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HomeMy Public PortalAbout1987-03-31 Regular Meeting29 COUNCIL MEETING MINUTES MARCH 31, 1987 The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, March 31, 1987 at 9:30 a.m. at the Bal Harbour 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 Asst. Mayor Sol Taplin Councilwoman Estelle Antiles Councilman George Laikin Councilman C. "Burt" McKeehan Also present: Louise K. Miller, Village Manager Richard J. Weiss*, Village Attorney Carole S. Morris, Village Clerk Approval of Minutes: Mr. Taplin requested that the minutes of the February 24, 1987 regular meeting be amended to reflect that in discussion of the ordinance requiring a completion bond for new contruction, he requested the ordinance be written such that naming the Village as a party to a bond would be adequate for compliance. A motion was then offered by Mr. Taplin to approve the minutes with this correction and seconded by Mr. McKeehan. The motion carried unanimously (5-0). Presentations: Length of Service Awards - Police Department: Mayor Sherman and Police Chief Robert Baquero then presented plaques, service ribbons, and rcognition pins to Village police officers who have been employed by the Village for five years or longer. Mrs. Miller announced that general employees would be recognized at a later date. Ordinances - Second Reading: An ordinance requiring the Village to be named as a party to a completion bond was presented for second reading. Mr. Weiss explained that Dade County attorneys are currently reviewing this ordinance to ensure that it will not conflict with the South Florida Building Code. For this reason, Mr. Weiss is requesting that the Council defer second reading to a later date. Dr. Andrew Hirschl, 176 Bal Bay Drive, inquired as to whether or not the proposed ordinance would provide for a timely completion date. Building Official George Desharnais, explained that timely completion of a structure is *Mr. Weiss arrived after the meeting had begun, during the approval of the minutes. 30 addressed by the South Florida Building Code. Mr. Taplin noted that in larger structures, a completion date would have to be stated in the completion bond. Mayor Sherman suggested that a committee be formed to further evaluate this ordinance in terms of its function in relation to the South Florida Building Code. He suggested that this committee should include the Village Manager, Building Official, a representative of the County, and any residents wishing to participate. Council concurred that this would be appropriate and agreed to defer second reading of this ordinance to a later date. Ordinances - First Reading: An ordinance was presented for first reading which would prohibit the operation of golf carts on Village streets. Mrs. Miller explained the urgency of this ordinance as it relates to the safety of Village residents. Additionally there is an implicit question of liability of the Village should someone be seriously injured in an accident involving a golf cart. She called on Police Chief Robert Baquero to elaborate on the problem of operation of golf carts within the Village by minors. Chief Baquero reported that numerous accidents had been narrowly avoided involving this type of vehicle. Further, numerous complaints had been received by residents. Mr. Richard Olsen, 224 Bal Bay Drive, expressed the belief that the proposed ordinance would be unconstitutional. The ordinance would extend public police powers onto private property. Mr. Olsen stated that this issue should be addressed, appropriately, by the Civic Association. Moreover, Mr. Olsen stated that if enacted, he would proceed with litigation to have the ordinance over -turned. Village Attorney, Mr. Weiss, stated that he saw no conflict involving the proposed ordinance. State statute currently prohibits the operation of golf carts on public streets. The proposed ordinance would impose the same restriction and penalties. Mr. Vincent Santucci, 100 Bal Bay Drive, joined with Mr. Olsen in expressing concern over the extension of municipal authority onto private property. Mrs. Elaine Santucci, 100 Bal Bay Drive, expressed concern as to the Civic Association's powers of enforcement, were they to regulate the operation of golf carts. Dr. Andrew Hirschl, 176 Bal Bay Drive, noted that the Civic Association would be having their regular meeting on Saturday, April 4, 1987. He suggested that the Council defer action on this ordinance until after the Civic Association meeting - thus allowing them time to take action regarding operation of the golf carts. Mr. Taplin concurred, stating that if the Civic Association will take the responsibility for controlling the operation of golf carts without the Council's involvement, so be it. A motion was offered by Mr. McKeehan to defer action on this ordinance until the Council's next meeting and seconded by Mrs. Antiles. There being no further discussion the motion carried unanimously (5-0). Reports and Recommendations - Mayor and Council: Mayor Sherman announced that at their last meeting the Resort Tax Committee recommended that the Council approve a contribution of $50,000 towards filming of "The Super Stars" competition in the 31 Village. He called on Mr. John Alden, General Manager of the Sheraton Bal Harbour, to explain the proposal. Mr. Alden stated that the filming would occur 50% in Bal Harbour - primarily at the Sheraton and on the beach. Costs will be defrayed as follows: $50,000 (each) City of Miami, Dade County and Bal Harbour, with an in -kind contribution of food and lodging by the Sheraton Bal Harbour. A contribution, as yet undetermined, will also be made by the Bal Harbour Shops. Mr. McKeehan urged that the nature of the Shops contribution should be resolved post haste. Mr. Taplin, noting that the Resort Tax Committee had recommended in favor of this proposal and that it would be paid for from resort tax proceeds, offered a motion to approve this expenditure. This motion was seconded by Mrs. Antiles. As there was no further discussion the motion carried unanimously (5-0). Reports and Recommendations - Village Manager: Mrs. Miller requested that the Village Council approve the purchase of a roller from McDonald Machinery to be used to maintain the jogging path. The roller is used and can be purchased for $5,000. A new roller of this type would cost approximately $60,000. The Village has been renting a roller for use in maintenance, however, the cost of such rental is approximately $35 hourly and we are at the mercy of the rental firm as to the availability of the equipment. Mr. Taplin expressed concern that the roller would only compact the sand whereas the real problem is the need for an efficient manner in which to remove the sand from the path. Public Works Director Bob Wheldon explained that the only successful method found, thus far, to remove the sand without damaging the surface has been the use of the blowers. Unfortunately this is also extremely time consuming - taking between 4 and 8 hours. Mr. Taplin requested that administration provide for the Council a budget detailing maintenance costs for the jogging path. He further suggested that the administration undertake a study as to the best manner to maintain this path. Mr. James Boggess, 9944 Collins Avenue, noting that the question at this time is the purchase of this roller pointed out that the alternative is to rent the roller. Comparing these two expenses, the roller will pay for itself in a couple of months. A motion was then offered by Mrs. Antiles to approve the purchase of the roller and seconded by Mr. Laikin. As there was no further discussion the motion carried unopposed (5-0). Mrs. Miller then requested the Council consider a purchase request in the amount of $4,208 from Dictaphone for telephone recording equipment to be used in the Police Department. The funds for this purchase are being provided through the Law Enforcement Trust Fund (police confiscated property). Chief Baquero explained that this equipment would provide for recording of calls received by the dispatcher. In the event that a paniced caller might hang-up or be unintelligible, the dispatcher can replay the tape and send appropriate police, fire, or rescue units. A motion was offered by Mr. McKeehan and seconded by Mrs. Antiles to approve this purchase. As there was no discussion the motion carried unopposed (5-0). 32 Mrs. Miller reported that bids for the repairs of the jetty and groins had been opened on March 26, 1987. She requested that Council award Section I - Type A Jetty Repairs to the low bidder, Advanced Construction Systems, at a cost of $152,800. It was recommended that award of the Section II - Repairs to Five Groins portion of the bid be deferred to the next meeting. A motion was offered by Mr. Taplin to award the Section I bid to Advanced Construction Systems and seconded by Mr. McKeehan. There being no discussion, the motion carried unanimously (5-0). Mayor Sherman noted that costs associated with these repairs are being defrayed by the receipt of a $200,000 grant from the Florida Inland Navigation District. Mayor Sherman also noted that the specifications for construction and repair of the jetty and groins were prepared by Henry Von Oesen, the Village's engineer. Mr. Von Oesen is recognized for his excellence in this area. Mrs. Miller noted that the date for compliance with the smoke detector ordinance by high-rise apartments and condominiums is October 1, 1987. As this date approaches the need to provide a revision in this ordinance has become evidence. Currently the ordinance calls for units, commercial areas, and common areas to have detectors which are connected to a central annunciation panel. As a result, cost estimates received have been far higher than anticipated. Consequently, it is being recommended that Council amend the ordinance to exclude common areas from the requirements. Mr. John Pistorino, Pistorino and Alam, the Village's consultant on this issue, confirmed this recommendation and emphasized the need for hazardous areas, i.e. mechanical rooms, store rooms, elevator equipment rooms, to be included. Mr. Pistorino explained that any areas accessible without security, i.e. card rooms, meeting rooms, the lobyy, do not require detection units as they are usually occupied. Mr. Sidney Feldman, 9801 Collins Avenue, spoke on behalf of the Balmoral Condominium Association. Mr. Feldman stated that despite numerous attempts his group had been unable to, as yet, obtain a bid from bidder in whom they had any confidence. Mr. Pistorino explained that systems such as this, should be designed by an engineer who would provide bidding specifications and then evaluate the bids submitted - direct contact of suppliers would most likely not achieve the desired results. After some further discussion, it was suggested that Mr. Pistorino serve as a go- between for the condominiums and apartments and assist them in retaining the services of a competent engineer. This engineer would then proceed with design of a system for the building, preparation of bid documents and evaluation of the bids received. When the bids are submitted to the Village for permits, Mr. Pistorino would assist the Building Official in evaluation of the plans to ensure that they meet the standards prescribed in the ordinance. The Village would absorb the costs of Mr. Pistorino's services and the buildings would pay the engineer that they select. A motion to approve this arrangement was offered by Mr. Taplin and seconded by Mr. McKeehan. There being no discussion 33 the motion carried unopposed (5-0). Mr. Weiss will prepare an ordinance amending the current code accordingly. Mrs. Miller reported that an inequity exists in the amount of legal services the Village is requiring and the retainer currently being paid to the Village Attorney. Consequently, Mr. Weiss is requesting a new working agreement. Mr. Weiss explained that during the last year, the Village has enacted a record number of ordinances - some 16 - many of these were the first ordinances of their type anywhere. As such, a great deal of reserach was required. The new agreement is proposed as follows: the retainer will be $25,000 annually - this will include 50 hours of work each quarter, after these hours are used an hourly rate of $125 per hour will be charged. Attendance at Council meetings will not be included in base 50 hours. Some Council members expressed dismay that this new fee structure would amount to little more than an hourly rate rather than a retainer. Mr. Weiss explained that the purpose of a retainer is two fold, on the one hand to ensure that the municipality will have access to legal aid at a discounted rate and two, to guarantee the legal firm a certain level of income. Mayor Sherman stated that he could not support the proposed rate structure but would support a flat retainer with addtional charges for certain services, i.e. union contract negotiations. After some further discussion, it was agreed that Council should have some time to consider this request and the item was tabled until the next meeting. Mrs. Miller requested the Council schedule a workshop meeting for Friday, April 24, 1987 at 10:00 a.m. The purpose of this meeting would be to hear the report of Malcolm Drummond, representing Harland Bartholomew, on the ocean front zoning. Additionally, Mrs. Miller is requesting Mr. Drummond review the concept of roof -top parking and growth limitation of the Shops. His fee for the workshop meeting will be approximately $1,300, plus the costs for review of parking and the Shops. A motion to schedule the meeting was offered by Mr. Taplin and seconded by Mr. McKeehan. As there was no discussion the motion carried unanimously (5-0). Mrs. Miller reported that a meeting had been held with Village property owners to discuss problems relating to solid waste disposal. As currently, west side apartment owners have no access to the trash bin several alternatives are under consideration. They include distributing gate cards to the managers, creation of another site under the Haulover Bridge, or creating another site near Village Hall. In the interim, the Village will pick-up trash upon request from these buildings. Mr. McKeehan suggested that providing dumpsters for these buildings might be a solution, however, the Village does not have adequate equipment to service these dumpsters. Mr. John Kelly, Finance Officer, reported that at the meeting, imbalances in the current rate schedule had also been discusssed. A number of solutions have been proposed and adjustments in the rate schedule are contemplated for the next fiscal year. Mr. Tom Welstead, 228 34 Bal Bay Drive, expressed the opinion that the Village should either return to including the cost of solid waste disposal to the millage rate or obtain an outside consultant other than Arthur Andersen and Company. Mr. Kelly noted that Tom Bradley, our representative, has excellent qualifications in this field but agreed that another outside consultant might be useful. Mr. Taplin agreed that solid waste might best be included in the millage rate. Mrs. Miller will investigate retaining services of a firm other than Andersen. Other Business: Mr. Richard Olsen, 224 Bal Bay Drive, was recognized. Mr. Olsen proceeded to query Mayor Sherman as to his use of the postage meter for private use and use of the Village office for outside interests. Mayor Sherman forcefully denied any improprieties. He stated that the Village had been reimbursed for all postal expenses and that since objections had been voiced, the meter would not be used again. Further he read from Section 6 of the Village Charter which names the Mayor as chief executive. Mayor Sherman then left the Council chamber, thus adjourning the meeting without benefit of a motion by Council. The meeting adjourned at 1:10 p.m. ATTEST: illage Clerk Ma or