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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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