HomeMy Public PortalAbout1994-01-18 Regular Meeting9'r
COUNCIL MINUTES
REGULAR MEETING - JANUARY 18, 1994
The regular meeting of the Bal- Harbour Village Council was
held on Tuesday, January 18, 1994, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:31 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. v
2. Approval of Minutes: A motion was offered by Councilman
Taplin and seconded by Assistant Mayor Blank to approve the minutes
of the December 21, 1993, Regular Meeting. Councilman Hirschl
requested the minutes be corrected, page 1 next to the last
paragraph, should read There was not an objection from .the Council,
also page 6 forth paragraph should read Councilman Hirschl
commented. There being no further corrections or additions, the
motion carried unanimously (5-0), and the minutes were approved as
amended.
3. Presentations: Officer of the Month - Officer Jose
Andrade: Chief Treppeda read from his memo, the accomplishments of
Officer of the Month for December, 1993, Officer Jose Andrade.
Chief Treppeda explained Officer Andrade was unable to be present
to accept this award today. He further stated Officer Andrade will
be given a plaque, and a check in the amount of $100 from the
Village.
4. Public Hearings: None
5. Ordinance - Second Reading/Public Hearing: None
6. Ordinance - First Reading: None
7. Resolutions: None
8. Reports and Recommendations:
A. Mayor and Council: None
B. Village Attorney: Mr. Weiss reported he is in the
process of filing papers against Cafe La Tulipe. He further
explained with working through Mrs. Morris's office a large portion
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of the Resort Tax monies were collected. Mrs. Morris stated the
balance is approximately $4000, which represents one month
outstanding.
C. Village Manager:
1. Ouarterly Financial Statement:
Mrs. Morris stated that at this time the Village is basically 25%
expended, which is appropriate for this portion of the year. She
further explained the line items that are out of percentage ratio's
are one time expenditures.
Assistant Mayor Blank questioned the revised quarterly report
received from Northern Trust Bank. He commented this revised
report was very poorly done, since it was not noted what item was
corrected. He further questioned why on the transactions of stocks
sold or purchased it does not reflect a commission paid to Smith
Barney. Mrs. Morris replied she would check with Northern Trust
and report back to the Council.
2. Cathodic Protection:
Mrs. Morris explained the Village has an underground fuel tank, and
pursuant to Florida State Statute must provide secondary protection
for the tank. She further explained cathodic protection helps
provide protection against corrosion to the tank, is one way
secondary protection can be accomplished. She continued to explain
the installation of cathodic protection will allow the Village to
leave the tanks in place until, the year 2009. The alterative
would be to provide a secondary containment tank and integral
piping by the year 1998. Mrs. Morris explained that failure to
proceed with installation would result in the tanks being deemed as
unprotected and installation of a secondary tank and piping would
be required. She further stated that accordingly she has obtained
prices for the installation of the required cathodic protection.
She continued to explain after review of the prices, and
verification of references`, she recommends the Village proceed with
the low bidder, Harco Technologies, at a cost of $3,600. Mrs.
Morris explained the Village 's consulting engineers, Craig Smith
& Associates, recommends that the Village bury the cables at a
depth of 12", which would incur an additional cost of $485. This
brings the total cost to $4,085. She stated at this time the
Council's approval is necessary to proceed.
Councilman Hirschl questioned the fax cover sheet received from
Harco Technologies, which states they recommend the Village not to
go an additional depth of 12", but our engineers recommends the
Village go the additional depth. Mrs. Morris replied in the past
the Village had problems, as with television cables, when cables
are not buried the additional depth.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to accept the bid from Harco Technologies for
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the installation of cathodic protection. 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. Haulover Bridge Area:
Mrs. Morris provided a video for the Council's viewing. She
pointed out the areas and explained the scope of work. She then
proceeded to explain she anticipates being able to complete much of
the work in house. A sprinkler contractor will be required to
install the irrigation, as well as a contractor to assist with the
minor paving work.
Mayor spiegel questioned if it would be possible to steam clean or
paint some of the areas. Mrs. Morris replied they could try
pressure cleaning, she will speak to Mr. Wheldon.
Councilman Boggess questioned if it was time to thinktof paving the
parking lots. Mrs. Morris replied she did not know if simply
repaving or seal coating would be adequate. She further stated
stripping may also be necessary, and she will check Into seal
coating and striping. Councilman Boggess then questioned if
Southern Bell would improve their screening. Mrs. Morris replied
she will speak to them.
Councilman Hirschl stated his concern that the Council is looking
at ways to patch up this area. He further stated the "improvements
to this area should be first class. Mrs. Morris replied that the
information received from Mr. O'Leary, based on his experience,
that no matter what the Village does they will not have much
success getting things to grow in this area. Councilman Hirschl
explained that a patient of his explained the Village should forget
about landscaping in this area, and look into ways of using asphalt
architecturally. Therefore he thinks there are other alternatives
and the Village should not act quickly on this matter.
Mrs. Morris explained the type of plants proposed for the area.
She continued to explain these plants are native to beach areas.
She further explained some areas would just be sodded, and some
hedging along the side of the parking lot.
Councilman Taplin stated the area has been improved, and he feels
the Village should not spend a lot of money in trying to landscape
or pave under the bridge.
Mrs. Morris stated she will investigate other alternatives, and
will report back to the Council.
4. Key Promotion & Marketing Group:
Mrs. Morris explained for the last few months the Resort Tax
Committee has been looking into using General Sales Agents in Latin
America. She explained that many of the Committee members felt
that most of the Village's future business will be coming from
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Latin America. She continued to explain the Resort Tax Committee
has recommended the Village proceed with an agreement with Key
Promotion & Marketing Group. The agreement would provide for them
to serve as general sales agents for the Village in Argentina,
Brazil and Venezuela. Mrs. Morris explained that there are a few
minor problems with the agreement, which she has already addressed
with them. Additionally, Mr. Weiss has suggested the Village
request a fidelity bond, so we would have assurance they would not
be improperly accepting money. She continued to explain the other
controls the Village would request be incorporated into the
agreement. She then proceeded to explain the meeting she attended
with Mayor Spiegel, and representatives from Sea View, Sheraton,
Greenstone Roberts and the sales representatives from Argentina and
Brazil. Mayor Spiegel stated they are very anxious to work with
the Village. She further explained they recommended the Village
become a member of the -Chamber of Commerce of each country, and
that the United States Embassy would work with the Village.
Assistant Mayor Blank requested clarification as to the fact
Village already has an advertising agency at a�cost of
approximately $100,000 per year. Now another group is being
brought in at the cost of $90,000 per year, plus expenses, to
represent the Village in Latin America. He further stated he felt
this company should be combined with the agreement the Village has
with Greenstone Roberts, and not pay each company separately.
Councilman Hirschl explained what the Resort Tax Committee is
trying to accomplish. He continued to explain everyone is going
down to the new market in Latin America. He further explained
Greenstone Roberts is clearly not an international ad agency.
Councilman Hirschl then proceeded to explain the different. meetings
the Resort Tax Committee held regarding hiring a general sales
agent, and Key Promotion & Marketing was highly recommended. He
further explained the Resort Tax Committee has voted to expand
their budget numbers for advertising.
Mayor Spiegel stated the only item she is questioned are the travel
expenses. Mrs. Morris explained all travel expenses must be pre
approved by the Resort Tax Committee.
Assistant Mayor Blank questioned where the funds are coming from to
pay for this agreement. Mrs. Morris explained the Resort Tax
Committee has not approved an advertising budget for this year,
looking to focus on the Latin American market. Mayor Spiegel
stated funds budgeted for a fashion gala could also be used.
Councilman Boggess stated also for years the Village has been
reserving monies in the Beach Restoration Fund. Since it has now
been established from the Army Corps of Engineers that it is no
longer necessary to add to that fund. If the funds is left at one
million dollars it would make available two million dollars.
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101
Councilman Taplin stated in view of the crisis the Village is
facing, the funds must be found. He further stated it is not a
matter of should the Village do it or not.
Councilman Hirschl stated there is a clause that states the parties
may terminate the agreement. He further explained Key Promotion &
Marketing Group has no conflict of interest. He continued to
explain the members of the Resort Tax Committee were very concerned
and have acted more quickly then any other entity in going after
the Latin American business. He proceeded to explain that Key
Promotion & Marketing Group and Greenstone Roberts will be working
together. Greenstone Roberts will handle all the production and
placement of advertising, and Key Promotion & Marketing Group will
have the contacts in those countries.
Mrs. Morris stated at• this time the Council's approval is
necessary.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve the agreement substantially in the
form as presented. The motion carried with the vote as follows:
Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess
aye; Councilman Hirschl aye; Councilman Taplin.
9. Other Business:
Mr. Bob Maute, Fairfield Manor, requested the Council consider
appointing a committee for the 50th anniversary celebration.
Mr. Charles Brown, chairman of the Citizens Advisory Committee,
questioned how the Committee is to remain informed. He continued
to state at the last Council meeting Councilman Boggess -suggested
a special council be appointed in the matter of the amphitheater.
The special council can then attend the executive sessions and
therefore keep the Committee informed. He requested the Council
seriously consider Councilman Boggess's suggestion.
Councilman Boggess stated his problem with all the Munisport
transactions, since Mr. Weiss has recused himself, he feels the
Village Manager needs someone she can talk to in regards to this
matter. He further stated he would feel much safer if the Village
Manager had someone, so she in turn could advise the Council
better.
Councilman Boggess suggested Mr. Richard Olsen, who is
knowledgeable of everything that has transpired, could serve as the
Village council. Assistant Mayor Blank agreed with Councilman
Boggess.
Councilman Hirschl verified that the Council directed Holland &
Knight to talk to Dr. Hastings, or the Citizens Advisory Committee.
The Council affirmed this was correct. Mr. Brown stated this was
what transpired, but an attorney is needed they can talk to and
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AUZ
understand. Councilman Hirschl questioned if the Committee has met
with Mr. Poole. Mr. Brown replied no they have not. The Committee
feels they need someone who has a strong interest, and Mr. Olsen as
a homeowner, head of Civic Association and also an attorney.
Therefore he could sort out the information for the Committee.
Mrs. Morris stated apparently the Committee is confused by the
Sunshine Law and all its rules, as well as Mr. Poole is concerned
that when a committee meeting is held everything that is said
becomes part of the public record. Therefore becomes open to Mr.
Wolpin. She proceeded to caution the Council, if they bring in
another attorney those documents become public record and subject
to the Sunshine Law.
Mr. Weiss stated in respect to the Sunshine Law he believes he has
no conflict. He further -stated he would meet with the Committee if
they have any questions about the Sunshine Law and explain the
process, as well as executive sessions. He continued to explain if
Mr. Olsen was appointed as Co -Council with Holland & Knight, he
would therefore be able to attend the executive sessions. But,
once he discloses to the Committee what transpired at those
meeting, then there is no longer an attorney client privilege.
Councilman Boggess stated if the Citizens Advisory Committee
contacts Holland & Knight directly, this runs up the Village's
bill. He further explained he is thinking of someone, the Council
can speak to and then relay the information to the Committee.
Mayor Spiegel suggested they wait until after the first executive
session is held to make a decision. Mrs. Morris explained she
could write a brief update to the Citizens Committee.
Mr. Olsen addressed the Council and explained the concerns is the
tactical aspect in the way the matter is moving forward.
Councilman Hirschl questioned Mr. Olsen if he thought that if he
was made Co Council could the Village still protect the private
discussions that are necessary to effectively beat the City of
North Miami. Mr. Olsen replied he thinks that can be done.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to recess this meeting, until the Retirement
Board meeting is concluded. The motion carried unanimously, and
the meeting recessed at 10:40 a.m.
The regular meeting of the Bal Harbour Village Council was
reconvened at 11:45 a.m. The roll was called and those present
were:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
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103
Also present:
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
reconvened.
10. Executive Session: Mr. Weiss explained this is an
executive session pursuant to Chapter 286. He further explained
the estimated time of the session is one hour. The persons
attending the meeting are Mayor Spiegel, Assistant Mayor Blank,
C c_lman Boggess, Councilman Hirschl, Councilman Taplin, Village
� Le-
Ma-y�e-r arole Morris. He continued to explain the Village's special
council, Susan Delegal and Sam Poole, from Holland & Knight, will
also be in attendance.
Mr. Weiss then proceeded to explain the Clerk will be leaving the
meeting. He further stated to preserve the confidentiality he will
also be leaving the meeting, since he is not representing the
Village on this matter. He continued to explain at the conclusion
of this session, the meeting will be reopened in a public form and
then adjourn the regular meeting.
Mr. Weiss explained the session will be transcribed by a court
reporter, and reminded the Council that the court reporter's notes
will be confidential until such time as the litigation is
concluded. Once the litigation is concluded, then they become
public.
At this time the executive session was convened and Mr. Weiss and
the Village Clerk left the meeting.
At the end of the executive session Mayor Spiegel reconvened the
regular meeting of the Bal Harbour Village Council.
11. Adjourn:
There being no further business to come before the Council, a
motion was offered by Councilman Hirschl and seconded by Councilman
Taplin to adjourn. The motion carried unanimously (5-0), and the
meeting adjourned at 1:40 p.m.
yor Est-lle Sp 'egel
Attest:
eanette Hor on, CMC/AAE
Village Clerk
/jh
Regular Council Meeting 1/18/94
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