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HomeMy Public PortalAbout1990-11-27 Special Meeting60 COUNCIL MINUTES NOVEMBER 27, 1990 - SPECIAL MEETING A Special Meeting of the Bal Harbour Village Council was held on Tuesday, November 27, 1990 in the Council Chambers at the Village Hall. The meeting was called to order at 5:15 p.m. by Mayor Estelle Stern and the roll was called. Those present were: Mayor Estelle Stern Asst. Mayor Matthew B. Blank Councilman James E. Boggess Absent: Councilman Andrew Hirschl Councilman Sol M. Taplin Also present: Richard J. Weiss, Village Attorney Carole S. Morris, Village Manager Teresa M. Smith, Administrative Assistant As a quorum was determined to be present the meeting commenced. 2. Ordinances - First Reading: An ordinance adopting the Village's new Code Book was read by title by Mrs. Smith. Mayor Stern opened a public hearing on the ordinance and, as no one wished to speak, closed the public hearing. Mr. Weiss and Mrs. Morris detailed the process through which the new Code was prepared and explained features of the new Code book. A motion to enact the ordinance was offered by Mr. Blank and seconded by Mr. Boggess. The motion carried unanimously (3-0) and the ordinance was approved on first reading. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE VILLAGE OF BAL HARBOUR, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. 3. Request for Variance of Working Hours - Sak's Fifth Avenue: Terry Seminara, Assistant General Manager of Operations for Sak's was present to explain their request. Ms. Seminara stated that Sak's is closing their regional distribution center for financial reasons and wishes to be permitted to make freight deliveries to the Bal Harbour store after permitted working hours. Such deliveries would take place at least three (3) nights weekly, usually on Monday through Thursday. Deliveries would be made between 1:00 a.m. and 3:00 a.m. A sample freight drop had been accomplished on Saturday evening, November 21, 1990, with the Village Police Department obtaining no significant increase in noise readings along Park Drive (the abutting residential area). Mr. Boggess expressed concern that such freight deliveries at the 61 proposed hours might cause undue disruption to the residents along Park Drive. Further, he was unsure how the Council could grant such a permit for Saks, which is further away from the residential district, and deny other stores which might make similar requests which might cause increased noise problems for their residential neighbors. The Council expressed a willingness to work with Sak's if such deliveries could be accomplished between 8:00 a.m. and be completed by 11:00 p.m. in the evening. Mr. Weiss explained that the proper procedure to permit such freight deliveries would be for the Council to amend the existing noise ordinance. Ms. Seminara stated that she would relay this information to her corporate office but that she did not anticipate the deliveries could be scheduled for the suggested hours. She was advised to contact the Village Manager's Office if the ordinance change would provide the needed relief. 4. Other Business: Mrs. Morris explained that a bid has been received for Workers Compensation coverage which is less than our current premium. The bid has been submitted by Brian Cottrell through the Governmental Risk Insurance Trust which is operated by the Florida Chamber of Commerce. A motion to authorize the Manager to bind this insurance was offered by Mr. Boggess and seconded by Mr. Blank. The motion carried unopposed (3-0). Mayor Stern related complaints which she has received from a Kenilworth resident regarding garbage trucks prior to approved working hours. The Manager was requested to look into this problem. Mr. Boggess reported that progress appears to be occurring relative to the problem of stray cats on the beach. Mr. Weiss updated that Council as to the status of pending legal matters, i.e. "Over 50 Productions", Sheila Levinson's severance pay request. 5. Other Business: Mayor Stern announced that the next meeting is scheduled for December 11, 1990 at 5:15 p.m. at Village Hall. Second reading of the ordinance relating to adoption of the new Code Book will take place at that time. 6. Adiourn: There being no further business to come before the Council a motion to adjourned the meeting was offered by Mr. Boggess and seconded by Mr. Blank. The meeting adjourned at 6:35 p.m. ATTEST: kit') Village Clerk Mayor