HomeMy Public PortalAbout1988-05-17 Regular Meeting140
COUNCIL MINUTES
MAY 17, 1988 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour 'village
Council was held on Tuesday, May 17, 1988 in the Hall
Council Chamber. The meeting was called to order at G::'C a.m. by
Mayor Richard H. Olsen and the roll was called. These present
were:
Mayor Richard H. Olsen
Asst. Mayor Estelle Stern
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Louise K. Miller, Village Manager
Richard J. Weiss, Village Attorney
Carole S. Morris, Village Clerk
As a quorum was found to be present the meeting was
commenced.
II. Approval of Minutes: A motion was offered by Mr.
Boggess, and seconded by Mr. Taplin, to waive the reading of the
April 19, 1988 regular meeting minutes and to approve them as
submitted. There being no changes or corrections the motion
carried and the minutes were approved (5-0).
III. Presentation: The Mayor then recognized Mr. Arnold
Pfeffer, Chief Executive Officer of the National Parkinson
Foundation, to accept a proclamation declaring the week of May
16th through May 22nd as "Parkinson Awareness Week" in Bal
Harbour. The Village Clerk read the proclamation which was then
presented by Mayor Olsen.
IV. Public Hearing: A public hearing was convened to
consider a request from C.C. Cantor Corp., d/b/a Miss Grimble's,
to upgrade their liquor license to 4COP (beer, wine, alcohol).
Miss Grimble's was represented by Syd Chadroff - attorney, who
indicated that Miss Grimble's has no intention to expand but only
to offer alcoholic beverages to their patrons. John Bruno, 50
Park Drive, expressed concern that alcohol served at tables
located outside of the restaurant might constitute a hazard. As
no one else desired to speak, the public hearing was then closed.
A motion to approve the upgrading of Miss Grimble's license to
4COP wa offered by Mr. Blank and seconded by Mr. Taplin. There
being no further discussion, the motion carried unopposed (5-0).
V. Ordinances: (Please note that no ordinances were
scheduled for consideration at this meeting) Paul Chaplin, 108
Bal Bay Drive, inquired as to the status of the proposed
ordinance which would amend the setback requirements for pools in
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141
waterfront areas. Mayor Olsen explained that this ordinance had
been considered at the April council meeting and deferred to the
attorney for modification. Building Official George Desharnais
explained that the current code requires a 40' setback. The
problem encountered when this ordinance was previously considered
relates to screened pool enclosures. Mr. Desharnais reported
that he had surveyed property owners affected by the proposed
ordinance and found that they, along with Mr. Boggess,
disapproved of screen enclosures. The attorney was asked to
review the original ordinance and make the appropriate changes
such that this ordinance could receive first reading at today's
meeting. A motion to place this matter on the agenda was offered
by Mr. Boggess and seconded by Mrs. Stern. The motion carried
unopposed (5-0). The Village Clerk then read the proposed
ordinance by title. A motion to enact the ordinance was offered
by Mr. Boggess and seconded by Mrs. Stern. The motion carried
unopposed (5-0) and the following was approved on first reading
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING
APPENDIX A, SECTION 5-3 OF THE BAL HARBOUR
VILLAGE CODE; DECREASING THE MINIMUM SETBACKS
FOR SWIMMING POOLS WITHIN THE R-1, RM-4, RM-
5, AND PC DISTRICTS WHICH FRONT ON INDIAN
CREEK AND BISCAYNE BAY; PROVIDING FOR
SEVERABILITY; INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
VI. Resolutions: A resolution was read, by title, by the
Village Clerk urging the renewal of the Gas Tax. Mrs. Stern
explained that adoption of this resolution was requested by the
Dade League of Cities. A motion to adopt this resolution was
offered by Mrs. Stern and seconded by Mr. Taplin. There being no
further discussion the motion carried unanimously (5-0) thus
becoming
RESOLUTION NO. 356
RESOLUTION OF BAL HARBOUR VILLAGE SUPPORTING
THE RENEWAL OF THE GAS TAX PURSUANT TO THE
TERMS AND CONDITIONS OF THE EXISTING
INTERLOCAL AGREEMENTS PROVIDING FUNDS BE
DISTRIBUTED AMONG THE COUNTY AND THE CITIES
IN ACCORDANCE WITH THE CURRENT INTERLOCAL
AGREEMENTS FOR THE PURPOSES OF OBTAINING A
PORTION OF THE AFORESAID LOCAL OPTION GAS TAX
AUTHORIZED BY SECTION 336.025, FLORIDA
STATUTES.
A resolution was then read, by title, by the Village Clerk
establishing a "Bring to Justice" Fund to be used to provide
reward funds for information leading to the arrest of any person
killing a police officer. A motion to adopt this resolution was
offered by Mr. Taplin and seconded by Mr. Blank. The motion
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142
carried unanimously (5-0) thus becoming
RESOLUTION NO. 357
RESOLUTION OF BAL HARBOUR VILLAGE URGING ALL
LOCAL GOVERNMENTS TO CONTRIBUTE TO A "BRING
TO JUSTICE REWARD FUND" WHEREBY REWARDS WILL
BE GIVEN TO ANY PERSON(S), OTHER THAN POLICE
OFFICERS, FOR INFORMATION LEADING TO THE
APPREHENSION AND CONVICTION OF ANY PERSON
COMMITTING THE CRIME OF MURDER OF ANY POLICE
OFFICER OF ANY MUNICIPALITY, STATE OR FEDERAL
GOVERNMENT WHILE PERFORMING HIS DUTIES IN
DADE COUNTY, FLORIDA; REQUESTING A MINIMUM
CONTRIBUTION OF $1,000.00 TO SAID FUND
CONDITIONED UPON ALL LOCAL GOVERNMENTS
PARTICIPATING.
VII.A. Reports and Recommendations/Mayor and Council: Mrs.
Miller explained that the crosswalk from the Sheraton parking lot
to the Bal Harbour Shops has been resolved, however, it was
necessary to resolve the matter of the crossing from the
employees' exit at thee Sheraton to the bus stop. Mayor Olsen
added that, basically, only two options exist, keep or eliminate
the crosswalk. Mr. Boggess expressed concern that this is being
handled in a disjointed manner and should be incorporated into an
overall plan for development of the mini-park/median area, and
for that reason, moved to table this issue. Mr. Taplin seconded
this motion. Mrs. Miller explained that funding for development
of this area has been secured from the Department of
Transportation and that work must commence in the next 30-40
days. Sheldon Pivnik, of the Metro -Dade Division of Signals and
Signs, explained that the County would like to return the
flashing light to a red/green light and mover the crossbars. In
order for this to be done, the County is requesting the Village
agree to assume the costs for construction of the handicapped
ramps and for a sidewalk across the median/mini-park area. A
motion was offered by Mrs. Stern to move the crosswalk to the and
install a perimeter sidewalk and handicapped curb cuts. This
motion was seconded by Mr. Boggess and carried unanimously (5-0).
VII.B. Reports and Recommendations/Village Attorney: Mr.
Weiss reported that the Harland Bartholomew/Ocean Front zoning
ordinance has been revised and is under review. Mrs. Stern
expressed concern as to whether or not the ordinance addressed
density adequately.
VII.C. Reports and Recommendations/Village Manager:
1. Approval of Purchase: Mrs. Miller requested that
the Council approve purchase of a 1/2 ton GMC pickup truck as per
State Bid A4. The truck will be purchased from Courtesy Pontiac
GMC at a cost of $10,215. Funds are provided in the current
operating budget under account 001.539.640. A motion to approve
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the expenditure wa offered by Mr., Taplin and seconded by Mrs.
Stern and carried unanimously (5-0).
2. Proposal(s): Proposals have been solicited for
covering the wooden border along the jogging path with p.v.c.
The low bid was received by Serge Taieb Construction, at a cost
of $18,900. Mr. Taplin suggested, that if the vendor will hold
the price, it might be best to postpone this work until after the
hurricane season. A motion to approve this expenditure, if the
vendor will hold the price until December 1, was offered by Mr.
Taplin and seconded by Mr. Blank. The motion carried unanimously
(5-0).
Mrs. Miller requested that the Council approve the
expenditure of up to $10,000 to the Village engineers, Ludovici
and Orange, for completion of a 201 Update - required as a part
of the Village's sewer grant application. Mr. Weiss suggested
that their proposal be amended to reflect attendance at all
required Village meetings at no additional charge. A motion to
approve this expenditure was offered by Mr. Boggess and seconded
by Mr. Taplin. The motion carried unanimously (5-0).
A proposal from Lightsey Concrete Company for repaving,
drainage, and restriping (provision of handicapped parking
stalls) of the north parking lot was presented. Cost for the
improvements is $3,357.90. A motion was offered by Mrs. Stern
and seconded by Mr. Boggess to approve this expenditure. The
motion carried unanimously (5-0).
Mrs. Miller then presented a proposal from Zambelli
International Fireworks for a Fourth of July fireworks display.
The display would take place on a barge, anchored off -shore and
the cost would be approximately $10,990. Numerous residents
expressed concerns about security, traffic, crowds, etc. A
motion to approve this expenditure was offered b Mr. Boggess and
seconded by Mrs. Stern. The motion carried unanimously (5-0).
3. Award of Bid: Mrs. Miller reported that bids have
been received for the 96th Street Landscaping Project(s) - Bid
#88-5. Administration is recommending that sections II and III
of the bid be awarded to Vila and Son Landscaping, with 2 palms
being omitted from section III (at a savings of $8,400). A
motion to accept the bid, as per administrations recommendation,
was offered by Mr. Boggess and seconded by Mr. Blank. The motion
carried unanimously (5-0).
VIII. Other Business: (Please note that this item was
considered out of agenda order, following discussion of 96th
Street pedestrian traffic) Mr. Stanley Whitman was then
recognized regarding his request, on behalf of the Bal Harbour
Shops Merchants Association to return their contribution to the
Gala Bal Harbour '88 event, as this event was under the estimated
budget. He noted that Larry Cliff and John Alden both support
this request. Enid Rosenthal spoke on behalf of the Merchants
Association, urging return of their contribution. Mayor Olsen
suggested that return of their pro rata share might be more
appropriate. Mrs. Miller suggested that these funds might be
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144
encumbered toward the next special event. Mr. Taplin offered a
motion to defer this decision to the next meeting. This motion
was seconded by Mrs. Stern and carried unanimously (5-0).
Mr. Blank commended the police department of their
performance, as reported in the May 8 Miami Herald.
Mrs. Miller reported that a matching grant has been received
from the Florida Inland Navigation District in the amount of
$29,625.
Mr. Anthony Riso queried as to Village code with respect to
parking of commercial vehicles and leash laws. Mr. Weiss agreed
to look into these areas.
1. Evaluation of Village Manager: Mayor Olsen opened
discussion on this matter by passing the gavel and offering a
motion that the Village Manager's contract not be renewed as of
its termination date, 7/21/88. Mr. Blank seconded the motion.
Mr. Taplin stated that he felt to fail to renew this contact
would be a mistake. Mr. Taplin reported that he had talked with
important department heads and representatives of the community
and they were please with Mrs. Miller's performance.1 Mayor
Olsen explained that the criteria given the review committee was,
if you owned Bal Harbour would you hire Louise Miller as your
chief operating officer. He expressed concerns about working
relationships in Village Hall. After some further discussion the
question was called and the motion carried 4-1, with Mr. Taplin
dissenting. A motion was offered by Mayor Olsen and seconded by
Mr. Boggess that the Village Manager be relieved of her duties
immediately and kept on the payroll until the termination of her
contract, and that the Clerk be appointed as acting manager. The
motion carried unopposed (5-0). Mr. Boggess inquired as to the
procedure for selection of a new manager. Mrs. Stern indicated
that the search would begin immediately - with an ad placed in
municipal publications.
Mrs. Miller thanked the Council for the opportunity to serve
the Village. Mrs. Stern responded by wishing Mrs. Miller well.
IX. Adjourn: A motion to adjourn the meeting was offered
by Mr. Taplin and seconded by Mrs. Stern. The motion carried
unanimously and the meeting adjourned at 1:15 p.m.
Mayor
lAt the June 21, 1988 meeting, Mr. Taplin requested that
this portion of the minutes be amended to reflect that he spoke
with department heads who indicated no deficiencies sufficient to
warrant dismissal and that he interviewed representatives of the
ocean front properties that were pleased with the Village
services that they receive.
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ATTEST:
Le.Cbii tom. i(.kitty)
Village Clerk
Regular Council Meeting - May 17, 1988 6