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HomeMy Public PortalAbout1987-09-15 Regular MeetingR3 COUNCIL MINUTES SEPTEMBER 15, 1987 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, September 15, 1987 at the Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Richard H. Olsen and the roll was called. Those present were: Mayor Richard H. Olsen Councilman Matthew B. Blank Councilman James E. Boggess Tardy: Asst. Mayor Estelle Stern Councilman Sol M. Taplin Also present: Louise K. Miller, Village Manager Carter McDowell, representing the Village Attorney Carole S. Morris, Village Clerk As a quorum was present the meeting was commenced. However, Mayor Olsen requested that the record reflect the meeting began during a severe thunderstorm, which delayed the arrival of both council members and residents. Approval of Minutes: A motion was offered by Mr. Boggess and seconded by Mr. Blank to approve the minutes of the July 21, 1987 regular meeting and the July 21, 1987 workshop meeting as submitted. There being no changes or corrections the motion carried and the minutes were unanimously approved (3-0). Presentation of the Officer of the Month award was deferred until later in the meeting. Public Hearing - Board of Equalization: The Mayor then explained that the Council was serving as the Board of Equalization to hear complaints regarding the security district assessment. Mayor Olsen opened and, as no one desired to speak, closed the public hearing (a resolution adopting the assessment roll was passed later in the meeting). Public Hearing - Water and Sewer Rates: Mayor Olsen noted that section 21-1 of the Village Code permits the establishment of water and sewer rates following a public hearing. He then opened the public hearing on this matter, in accordance with the provisions of the Code. Mr. Boggess expressed concern over the physical status of the Village's utilities. There being no other comments, the public hearing was closed (water/sewer rate resolutions were adopted later in the meeting). Public Hearing - Expenditure of Federal Revenue Sharing Funds: Mrs. Miller explained that the General Fund budget for FY 87/88 includes the expenditure of $13,950.49 in Federal Revenue Sharing funds. These dollars will be used as a portion of the 84 Village's contribution to the operating expenses of the Surf Bal Bay Library. Mayor Olsen then opened, and as no one expressed a desire to speak, closed the public hearing (Mrs. Stern arrived during this portion of the meeting). Ordinances - Second Reading: An ordinance was read, by title only, by the Clerk which would eliminate the garbage user fee. Mayor Olsen opened, and as no one desired to speak, closed the public hearing on this ordinance. A motion was offered by Mr. Boggess and seconded by Mrs. Stern to enact the ordinance. There being no further discussion the motion carried unanimously (4-0) becoming ORDINANCE NO. 307 ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA REPEALING IN ITS ENTIRETY ARTICLE II OF CHAPTER 10 OF THE CODE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING ARTICLE I OF CHAPTER 10 TO INCLUDE A NEW SECTION ENTITLED "DEFINITIONS"; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. An ordinance was read by the Clerk, by title only, which would increase the fee charged by the Village for variance applications (Mr. Taplin arrived during this portion of the meeting). Mayor Olsen opened, and as no one wished to speak, closed the public hearing on this ordinance. A motion was offered by Mr. Boggess and seconded by Mr. Blank. There being no further discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 308 ORDINANCE OF BAL HARBOUR VILLAGE AMENDING APPENDIX A, SECTION 11-1 OF THE BAL HARBOUR VILLAGE CODE TO INCREASE THE APPLICATION NEE FOR VARIANCES, TO ESTABLISH SEPARATE FEES FOR VIOLATION AND TO REQUIRE PAYMENT BY ALL APPLICANTS OF ANY COSTS INCURRED IN PROCESSING AN APPLICATION INCLUDING EXPERT ADVICE DEEMED NECESSARY FOR THE PROPER AND COMPLETE EVALUATION OF EACH APPLICATION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. An ordinance was then read by the Clerk, by title only, which increases occupational license fees in accordance with the provisions of the state law. Mayor Olsen opened, and as no one wished to speak, closed the public hearing on this ordinance. A motion was offered by Mrs. Stern and seconded by Mr. Blank to enact this ordinance on second reading. There being no further discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 309 ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA AMENDING SECTION 11-5 AND 11-7 OF THE CODE OF BAL 85 HARBOUR VILLAGE, FLORIDA BY PROVIDING CLASSIFICATIONS FOR FINANCIAL INSTITUTIONS AND THEIR RESPECTIVE BRANCHES, CAR WASH FACILITIES, AND RELIGIOUS INSTITUTIONS, AN INCREASE IN FEES FOR ALL CLASSIFICATIONS AND A DELINQUENCY PENALTY; PROVIDING FOR SEVERABILITY, INCLUSION IN iria CODE AND AN EFFECTIVE DATE. An ordinance was read by the Clerk, by title only, adopting the General Fund budget and authorizing expenditures thereof. Mayor Olsen opened, and as no one wished to speak, closed the public hearing on this ordinance. A motion was offered by Mr. Taplin and seconded by Mr. Boggess to enact the ordinance on second reading. There being no further discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 310 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE PERIOD OF OCTOBER 1,1 987 TO SEPTEMBER 30, 1988 IN THE AMOUNT OF $3,185,165; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. An ordinance was read by title by the Clerk adopting a Water Fund budget and authorizing expenditures thereof. Mayor Olsen opened and, as no one wished to speak, closed the public hearing on this ordinance. A motion was offered by Mr. Boggess and seconded by Mr. Blank to enact this ordinance on second reading. There being no further discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 311 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE WATER DEPARTMENT FOR rtit, PERIOD OF OCTOBER 1, 1987 TO SEPTEMBER 30, 1988 IN THE AMOUNT OF $615,740; AUTHORIZING EXPENDITURES, ESTABLISHING AN EFFECTIVE DATE An ordinance was read by title by the Clerk adopting a Sewer Fund budget and authorizing expenditures thereof. Mayor Olsen opened and, as no one desired to speak, closed the public hearing on this ordinance. A motion was offered by Mr. Taplin and seconded by Mr. Blank to enact this ordinance on second reading. There being no further discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 312 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE SANITARY SEWER DEPARTMENT FOR THE PERIOD OF OCTOBER 1, 1987 TO SEPTEMBER 30, 1988 IN THE AMOUNT OF $491,032; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. 86 An ordinance was read, by title, by the Clerk adopting a Tourism Fund budget for FY 87/88 and authorizing expenditures thereof. Mayor Olsen opened and, as no one desired to speak, closed the public hearing on this ordinance. A motion was offered by Mrs. Stern and seconded by Mr. Boggess to enact the ordinance on second reading. There being no further discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 313 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE DEPARTMENT OF TOURISM FOR THE PERIOD OF OCTOBER 1, 1987 TO SEPTEMBER 30, 1988 IN THE AMOUNT OF $1,215,440; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. An emergency ordinance was presented for the Council's consideration transferring funds between General Fund accounts and appropriating an additional $7,000 in order to balance the FY 86/87 budget. The Clerk read the ordinance by title. Finance Officer John Kelly explained that this is a routine procedure and done during September as these figures are not normally available during the year. A motion was offered by Mrs. Stern and seconded by Mr. Taplin to enact this emergency ordinance. There being no further discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 314 AN EMERGENCY ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE GENERAL FUND BUDGET IN THE AMOUNT OF $7,000 FOR 1986-87. Resolutions: The Clerk read a resolution, in full, adopting the assessment roll for the security district for FY 87/88 (at a public hearing at the opening of the meeting the Council had served as Board of Equalization on this matter). A motion was offered by Mr. Boggess and seconded by Mr. Blank to adopt the resolution. There being no discussion the motion carried unanimously (5-0) becoming RESOLUTION NO. 336 RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A resolution adopting water rates for FY 87/88 was then read in full by the Clerk (a public hearing on these rates was held at the opening of the meeting). A motion was offered by Mr. Taplin and seconded by Mrs. Stern to adopt this resolution. There being no discussion the motion carried unanimously (5-0) becoming RESOLUTION NO. 337 RESOLUTION OF BAL HARBOUR VILLAGE SETTING WATER RATES; PROVIDING FOR AN EFFECTIVE DATE. 87 A resolution adopting sewer rates for FY 87/88 was read in full by the Clerk (a public hearing on these rates was held at the opening of the meeting). A motion was offered by Mrs. Stern and seconded by Mr. Taplin to adopt this resolution. There being no discussion the motion carried unanimously (5-0) becoming RESOLUTION NO. 338 RESOLUTION OF BAL HARBOUR VILLAGE SETTING SEWER RATES; PROVIDING FOR AN EFFECTIVE DATE. Officer of the Month: At this time, Mayor Olsen recognized Police Chief Robert Baquero to present the Officer of the Month award. The Chief read a memo outlining the accomplishments of Officer Steven Goldberg. The Chief then presented Officer Goldberg with a certificate recognizing his achievements and a check in the amount of $10D from the Village. Officer Goldberg was congratulated by the Council. Reports and Recommendations - Mayor and Council: Mayor Olsen noted that a request has been received from Marc Kovens (trustee for the developer) to place a sales sign at the property located at 9999 Collins Avenue prior to commencing construction. He called on Building Official George Desharnais to elaborate on this request. Mr. Desharnais displayed a rendering of the sign being requested and explained that the Code does not provide for placement of such a sign until construction has commenced. The applicant is requesting permission to place the sign at this time and expects to apply for permits in 6-8 weeks. The sign is requested to be place 10' front the front property line and will be followed, at the October Council meeting, with a request for a variance to allow placement of a sales trailer or building. In discussion Mr. Leon Cohen, representing the developer, indicated that pile driving, once begun, will take approximately 6-7 weeks and the hope is to have this completed prior to the onset of the winter season. After further discussion, a motion was offered by Mr. Taplin and seconded by Mrs. Stern to approve this request subject to the following conditions: that the sign be place 30' front the front line, that the sign be constructed in accordance with the rendering submitted to the Council - 32' x 8' triangular, that the bottom of the sign be placed not more than 3' or 4' from the ground, that the front shrubbery be removed/trimmed, that the sign be landscaped and maintained by the developer, that the sign not be lighted, that an application for construction permits be submitted within 60 days (or the sign be removed), and that the sign be designated a "building project" sign. There being no further discussion the motion carried unanimously (5-0). Reports and Recommendations - Sea View vs. Bal Harbour Park: Mr. McDowell reported that a settlement has been reached in this suit and that this settlement will be filed with the courts in the near future. Mr. Cohen added that the settlement is 88 monetary and that the funds will be held in escrow until the buildfng is begun. Gala Bal Harbour: Mrs. Miller announced that plans for the Gala fashion show are moving ahead. Written confirmations have been requested from the designers. The Village's portion of the costs will be defrayed through the encumbrance of $25,000 from the FY 86/87 budget and funds from the 87/88 budget. Ludovici and Orange: Mrs. Miller informed the Council of the expenditure of some $3,200 to the Village engineers, Ludovici and Orange. The firm will be performing an impact study on the modification of the Surfside pump station. Expenses will be borne by account 402.535.313. Greenside Up: Mrs. Miller requested approval of the expenditure of $7,226.75 from account 001.541.525 to Greenside tip. This will provide for the landscaping of Bal Cross Drive. Mr. Blank requested that this approval be delayed as he felt this price is in excess. After some discussion, it was agreed that as Greenside Up is the low bidder, the contract should be awarded. However, if any Council member is aware of a firm doing work at reasonable prices, they will be added to the vendor list in the future. A motion was then offered by Mr. Taplin and seconded by Mrs. Stern to approve this expenditure to Greenside Up. The motion carried unanimously (5-0). Arthur Andersen: Mrs. Miller then requested approval of the Village's agreement with Arthur Andersen & Co. for completion of the 1986/87 Village audit. The cost will not exceed $24,000 and will be distributed to the following accounts: 001.513.320, 401.533.320, 402.535.320, and 101.552.320. A motion to approve this expenditure was offered by Mr. Blank and seconded by Mrs. Stern. There being no further discussion the motion carried unanimously (5-0). Other Business: Mr. Sidney Feldman, 9801 Collins Avenue, requested the Council's assistance with provision of additional cleaning of the bus bench located in front of the Sheraton. By early evening the area is dirty - discarded newspapers, etc. Mrs. Miller agreed to address this matter. Additionally, Mr. Feldman inquired as to how long the gas repairs would be continuing along Collins Avenue. He noted that the barricades were disrupting traffic. Mrs. Miller agreed to look in the matter and respond to Mr. Feldman. Mr. John Bruno, 50 Park Drive, expressed concern about dark smoke coming from the ocean front area in the early morning. Chief Baquero explained that this is steam emitted when the Sheraton starts their boilers in the morning. Mrs. Miller reported that the Village had been successful in the pursuit of a library grant from the Community Service Trust Fund. The grant, in the amount of $6,000, will be used for purchase of large -type texts, etc. Mrs. Miller noted that most garbage user fees have been paid 89 - with only 11% unpaid at this time. Most of these are exceptional circumstances. Mrs. Miller reminded those present that the deadline for compliance with the Village's smoke detector ordinance is 10/1/87. As of this date, only 3 of 11 properties have complied. Mayor Olsen requested reminder notices be sent. Mr. Bruno reported related an incident with the police department that had recently resulted in a great deal of confusion. An elderly woman in his building, who lived alone, had fallen and broken her hip and was transported to a local hospital. As no one in the building knew of the accident, they became concerned after not seeing her in several days. He requested that in such a circumstance the police notify someone in the building. There being no further business a motion was offered by Mr. Boggess and seconded by Mr. Taplin to adjourn the meeting. The motion carried and the meeting adjourned at 11:05 a.m. ATTEST: datoo illage Clerk