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
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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.
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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.
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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.
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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).
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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
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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
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