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.
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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
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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).
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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
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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
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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