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
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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
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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.
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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.
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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
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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
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- 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