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