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HomeMy Public PortalAbout1992-09-30 Budget Hearing121 COUNCIL MINUTES BUDGET AND ZONING HEARING - SEPTEMBER 30, 1992 A Budget and Zoning Hearing of the Bal Harbour Council was held on Wednesday, September 30, 1992 in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order by Assistant Mayor Hirschl at 5:20 p.m. The roll was called and those present were: Also present: Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin -Carole S. Morris, Village Manager Jeanette Horton, Village Cterk Richard J. Weiss, Village Attorney Absent: Mayor Estelle Stern As a quorum was determined to be present, the meeting commenced. Assistant Mayor Hirschl questioned the audience as to the number present for the Munisport issue and with the Council's,approval at this time move to item 7B on the agenda. There was no objection. 7B. Race Track: Mrs. Morris introduced Mr. Edward Guedes, an attorney at Richard Weiss's office, who has done the research on the proposed race track and amphitheater. Mr. Weiss gave a brief history of Mr. Guedes' background and stated that Mr. Guedes would be the attorney that would be going to court for Key Biscayne against the Seaquarium. Mr. Guedes explained the documents he reviewed at the City of North Miami, which are: Management Operating Agreement dated May 27, 1992 between the City of North Miami, Florida and Performing Arts Management of North Miami, Inc Management Operating Agreement date June 25, 1992 between City of North Miami, Florida and North Miami Racing Corporation, Inc. Minutes of North Miami Planning Commission dated September 2, 1992. Mr. Guedes stated that the term of the contract is for 30 years and they were signed for the race track on May 22, 1992 and the amphitheater on June 25, 1992. Funding from Dade County was an allocated $9 million from the Tourist Development Tax in a Budget and Zoning Hearing 9/30/92 1 122 Resolution passed in 1991. At this time Mr. Guedes stated he was not aware of date set for final approval. The zoning procedure must be followed by the Planning Commission of the City of North Miami and the Council will have the final decision on the re -zoning. The September 2, 1992 Planning Commission of North Miami was continued until October 14, 1992 and at the end of that meeting they will make a final recommendation to the Council. Mr. Weiss stated the City of North Miami is committed to this project and since he represents them in Labor Negotiations he deeply regrets that he would be unable to represent the Village in this conflict. Councilman Blank questioned Mr. Guedes in regards to the nine million dollars funding from the County. Mr. Guedes replied that the County approved in principal and read from the Resolution that the County has approved the funding. Assistant Mayor Hirschl stated everyone is affecte,d, water conducted sound. Therefore we should fight this both politically and legally. Tonight will not solve the problem, citizen groups must be formed. Councilwoman Ann McDougal, 34 Indian Creek, Indian Creek, stated that all plans were made before the disaster in Homestead. She suggest moving this project to Homestead. The County would not lose and funding maybe available also from the Federal Government if this project was moved to Homestead. Councilman Boggess recommends that the Village retain attorney Dan Paul or John Fletcher. Barbara Schindler, President of the Coalition for Public Use of Munisport, 2500 N. E. 135.Street, North Miami, explained that Mr. Sanchez originally wanted'Opa Locka for the site of his race track. Requested that letters be written to the Governor and members of the Cabinet stating opposition to the Race Track and Amphitheater and the impact it would have on our community. Mrs. Schlindler stated that it would take only one vote on the City of North Miami Council to defeat this issue. Dan Holder, 24 Bal Bay Drive, stated he was very disappointed that Mr. Weiss would be unable to represent the Village and questioned why the County could not enforce the noise Ordinance. Mrs. Morris explained and referred to the case of Sundays on the Bay for example. Assistant Mayor Hirschl suggested setting a date to meet with an attorney and set a fee cap. Mrs. Morris to contact Mr. Fletcher and also obtain a list of attorneys from Mr. Weiss. A motion was offered by Councilman Taplin and seconded by Councilman Blank that Budget and Zoning Hearing 9/30/92 2 123 a meeting be set with an attorney and Council to meet on October 5. 1992. The motion carried unanimously (4-0) with Mayor Stern absent. 2. Discussion of Millage Rate - No increase over Rolled -Back Rate: Mrs. Morris announced that the millage rate proposed is 0.0% over the rolled -back millage rate. 3. Discussion of Proposed Millage Rate: Assistant Mayor Hirschl announced that the proposed millage rate for the coming fiscal year is 3.36 and opened a Public Hearing for comments. There being none, the Public Hearing was closed. A motion to adopt the millage rate as proposed was offered by Councilman Boggess and seconded by Councilman Taplin. The motion carried unanimously (4- 0), with Mayor Stern absent. 4. Discussion of Proposed Budgets: None 5. Resolution - Adoption of Millage Rate: A Resolution adopting the final millage rate was read, in full, by th,p Village Clerk. A motion to adopt this Resolution was offered by Councilman Boggess and seconded by Councilman Taplin. The motion carried unanimously (4-0), with Mayor Stern absent, thus becoming RESOLUTION NO. 468 RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING A FINAL MILLAGE RATE FOR FISCAL YEAR 1992/93; PROVIDING FOR AN EFFECTIVE DATE. 6. Ordinance/Public Hearing -Adoption of Proposed Budgets: General Fund Mrs. Morris explained that the General Fund also includes the Security District, and. the Council sits as an equalizing Board to hear complaints with reference to assessments. An Ordinance adopting the General Fund Budget for Fiscal Year 1992/93 was read, by title, by the Village Clerk. Assistant Mayor Hirschl then opened the Public Hearing for discussion. There being no discussion on the Budget nor on the assessments, Assistant Mayor Hirschl closed the Public Hearing. A motion was offered by Councilman Taplin and seconded by Councilman Boggess to enact this Ordinance. The motion carried unanimously (4-0), with Mayor Stern absent, thus becoming ORDINANCE NO. 372 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE PERIOD OF OCTOBER 1, 1992 TO SEPTEMBER 30, 1993 IN THE AMOUNT OF $4,128,331 AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. Budget and Zoning Hearing 9/30/92 3 124 Water Department An Ordinance adopting the Water Department Budget for Fiscal Year 1992/93 was read, by title, by the Village Clerk. Assistant Mayor Hirschl then opened a Public Hearing for comments. There being none he closed the Public Hearing. A motion was offered by Councilman Blank and seconded by Councilman Boggess to enact this Ordinance. The motion carried unanimously (4-0), with Mayor Stern absent, thus becoming ORDINANCE NO. 373 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE WATER DEPARTMENT FOR THE PERIOD OF OCTOBER 1, 1992 TO SEPTEMBER 30, 1993 IN THE AMOUNT OF $ 852,725; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. Sanitary Sewer Department An Ordinance adopting the Sanitary Sewer Department Budget for the Fiscal Year 1992/93 was read, by title, by the Village Clerk. Assistant Mayor Hirschl then opened a Public Hearing for comments, and there being none, closed the Public Hearing. A motion was offered by Councilman Taplin and seconded by Councilman Boggess to enact this Ordinance, thus becoming ORDINANCE NO.374 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE SANITARY SEWER DEPARTMENT FOR THE PERIOD OF OCTOBER 1, 1992 TO SEPTEMBER 30, 1993 IN THE AMOUNT OF $ 486,410; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. Department of Tourism An Ordinance adopting the Department of Tourism Budget for the Fiscal Year 1992/93 was read, by title, by the Village Clerk. Assistant Mayor Hirschl tHen opened a Public Hearing for comments. Assistant Mayor Hirschl stated we should authorize payment to the Greater Miami Convention Visitors Bureau but withhold payment. Mrs. Morris stated it is feasible to set up appointment and discussion contribution with Mr. Stierhiem. Assistant Mayor Hirschl then closed the Public Hearing. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to enact this Ordinance. The motion carried unanimously (4-0), with Mayor Stern absent, thus becoming ORDINANCE NO. 375 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE PERIOD OF OCTOBER 1, 1992 TO SEPTEMBER 30, 1993 IN THE AMOUNT OF $1,295,285; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. Budget and Zoning Hearing 9/30/92 4 125 7. Other Business: A. Zoning, Appearance Code Amendment An Ordinance was read, by title, by the Village Clerk amending Section 5.5-11 of the Village Code, appointing an Ex-Officio member to the Architectural Review Board. Assistant Mayor Hirschl then opened the Public Hearing for comments. Councilman Blank gave background on the amendment to the Board. Assistant Mayor Hirschl then closed the Public Hearing. A motion was offered by Councilman Boggess and seconded by Councilman Blank to enact this Ordinance. The motion carried unanimously (4-0), with Mayor Stern absent, thus becoming - ORDINANCE NO. 376 ORDINANCE OF BAL HARBOUR VILLAGE FLORIDA AMENDING SECTION 5.5- 11 OF THE VILLAGE CODE; DESIGNATING THE CHAIRMAN -'OF THE BEAUTIFICATION COMMITTEE AS AN EX-OFFICIO NON VOTING MEMBER OF THE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Permitted Use An Ordinance was read, by title, by the Village Clerk amending section 21-316 of the Village Code, expanding the list"of permitted uses in the "B" Business District. Assistant Mayor Hirschl then opened a Public Hearing for comments. Councilman Blank questioned the listing of Private Clubs. Mr. Weiss explained similar to luncheon club. There being no further comments, Assistant Mayor Hirschl closed the Public Hearing. A motion was offered by Councilman Taplin and seconded by Councilman Boggess to enact this Ordinance. The motion carried unanimously (4-0), with Mayor Stern absent, thus becoming ORDINANCE NO. 377 ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING SECTION 21-316 OF THE VILLAGE CODE; EXPANDING THE LIST OF PERMITTED USES IN THE " B " DISTRICT TO INCLUDE THE FOLLOWING: APPLIANCE, ELECTRONIC AND TELEPHONE STORES; ART GALLERIES; AUCTION HOUSES;FINANCIAL INSTITUTIONS; CHILD CARE OR JUVENILE ENTERTAINMENT FACILITIES( BUT NOT VIDEO ARCADES); BAKERIES; FLORISTS; HEALTH CLUBS AND SPAS; DRY GOODS STORES; DEPARTMENT AND VARIETY STORES; HOME FURNISHINGS, CHINA, JEWELRY, BOOK, TOY, VIDEO, SOAP, PERFUME, COMPUTER HARDWARE AND SOFTWARE, LEATHER GOODS AND GIFT STORES; PARKING OF AUTOMOBILES; PRIVATE CLUBS; ALTERATION SHOPS; TRAVEL AGENCIES; AND OTHER SIMILAR USES AS MAY BE PERMITTED BY THE VILLAGE COUNCIL, AFTER A PUBLIC HEARING, PROVIDING THAT SUCH USES ARE COMPATIBLE WITH AND DO NOT ADVERSELY AFFECT THE CHARACTER OF THE "B" BUSINESS DISTRICT; ELIMINATING SERVICE STATIONS AS A Budget and Zoning Hearing 9/30/92 5 126 PERMITTED USE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Village Manager: Holiday Decorations Mrs. Morris explained that at the July 21, 1992 Regular Council meeting, approval was given for the purchase of new holiday decorations, pending final selection by the Resort Tax Committee. Estimated cost for the decorations was approximately $300 to $400 each. Upon determination of the decoration to be used, Public Works Superintendent Robert Wheldon and his staff reviewed this decoration and in view of the high winds experienced along Collins Avenue requested the vender to make certain changes to the decoration which would provide for a more durable design and in turn reduce the annual maintenance costs and ensuring longer useful life of the decorations. This increased the cost pe'r unit to $469 each totaling $27,376, as well as the vendor has agreed to allow the Village a $20 credit a piece for the old decorations. Mrs. Morris stated that in order to have these decoration for the upcoming season, she needs the Council's authorization at this time to proceed. • A motion was offered by Councilman Boggess and seconded by Councilman Blank to authorize the Village Manager to proceed with the purchase of the Holiday decoration. The motion carried unanimously (4-0), with Mayor Stern absent. Recycling Truck Mrs. Morris explained that earlier this month the Village issued a bid seeking prices for a truck and rear load recycling body. Only one response was received, as was the case in another municipality. That response was from Ray Pace's Waste Equipment. Their response is in conformance with the bid specifications and it is the recommendation of Public Works Superintendent Robert Wheldon that we proceed with the purchase of this vehicle. The total price is $93,797 and delivery is anticipated between 150 - 180 days. Mrs. Morris further explained ''that in the 1991/92 budget $75,000 is provide however, we are sufficiently under budget and no additional funds should be required. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to authorize the Village Manager to proceed with the purchase. The motion carried unanimously (4-0), with Mayor Stern absent. 101 Condominium Association: Councilman Blank read the memo the Council received from the Village Clerk, with the request from the 101 Condominium Association to be heard in reference to Hurricane Shutters. Mrs. Gorson was present and explained the type of shutters to be used. Assistant Mayor Hirschl stated that the Council does not have the authority to waive the appearance before the Architectural Review Board. Budget and Zoning Hearing 9/30/92 6 127 8. Adjourn: There being no further business to come before this Council a motion was offered by Councilman Boggess and seconded by Councilman Blank to adjourn. The motion carried unanimously (4-0), with Mayor Stern absent and the meeting adjourned at 7:15 p.m. 6 /! Assistant Mayor Andrew R. Hirschl Attest: eanette Horton,CMC/AAE Village Clerk /jh Budget and Zoning Hearing 9/30/92 7