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
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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
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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.
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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.
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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
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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.
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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
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