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HomeMy Public PortalAbout1993-12-21 Regular MeetingLoUNC1L MINUTES REGULAR MEETING - DECEMBER 21. 1993 The regular meeting of the Pal Harbour Village Council was held on Tuesday, December 21, 1993. In the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:35 a.m. by Mayor Spiegel. The roll was called and those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Councilman Sol M. Taplin Carole Sherouse Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting. commenced. 2. App_rgval of Minutes__ A motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to approve the minutes of the November 9, 1993 Workshop Meeting. There being no changes or additions, the motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Hirsch' and seconded by Assistant Mayor Blank to approve the minutes of the November 16. 1993. Regular Meeting. There being no changes or additions, the motion carried unanimously (5-0), and the minutes were approved as submitted. 3. Presentations: officer of the Month - officer Raul Martinez_ Chief Treppeda read from his memo, the accomplishments of officer of the Month for November, 1993, Officer Raul Martinez. Chief Treppeda explained officer Martinez was unable to be present to accept this award today. He further stated Officer Martinez will be given a plaque, and a check in the amount of $100 from the Village. Mayor Spiegel stated with the Council's permission would like to go out of agenda order, and hear from John Fletcher at this time. There was no objection from the Council. John_Eletcher=_Amph_itheuter;. Mr. Fletcher addressed the Council, and explained he is the .Attorney representing a number of people concerning the Munisport site. He stated he was asked to appear today and explain where they stand in the litigation. He then proceeded to explain the two lawsuits that were filed. One lawsuit was filed by three citizens of North Miami, which charged that the City was in violation of the City Charter. by not calling Regular Council Meeting 12/21/93 1 for a referendum before awarding a contract to the Performing Arts Management. He further stated a motion was entered on this suit for Summary Judgement by Judge Harold Soloman, in which it was determined citizens of North Miami do not have the right to challenge the City's failure to hold a referendum election. Mr. Fletcher stated he has filed an appeal, on this decision. in the Third District Court of Appeals. He continued to explain the second lawsuit is going to result in two appeals. Mr. Fletcher explained this was a multi count lawsuit. One of which is the Dan Paul's new charter amendment, to the Dade County Charter. in several instances is being violated by this proposal. He proceeded to explain Mr. Paul's amendment to the Council. He then explained the Judge's decision to dismiss, was the citizens of Dade County do not have the right to challenge the County for not holding a referendum. He continued explaining another count was that the City of North Miami violated their Comprehensive Plan. He further explained Judge Soloman entered a Summary Judgement on this issue. Mr. Fletcher stated both of these decisions will be appealed to the Third District Court of Appeals. Mr. Bruno questioned if the Federal Government or the County has any involvement in this land. Mr. Fletcher replied yes, since this property was used for a landfill over a period of many years. He further explained this is a subject of a Federal suit that is being handled by Joe Fleming. Councilman Boggess verified that all three of the issues have rulings against. Mr. Fletcher replied yes, and continued to explain that it was two suits, with the second suit having several counts. Councilman Boggess then questioned if the area was zoned for parks. Mr. Fletcher replied yes, explaining when this land was originally purchased it was zoned for parks. Assistant Mayor Blank questioned Mr. Fletcher in his opinion. does he have a good chance of winning the appeals. Mr.Fletcher replied yes, he feels they will win all three appeals. He continued to explain his reasons for this opinion. Councilman Boggess asked Mr. Fletcher who he is representing at the present time. Mr. Fletcher replied, in the first suit three citizens of North Miami, and in the second suit three citizens of Dade County, of which two are residents of North Miami Beach and one a resident of Bay Harbor Islands. Dr. Hastings questioned in the last suit, what was the argument given by the opposing side in reference to the affidavits given by Dr. Bragdon and Dr. Dunn. Mr. Fletcher replied that in order to support their motion for judgement against his clients, the City of North Miami submitted an affidavit from Dr. Bragdon. He continued to explain. in the affidavit, Dr. Bragdon stated there would absolutely be no impact upon his clients, from a noise standpoint. He further explained, with the help of Mr. Poole, he was able to Regular Council Meeting 12/21/93 for a referendum before awarding a contract to the Performing Arts Management. He further stated a motion was entered on this suit for Summary .Judgement by Judge Harold Soloman. in which it was determined citizens of North Miami do not have the right to challenge the City's failure to hold a referendum election. Mr. Fletcher stated he has filed an appeal, on this decision. in the Third District Court of Appeals. He continued to explain the second lawsuit is going to result in two appeals. Mr. Fletcher explained this was a multi count lawsuit. One of which is the Dan Paul's new charter amendment, to the Dade County Charter. in sevcial instances is being violated by this proposal. He proceeded to explain Mr. Paul's amendment to the Council. He then explained the Judge's decision to dismiss, was the citizens of Dade County do not have the right to challenge the County for not holding a referendum. He continued explaining another count was that the City of North Miami violated their Comprehensive Plan. He further explained Judge Soloman entered a Summary Judgement on this issue. Mr. Fletcher stated both of these decisions will be appealed to the Third District Court of Appeals. Mr. Bruno questioned if the Federal Government or the County has any involvement in this land. Mr. Fletcher replied yes, since this property was used for a landfill over a period of many years. He further explained this is a subject of a Federal suit that is being handled by Joe Fleming. Councilman Boggess verified that all three of the issues have rulings against. Mr. Fletcher replied yes, and continued to explain that it was two suits, with the second suit having several counts. Councilman Boggess then questioned if the area was zoned for parks. Mr. Fletcher replied yes, explaining when this land was originally purchased it was zoned for parks. Assistant Mayor Blank questioned Mr. Fletcher in his opinion, does he have a good chance of winning the appeals. Mr.Fletcher replied yes, he feels they will win all three appeals. He continued to explain his reasons for this opinion. Councilman Boggess asked Mr. Fletcher who he is representing at the present time. Mr. Fletcher replied. in the first suit three citizens of North Miami, and in the second suit three citizens of Dade County, of which two are residents of North Miami Beach and one a resident of Bay Harbor Islands. Dr. Hastings questioned in the last suit, what was the argument given by the opposing side in reference to the affidavits given by Dr. Bragdon and Dr. Dunn. Mr. Fletcher replied that in order to support their motion for judgement against his clients, the City of North Miami submitted an affidavit from Dr. Bragdon. He continued to explain, in the affidavit, Dr. Bragdon stated there would absolutely be no impact upon his clients, from a noise standpoint. He further explained, with the help of Mr. Poole, he was able to Regular Council Meeting 12/21/93 obtain a❑ affidavit from Dr. Dunn. In which Dr. Dunn questioned how Dr. Bragdon reached this conclusion. since the noise study has not gone beyond step three. Mr. Fletcher stated this was pointed out to the Court. But apparently the conclusion, in the Judge's eyes, was the argument made by the city of North Miami was favorable. Assistant Mayor Blank questioned if Dr. Bragdon determined this issue before he consulted with Dr. Dunn. who represents Hal Harbour. Mr. Fletcher replied yes that was his understanding. Dr. Hastings questioned Mr. Fletcher if he lost the suits. would this establish new law. Mr. Fletcher replied if a decision is made that an applicant would receive his zoning, with the condition that later on prove compatible with the Comprehensive Plan. He continued to explain the court would have to give a window, in the future. to challenge the issue of compatibility. Dr. Hastings verified, with Mr. Fletcher, that if he loses the appeals Bal Harbour wins an opportunity in the future to challenge. Mrs. Morris explained at this time the Council is being asked to consider funding Mr. Fletcher's pending litigation. She further stated there are some ramifications which are most prudently not discussed at a public meeting. She stated the reason is that everything discussed, in terms of strategy, becomes part of the public record and therefore can be utilized against the Village, in future efforts in this matter, as well as against Mr. Fletcher in his projects. Mrs. Morris requested the Council schedule time to meet individually with Mr. Poole. She continued to explain at this meeting he will update them on the ramifications. Mrs. Morris then requested the Council schedule a special meeting date. as the Village needs to let Mr. Fletcher know their intentions by year end. Assistant Mayor Blank stated he felt that the Village has not been requested to support Mr. Fletchers' suits. Mrs. Morris responded that this has not been stated so at this point. Mr. Poole explained that the purpose of the special meeting would be to consider a request that Bal Harbour fund the litigation that Mr. Fletcher has filed. He further stated the Village Manager has stated the issues very clearly for the Council. He continued to explain the only other issue would be to know the extent of the financial obligation. Mr. Poole explained that his understanding is the cost would be approximately $35,000 to complete the appeals. Councilman Boggess stated the cost of the services of Holland & Knight must also be considered. Mr. Poole replied he wanted to hear Mr. Fletcher's presentation, before outlining the issues for the Council. He further stated that the decision on whether or not to appropriate funds could be made at the special meeting. Mr. Bruno questioned if Bay Harbour islands and Surfside are Regular Council Meeting 12/21/93 3 involved in this issue. Mr. Blown, Councilman of Bay Harbor Islands, replied that Bay Harbour islands had pledged $10.000 to Mr. Fletcher's cause, and to date have been killed $6.000 to $7,000. Dr. Hastings questioned Mr. Poole on the position of Ba1 Harbour at this time. Mr. Poole replied, at this point, he has received the data back from Dr. Bragdon on the noise study he conducted. Which is a five volume report, and have reviewed the same with Dr. Dunn. He further stated the Council has been provided with comments on their review. He continued to explain the concerns of both himself and Dr. Dunn, basically the data does not collate with Dr. Dunn's expectations. Councilman Taplin stated he was unaware of tests being made by Dr. Bragdon. Mr. Poole explained that Dr. Bragdon set out seven noise meters, two of which were in Bal Harbour. He further stated that the data points out the present noise ordinances of both Ba1 Harbour and North Miami are inadequate to address the noise impact from an amphitheater. Therefore, the need to re-examine the existing noise ordinances. Councilman Taplin questioned when the studies were done. Mr. Poole replied the studies were done beginning in late December and continuing through February of last year. Mrs. Morris stated that much of what is being discussed today is recent information. Councilman Hirsch! referred to the concerns of the Council when they were informed of the City of North Miami's plans for an outdoor amphitheater. He further stated the firm of Holland 8. Knight was engaged, and this Council signed an agreement with the City of North Miami. He continued to state in his opinion the City of North Miami has not lived up to their agreement. Mr. Poole stated since the other fourteen steps of the noise study have not been completed does not constitute a breach of the agreement. He further stated he has written David Wolpin stating the need to reestablish the calendar for completion of the study. Councilman Hirschl stated by Dr. Bragdon signing an affidavit, stating there will be no impact on Bal Harbour, it appears he has made his decision. He further stated in his opinion the agreement with the City of North Miami is null and void. Mr. Poole stated that the issue is did Dr. Bragdon's affidavit breach the agreement. He continued to explain the reasons for the Joint Resolution, and in his judgement there was a breach of good faith between the two Cities. Councilman Hirschl questioned if a suit was brought by Ba1 Harbour would it be heard by Judge Soloman. Mr. Poole replied that if the Village joins Mr. Fletcher by giving financial support, he could not say what effect it would have on a separate suit filed by the tillage. Dr. Hastings questioned if the Village has standing. Mr. Poole replied that Bal Harbour Village does has standing. But, there is no guarantee once you go to court. Councilman Boggess stated in Regular Council Meeting 12/21/93 4 J l his judgement, as a member of the Council, the issue of standing should not be discussed at this meeting. Mr. Singh stated the question of standing is important. and he feels the Citizens Advisory Committee is not being kept informed. He then proceeded to question the time frame of the noise study. Mr. Poole replied if the schedule was followed the study would have been completed around December 15th. Mayor Spiegel stated that at this time she would like to schedule a special meeting for next week. She further stated this would give the Council members time to meet with Mr. Poole individually. As Mrs. Morris has staled the Council is not aware of what has transpired within the past few days. Discussion followed as to the date and time for the special meeting. It was the consensus of the Council to schedule a special meeting for December 20th at 9:30 a.m. for discussion of the amphitheater issue. Dr. Hastings requested that he be present at the meetings between Mr. Poole and the Council member. It was the consensus that of the Council that Dr. Hastings and Mr. Olsen are welcome to sit in on these meetings. Mayor Spiegel stated she is in receipt of a letter from Dr. Hastings resigning as chairman of the Citizens Advisory Committee. Therefore, at this time should appoint another chairman. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to appoint Charles Brown to replace Dr. Hastings as chairman of the Citizens Advisory Committee. The motion carried as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin. Assistant Mayor Blank stated that since Dr. Bragdon has taken a new job, as Dean of a University up North, would he still be the City of North Miami's noise consultant. Mr. Poole replied that Dr. Bragdon still has his own consulting business. and was hired by the City of North Miami because of his outside business. Therefore, he his still the consultant for North Miami. Assistant Mayor Blank asked Mr. Poole if the City of North Miami has not honored the agreement with Bal Harbour. Mr. Poole replied the issue is the affidavit that was filed, and whether or not it constitute a breach of the agreement. He further stated in his opinion North Miami did breach the agreement. Mr. Fletcher addressed the Council and explained what happened in Court the previous day. That the City of North Miami argued that Bal Harbour Village has already capitulated, in that there is a cause in the agreement between the two Cities. He further explained that when Dr. Dunn's affidavit was presented, North Miami argued that since Dr. Bragdon did all the work, therefore how can Dr. Dunn know the impact of the noise upon Bal Harbour. Regular Council Meeting 12/21/93 Dr. Stewart Harris, a member of the Advisory Committee, questioned when Dr. Dunn would be available to speak to the Committee. Mrs. Mori s explained pending the Council's direction such a meeting can then be scheduled. Dr. Hastings stated since the sound workshop in February no other steps according to the noise schedule have been followed. He further questioned how far and how much funds will the Village expend. since the agreement between the two Cities is not binding. He then proceeded to relate to the Council his conversation with Dan Paul. in which Mr. Paul stated Ba1 Harbour should support Mr. Fletcher's appeals. Councilman Taplin stated it is obvious that the Village must file the lawsuit. He further stated he can not understand why more meetings are necessary. He continued to state he would like to recommend to Mr. Poole to move forward at this time. Councilman Hirschl commented there is nothing wrong with the Council members meeting individually with Mr. Poole privately. Mrs. Morris stated she will notify Dr. Hastings and Mr. Olsen of the schedule of each meeting so they may be present. Richard Olsen stated in his opinion the Village should be more forceful. and he would be happy to sit in on the meetings between Mr. Poole and Council members. 4. Public Hearings: None 5. Ordinance -Second Reading/Public Hearing: None 6. Ordinance - First Reading.: None 7. Resolution: A Resolution was read by title, by the Village Clerk, appointing Lillian Arango De La Hoz and Edward G. Guedes as a Deputy Village Attorney. Mr. Weiss explained they are attorneys in his office and this is just a formality. Assistant Mayor Blank stated he would have no objection if Mr. Weiss's associates will handle just the minor legal matters. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to adopt this Resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye; thus becoming RESOLUTION NO. 494 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPOINTING LILLIAN ARANGO DE LA HOZ AND EDWARD G. GUEDES AS A DEPUTY VILLAGE ATTORNEY; PROVIDING FOR AN EFFECTIVE DATE. Regular Council Meeting 12/21/93 t, 8. Architectural Review Board Appeal - Joanne Heber/Solaroll Shade & Shutter - 24 Bal Bay Drive: Mr. Weiss explained this item was carried over from the November Council meeting. Mr. Newman of Solaroll Shade & Shutter, addressed the Council and explained he has letters from both the Shaker Villas Association and Mrs. Heber, according to the instructions he received at the last meeting. He further stated Mrs. Heber is out of town and therefore unable to attend this meeting. He proceeded to explain he is appealing the decision made by the Architectural Review Board that just roll up shutters could be installed. Mrs. Morris explained in making their decision the Board noted their priority is the aesthetic quality of the Village and felt they should, therefore establish one type of approved shutter for this building. Assistant Mayor Blank referred to the minutes of the October 20th Architectural Review Board. At which Mr. Desharnais stated the Board had previously approved this building for white shutters. He further stated the building has several different types of awnings and shutters, which were installed before the establishment of the Board. Assistant Mayor Blank stated as long as the color is white, he would approve the applicants appeal. A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to grant the appeal and the permit to install the two different type of shutters. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 9. Report and Recommendations: A. Mayor and Council: Mayor Spiegel thanked Mr. Note for bringing to the Council's attention the condition under the bridge. B. Village Attorney - Re -Districting: Mr.Weiss explained this item is on the agenda at the Council's request. He further stated he received no questioned during the month, and that no action is required. C. Village Manager: 1. Fourth of July Fireworks: Mrs. Morris explained execution of a contract with Zambelli at this time will allow the Village to take advantage of a 10o cash discount and 5% bonus material. She further explained to provide a show similar to last year the cost will be $14,375, and a 50% deposit would be required. She continued to explain due to the change in enforcement of Coast Guard regulations, it is highly unlikely that the Village will be able to obtain a barge for this event. Therefore, the show will take place from the jetty as no Regular Council Meeting 12/21/93 other portion of the beach is wide enough to provide adequate safety. A motion was offered by Councilman Taplin and seconded by Councilman Hirschl to authorize the Village Manager to enter into a contract with Zambelli International at the cost of $14,375. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 2. Award of Bid for Janitorial Services: Mrs. Morris explained the Village recently sought competitive bids for janitorial services for all municipal buildings. She further explained two responsive bids were received, which were from Best Maintenance & Janitorial in the amount of $14,700, and Vista Building Maintenance Service in the amount of $18.071. She continued to explain Best Maintenance is the Village's current vendor and have been extremely dissatisfied with their .service. Accordingly. after review of the bids and verification of references. it is her recommendation that this contract he awarded to Vista Building Maintenance Services. She further explained funds for these services are provided in account 519.340 Janitorial Services in the amount of $15,000. A motion was offered by Councilman Boggess and seconded by Councilman Taplin that the bid for janitorial services be awarded to Vista Building Maintenance Services. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirsch] aye; Councilman Taplin aye. 3. Haulover Bridge Parking Area: Mrs. Morris explained direction from the Council is necessary regarding the upgrading of the Haulover Bridge area. She then proceeded to explain the information received from Mr. O'Leary, in which he specifically outlines the improvements which he believers necessary. The estimate cost of the improvements is $30,000 to $40,000. Mrs. Morris questioned if the cost level is acceptable to the Council. or should she have Mr. O'Leary scale back the plans. Assistant Mayor Blank stated he feels $30,000 to $40,000 is an exorbitant amount to pay for upgrading this area. He further stated if Mr. O'Leary would give the Council a rendering for their review. Councilman Taplin agreed, that building a garden under the bridge would be a waste of funds. He further stated there has been a vast improvement since Mr. Noto brought this matter to the Council's attention. Mrs. Morris suggested that Mr. O'Leary be requested to prepare preliminary plans, at a lower price level with a cost range of between $10,000 and $20.000. Councilman Hirschl questioned if Mr. O'Leary is under a years Regular Council Meeting 12/2]/93 8 contract with the Village. Mrs. Morris replied Mr. O'Leary's service:; falls under the Competitive Negations Act of the State Statutes. She continued to explain the procedure that transpired when an agreement was signed with Mr. O'Leary. She further explained this is an ongoing agreement until she receives instructions from the Council to seek competitive negation. services. Mr. Weiss explained the Competitive Negations Act, and the difference of a Landscape Architect versus an Landscape Company. It was the consensus of the Council to seek requests for proposals according to the procedure of the Competitive Negotiations Act for Landscape Architects. The council also directed Mrs. Morris to seek bids from Landscape Companies for the upgrading of the area under Haulover Bridge. Mrs. Morris stated she will check with the Department of Transportation if this work needs a permit, and if the plans need to be sealed by a Landscape Architect. 4. Water Distribution System Improvements: Mrs. Morris stated that Mr. Whitman retained an engineering firm. Montgomery Watson. to do a Water Distribution System Study. She further explained one of the items that was discovered in this study was the Village has some fire hydrant shortfalls. She continued to explain she consulted with the Village engineers. Craig Smith & Associates, on this issue, which they confirmed. She then proceeded to explain the additions to improve the Village's Fire flow capabilities. Such as, Che installation of two twelve inch water main connections. one at the intersection of Collins Avenue and Bal Cross Drive and one at the intersection of Balfour Drive and Park Drive. Fire hydrant improvements would provide for the addition of new hydrants to the existing mains, and if necessary, the extension of new water mains to areas inadequate!} served by the existing hydrants. Mrs. Morris explained the engineering costs for both projects is $10,600, and the Council's approval is necessary in order to proceed with these improvements. A motion was offered by Councilman Hirsch! and seconded by Councilman Taplin to authorize the Village Manager to proceed with these improvements. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye. 5. Appointment of Special Masters: Mrs.Morris explained pursuant to Section 2-182 of the Village Code. Special Masters arc appointed by the Village Manager to serve a one year term, and ratified by the Village Council. She further stated she would like to reappoint Special Master Darcee Siegel and Benjamin Orenland. She continued to explain both of these individuals have served in this capacity since the Code Enforcement program was initiated. Mrs. Morris then proceeded to request the Council's ratification of these appointments. Councilman Hirschl questioned if the number of violations issued are up. Mrs. Morris replied yes. Councilman Hirschl then requested Mrs. Morris provide F.egular Council Meeting 12/21/93 to the Council a list of violations. as is done with zon i violations. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to ratify the reappointments of the Special Masters Darcee Siegel and Benjamin Orenland. The motion carried with the vote as follows: Mayor Spiegel aye, Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirsch] aye; Councilman Taplin aye. 6. Employees' Performance Bonus: Mrs. Morris explained all non -bargaining employees were evaluated by their immediate supervisors with bonus recommendation ranging from 0-4%. She further explained on the whole it has been a good year, and noted that the staff members have declined during the past few years. Mrs. Morris stated the total bonus amount is $28,590. Mr. Weiss advised the Council they should not discuss individual employees, this should he discussed with the Manager. Assistant Mayor Blank questioned the base salary structure. He then proceeded to state illustrations from last years' Performance Bonus lists. Mrs. Morris explained the difference is the cost of living increase. She then proceeded to explain the criteria for a bonus, and explained that there is an interchange between the supervisor and employees, and the employee signs the evaluation. Discussion followed as to the merits on the bonus system. councilman llirschl stated he feels the tong range goal of this system is working. He further explained using these reviews allows the Manager to learn more about her employees. Councilman Taplin stated it is up to the Village Manager to determine who is doing a good job, and who is not. Councilman Hirschl questioned the progress of the public collecting of funds for the Employees Holiday fund. Mrs. Morris replied the collection is at the same level as last year at this time. She further stated she will make telephone calls to the major properties that have not yet contributed. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the performance bonus schedule he approved. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye: Councilman llirschl aye; Councilman Taplin aye. Councilman Boggess stated at this time the Council should consider a bonus for both the Village Manager and Village Clerk. At this time the Village Manager and Village Clerk were asked to leave the room. Discussion followed as to the current salaries and what bonuses were given last year. Councilman Boggess recommended a 41 bonus for the Village Manager and Village Clerk. Councilman lfirschi then proceeded to discuss the problems he has had with the Village Clerk. Uiscussion followed as to the performance of the Clerk. Regular Council Meeting 12/21/93 10 to the council a list of violations, as is done with zoning violations. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to ratify the reappointments of the Special Masters Darcee Siegel and Benjamin Orenland. The motion carried with the vote as follows: Mayor Spiegel aye, Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 6. Employees' Performance Bonus: Mrs. Morris explained all non -bargaining employees were evaluated by their immediate supervisors with bonus recommendation ranging from 0-4'",. She further explained on the whole it has bee❑ a good year, and noted that the staff members have declined during the past few years. Mrs. Morris stated the total bonus amount IS $28,590. Mr. Weiss advised the Council they should not discuss individual employees. this should be discussed with the Manager. Assistant Mayor Blank questioned the base salary structure. He then proceeded to state illustrations from last years' Performance Bonus lists. Mrs. Morris explained the difference is the cost of living increase. She then proceeded to explain the criteria for a bonus, and explained that there is an interchange between the supervisor and employees, and the employee signs the evaluation. Discussion followed as to the merits on the bonus system. Councilman Hirschl stated he feels the long range goal of this system is working. He further explained using these reviews allows the Manager to learn more about her employees. Councilman Taplin stated it is up to the Village Manager to determine who is doing a good job. and who is not. Councilman Hirschl questioned the progress of the public collecting of funds for the Employees Holiday fund. Mrs. Morris replied the collection is at the same level as last year at this time. She further stated she will make telephone calls to the major properties that have not yet contributed. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the performance bonus schedule be approved. Thu motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin aye. Councilman Boggess stated at this time the Council should consider a bonus for both the Village Manager and Village Clerk. At this time the Village Manager and Village Clerk were asked to leave the room. Discussion followed as to the current salaries and what bonuses were given last year. Councilman Boggess recommended a 4% bonus for the Village Manager and Village Clerk. Councilman Hirschl then proceeded to discuss the problems he has had with the Village Clerk. Discussion followed as to the performance of the Clerk. Regular Council Meeting 12/21/93 10 A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to give a 4% bonus to the Village Manager and the Village Clerk. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin aye. 10. Other Business: 1. Waivers for Civic Association - Mr. Richard Olsen. President Bal Harbour Civic Association: Mr. Olsen stated at the time he requested to be placed on the agenda, he was unaware his request was not legal. According to the south Florida Building Code, therefore he withdraws his request. It. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Hirsch) to adjourn. The motion carrier unanimously(5-0), and the meeting adjourned at 11:55 a.m. Mayor Estelle Spiegelr Attest.: Jeanette Horton, CMC/AAE Village Clerk Regular Council Meeting 12/21/93 11