HomeMy Public PortalAbout1985-06-25 MeetingCOUNCIL MINUTES
June 25, 1985
The Council of Bal Harbour Village met Tuesday, June 25, 1985 at 9:30 A.M.
in the Village Hall.
Present: Mrs. Antiles and Messrs. Laikin, McKeehan, Sherman and Taplin.
Also present were John Kelly, Acting Manager, Mary Wetterer, Village Clerk;
and Alan Gold, Village Attorney.
On motion of Mrs. Antiles, seconded by Mr. Taplin, and voted the minutes
of May 28, 1985 were approved as submitted.
Mayor Sherman said that it was brought to his attention that Bal Harbour
residents, Mr, and Mrs. C. Wesley Ebling were celebrating their 68th Wedding
Anniversary. He said that they were unable to be present today because of the
weather. Mr. Sherman read a Proclamation in their honor and said that the plaque
would be given to them.
Mr. Risso, of Kruse, O'Connor and Ling, Pension actuaries, explained the
proposed amendments to the pension plan to conform with IRS regulations. Some
of the provisions are factors for lump sum benefits, no mandatory retirement
at age 70, new interest rates based on the published Pension Benefit Guarantee
Corporation rate, guaranted lump sums for those employed before January 29, 1985,
maximum yearly benefits, increasing interest payments on employees' contributions
to 5%. (Mr. Laikin arrived at this time) Mr. Gold read the proposed ordinance
by title only for the first reading. On motion of Mr. Taplin, seconded by Mr.
McKeehan and unanimously voted the ordinance was passed on first reading.
Mr. Kelly explained that the village's agreement with the former Manager,
Fred Maley, stipulated that he would receive Three Dollars for every One Dollar
contributed until his lump sum distribution would equal that amount. His
lump sum benefit amounts to $45,860.20, and he has requested payment of that
amount, plus the village share to equal the amount of $98,628.00. It was moved
by Mr. McKeehan, seconded by Mrs. Antiles and unanimously voted to pay Mr. Maley
the lump sum.
Mr. Sherman said that the Civic Association had requested the Village to
take over the security gate and guard house at the entrances to the residential
section of the village. Mr. Gold explained that this would require an amend-
ment to the Village Code and read
Ordinance No. 264
providing for assessments for security purposes. It was moved by Mrs. Antiles,
seconded by Mr. McKeehan and unanimously voted that the ordinance be passed.
Mr. Kelly explained the approximate cost to the residents and said question-
aires were sent to the residents to ascertain their requirements. Since that
time a late appointment to the Mayor's committee, Mr. William Gavigan said he
did not think the Mayor's questionaire had enough information. Mr. Gold advised
that the village should send Mr. Gavigan's questionaire. Mr. Sherman said there
have been some responses to the first mailing.
Mr. Sherman and Mr. Ralph Cades, Chairman of the Beautification Committee
said that the committee met with Mr. O'Leary, our landscape architect, and decided
June 25, 1985
that the light poles on Collins Avenue and 96th Street should be painted a beige
color to blend with the bus shelters and other street furniture. Mr. Sherman
said the cost would be approximately $18,000 and be paid by one half from the
General Funnand one-half from Tourism. Bids were received ranging from $16,000
to $28,000 for the job. It was moved by Mr. Taplin, seconded by Mr. McKeehan
and unanimously voted to sign the contract for $16,000.
Mr. Gold said he had been working on the Bal-Mar Realty and Balmoral suit.
A Complaint for Injunctive Relief has been filed and since that time he has
been in contact with one of the principals of Bal Mar Realty. He said he is
also working with Balmoral owners. Mr. Gold said he would like the license
ordinance amended to exclude such firms as real estate offices and the like in
the oceanfront district. Also to be considered are businesses run from apart-
ments. Mr. Gold said he is trying to reach a solution without further litigation.
The Injunction should stipulate that the Bal-Mar clients would be from the Bal-
moral only and the lease will not be renewed on its expiration. It was moved
by Mrs. Antiles, seconded by Mr. Taplin and unanimously voted that Mr. Gold
be authorized to engage in discussions with the Balmoral and Bal-Mar Realty
to arrive at a solution.
Mr. O'Leary said he had checked bids for replanting the hedges on Collins
Avenue and the low bidder was Select Landscaping Company for $32,000. This will
include all of the work on the east side of Collins Avenue, replacing the pine hedges
at the Sheraton and Sal Harbour Club with 7' silver buttonwoods and the balance of
properties except the Singapore, with 3' plants. The council thought the hedge in
front of the Singapore should also be replaced. Also 140 pidgeon plums have been
planted and 8 more needed. Mr. O'Leary said he is pleased with the trees planted,
which are wind and salt tolerant. He said that the trees should be left to grow
for one year before shaping them. The council discussed the lighting on Collins
Avenue and Mr. O'Leary suggested the name of George Winterling for a study.
Mr. O'Leary said that the village should also install a new walkway in the area
north of the Sun Bank. It was moved by Mr. Taplin, seconded by Mrs. Antiles and
unanimously voted to sign a contract with Select Landscaping Company for the hedges
in the amount of $32,000.
Mayor Sherman said that at the meeting last month Chief Rosier of the Metro
Fire Departmtnet had supported the idea of having hot wired smoke detectors in
the high rise apartments. Captain Gaines, from the fire protection unit in
North Dade, appeared to discuss this subject and advise on a back-up system
that was being shown to the council. He explained that the system, Wireless
Early Warning System marketed by Mr. Phillip Barrett, was not approved for a
primary system. Mr. Sherman said the idea of passing an ordinance requiring
hot-wired systems was discussed last month and Alan Gold advised that if the
cost is unreasonable to the properties involved that we could not pass such
an ordinance. Mr. Desharnais, Village Building Inspector, said that to hot-wire
present buildingswould be between $400 - $500 per unit. Mr. Barrett explained
his system which has been used for six years and demonstrated its features of
pinpointing the actual location of a fire. He said his installation would cost
approximately $253 per unit. Mr. Taplin suggested that a meeting be held with
hotel and apartment representatives and Mr. Barrett should hold a demonstration
for them. It was decided that a letter would be sent to the people involved,
including the literature on the system inviting them to a demonstration meeting.
Captain Gaines explained the definition of the fireworks under the Dade
County code and the provisions governing those licensed for setting them off.
Mr. Gold suggested that the village talk with the Club and hotels asking for
voluntary compliance. Mr. Sherman said that we want an ordinance. It was
June 25, 1985
moved by Mrs. Antiles, seconded by Mr. McKeehan and voted that the Club and
Oceanfront properties be contacted and asked to comply with the Dade County
regulation and that an ordinance be prepared for the future.
Mr. Desharnais told the council that he had received bid estimates for
the three Entrance signs ranging from $40,000 to $60,000. Mr. Kelly said Mr.
Gart Urban is saying that the engineering done by Ludivici and Orange is chang-
ing his signs, however Mr. Desharnais said the engineering did not change
the design. Mr. Kelly said he would speak to Mr. Urban. It was moved by
Mr. Taplin, seconded by Mr. McKeehan and unanimously voted that the village
go out for formal bids on the signs.
Mr. Desharnais reported that the Public Works building is 99.9% com-
plete, and within 1% of the budget estimate. The landscape plan is being
done and there will be trees for screening in three islands. The stand-by
generator was left out and he feels we should have it. It was moved by
Mr. McKeehan, seconded by Mrs. Antiles and unanimously voted that Mr. Desharnais
get bids on a generator.
Mr. Kelly said that there are some gaps in the insurance coverage for
officials liability. Mr. McKeehan said he had worked on this type of in-
surance. It was suggested that Mr. Kelly and Mr. McKeehan discuss this and
see about getting bids.
Mayor Sherman said that originally officials of the Dade County Criminal
Justice School were going to be used to interview candidates for Chief of Police.
Mr. Gold said that under Section 19 of the Village Charter the Village Manager
must make the appointment. Mr. Kelly said he would recommend Robert Baquero
as Chief of Police and would negotiate his salary.
Mr. Kelly said thathe and the council held ten interviews for the position
of Manager by telephone or in person. It was their opinion that Louise K. Miller
be recommended for the position of Village Manager. It was moved by Mr. Taplin,
seconded by Mr. McKeehan and unanimously voted that Mrs. Miller be appointed
Village Manager.
Mr. Sherman said he would like to have bicycle riding prohibited on the
sidewalks. Mr. Gold said that Coral Gables is also trying to do the same thing.
In his opinion we cannot do this without being in conflict with the State Law.
He suggested that the police enforce orderly riding. Mr. Sherman said what
if the State offers to restripe the road to allow a bicycle lane. Mr. Gold
said that he believes the State Law still applies.
Mr. Gold said he had reviewed the Village policy of issuing civilian identi-
fication cards. There is no State Act in Florida that requests the F.B. I. to
classify the prints. There is criminal information furnished by the State. He
said whether or not to issue I.D. cards is up to the Village. Chief Baquero
stated that the State information is not good enough as most of the applicants
are from out of State. If only Security personnel are printed the cost would
be nominal to have the prints classfied and checked. He recommends doing away
with the I.D. cards. Mr. Taplin and Mr. Laikin said they want to keep the
system and everyone must be included. Mr. Taplin moved, seconded by Mr. Laikin,
and unanimously voted that the ordinance be amended to charge $5.00 for a three
year card.
Mr. Desharnais said Bal Harbour does not have a lot density regulation,
only set -backs or a height limitation on two stories. Also the situation of
walls needs looking into. The council suggested that he take this up with the
Village Manager.
June 25, 1985
Mr. Kelly said that Metro -Dade County wants to discuss the financing of
the new water line to come from the mainland, but suggested it be held until
next month.
Mr. Sherman said that Bal Harbour Shops wants the village to set a Hearing
Date to discuss changing their entrance. Mr. Kelly suggested it be deferred
until Nobvember or December. Mr. Gold said it is proper to defer, but on the
other hand reasonable due process must be given. Mrs. Higgins of the Fairfield
Manor said they would like the hearing in January. Mr. Sherman said he had
approached Mr. Davis, representative for the Bal Harbour Shops regarding the
use of a turn -around which was agreed to by the Fairfield Manor and Mr. Whitman
seemed receptive. The Balmoral had also agreed to the plan proposed by the
village planners. Mr. Sherman said another meeting was held with Mr. Whitman
and the manager of Neiman-Marcus who said the comprise plan was unacceptable
to them. It was moved by Mr. McKeehan, seconded by Mrs. Antiles and unani-
mously voted to set the Public Hearing for the proposed change to the Bal
Harbour Shops entrance at the January meeting.
Mr. Kelly said with the falling interest rates with local institutions
a better rate of return can now be obtained from deposits in the State of
Florida Investment pool. To join the pool required a Resolution by the Council.
It was moved by Mrs. Antiles, seconded by Mr. McKeehan and unanimously voted
that Bal Harbour join the State Investment pool.
On motion of Mr. Mckeehan, seconded by Mr. Taplin and voted the meeting
was adjourned at 12:20 P.M.
4 '��T l ��,tGC'�E/-
Attest:
Village Clerk
June 25, 1985
Mayer
COUNCIL MINUTES
August 13, 1985
The Council of Bal Harbour Village met Tuesday, August 13, 1985, at 9:30
A. M. in the Village Hall.
Present: Mrs. Antiles and Messrs. Laikin, McKeehan, Sherman and Taplin
Also present were Louise Miller, Village Manager; Mary Wetterer, Village
Clerk; Alan Gold, Village Attorney; and John Kelly, Finance Director.
On motion of Mrs. Antiles, seconded by Mr. Laikin and voted the minutes
of the previous meeting of June 25, 1985 were approved as submitted.
Mr. Gold read the proposed pension amendment ordinance in full, adding a
section to permit the Village Manager to elect pension coverage under the
ICMA Retirement Corporation, rather than the Village pension plan. Mrs. Milleer
explained that she belongs to the ICMA Plan and the cost to the Village would
be the same. The ICMA Plan allows the participant to carry pension benefits
August 13, 1985