HomeMy Public PortalAbout1992-12-15 Regular MeetingM I NC'I1,r
kE1,1 LAG I. 1.1N(i - 1)I Cl,NIICr n9..!
The regular meeting of the Bat Harbour Village Council was
held on Tuesday. December 15. 1992 in the council Chamber at Hai
Harbour Village Hall. The meeting was called to order at 4:00 p.m.
by Mayor Stern. The roll was called and those present were:
Also present:
Mayor i. telfc Stein
Assistant Mayor Andrew R. Hirschi
councilman 'Matthew B. Blank
councilman James F Boggess
,'ounctlmau Sol M. Taptin
carole Shyronsc Mni rim,. Vi I lage Mani er
Jeanette Horton. Village Clerk
Richard J. Meiss. Village Attorney
As a quorum was determined to he present, the meeting
commenced.
�. ,pijoval _oi_Minutes! Councilman Runk requested the
minutes be corrected, fourth paragraphon pane 5, reti:ds that Mr.
Gomez questioned the Village .Attorney. A motion was offered by
Councilman Boggess and seconded by Councilman Blank to approve the
minutes of the November 17. 1992 Regular Meeting as corrected.
There being no further corrections or additions thereto. the ❑otiot:
carried unanimously, and the minutes were approved as corrected.
3. Presentation:.:
Officer of the Month - Sony
4. Publ i_c_Healing; None
<ndinance --_Seocond Read_in.g/PublicHearin_ None
a. Ordinance - first Reading: ?Done
7. Resolutions:
A3__.:1i1YeSktsi_ng. Se.rn_i�es ,Agreement;
A Resolution was read, by title, by the Village Clerk approving the
Advertising Services Agreement between Greenstone Roberts
Advertising/Florida and Bal Barbour Village. Mrs. Morris explained
that at the last meeting, the Council voted to confirm the
recommendation of the Resort Tax Committee and award the
advertising contract to Greenstone Roberts Advertising/Florida.
She further stated that following that meeting, a copy of the
contract that had been previously drafted by our Village Attorney
was provided to Greenstone Roberts. This contract was returned
with three amendments which dealt with payment of invoices,
provided for the barter arrangement and indemnification paragraph.
Mrs. Morris explained that the agreement stated that once the
Resort Tax Committee approved the language for advertisements in
the event litigation ensued. the Village would indemnity the agency
and hold Gieenstone Roberts harmless. Pars. Morris Further stated
she has checked with the greater Miami Convention and Visitor,
Bureau and the indemnification clause is standard practice in the
industry Mr. Weiss stated that when he originally drafted this
contract he put in a very favorable indemnity provision that
protected the Village. He further stated that it is not illegal oi
improper for the Council to accept Greenstone Roberts'
indemnification clause, it is ,lust different. and therefore
protection to the Village is leas. Mr. Weiss continued to explain
that it places the liability on the Village for the content of the
advertising copy and the Village comes into the position of
indemnifying and defending the agency in the case of a lawsuit.
Councilman Blank questioned since the Village would hold the agency
harmless. should Council check the copy!! Mrs. Morris replied the
Resort Tax Committee does approve all copy. She further stated
that she has suggested to Mr. Weiss that after the t'ommittec`-
apptoval of the advertising cop) that he review the copy as wet:.
Mr. Weiss agreed. stating this would minima e the c,po-ur.°.
Councilman Blank asked for claiiiica•ion under Sec! ion 3.i tee:-
Mr. Weiss explained that the barter tie will not he pad
titlace. but by the people participating in the Barter. Mr. We:ss,
stated he will add the language. " not entitled Le: add.tioua.
compensation from the Village for alrang rng barter sertices...
Councilman Taplin questioned who the h;irter would be arranged with.
)I.. etinnors of Gieenstonc Roserrs replied the hotels and the l;;il
Harbour Nhops.
\motion to adopt this
and seconded by ! ourrc i
was its tol lows: Mayo
t:ouncilma11 Blank aye:
ave. thus becoming
Resolution was :rf f:•rcti PY t ounci inan liot_css
iman Tapiin. The motion carried and the cote
Stern ace: Assi,t.int M,i or Htr•,chl a}c�
councilman Boggess .aye: councilman Taplin
RESOLUTION NO. 4"3
R.ESOL;JT I OV Cif B.AI HAkLOi R V I LI AGi, APPNOV l NG
THE ADVERTISING SFRVlcES .AGRLTMl,NI ill-TWt_FN
GREF:NSTONI, RUHLRTS .ADA'F;R'ISING/I Lei tD.A AND
] AL HARBOI k VILLAGE: AUTHORIZING 1NNE(`lr l ON
BY THE '.: i t L.AGE_ MANAGE R AND U FtU\ 1 D I NG AN
UFFECTIVk PAIL.
B. Collectiv-. Bargaining agreement_
Mrs. Morris. stated that she has received a letter from Dade County
Police Benevolent Association requesting that this item be
postponed until a later date. She further explained that thert
appears to be some misunderstanding between the Police Benevolent
.Association Attorney and their Union Representatives.
S, Reports and Recommendations:
Regular C'ouncit ML<_ 12/15/92
156
Mayor and Council
councilman Boggess questioned if everyone received a rate increase
from Moldcoast Cablevision and if the Village nas any recourse.
Councilman Blank stated he handled the contract eight rears ago to:
the Balmoral. After five years into that contract. the Balmoral
was offered 6100,00e its drop the option. He further stated that
eight months ago, he renegotiated the con tact for 2.; channeK at
a Lost of 66.00 per apartment for up to three television sets pen
apartment. This contract is for a period of ten years. Ir the
Council desires. he will try to negotiate a bulk rate contract for
the Pillage. Assistant Mayor Hirsch! stated that it is n good
thought. and another :rood option would be to install several
satellite dishes on Village property. golden Beach or another
municipality has looked into this. and the upstart cost is :,U.50
per taxpayer on the roll. Mr-.. Morris stated that Bay Halite'
Islands as recently as a few months ago looked into this issue.
She wi I t contact the 'Town Manazer tmd request her to check the ri lc:
and sec what information They uncolereci.
Mayor Stern stated that Mrs. Morris has received a request that a
Committee be formes' in reference to the rats_ increases on the Froad
Causeway. Mrs. MOMS stated that she received t call from Village
resident Herb Davis and he requested Council consider appointing a
Committee to look into this matter. councilman Taplin stated tna'
is the established rate.
B. Vi i 1_a;,e Attorney
Councilman Blank referred to the minutes or November I", 1992, pace
2. which states per Section 21-55 of the hal Harbour Village
Code.that if a protect is filed against zt variance tt would take
four votes of the Council for the variance to be granted. As wet]
as, the question if the Taal Harbour .hop is within the 3-5 feet.
Mr. Weiss replied thar since this item was, not on this month'
agenda he would respond when all parties, are present.
c. Village Mann_gers:
I. Munispott Project - Status Report By Holland and
kt1 i ent .
Mrs. Morris staled she received a letter from Sam Poole wh'cn
outlined where they are and what actions they think need to he
taken by the Council. A Public Hearing was held on December .
1992 the meeting lasting until 2:00 a.m. and our experts did
testify. We were successful in getting a number of safeguards
built into the ordinance. Mr. Poole wilt :appear before the council
at the Special meeting on Thursday December I' 1992. Mrs. Morris,
distributed a ltilL2r site received from ijr. Poole whteh outlined the
recommendations of a course of action to be takers be Rai hal-Boni
Pillage.
Re!at council Mtg. I_1/1.7/92
councilman Blank questioned the costs expended to date. M. s.
Morris replied the Village has not been Invoiced as af ihis 'tare.
She stated that Mr. Poole has advised that the allocation ci
$20.000 made by the Council at their iast meeting will be ample ro
continue as outlined until the end of the year. Councilman B:ank
stated it is important that the two members of the council that
were not present at the December 3. 1992 Special Meeting be award
of what. transpired. Be proceeded to explain that Mr. Poole
requested an additional S20,000 to last until the end of the year.
Councilman Blank stated that in his opinton the cost to fight the
.Amphitheater will be $100,000. Assistant .'Mayor Hirsch] stated that
funds allocated will be funds well spent and that currently the
Pillage has not allocated anywhere near $100,000. He further
stated until more information is available no speculations should
be made. Councilman Taplin stated that if nothing else other than
enclosing the amphitheater was agreed to, it was well worth the
monies that were spent.
Authorization to Proceed with Purchase: Vehicle
Service Equipment Corporation, $3.295.
Mrs. Morris stated that this purchase would he for a freon recovery
unit and associated operator training. She further explained that
this purchase and training are necessitated by the Clean :fir Actand
would allow the Village to continue maintenance of vehicles air
conditioning systems in-house, precipitating a long_ term cost
savings to the Village.
A motion to approve this expenditure was offered by Councilman
Taplin and seconded by Councilman Boggess. The motion carried. and
the vote was as follows: Mayor Stern aye: Assistant Mayor Hirsch!
aye: Councilman Blank aye: Councilman Boggess aye: Councilman
Taplin aye.
3. Approval - Employee Performance Bonus Recommendations
Mrs. Morris stated that $25.000 is provided in the current budget
and an additional .$4,000 from fines. The proposed schedule total
is S26.112 which is well within the budget. Assistant Mayor
Hirsch] questioned if she had reviewed the evaluations. Mrs.
Morris replied yes and that she was very pleased with the comments
that were made by Department Heads.
A motion to approve the Performance Bonus Schedule as presented
was offered by Councilman Blank and seconded by Councilman Boggess.
The motion carried with the vote as follows: Mayor Stern aye:
Assistant Mayor Hirsch' aye: Councilman Blank aye: Councilman
Boggess aye: Councilman Taplin aye.
4. Special Master :Appointments
Regular Council Mtg. '2/15/91]
MIs. Moi s stated inasmuch as the i.resent term^, Est .!„
Masters will expire, Da.icee Siegel and Ben Oremland hate agreed tp
serve another year. therefore at this, time she requesting the
Council to approte re -;appointment.
A motion to re -appoint Dulcet. Siegel and Lien oremland as
Masters was offered by Councilman Boggess and seconded by Ass an
Mayor Hirschl. The motion carried, with the tote as to;lows: Matti
Stern ave: Assistant Mayor Hirsch) aye: Councilman Blank aye:
Councilman Boggess aye: Councilman Taplin aye.
U. Other_Business: Councilman Blank read a letter he received
from Dr. Rees and from Rabbi I.ipskar in reference to the Bai
Harbour election date being changed. Mr. Weiss explained this
matter will be voted on at the special meeting December 17. Ut9:.
10. Adjourn: There being no further business to come iaeforc
the Council, to motion was offered by Councilman Boggess anal
secundud by councilman Tapiin to ,adjourn. The motion carrier!
unanimously 15-0t. and the meeting adjourned at 4:5e p.m.
\t test :
aeanelte Horton. CMt:/AAL
Village Clerk
/jh
i:egular Council Mtn. l'/15/u:
/.
Macor Estelle Stern
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