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HomeMy Public PortalAbout1989-09-19 Regular MeetingCOUNCIL MINUTES SEPTEMBER 19, 1989 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, September 19, 1989 at 9:30 A.M. in Village Hall. The meeting was called to order by Mayor Estelle Stern. Those present were: Mayor Estelle Stern Asst. Mayor Matthew B. Blank Councilman Sol M. Taplin Councilman James E. Boggess Councilman Andrew R. Hirschl Also Present: Carole S. Morris, Village Manager Richard J. Weiss, Village Attorney Marilyn F. Kreger, Village Clerk 4 Having a quorum present, Mayor Stern called the first item. Item 2. Approval of Minutes. C/M Boggess moved to approve the July 18, 1989 minutes, seconded by C/M Hirschl. Vote Taken: All Voted Aye C/M Taplin moved and Asst. Mayor Blank seconded a motion to approve the July 24, 1989 minutes. Vote Taken: All Voted Aye C/M Boggess moved and C/M Hirschl seconded a motion to approve the September 5, 1989 minutes. Vote Taken: All Voted Aye C/M Taplin moved and Asst. Mayor Blank seconded a motion to approve the September 12, 1989 minutes. Vote Taken: All Voted Aye Item 3. Presentations: Police Chief Baquero stated that neither Corp. Bliem, July Officer of the Month, nor Ofc. Hogue, August Officer of the Month could attend the meeting due to court appearances. However, he presented his statement on their accomplishments. In response to a question from Mr. Bruno, regarding the police department personnel stopping vehicles going in the single family residential area, the Village Manager said she would check into the matter. %L Mayor Stern recognized Joyce Banks who wished to address the Council. Joyce Banks, resident of the Harbour House, identified the problem of seaweed on the beach. Mrs. Morris stated that the seaweed is controlled by the county. The Village is prohibited from removing the seaweed from the beach pursuant to State regulations. Item 4. Public Hearings: A. Board of Equalization Hearing - Assessment Roll 89-1 - Mayor Stern opened this public hearing by stating that the purpose of this hearing to hear complaints, and consider adjustment of assessment roll, relative to the security district assessment roll 89-1. Manager Carole S. Morris explained the procedure followed pursuant to the Village Code. The assessment is the same for everyone and, the hearing was advertised in the newspaper. Owners of vacant lots do not pay a fee. F There being no further questions or comments from the public the hearing was closed. .1 B. Variance Request from Gregory Marshall - 122 Bal Bay Drive, Lot 16, Block 1, Residential District. Mayor Stern opened the public hearing by stating that this is a variance of Appendix A., Section 5-4.E.2 to permit installation of a canvas awning along the north side of the property which would extend more than 36 inches into the side yard. Asst. Mayor Blank stated that he visited the property and determined that should the request be granted, it would make the property that much more attractive. While the variance is for a variance of 6 feet into a 10 setback, Mr. Marshall agreed to a 5 foot variance instead which would extend out no more than the roof parapet. The awning is, removal in case of severe wind or hurricanes. Mayor Stern stated that the purpose of the awning is to cover and protect the walkway between the house and garage in case of inclement weather. Mr. Gregory Marshall, applicant, stated that he applied for permits to install awnings on most of the second floor windows for aesthetics and shade. The awning for which the variance is requested would be installed on the north side of the house connecting the house to the garage for access to the automobiles and laundry facilities in the garage in inclement weather. He added that it would be detrimental to his wife's health to be exposed to the'rain because she has bronchial asthma. He feels this should be taken into consideration. 9/19/89 Reg. Council Mtg. 2. EL Mr. Marshall agreed to reduce the size of the awning to 5 feet and the awnings have been customer colored to match the house which make it indistinguishable from the house. Various alternatives have been fully explored to avoid this variance request, none of which would be successful without considerable reconstruction and expense. He has received no objection from his neighbors. C/M Boggess asked where the original overhang was located. Mr. Marshall showed him a photograph. Mr. Mario Noto, representative of the Civic Association, presented the position of the Association by stating since the Board of Directors does not believe that the variance meets the criteria set forth in the Code and should, therefore, be denied. Discussion followed between the Council and members of the public. Mr. Bruno, resident, expressed opposition to the request. George Desharnais, building official, also expressed his opposition and stated his reasons for same. It has been noted that the Civic Association Board of Directors met on September 2, 1989 at which a quorum was present to vote on it's position. Asst. Mayor Blank moved to approve the request for variance if the applicant agrees to change the request to 5 feet because the request meets the criteria of Section 11-3 of the Code. The motion dies for lack of a second. C/M Boggess moved to deny the variance request because it does not meet the criteria of Section 11-3 of the Code. C/M Taplin seconded the motion. Vote Taken: Aye (Boggess, Taplin, Stern, Hirschl) Nay (Blank) A Resolution, the same being no. 397, will be prepared by the Administration, signed and filed in the official records of the Village. Item 5. Ordinances - Second Reading - Public Hearing Mayor Stern opened the public hearing. The Ordinance was read by title. Carole Morris, Village Manager and the Village Attorney summarized the purpose and content of this ordinance. The public hearing was closed. 9/19/89 Reg. Council Mtg. 3. OL C/M Boggess moved and C/M Hirschl seconded a motion to adopt this ordinance on second and final reading. a Vote Taken: All Voted Aye Ordinance No.336 Passed B Ordinance consolidatio Mayor Stern opened the public hearing and read the title of the ordinance. Mrs. Morris stated that this ordinance has been reviewed and approved by the appropriate state agencies and is now ready for final reading. C/M Boggess moved and Asst. Mayor Blank seconded a motion to approve this ordinance on second and final reading. Vote Taken: All Voted Aye Ordinance No. 337 Passed The public hearing was closed C. Mayor Stern opened the public hearing and read the ordinance by title. C/M Hirschl moved and C/M Boggess seconded a motion to adopt this ordinance on final reading. Vote Taken: All Voted Aye Ordinance No. 338 Passed The public hearing was closed Mayor Stern opened the public hearing and read the ordinance by title. C/M Boggess moved and C/M Taplin seconded a motion to adopt this ordinance on second and final reading. Vote Taken: All Voted Aye Ordinance No. 339 Passed The public hearing was closed. 9/19/89 Reg. Council Mtg. 4. W Mayor Stern opened the public hearing and read the ordinance by title only. Mr. Bruno, resident, asked how much money the Village is budgeting for the Greater Miami Convention and Visitor's Bureau. Mrs. Morris indicated $100,000. pursuant to the recommendation of the Resort Tax Committee. The Council will have the opportunity to discuss the amount at the time the Interlocal Agreement is placed on the agenda for approval. The amount last year was $75,000. C/M Taplin moved and C/M Hirschl seconded a motion to adopt the Water Department budget ordinance on second and final reading. Vote Taken: All Voted Aye Ordinance No. 340 Passed The public hearing was closed F Mayor Stern opened the public hearing and read the ordinance by title. Asst. Mayor Blank moved and C/M Boggess seconded a motion to adopt this ordinance on second and final reading. Vote Taken: All Voted Aye Ordinance No. 341 Passed The public hearing was closed Item #6. Ordinances - First Reading. - A Ordinance amending Section 10-4 of the Code specifying acceptable garbage containers. Mayor Stern opened the ?public hearing and read the ordinance by title. Mrs. Morris stated that the purpose of this ordinance is to bring the size of containers into conformance with what the garbage trucks can handle. The consumers pay for the containers. C/M Taplin moved and Asst. Mayor Blank seconded a motion to approve this ordinance on first reading. Vote Taken: All Voted Aye B. Ordinance amending Section 12-3 of the Code providing for Special permitted landing of helicopters. Mrs. Morris, Village Manager, stated that this ordinance is presented for the purpose of accommodating any dignitaries that 9/19/89 Reg. Council Mtg. 5. Q9 may which to come to the Village by helicopter to attend the Breeders' Cup functions. The roof of the Shops is structurally sound for this purpose; however, no location is specified in the ordinance. And the ordinance does not establish the Village as a heliport. The appropriate federal agencies (FAA and CAB) must give their approval before anything can be done. C/M Boggess moved and C/M Hirschl seconded a motion to approve this ordinance on first reading. Vote Taken: All Voted Aye Item 7. Emergency Ordinance: A. Emergency Ordinance to transfer funds within the Budaet for Fiscal Year 1988/89. The Village Manager explained that this ordinance provides the internal transfers in the General Fund to balance the budget. It does not provide for any additional money. C/M Hirschl moved and Asst. Mayor Blank seconded a motion to adopt this emergency ordinance on first and second reading. Vote Taken: All Voted Aye Ordinance No. 342 Passed (C/M Boggess absent from dais) Item 7. Resolutions. A. Resolution adontina an Assessment Roll for the Securitv District for Fiscal Year 1989/90. C/M Hirschl moved and C/M Taplin seconded a motion to adopt this Resolution. Vote Taken: All Voted Aye Resolution No. 394 Passed B: Resolution appointina certain persons as Deputy Villaae Attorneys. Richard Weiss, Village Attorney, explained that this Resolution makes it official for a member of his law firm to serve the Village as Attorney in his absence. Asst. Mayor Blank moved and C/M Hirschl seconded a motion to adopt this Resolution. Vote Taken: All Voted Aye Resolution No. 395 Passed 9/19/89 Reg. Council Mtg. 6. L9 Mrs. Morris explained that this will allow the Village to have its funds invested in overnight securities that are in accordance with State regulations, fully collateralized and no additional risk. The Village will earn interest on idle funds. John Walker, Finance Director, stated that this procedure is the norm in the private sector and there is no additional work on the part of the staff. A letter has been written with the appropriate State law attached and a response back from Sun Bank indicating the restrictions under which the funds may be invested. C/M Taplin moved and C/M Boggess seconded a motion to approve this Resolution. Vote Taken: All Voted Aye Resolution No. 396 Passed Item 9. Reports and Recommendations A. Mayor and Council - None B. Village Attorney - Mr. Weiss recognized a list of recommendations for Code changes from the Civic Association. Discussion followed on one of the items on the list relating to Code enforcement. The Manager and Attorney will prepare a package illustrating those items which are already in the Code for stepped up enforcement and those items which are not for Council to consider how they wish to handle those. C. Village Manager 1. Gala Bal Harbour - Status Update - The Gala will be a tribute to Martha. Her daughter, Miss Lynn, has secured the appearance of at least seven of the top designers in the world. The charity (the Trauma Center) would benefit approximately $50,000 if ticket prices stay the same as last year and $75,600 if the ticket price is raised (last year's prices were $250/person and $300/ringside). The consensus of Council opinion is that the Village will stands firm with its budgeted amount of $ 103,000. If more is needed to fulfill the wishes of Miss Lynn, either the Shops, Martha's or the increase in ticket prices will have to provide the additional funding. 2. Hope Run - The sponsors are planning a Reggae Band with music to start at 9:00 A.M. to 12 noon outside at the Sheraton on Sunday, March 25, 1990. Asst. Mayor Blank indicated that the residents of the Balmoral will complain about the early hour for the music outside. The Council expressed in favor of this event and entertainment. 9/19/89 Reg. Council Mtg. 7. 3. Founders Circle Dedication - Memorial Marker Design - Mrs. Morris stated that the dedication date is Sunday, January 7, 1990 at 2:30 P.M. Bill O'Leary, architect who designed the area, prepared drawings for Council approval. He designed a small bronze plaque which would be angled and set on a light marble base. C/M Taplin suggested that the base be higher to elevate the plaque for ease of viewing. Mrs. Morris explained how additional names would be added. It was agreed that a line of commentary would be added under the names explaining each person's contribution. Discussion was held regarding the flags being flown at the Circle. Mrs. Morris said she would ask Bob Goodman to present ideas for a flag emblem in order to have a Village flag manufactured to be flown with the American and State flags. In the interim, the international flags will continue to be flown. t 4. Beach Restoration Fund - Mrs. Morris, Village Manager, advised the Council that the fund has reached one million dollars. She stated that the Code is silent as to how to handle funds in excess of one million dollars, so she is seeking guidance from Council as to whether to continue to reserve the third cent of resort tax or put it in the Resort Tax budget for advertising, or any portion thereof. Council agreed to put the funds in a beach reserve fund. 5. Trash Transfer Station - Mrs. Morris stated that she has been working with the Bal Harbour Club to acquire the necessary easements to increase the size of the trash transfer station. The preliminary designs from the engineer are in the office and available. She expects to put the easement agreement on the October agenda. 6. Dade County Recycling Task Force Meeting - The Village has submitted all its necessary, paperwork, so it will continue to receive its $4,000 from the State. The Village is separating the newsprint from the other garbage, however, by 1992 the program will have to be expanded to include all the other substances. Dade County has offered a proposal to all municipalities at a cost of $3.55 per household. The proposal calls for a private contractor to handle all the bins and the pickups - start to finish. The county has not provided estimated costs projected beyond the initial start up. Mrs. Morris expressed apprehension with the proposal. While on the one hand, the county may be able to secure a much more reasonable price from a vendor than the localities, however, they would lose control of the activities in the individual communities. She would like to respond to the County that the Village is interested in seeing more specific information before making a decision. 9/19/89 Reg. Council Mtg. T. 99 7. Approval of Expenditures: a. Christmas Tree refurbishing - This tree is placed within Founders' Circle. The contractor Mrs. Morris is recommending to do this work is Carpenter Decorating at a cost with $5,250. The work has already been done because there would have been a price increase if she waited until after this meeting. Mrs. Morris also wanted to ensure having the tree back in time to put it up on schedule. This company was the low bidder and they agreed to take several pieces of Christmas equipment that has not been used in exchange for an allowance of $350, bringing the actual cost down to $4,900. Asst. Mayor Blank moved and C/M Taplin seconded a motion to accept the low bid and credit from Carpenter Decorating in the total amount of $4,900. Vote Taken: All Voted Aye b. Craig A. Smith - Addendum #4 to Contract - Drainage System Rehabilitation - This is for the purpose of Vreating a master plan and updating the stormwater disposal system. This is the first of a five year plan. Administration will present the subsequent proposals at the appropriate times. C/M Boggess moved and C/M Hirschl seconded a motion to approve this addendum. Vote Taken: All Voted Aye 10. Other Business. Mrs. Morris brought up the item of reconstruction of the dock next to the seawall along Indian Creek. The previous dock had been used by the Quayside Water Bus to bring people to the Shops. The Resort Tax Committee would like to have the dock reconstructed not to exceed 500 sq. ft. There are permitting advantages by limiting the size to that number. The dock could be used not only by Quayside, but the Florida Princess as well. The insurance carrier would require indemnification. The costs could be taken partially from the Resort Tax Fund. Mrs. Morris stated that it is possible to derive docking fees by limiting the size. Mrs. Morris presented the idea of Quayside and Florida Princess being approached to contribute a portion of the costs. The Village could benefit by people coming into the Village would spend money on food and beverages which would increase resort tax proceeds. Discussion was held regarding expanding the project to include a marina. Richard Weiss, Attorney, indicated that the contact business people who would manage a plans and permitting to ongoing management 9/19/89 Reg. Council Mtg. possibility exists to project from initial of a marina 9. from which the Village could derive an income. C/M Taplin stated that the Village should proceed with the 500 sq. ft. dock and investigate the possibility of an expansion. Mayor Stern welcomed the Village Clerk back and all staff members were thanked who participated in doing the Clerk's work in her absence. 11. Adjourn. There being no further business to come before Council, C/M Boggess moved and C/M Hirschl seconded a motion to adjourn at 12 noon. Mayozr 9/19/89 Reg. Council Mtg. 10. 99