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.
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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
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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