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HomeMy Public PortalAbout1988-09-20 Regular Meeting166 COUNCIL MINUTES SEPTEMBER 20, 1988 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, September 20, 1988 in the Bal Harbour Village Hall. The meeting was called to order by Mayor Richard H. Olsen at 9:30 a.m. and the roll was called. Those present were: Mayor Richard H. Olsen Asst. Mayor Estelle Stern Councilman Matthew B. Blank Councilman James E. Boggess Absent: 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: A motion to waive the reading and to approve the minutes of the July 19, 1988 Regular Meeting as submitted was offered by Mr. Boggess and seconded by Mr. Blank. There being no changes or corrections the motion carried unanimously (4-0). A motion to waive the reading and to approve the minutes of the September 6, 1988 Workshop Meeting as submitted was offered by Mrs. Stern and seconded by Mr. Blank. There being no changes or corrections the motion carried unanimously (4-0). Finally, a motion to waive the reading and to approve the minutes of the September 6, 1988 Budget Hearing as submitted was offered by Mrs. Stern and seconded by Mr. Boggess. There being no changes or corrections the motion carried unanimously (4-0). III. Presentations: None. IV. Public Hearing/Board of Equalization: Mayor Olsen then noted that the Council, sitting as the Board of Equalization, was opening a public hearing relative to the residential security district assessment roll for 1988/89. Mayor Olsen noted that the assessment would remain $495 annually. As no one desired to speak, the public hearing was closed.l V. Ordinances - Second Reading: An ordinance was presented for second reading approving establishment of water and sewer rates by resolution was read by title by the Clerk. A public hearing on the ordinance and, as no one desired to speak, closed. 1Resolution No. 366, approving the assessment roll was adopted later in this meeting. 167 A motion to enact this ordinance was offered by Mr. Boggess and seconded by Mrs. Stern. There being no further discussion the motion carried unanimously (4-0) thus becoming ORDINANCE NO. 319 ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTION 21-1(a), 21-2(a), AND 21-4 OF THE BAL HARBOUR VILLAGE CODE TO PROVIDE THAT WATER RATES, WATER METER DEPOSITS AND WATER TAPPING CHARGES SHALL BE SET BY RESOLUTION OF THE VILLAGE COUNCIL; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. An ordinance was presented for second reading approving the General Fund budget for 1988/89 and read by the Clerk. A public hearing on the ordinance and, as no one desired to speak, closed. A motion to approve the ordinance was offered by Mrs. Stern and seconded by Mr. Blank. There being no further discussion the motion carried unanimously (4-0) and the ordinance was adopted. ORDINANCE NO. 320 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE PERIOD OF OCTOBER 1, 1988 TO SEPTEMBER 30, 1989 IN THE AMOUNT OF $3,393,112; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. An ordinance was presented for second reading approving the Water Department budget for 1988/89 and read by the Clerk. A public hearing on the ordinance and, as no one desired to speak, closed. A motion to approve the ordinance was offered by Mr. Blank and seconded by Mr. Boggess. There being no further discussion the motion carried unanimously (4-0) and the ordinance was adopted. ORDINANCE NO. 321 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE WATER DEPARTMENT FOR THE PERIOD OF OCTOBER 1, 1988 TO SEPTEMBER 30, 1989 IN THE AMOUNT OF $615,053; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. An ordinance was presented for second reading approving the Sanitary Sewer Department budget for 1988/89 and read by the Clerk. A public hearing on the ordinance and, as no one desired to speak, closed. A motion to approve the ordinance was offered by Mr. Boggess and seconded by Mrs. Stern. There being no further discussion the motion carried unanimously (4-0) and the ordinance was adopted. ORDINANCE NO. 322 September 20, 1988 - Regular Meeting 168 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE SANITARY SEWER DEPARTMENT FOR THE PERIOD OF OCTOBER 1, 1988 TO SEPTEMBER 30, 1989 IN THE AMOUNT OF $816,597; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. An ordinance was presented for second reading approving the Department of Tourism budget for 1988/89 and read by the Clerk. A public hearing on the ordinance. Mr. John Bruno, 50 Park Drive, inquired as to salaries included in this budget. Mayor Olsen responded that the only salaries reflected are beach maintenance staff. As no one else desired to speak, the public hearing was closed. A motion to approve the ordinance was offered by Mrs. Stern and seconded by Mr. Blank. There being no further discussion the motion carried unanimously (4-0) and the ordinance was adopted. ORDINANCE NO. 323 ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE DEPARTMENT OF TOURISM FOR THE PERIOD OF OCTOBER 1, 1988 TO SEPTEMBER 30, 1989 IN THE AMOUNT OF $1,024,000; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. An emergency ordinance was presented and read by the Clerk. This ordinance provides for transfer of funds between general fund accounts in order to balance the 1987/88 budget. A public hearing on the ordinance and, as no one desired to speak, closed. A motion to approve the ordinance was offered by Mrs. Stern and seconded by Mr. Blank. There being no further discussion the motion carried unanimously (4-0) and the ordinance was adopted. ORDINANCE NO. 324 AN EMERGENCY ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA TRANSFERRING FUNDS WITHIN THE GENERAL FUND BUDGET FOR 1987-88. V. Ordinances - First Reading: None. VI. Resolutions - Public Hearing: A resolution was presented approving the assessment roll 1988/89 for the residential security district and read by the Clerk. A public hearing on the assessment roll had been held earlier in the meeting. A motion to approve the resolution was offered by Mr. Boggess and seconded by Mrs. Stern. There being no further discussion the motion carried unanimously (4-0) and the resolution was adopted. RESOLUTION NO. 366 RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING AN September 20, 1988 - Regular Meeting 169 ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A resolution was presented establishing water rates and read by the Clerk. A public hearing on the water rates was opened and, as no one desired to speak, closed. A motion to approve the resolution was offered by Mr. Boggess and seconded by Mrs. Stern. There being no further discussion the motion carried unanimously (4-0) and the resolution was adopted. RESOLUTION NO. 367 RESOLUTION OF BAL HARBOUR VILLAGE SETTING WATER RATES; PROVIDING FOR AN EFFECTIVE DATE. A resolution was presented establishing sewer rates and read by the Clerk. A public hearing on the sewer rates was opened and closed. A motion to approve the resolution was offered by Mr. Boggess and seconded by Mrs. Stern. There being no further discussion the motion carried unanimously (4-0) and the resolution was adopted. RESOLUTION NO. 368 RESOLUTION OF BAL HARBOUR VILLAGE SETTING SEWER RATES; PROVIDING FOR AN EFFECTIVE DATE. A resolution was presented endorsing Valerie Hickey -Patton for the Florida League of Cities' "E. Harris Drew Award." A motion to approve the resolution was offered by Mrs. Stern and seconded by Mr. Blank. There being no further discussion the motion carried unanimously (4-0) and the resolution was adopted. RESOLUTION NO. 369 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA URGING THE FLORIDA LEAGUE OF CITIES, INC. TO NOMINATE VALERIE HICKEY-PATTON AS THE RECIPIENT FOR THE 1988 "E. HARRIS DREW AWARD". A resolution was presented authorizing execution of an agreement with Candid Productions for production of "The Superstars" in Bal Harbour was read by the Clerk. Mr. Weiss reported that he had reviewed the agreement and that legally it is in tact, however, it may not be most advantageous to the Village. Mayor Olsen reported that a new producer has been assigned to the project and that they have a meeting scheduled for later in the month. A motion was offered by Mr. Blank to table consideration of this resolution until following that meeting and seconded by Mr. Boggess. The motion carried unanimously and the resolution will be scheduled for the October agenda. September 20, 1988 - Regular Meeting 170 VII. Reports and Recommendations - Mayor and Council: Mrs. Morris inquired as to the Council's preference relative to scheduling of meetings to enact the Harland Bartholomew zoning amendments. It was decided that consideration of this ordinance will be postponed until the Bal Harbour Tower project is topped - probably sometime in December. Mayor Olsen briefly recapped the problems encountered by Dr. Paul Chaplin, 108 Bal Bay Drive in obtaining a building permit for construction of a pool. It has been the Village's policy to require that pools in the waterfront residential areas be place on pilings. Dr. Chaplin explained that he had appealed this rejection to the Board of Rules and Appeals. Mr. Desharnais explained that his concern, as Building Official, is the tying of the seawall - a public element - to a private property. Mr. Weiss, noting the complexity of this matter suggested it be deferred to the next meeting. After some further discussion it was agreed that both parties would meet with the Village's consulting engineer in an attempt to render an amicable solution and report back at the special meeting slated for Saturday the 24th. VII. Reports and Recommendations - Village Attorney: Mr. Weiss reported that a letter has been received from an attorney, representing Louise K. Miller, seeking severance pay and lost benefits. He noted that the Village's liability, should we pursue this matter may amount to $12,000 plus legal fees for Mrs. Miller in the event that we are unsuccessful. Mayor Olsen noted that Mrs. Miller had been paid through the July 21st expiration date of her contract. VII. Reports and Recommendations - Village Manager: Mrs. Morris reported that, in accordance with Mayor Olsen's request, a proposal has been received from George Winterling to design lighting for the Collins Avenue median. Funds for this project are available from the Resort Tax fund, however, as yet we have not been able to verify adequate electric. Mr. Boggess expressed some concern over the condition of the landscaping. Mrs. Morris responded that in the opinion of our landscape architect, Bill O'Leary, the need is to clean up the low level ground cover - the larger plants are intact. Mrs. Morris reported that our sewer grant application is still pending. Hopefully, this issue will be resolved at the October Environmental Regulatory Commission meeting. Finally, Mrs. Morris advised that we are negotiating with Miami -Dade Water and Sewer Authority in an attempt to have the asset and administrative charges relative to the 30" line being installed through Bay Harbor Islands lifted. A proposal has been received from Bay Harbor engineer Carl Petersen to represent the Village in this matter. After some discussion, the Council September 20, 1988 - Regular Meeting 171 agreed that the Village Manager will represent us in this matter. VIII. Other Business: Mayor Olsen inquired as to the Council's preference should the Greater Miami Convention and Visitors Bureau require us to contribute $175,000 in order to remain a signatory of the Interlocal Agreement. Council agreed that in that instance, we would simply enroll as a member. Mr. Bob Maute, 9800 Collins Avenue, reported that someone is posting flyers is the bus bays. He requested that these be removed. IX. Adjourn: There being no further business to come before the Council, a motion to adjourn was offered by Mr. Stern and seconded by Mr. Boggess. The meeting adjourned at 11:25 a.m. Ma ATTEST: Village Clerk September 20, 1988 - Regular Meeting