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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 `16 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 Regular Council Meeting 1/18/94 2 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 Regular Council Meeting 1/18/94 3 J.UV 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. Regular Council Meeting 1/18/94 4 101 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 Regular Council Meeting 1/18/94 5 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 Regular Council Meeting 1/18/94 6 103 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 7