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HomeMy Public PortalAbout1988-06-21 Regular Meeting146 COUNCIL MINUTES JUNE 21, 1988 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, June 21, 1988 in the V11)aaHall Council Chamber. The meeting was called to order at 9:35 a.m. by Mayor Richard H. Olsen and the roll was called. Those present were: Mayor Richard H. Olsen Asst. Mayor Estelle Stern Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Also present: Richard J. Weiss, Village Attorney Carole S. Morris, Village Clerk/Acting Village Manager As a quorum was found to be present the meeting was commenced. II. Approval of Minutes: Mr. Taplin requested that the minutes of the May 17, 1988 be clarified with respect to his review of Mrs. Miller's performance evaluation. A motion was offered by Mr. Boggess, and seconded by Mr. Taplin, to waive the reading of the May 17, 1988 regular meeting minutes and to approve them, subject to this correction. The motion carried and the minutes were approved, as corrected (5-0). III. Presentation: The Mayor then recognized Deputy Police Chief Glenn Grundy. Deputy Chief Grundy read, from a memo, outlining the accomplishments of Officer of the Month for May 1988, Detective Hernan Cardeno. Det. Cardeno was presented with a check in the amount of $100 in recognition of his achievement. The Mayor and Council joined in thanking Det. Cardeno for his outstanding efforts. Mayor Olsen then presented Service Pins to the following employees. Five year pins were awarded to: Johnnie Rush - Public Works; Glenn Grundy - Police Department. Ten year pins were awarded to: Eddie Smith, Bennie Smith, Alonzo Clark - Public Works Department; Lee Neivert - Postmistress. IV. Public Hearing: (Please note that this item was considered following discussion of the request by the Bal Harbour Shops Merchants Association) A public hearing was convened to consider transmittal of the Comprehensive Master Development Plan. Mrs. Morris explained that this public hearing was being conducted in accordance with state statutes. The Plan was prepared by the Village's engineer of record, Ludovici and Orange, in tandem with Village staff. The portion of the Plan June 21, 1988 - Regular Council Meeting 147 which precipitated the most discussion at previous meetings is the Capital Improvements Element - and a copy of this element was distributed. The Mayor then opened the public hearing. Mrs. Evelyn Gilbert, 120 Harbour Way, inquired as to how the document was prepared. Mr. Rod Rodriguez, representing Ludovici and Orange, outlined the Comprehensive Master Plan process in response to her inquiry. Mr. Herbert Davis, 10250 Collins Avenue, queried as to the inclusion of street re -paving, specifically Collins Avenue and 96th Street. Mayor Olsen responded that these are State maintained roadways and that they are scheduled for a future date. Mr. Sidney Feldman, 9801 Collins Avenue, inquired as to Council's input on this Plan. Mrs. Morris explained that the Council had held a previous workshop to review the plan. There being no other persons desiring to speak, Mayor Olsen closed the public hearing. For convenience, the following ordinance and resolutions were then considered out of agenda order. The Village Clerk then read, by title, an ordinance providing for approval and adoption of the Comprehensive Master Development Plan. There being no discussion, the following ordinance was unanimously adopted at first reading (5-0) ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA APPROVING AND ADOPTING THE BAL HARBOUR VILLAGE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Village Clerk read, by title, a resolution providing for transmittal of the Comprehensive Master Development Plan to the Department of Community Affairs, in accordance with state statutes. There being no objections, the resolution was unanimously adopted (5-0) RESOLUTION NO. 358 RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING THE TRANSMITTAL OF THE PROPOSED BAL HARBOUR COMPREHENSIVE MASTER DEVELOPMENT PLAN TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. The Village Clerk then read, by title, a resolution ratifying the rules for public participation for adoption of the Comprehensive Master Development Plan. There being no objections, the resolution was unanimously adopted (5-0) RESOLUTION NO. 359 RESOLUTION OF BAL HARBOUR VILLAGE RATIFYING BAL HARBOUR VILLAGE COMPREHENSIVE MASTER PLAN PROCEDURES FOR PUBLIC PARTICIPATION, PROVIDING FOR AN EFFECTIVE DATE. June 21, 1988 - Regular Council Meeting 2 148 Mayor Olsen announced that a second public hearing as to adoption of the Comprehensive Master Development Plan would be advertised and held at a later date. V.A. Ordinances - Second Reading: An ordinance was presented, which would provide for swimming pools in the setback areas of certain waterfront residential districts. Mayor Olsen opened, and as no one desired to speak, closed the public hearing on this ordinance. There being no discussion, the following ordinance was unanimously enacted (5-0) ORDINANCE NO. 316 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. V.B. Ordinances - First Reading: An ordinance, and an alternate, were presented for first reading that would provide for operation of a travel agency in the oceanfront district. The Code currently has no provision for travel agencies but restricts businesses operating in this area to those which provide for the convenience of the building residents. Mr. Boggess expressed doubts that a travel agency could operate, profitably, without seeking outside accounts. After some discussion, a motion was offered by Mr. Taplin to adopt the more restrictive ordinance and seconded by Mr. Blank. There being no further discussion the motion carried 4-1, with Mr. Boggess dissenting. ORDINANCE OF BAL HARBOUR VILLAGE AMENDING APPENDIX A, SECTION 6-9(a)(9) OF THE BAL HARBOUR VILLAGE CODE TO INCLUDE TRAVEL AGENCIES AS CONVENIENCE ESTABLISHMENTS PERMITTED WITHIN THE OCEAN FRONT DISTRICT; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (Please note that this item was considered out of agenda order, following adoption of Resolution 360). An ordinance was read, by title, by the Village Clerk, which provides ballot language for a charter amendment which would provide for 4 year council terms. Mr. Boggess requested that this ordinance also be amended such that, should a vacancy in the council occur, the council would appoint a resident, from the district in question, to fill the remainder of the term. A motion to adopt the ordinance, as amended, was offered by Mr. Boggess and seconded by Mrs. Stern. The motion carried unopposed (5-0) and the ordinance was adopted at first reading. June 21, 1988 - Regular Council Meeting 3 149 ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA PROPOSING A CHARTER AMENDMENT TO SECTION 14 OF THE BAL HARBOUR VILLAGE CHARTER TO PROVIDE FOUR-YEAR TERMS FOR ALL VILLAGE COUNCIL MEMBERS; PROVIDING BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. VI. Resolutions: A resolution was read, by title, by the Village Clerk calling for the Village Attorney to prepare a ballot question to be submitted to the electorate. Such ballot question would provide for all Council terms to be 4 years. Mayor Olsen explained that this resolution and resultant ballot question were precipitated by a request tat the code be amended to provide for election of council members only by the districts which they represent. Mrs. Stern spoke against this resolution, as it would provide for council members to be elected without approval of the entire community. After some further discussion, a motion to adopt the resolution was offered by Mr. Boggess and seconded by Mrs. Stern. The motion carried unanimously and the resolution was adopted unanimously (5-0) RESOLUTION NO. 360 A RESOLUTION OF THE VILLAGE OF BAL HARBOUR, FLORIDA AUTHORIZING A PROPOSED CHARTER AMENDMENT TO BE SUBMITTED TO THE ELECTORATE; AUTHORIZING THE VILLAGE ATTORNEY TO DRAFT THE PROPOSED CHARTER AMENDMENT AND REQUISITE BALLOT LANGUAGE; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance specifying the ballot language was then considered (out of agenda order). A resolution was read, by title, by the Village Clerk which would call upon the State to contribute to the Greater Miami Host Committee for the American Society of Travel Agents Convention, to be held in Dade County in October 1989. A motion to approve the resolution was offered by Mrs. Stern and seconded by Mr. Taplin. There being no discussion the motion carried unanimously (5-0). RESOLUTION NO. 361 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, URGING THE STATE OF FLORIDA TOURISM DIVISION TO CONTRIBUTE $500,000 TO THE GREATER MIAMI HOST COMMITTEE FOR THE COORDINATION OF THE AMERICAN SOCIETY OF TRAVEL AGENTS CONVENTION TO BE HELD IN DADE COUNTY/SOUTH FLORIDA, OCTOBER 22-27, 1989. June 21, 1988 - Regular Council Meeting 4 150 Finally, a resolution was read, by title, by the Village Clerk which would name the Acting Manager as the Village's agent and authorize same to act on behalf of the Village in pursuit of a Department of Environmental Regulation Sewer Grant. A motion to adopt the resolution was offered by Mr. Blank and seconded by Mr. Boggess. The motion carried unanimously (5-0) and the resolution was enacted. RESOLUTION NO. 362 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA PERTAINING TO THE REQUEST FOR GRANT SUPPORT FROM THE STATE DEPARTMENT OF ENVIRONMENTAL REGULATION FOR IMPROVEMENTS TO THE WASTEWATER SYSTEM. VII.A. Reports and Recommendations/Mayor and Council: In view of the large number of applications being received for the Village Manager's position, Mayor Olsen asked the council's pleasure as to how to proceed. It was agreed that each member of the council would review the applications and report their top 3 choices to the Clerk no later than the Wednesday prior to the July meeting (July 13th). A closing date, for receipt of resumes., of July 1 was set. Mr. John Bruno, 50 Park Drive, suggested that auditing or accounting experience be sought in the new manager. VII.B. Reports and Recommendations/Village Attorney: None. VII.C. Reports and Recommendations/Acting Village Manager: Mrs. Morris requested that the Council approve execution of a Workers' Compensation Service Agreement with Metro -Dade County. This agreement would provide for continuing service of claims incurred prior to 10/1/85. A motion to approve the agreement was offered by Mr. Taplin and seconded by Mrs. Stern. The motion carried unanimously (5-0). Approval of an emergency expenditure to Osvaldo Ojito was requested. Due to a pending health hazard, Mr. Ojito's services had been retained, on an emergency basis, to complete the 201 Update and Plans and Specifications required for the Village to apply for a sewer system rehabilitation grant, in the amount of $475,000. Though not budgeted, his expenses would be charged to account 402.535.313. A motion to approve Mr. Ojito's Proposal for Services/Pump Stations Rehabilitation was offered by Mr. Blank and seconded by Mrs. Stern. The motion carried unanimously (5-0). Approval of an expenditure in the amount of $3,119 (including freight) to Peerless Pump for purchase of a pump for the water station. The existing has failed and a replacement has been found to less costly than repairs. Funds are available from account 401.533.640. A motion to approve this purchase was offered by Mr. Blank and seconded by Mr. Taplin. The motion carried unanimously (5-0). June 21, 1988 - Regular Council Meeting 5 151 At the previous meeting, the Village Council had approved encasing the jogging path borders with p.v.c. if the contractor would hold the price until the end of the hurricane season. Building Official George Desharnais has, in the interim, had recontacted each of the bidders only to find that they could not guarantee their bids that far in advance. Mr. Boggess inquired as to how the test areas had held up when the path was rolled. Robert Wheldon, Public Works Director, explained that during the upcoming budget year, it is hoped that the large roller will be replaced with a smaller one more suitable to the task, A motion was offered by Mr. Blank to proceed with this project with the low bidder, Serge Taieb Construction, and seconded by Mrs. Stern. The motion carried 4-1 with Mr. Boggess dissenting. VIII. Other Business: (Please note that this item was considered following the consideration of resolutions - out of agenda order) A proposal was submitted for the Council's review regarding establishment of a Beautification Board. The proposal, as submitted to the Council, had been drafted by Beautification Committee Chairman Ralph Cades and approved by the Committee. Edna Gene Davidson and Evelyn Gilbert, both members of the Beautification Committee, were present and spoke in support of the proposal. Mr. Taplin suggested that consideration of this proposal be deferred until a Village Manager is appointed and make coordination with this Committee a requisite of the job. In the interim, it was agreed that the Committee would continue to function as it has in the past. (At the request of Mr. Whitman, this item, too, was considered out of agenda order, following presentation of employee service pins) Mr. Stan Whitman, spoke on behalf of the Bal Harbour Shops Merchants Association, in their request to have their contribution to the ala Bal Harbour '88 fashion show refunded to them, as the event was under budget. Mr. Whitman noted that at their May loth meeting, the Resort Tax Committee had endorsed the return of these funds. He then introduced Mike Berman, of Elaine Shops, who spoke for the Merchants Association. Mr. Berman explained that their participation had come about as a desire to be a part of a community event and that few customers were generated as a result of the Gala. Mr. Blank queried as to the difference between the Shops and the Merchants Association, and as to the Merchants participation in previous Galas. After further discussion, a motion was offered by Mr. Boggess to return the unexpended funds ($24,685 unexpended/Merchants contribution was $27,000) to the Merchant Association. The motion was seconded by Mr. Taplin and carried 4-1 with Mr. Blank dissenting. Mr. John Bruno, 50 Park Drive, inquired as to saltwater intrusion into the sewer system. Mrs. Morris explained that this problem is among those to be addressed in the Comprehensive Plan. Public Works Superintendent Robert Wheldon queried as to the Council;s preference for sidewalk at the Sun Bank/mini-park. It was agreed that the sidewalk used should be in keeping with the June 21, 1988 - Regular Council Meeting 6 152 decorative sidewalk in the remainder of the community. IX. Adjourn: A motion to adjourn the meeting was offered by Mr. Taplin and seconded by Mr. Blank. The motion carried unanimously and the meeting adjourned at 12:10 p.m. Mayor ATTEST: /` I Village Clerk June 21, 1988 - Regular Council Meeting 7