HomeMy Public PortalAbout1987-02-24 Regular Meeting22
COUNCIL MINUTES
FEBRUARY 24, 1987
The regular monthly meeting of the Bal Harbour Village
Council was held on Tuesday, February 24, 1987, at the Village
Hall. The meeting was called to order at 9:30 a.m. by Mayor John
S. Sherman and the roll was called. Those present were:
Mayor John S. Sherman
Councilwoman Estelle Antiles
Councilman George Laikin
Councilman C. B. "Burt" McKeehan
Tardy: Asst. Mayor Sol Taplin
Also present: Louise K. Miller, Village Manager
Richard J. Weiss, Village Attorney
Carole S. Morris, Village Clerk
Approval of the Minutes: A motion was offered by Mrs.
Antiles to waive the reading of the January 27, 1987 regular
meeting and the February 10, 1987 workshop meeting and accept the
minutes as submitted. This motion was seconded by Mr. Laikin.
There being no changes or corrections, the motion carried
unanimously (4-0).
Presentation - Officer of the Month: Mayor Sherman read a
memo from Police Chief Robert Baquero naming Officer James Cooper
as Officer of the Month for January. Officer Cooper's
investigative skills and persistence were illustrated in his
diligent investigation of a crime committed in the Village which
led to closing of several cases in the County, as well as in Bal
Harbour. Mayor Sherman congratulated Officer Cooper and
presented him with a check in the amount of $100 from the Village
as recognition of this achievement. Lt. Victor Valladares also
presented Mr. Cooper with a certificate recognizing him as
Officer of the Month.
Ordinances - Second Reading/Public Hearing: An ordinance
increasing the parking meter charge at the north municipal
parking lot (Baker's Haulover) was read, by title, by the Village
Clerk. Mayor Sherman explained that the low cost of these meters
currently was leading to the increase of undesirable persons in
the Village. Mayor Sherman opened the public hearing on this
ordinance and, as there were no comments, closed the public
hearing. A motion was offered by Mrs. Antiles to enact this
ordinance and seconded by Mr. McKeehan. There being no
discussion, the motion carried unanimously (4-0) becoming
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ORDINANCE 302
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTION 19-4
OF THE BAL HARBOUR VILLAGE CODE TO CHANGE THE PARKING
METER RATE AT LOT NUMBER 3, UNDER BAKER'S HAULOVER BRIDGE,
FROM TWO HOURS FOR $0.25 TO ONE HOUR FOR $0.25; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE
DATE.
The Village Clerk then read, by title, an ordinance which
would place prohibitions on certain lump sum pension payments.
Mayor Sherman reminded the Council of the need for this
ordinance, noting the large lump sum settlements incurred
recently. He reminded the Council that the purpose of a pension
fund is to do just that, provide a pension. Mayor Sherman then
opened the public hearing on this ordinance. As there were no
comments, the public hearing was closed. A motion was offered by
Mr. McKeehan that this ordinance be enacted and seconded by Mrs.
Antiles. There being no discussion, the motion carried
unanimously (4-0) becoming
ORDINANCE 303
ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA
AMENDING SECTION 13-18(8) OF THE BAL HARBOUR VILLAGE
CODE TO PROHIBIT LUMP SUM PAYMENTS OVER $3,500 TO
EMPLOYEES HIRED AFTER JANUARY 25, 1985; AMENDING
SECTION 13-26(1), 13-26(4), AND 13-29(8) OF THE BAL
HARBOUR VILLAGE CODE TO ALLOW EXCESS PORTIONS
ATTRIBUTABLE TO VILLAGE CONTRIBUTIONS TO BE
RETURNED TO THE VILLAGE; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
An ordinance was then read, by title, by the Village Clerk
which would repeal the Village's existing identification card
law. Mayor Sherman noted that private services are available
which can perform this function for residents, at a fee, if they
so desire. Information as to these vendors can be obtained from
the Police Department. Mrs. Miller also noted that this
ordinance is being submitted as a "housekeeping" function, since
such laws are now illegal. Mayor Sherman opened the public
hearing on this ordinance and as there were no comments, closed
the public hearing. A motion to enact this ordinance was offered
by Mr. McKeehan and seconded by Mrs. Antiles. There being no
discussion, the motion carried unanimously (4-0) becoming
ORDINANCE 304
ORDINANCE OF BAL HARBOUR VILLAGE REPEALING SECTION
12-25 OF THE BAL HARBOUR VILLAGE CODE WHICH PROVIDED
FOR REGISTRATION OF EMPLOYEES; PROVIDING FOR
SEVERABILITY,INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
An ordinance was then presented that would make the Village
the exclusive agent authorized to collect solid waste in the
municipality. Mrs. Miller explained that the purpose of this
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ordinance is to ensure that garbage pick-up within the Village is
continued at our high standard, without loss of control as to
frequency and quality of pick-ups which could result in numerous
health hazards. Mr. McKeehan called on the Village
administration to review the current rate structure for solid
waste fees. Finance Officer John Kelly noted that such a review
is in progress and that a new rate proposal would be offered with
the upcoming budget. Mayor Sherman then opened the public hearing
on this ordinance. Mr. John Bruno, 50 Park Drive, stated that he
would like to work with a committee in review of this rate
structure. Mr. Bob Maute, 9800 Collins Avenue, expressed doubts
in the legality of such a restriction. Further, Mr. Maute voiced
problems with trash collection that are occurring to west -side
apartment owners. Specifically, he noted that since the closing
of the security district, residents of the west side are unable
to utilize the residential disposal area and are not provided
with regular trash pick-up. Mrs. Miller indicated that she is
reviewing this problem and hopes to provide an adequate solution
in the near future. Public Works Director Bob Wheldon explained
that the closing of the disposal area to west -side apartment
owners occurred as a result of gardeners using the Village
facility to dispose of waste from other areas. Any new provision
for disposal would have to address this problem. As there was no
further discussion, Mayor Sherman closed the public hearing and
requested the Village Clerk read this ordinance, by title. A
motion was offered by Mrs. Antiles to enact this ordinance and
was seconded by Mr. Laikin. There being no further discussion,
the motion carried unanimously (Mr. Taplin arrived during the
public hearing on this ordinance, 5-0) becoming
ORDINANCE 305
ORDINANCE OF BAL HARBOUR VILLAGE PROVIDING EXCLUSIVE
SOLID WASTE COLLECTION BY THE VILLAGE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
Ordinances - First Reading: Mayor Sherman distributed
copies of an ordinance for first reading which would place
certain requirements upon developers and contractors aimed at
assuring that the plaque of unfinished buildings standing idle
would not occur in the Village. Building Official George
Desharnais explained that provisions do exist in the South
Florida Building Code for removal of idle construction as unsafe
structures. However, the procedure is extremely time-consuming.
Mr. Weiss noted that this ordinance is aimed at avoiding this
type of proceeding. Moreover, it provides certain assurances to
the Village that the funding to complete the construction project
does exist, prior to the construction. Mr. Ralph Cades, 10155
Collins Avenue, and Chairman of the Beautification Committee,
urged Council to enact such an ordinance. Mr. Sidney Feldman,
9801 Collins Avenue, also spoke on this ordinance - noting Wall
Street Journal reports of a failed development in the Ocala area
- and his desire to see that this does not occur in the Village.
Mayor Sherman also read to the Council letters from several area
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bank officers noting the importance of such a requirement,
especially in view of the high number of incomplete buildings in
south Florida. Mrs. Miller suggested that the ordinance be
amended such that this will apply to all new construction. A
motion was offered by Mr. Taplin to enact this ordinance and
seconded by Mr. McKeehan. There being no discussion, the motion
carried unanimously (5-0) becoming
ORDINANCE CREATING SECTION 7-10.1 OF THE BAL HARBOUR
VILLAGE CODE; REQUIRING THAT PRIOR TO THE ISSUANCE OF
A BUILDING PERMIT, APPLICANTS MUST SUPPLY THE VILLAGE
WITH EITHER A COMPLETION BOND OR A BANK OR INSURANCE
COMPANY GUARANTEE INSURING THE COMPLETION OF THE
PROPOSED BUILDING; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE.*
Additionally, Mr. Weiss was requested to prepare an
ordinance for the next meeting amending the South Florida
Building Code such that unsafe structure/removal proceedings may
begin after a building has stood unmanned for a period of 90,
rather than 180 days.
Resolutions: The Village Manager requested the Council
adopt a resolution authorizing one signature only on checks up to
$2,500. This would be the same as the purchasing limit adopted
in a recent charter amendment. A motion was offered by Mrs.
Antiles to adopt this resolution and seconded by Mr. Laikin.
There being no discussion, the motion carried unanimously (5-0)
becoming
RESOLUTION 327
RESOLUTION OF BAL HARBOUR VILLAGE REQUIRING ONE
AUTHORIZED SIGNATURE ON CHECKS NOT GREATER THAN
$2,500; PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Miller then requested that the Council approve a
resolution authorizing her to execute an agreement with the State
Department of Community Affairs. This agreement would allow the
Village to receive funding to help defray costs associated with
revisions to the comprehensive plan. No matching funds are
required. A motion was offered by Mrs. Antiles to adopt this
resolution and seconded by Mr. McKeehan. There being no
discussion, the motion carried unanimously (5-0) becoming
RESOLUTION 328
RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN ORDER
TO RECEIVE FUNDS UNDER THE LOCAL GOVERNMENT COMPRE-
HENSIVE PLANNING ASSISTANCE PROGRAM; PROVIDING FOR
AN EFFECTIVE DATE.
Mrs. Miller presented a resolution authorizing her to enter
into an agreement with Strovne Brothers for maintenance of
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parking meters. Mrs. Miller introduced Mr. Stroyne. This
agreement is aimed at achieving better maintenance of meters
without removing public works employees from other assignments.
Additionally, this agreement should provide better maintenance
and increase collections. A motion was offered by Mr. McKeehan
to adopt this resolution and seconded by Mr. Taplin. There being
no discussion, the motion carried unanimously (5-0) becoming
RESOLUTION 329
RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH STROYNE
BROTHERS FOR MAINTENANCE OF VILLAGE PARKING METERS;
PROVIDING FOR AN EFFECTIVE DATE.
Reports and Recommendations: Mayor Sherman introduced
Eleanor Miller who, with the approval of the Resort Tax
Committee, has been retained as the Village's new Public
Relations Director. Mrs. (E.) Miller has been actively involved
in the planning of the Village's Beautification/Birthday
celebration and is involved in retaining either a television show
origination or a gala fashion event for Bal Harbour. Mrs. (E.)
Miller replaces Al Wolfe & Associates, our previous agent, and
will be paid similarly, $3,000 monthly (as provided for in the
budget). The Council welcomed Mrs. (E.) Miller to the staff.
Mayor Sherman noted that election notices have been posted
and a Council election will occur on April 7 1987, at the
Church -By -The -Sea. Absentee ballots and candidate information
are available from the Village Clerk.
Mr. Weiss reported that an ordinance restricting golf carts
is being prepared and will be presented at the March Council
meeting.
Mrs. Miller requested Council approve the following items:
purchase of benches and trash cans for the Jogging Path from
Landscape Structures in the amount of $3,779; an emergency sewer
pump repair completed by Lauderdale Services in the amount of
$3,977.28; award of Bid #87-1 for janitorial services to Royal
Services for $16,483.32 annually; and a planning services
agreement with Harland Bartholomew & Associates in the amount of
$3,200 (to review the ocean front zoning code - as per Council
Workshop meeting February 10, 1987). A motion to approve these
items was offered by Mr. Taplin and seconded by Mrs. Antiles.
There being no discussion, the motion carried unanimously (5-0).
As there was no further business to come before the Council,
the meeting adjourned at 11:15 a.m.
ATTEST:
Village Clerk
Mayor
*At the March 31, 1987 Council Meeting, Mr. Taplin requested that
the minutes be amended to reflect that the bonding requirement
would be satisfied by naming the Village as a party to an
existing bank bond - a separate bond -being unnecessary.