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HomeMy Public PortalAbout1986-09-30 Regular MeetingCOUNCIL MINUTES SEPTEMBER 30, 1986 The regular monthly meeting of the Bal Harbour Village Council was held in Village Hall on Tuesday, September 30, 1986 at 9:30 A.M. The meeting was called to order by Mayor John S. Sherman and the roll was called. Those present were: Also present: Councilwoman Estelle Antiles Councilman George Laikin Councilman Burt McKeehan Mayor John S. Sherman Asst. Mayor Sol Taplin Acting Village Manager John F. Kelly Village Attorney Richard J. Weiss Village Clerk Mary T. Wetterer Deputy Village Clerk Carole S. Morris Approval of Minutes: A motion was made by Mrs. Antiles and seconded by Mr. Laikin to approve the minutes of the August 26, 1986 regular meeting, September 4, 1986 budget hearing, and September 11, 1986 budget hearing as written. The motion carried unanimously. Presentations: Mayor Sherman then recognized Police Chief Robert Baquero. Baquero then proceeded to introduce Officer James Cooper. Officer Cooper is recognized as the August 1986 Officer of the Month. Chief Baquero explained that Cooper received the award for the professionalism demonstrated by Cooper during the month of August. Cooper, through diligent work, was able to make several arrests and clear cases pending in other areas as well as Bal Harbour. Security District: As a large number of residents were present to speak on this matter, it was taken out of agenda order. Mayor Sherman briefly re- capped the history of the security district and noted that residents were welcome to speak, and opened the public hearing with a 3 minute time limit. Mr. Vincent Santucci, President of the Bal Harbour Civic Association, noted that residents of the Village wished to keep the security system intact. He pre- sented cost figures as to the difference in costs for 24 hour ($65,000) versus 12 hour ($32,000) security or approximately 48F per day. Mr. Santucci con- cluded noting that 80% of the Village residents wanted security service. Mr. Stuart Gates, of 35 Bal Bay Drive, also spoke in favor of 24 hour security, noting that it made property and condominiums more saleable. Chief Baquero explained that it is difficult to evaluate the performance of the security district but noted that Bal Harbour enjoys a low burglary rate. Chief Baquero likened the security to an insurance policy. Mr. David Trapp of 284 Bal Bay Drive, also spoke in favor of 24 hour security. Others speakers in favor of 24 hour security included: Pat Vignola, 203 Bal Bay Drive; Dr. Andrew Hirschl, 176 Bal Bay Drive; Mr and Mrs. Jeff Crippen, 162 Bal Bay Drive; Marty Logan, 115 Camden Dr.; Mr. Albert Zinn, 175 Bal Cross Drive. Acting Manager John Kelly explained the structure of the security district and announced that the assessment for 24 hour security would be $495 per building for the year. Mr. Santucci and Dr. Hirschl also outlined changes being considered within the district, such as the in- stallation of another automatic gate arm at the Collins Avenue entrance and that gate cards and remote controls would be distributed through Village Hall. Mr. Bill Gavigan spoke against the security district and the basis on which it was established (the original petition). He added that he had not yet determined whether or not he would appeal the court's recent decision against him on this issue. September 30, 1986 Mr. John Bruno also spoke against the district. The public hearing was then closed. A motion was made by Mr. McKeehan and seconded by Mrs. Antiles to pass the security district resolution, establishing the district for another year and setting the method of assessment. The motion carried unanimously becoming Resolution 316 RESOLUTION OF BAL HARBOUR VILLAGE TERMINATING A SPECIAL TAXING DISTRICT FOR SECURITY PURPOSES AS CREATED BY RESOLUTION 303; CREATING A SPECIAL TAXING DISTRICT FOR THE PURPOSE OF ASSESSING CERTAIN LOTS FOR THE COST OF PROVIDING A SECURITY PROGRAM WITHIN THE DISTRICT; DESIGNATING THE LOTS UPON WHICH ASSESSMENTS SHALL BF 11'VT"D; PROVIDING A DESCRIPTION OF THE SECURITY PROGRAM; ESTABLISHING TI.i. INITIALSTIMATED COST; APPROVING AN AGREEMENT FOR ADMINIS- TRATION OF SERVICES; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND PRO- VIDING FOR THE PREPARATION AND PUBLICATION OF THE INITIAL AND EACH ANNUAL ASSESSMENT ROLL. Liquor Law - Changes in Hours: After the security district resolution was passed the meeting adjourned briefly. Upon reconvening, Village Attorney Weiss read a proposed ordinance, changing hours for liquor sales, in full. A public hearing on the ordinance was opened. As no one desired to speak the public hearing was closed and a motion was made by Asst. Mayor Taplin to adopt the ordinance upon second reading. The motion was seconded by Mr. McKeehan and carried unopposed and the ordinance became Ordinance 286 ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA AMENDING SECTION 4-10 (b) OF THE BAL HARBOUR VILLAGE CODE TO AUTHORIZE NIGHTCLUBS TO SELL OR OFFER FOR SALE, OR DELIVER, SERVE OR PERMIT TO BE CONSUMED ON THE PREMISES LIQUOR, BEER OR WINE ON SUNDAY AFTER 11:00 A.M.; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. Utility Tax: Village Attorney Weiss read, in full, a proposed ordinance for second reading which would impose a utility tax. The public hearing was then opened and Mr. Sidney Feldman of the Balmoral expressed opposition to the tax stating that he would prefer to pay a higher millage rate rather than an additional tax. Mr. Kelly explained that the feeling of the Village administration that this tax represents a more equitable manner of raising the needed revenues. The public hearing was then closed. A motion to adopt the ordinance was made by Asst. Mayor Sol Taplin and seconded by Mrs. Antiles. The motion carried and an ordinance entitled Ordinance 287 ORDINANCE OF BAL HARBOUR VILLAGE LEVYING A PUBLIC UTILITY TAX ON THE PURCHASE OF ELECTRICITY, METERED OR BOTTLED GAS (NATURAL, LIQUIFIED PETROLEUM OR MANUFACTURED), AND LOCAL TELEPHONE SERVICE WITHIN THE VILLAGE; PROVIDING DEFINITIONS; PROVIDING A METHOD OF IMPLEMENTATION; PROVIDING EXEMPTIONS; PRO- VIDING DUTIES OF SELLERS AND PURCHASERS; PROVIDING FOR REMITTANCE OF TAX TO VILLAGE; PROVIDING FOR ESTABLISHMENT AND MAINTENANCE OF RECORDS BY SELLER; PROVIDING FOR REPORTS OF DELIVERIES FOR RESALE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. was adopted. Architectural Review Board: Village Attorney Weiss then presented an ordinance for second reading which would establish an architectural review board. Mr. Weiss read the ordinance in full. The ordinance creates a five member board encompassing the following: Village Manager, Building Official, two members of the beautification committee, and one person with an archi- tectural interest or experience. The public hearing was opened and closed September 30, 1986 as no one wished to speak on this matter. Mr. McKeehan made a motion, seconded by Mrs. Antiles to adopt the ordinance. The motion carried unopposed and the following was adopted: Ordinance 288 ORDINANCE OF BAL HARBOUR VILLAGE CREATING AN ARCHITECTURAL REVIEW BOARD; APPOINTING MEMBERS; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING POWERS AND DUTIES OF THE BOARD; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. Sewer Rates - Set by Resolution: Village Attorney Weiss then presented for second reading an ordinance to allow sewer rates to be set by resolution. Mr. Weiss read the ordinance in full. The public hearing was opened, and as no one desired to speak, closed. A motion was made by Mr. Laskin to adopt the ordinance and seconded by Mr. Taplin. The motion carried unopposed becoming Ordinance 289 ORDINANCE AMENDING SECTION 21-1 (b) OF THE CODE OF BAL HARBOUR VILLAGE, FLORIDA PROVIDING FOR A METHOD OF ADJUSTING SEWAGE DISPOSAL RATES; PROVIDING THAT THE VILLAGE COUNCIL SHALL SET SEWAGE DISPOSAL RATES BY RESOLUTION AFTER A PUBLIC HEARING.PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Establishing Solid Waste Rates: Mayor Sherman prefaced this topic by recapping the recent events concerning the Dade League of Cities and the County's Resource Recovery plant. Rates charged to the Village by the County have increased each of the last several years - further increases are ex- pected. Establishment of a separate charge for garbage service would lead to a more equitable assessment of costs, as heavy users would pay the bulk of the costs. Deputy Clerk Carole Morris then read the proposed ordinance in full. A public hearing on this matter was then opened and closed as no one wished to speak. A motion was made by Mr. McKeehan and seconded by Mr. Taplin to adopt the ordinance on second reading. The motion carried unanimously and the ordinance became Ordinance 290 ORDINANCE OF BAL HARBOUR VILLAGE LEVYING FEES FOR SOLID WASTE COLLECTION TO BE SET BY RESOLUTION AFTER PUBLIC HEARING; PROVIDING DEFINITIONS; PRO- VIDING CATEGORIES OF FEES; PROVIDING FOR A LIEN ON PROPERTY FOR DELINQUENT FEES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Second Reading - Zoning Ordinance Changes: Out of consideration for the lengtE of the meeting, this item was postponed for consideration at the October Council meeting. The item will be readvertised and placed on the October ngenda. Smoke Detection Systems - Amending Ordinance 275; Mayor Sherman intro- duced John Pistorino of Pistorino and Alam, the engineer retained by the village regarding this matter. Mr. Pistorino explained that he had reviewed the smoke detection ordinances relating to both the condominium/apartments and the public lodging establishments and would address them separately. With respect to the ordinance affecting condominium/apartment buildings, Mr. Pistorino expressed the feeling that the costs of compliance with the ordi- ance were not exorbitant. He felt that each building should be evaluated September 30, 1986 independently by a fire consultant as to proper placement of transmitters. He noted that the wireless systems were not yet UL (Underwriter Laboratories) approved but that he expected that this approval was imminent. With re- spect to the ordinance affecting public lodging establishments, he noted that they must comply with state regulations and that any system installed must be NFPA approved. If the wireless systems were not approved, hotels would have to install hardwire systems in order to comply with the state law. As such, he recommended that the village ordinance be amended to follow the state requirements. Condominiums are under no requirement that their systems be NFPA approved and a wiretless system would meet the ordinance requirements. The Mayor then opened the meeting to a public hearing so that all present could join in the discussion. Mr. Sidney Feldman of the Balmoral inquired as to how to find a reputable consultant. Mr. Feldman further ex- pressed his concerns that wireless systems are not yet UL approved and that prior to installing such a costly system, such approval is desired - both he and his condominium boardof directors desire to install only the best of such systems within their building. Mr. Bob Maute stated he feels installaion of transmitters in common areas and janitors' closets to be of primary im- portance as many fires begin there. Asst. Mayor Taplin stated that he feels the current ordinance to be a good one and that there will always be new and better equipment available but protection now is the issue. After some further discussion on the matter, the public hearing was closed. Mrs. Antiles offered' a motion amending the ordinance changing the effective date of t' :,moke detection requirement for condominiums and apartments to reflect an October 1, 1.987 effective date. This motion was seconded by Ahr. McKeehan. The question was called and all votes were cast in favor of the amendment except for Asst. Mayor Taplin who voted again% the postponed effective date. Mrs. Antiles then made a motion that the amended ordinance be adopted on second reading. Mr. McKeehan seconded the motion. The motion was called for a vote and the amended ordi- nance was adopted with only Asst. Mayor Taplin dissenting, thus becoming Ordinance 291 ORDINANCE OF BAL HARBOUR VILLAGE AMENDING ORDINANCE NO. 275 TO EXTEND THE DATE OF COMPLIANCE TO OCTOBER 1, 1987. PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. Mr. Pistorino agreed to supply the village with a list of recommended consultants. Upon receipt, the list will be made available to any and interested parties. Mr. Roger James, of the Sheraton Bal Harbour, spoke for the hotel owners present. Mr. James explained that the hotels agree with the intent of the village's ordinance but would request that the village regulations conform to state regulations for public lodging establishments. The Village Attorney was directed by the Council to prepare an ordinance rescinding ordinance 278 which required public lodging establishments to install smoke detection systems. The ordinance should be ready for the October Council meeting. -Frildiletatainances-:-Village Attorney Weiss read the proposed ordinance adopting a General Fund Budget for fiscal year 1986-87. As this was a second reading, a public hearing on the ordinance was opened. As no one desired to comment, the public hearing was closed. Mr. Taplin made a motion to adopt the ordinance and the motion was seconded by Mrs. Antiles. The question was called and the ordinance was unanimously adopted, 4-0 (Mr. McKeehan had left the room during the reading of the ordinance and was absent for the vote). September 30, 1986 Ordinance 292 AN ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE PERIOD OCTOBER 1, 1986 TO SEPTEMBER 30, 1987 IN THE AMOUNT OF $2,951,761; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. The Village Attorney then read an ordinance adopting a Water Fund Budget for fiscal year 1986-87. A public hearing on the ordinance was opened and closed as no one wished to speak. A motion to adopt the ordinance on second reading was offered by Mrs. Antiles and seconded by Mr. Taplin. The motion carried unopposed, 4-0 (with Mr. McKeehan still absent) and became Ordinance 293 AN ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE WATER DEPART- MENT FOR THE PERIOD OCTOBER 1, 1986, TO SEPTEMBER 30, 1987, IN THE AMOUNT OF $513,865; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. Mr. Weiss offered an ordinance for second reading adopting a budget for the Sanitary Sewer Fund for fiscal year 1986-87. Mr. Weiss read the ordinance in full. A public hearing on the ordinance was opened and closed with no comments being received. A motion was made by Mrs. Antiles and seconded by Mr. Taplin. The motion carried 5-0 (Mr. McKeehan returned as the ordinance was read) and became Ordinance 294 AN ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE SANITARY SEWER DEPARTMENT FOR THE PERIOD OCTOBER 1, 1986 TO SEPTEMBER 30, 1987, IN THE AMOUNT OF $403,872; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. Mr. Weiss then presented an ordinance for second reading adopting a Tourism Fund Budget. The ordinance was read in full. by Mr. Weiss. A public hearing on the matter was then opened, as there were no comments, the public hearing was closed. Mrs. Antiles made a motion to approve the ordinance, the motion was seconded by Mr. McKeehan. The motion carried 4-0 (Mr. Laikin left as the ordinance was read) and became Ordinance 295 AN ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR THE DEPARTMENT OF TOURISM FOR THE PERIOD OCTOBER 1, 1986 TO SEPTEMBER 30, 1987, IN TIIE AMOUNT OF $ 2,053,384; AUTHORIZING EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE. Mr. Weiss then read an emergency ordinance amending the General Fund Budget. A public hearing was opened and closed with no comments offered. Mr. Taplin made a motion, seconded by Mrs. Antiles, to adopt the ordinance. The motion carried 4-0, with Mr. Laikin absent and thus Ordinance 296 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE GENERAL FUND BUDGET IN THE AMOUNT OF $81,000 FOR 1985-86 was adopted. _?,oning..ordinance_ First Reading: As the hour was drawing late, Council agrees: Jo iiodi:polie 'ailiidefgficrdr1s ordinance to the October meeting. Sewer Rate Resolution: A resolution establishing new sewer rates was presentee'. .", public hearing regarding the rates was opened and closed with no comments offered. A motion was made by Mr. McKeehan and seconded by Mrs. Antiles to adopt the resolution. The motion carried unopposed (5-0, Mr. Laikin returned during the reading of the ordinance) and September 30, 1986 Resolution 317 RESOLUTION OF BAL HARBOUR VILLAGE SETTING SEWER RATES; PROVIDING FOR AN EFFECTIVE DATE was adopted. Solid Waste Rate Resolution: A resolution establishing rates for solid waste disposal was presented. A public hearing was opened to obtain comments on the rates. As no one wished to speak the public hearing was closed. Mr. Taplin offered a motion to adopt the resolution. Mrs. Antiles seconded the motion and the question was called. The motion carried unanimously and Resolution 318 RESOLUTION OF BAL HARBOUR VILLAGE SETTING SOLID WASTE COLLECTION FEE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE was adopted. geSalULiQn_aQRreving_28A_Agreemeni: A resolution was then presented approving The agreement between the PBA and Bal Harbour Village. A motion to adopt the resolution was offered by Mr. McKeehan and seconded by Mrs. Antiles. The motion carried with all votes in favor and Resolution 319 RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC. AND THE VILLAGE OF BAL HARBOUR; AUTHORIZING EXECUTION BY THE VILLAGE MANAGER AND PROVIDING AN EFFECTIVE DATE was passed. geports and ReQgmmendatiQnfll Mayor Sherman explained that a suggestion to utilize a different sand on the jogging path had been received from Mr. Taplin. This suggestion would precipitate a substantial cost savings. The alternate sand would be tested on a 100 ft. strip and if acceptable would be utilized for the entire jogging path. Mayor Sherman noted that Betty Carver had retired recently and read a letter from Miss Carver thanking the Council for the .lovely retirnent gift (a camera). Mr. Weiss then briefly summarized the retitgnent agreement made between the Village and Miss Carver. A motion to approve the agreement was made by Mr. Laikin and seconded by Mrs. Antiles. The motion carried unanimously. Acting Village Manager John Kelly requested that the Council approve two expenditures. The first expenditure being $6,500 for the purchase of a new phAocopier for use in Village Hall. The second expenditure being for purchase of ballasts for the light poles along Collins Avenue, approximately $11,300. A motion was made by Mrs. Antiles and seconded by Mr. Laikin to approve these two expenditures. The motion carried unanimously. Both items had been included in the budget. Mayor Sherman then recognized retiring Village Clerk Mary Thiel Wetterer. Miss Wetterer has served as Clerk for the Village for 40 years, since the Village's incorporation. Mayor Sherman then introduced Deputy Clerk Carole Morris, who, with the Council's unanimousapproval, assumed the responsibil- ities as Village Clerk. Miss Wetterer then administered the oath of office to Mrs. Morris. September 30, 1986 As there was no further business to consider, the Council meeting then adjourned at 12:25 P.M. Attest: I cif oc illage Clerk September 30, 1986