HomeMy Public PortalAbout1994-04-19 Regular Meeting1 E!e1
COUNCIL MINUTES
REGULAR MEETING - APRIL 19, 1994
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, April 19, 1994, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 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, they meeting
commenced.
2. Approval of Minutes: A motion was offered by
Councilman Taplin and seconded by Councilman Boggess to approve the
minutes of the March 2, 1994, Special 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 Boggess and seconded by
Assistant Mayor Blank to approve the minutes of the March 2, 1994,
Joint Session. 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 Hirschl and seconded by
Councilman Taplin to approve the minutes of the March 15, 1994,
Regular Meeting. There being no changes or corrections, the motion
carried unanimously (5-0), and the minutes were approved as
submitted.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to approve the minutes of the March 22, 1994, Joint
Meeting. There being no changes or additions, the motion carried
unanimously (5-0), and the minutes were approved as submitted.
3. Presentation: Officer of the Month - Officer Robert
Bliem:
Chief Treppeda read from his memo, the accomplishments of Officer
of the month for March 1994, Officer Robert Bliem. Chief Treppeda
explained Officer Bliem was unable to be present to accept this
award today. He further stated Officer Bliem will be given a
plaque, and a check in the amount of $100 from the Village.
4. Public Hearings: None
5. Ordinances - Second Reading/Public Hearing: None
6. Ordinance - First Reading: None
7. Resolutions: None
8. Reports and Recommendations:
A. Manor and Council:
Councilman Hirschl stated at this time he would like to bring up
the issue of the Village Manager. Since the Village Manager has
given her resignation effective May 13, 1994. He stated the
Council must decide the_ mechanism to be used to seek a Village
Manager, as well as appointing an Interim Village Manager.
Mayor Spiegel stated when she received Mrs. Morris' letter of
resignation, she requested Mrs. Morris to arrange for publications
that deal with municipal Managers. She further stated it will take
several months before selecting a new Manager. She continued to
explain she would like to see the transition start promptly, and
Mrs. Morris to start working with Jeanette Horton, the Village
Clerk.
Mrs. Morris requested the Council's input in terms of placing an
advertisement. She further explained the copy deadlines are this
week and next week for most of the publications. She explained the
input she needs is, if the Council desires any peculiar
qualifications, such as, number of years of experience and
educational requirements. Mrs. Morris explained the last
managerial search was published in the Manager and ICMA Newsletter,
but now a third publication is available called the Jobs Bulletin.
She then proceeded to explain the qualification that were required
at that time, which was five years experience as a City Manager,
the salary was left open. She recommended the article include the
present Managers' salary, this way the applicants would have an
idea as to the salary range. It was the consensus of the Council
that a Bachelor Degree be required.
Discussion followed as to a cut off date for receiving
applications. It was the consensus of the Council to have a cut
off date of June 10, at 5:00 p.m. but, could reopen if not enough
applications are received.
Councilman Hirschl stated at this time he would like to discuss the
Interim Manager. He then proceeded to state the reasons for not
naming Mrs. Horton as Interim Manager. He then proceeded to state
the reasons for naming Chief Treppeda as Interim Manager, and
requested the Council think about his recommendation.
Regular Council Meeting 4/19/94 2
Assistant Mayor Blank stated in his opinion the transition will
require a different kind of work then the Police Chief can supply.
Therefore, he would recommend John Walker, Finance Director, and
Jeanette Horton, Village Clerk work as a team.
Councilman Boggess stated Chief Treppeda has an assistant, where
Mrs. Horton does not. He further stated in his opinion if the
Village Clerk takes on additional duties the Village would have a
disaster on its hands.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl that effective May 14, Chief Treppeda become
Interim Village Manager. Discussion followed. The Council asked
Chief Treppeda how he feels about being appointed Interim Village
Manager. Chief Treppeda stated he is not interested in the
position on a permanent bases, but if it is the Council's desire he
would be happy to accept. The motion carried with the vote as
follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye.
B. Village Attorney:
Report on Resolution Requesting the County to Convey
Land:
Mr. Weiss stated in reference to the Resolution that was passed
last month, requesting the County to convey two acres, in Haulover
Park, to the Village. On the County Commission agenda today is a
Resolution calling for a special election. He further explained
the reason why a special election would have to be held. He then
proceeded to explain he had spoken to Mr. Whitman, and he has an
idea which would make such an election un-necessary. He continued
to explain that the southern tip, where the fire station is
located, is zoned industrial and business. Therefore, that
southern tip may not be in Haulover Park, and would just be a piece
of County owned property.` He explained, at this time, he would
need the Council's authorization to obtain a survey plotting out
the legal description of Haulover Park. He continued to explain if
this property is not a part of Haulover Park, the County could
convey the property to the Village without going to the electorate.
Mr. Weiss stated the Council needs to, at least, have a feeling
that they are interested in moving ahead with this project, before
funds are expended. Councilman Hirschl stated, it was his
understanding, the Resolution had no strings attached to finding
out if the County would convey this property. Mr. Weiss replied
there are no strings. It was the consensus of the Council that Mr.
Weiss proceed, if Mr. Whitman would defray the cost.
Street Parking in the Residential Section:
Mr. Weiss explained, at the last meeting, Mr. Olsen requested the
Regular Council Meeting 4/19/94 3
Council address the issue of parking commercial vehicles in the
residential district. He further stated as directed he has
supplied different codes. He then proceeded to suggest the Council
review them and decide the direction they wish to pursue.
Councilman Hirschl questioned if this would be a zoning issue and
require night meetings. Mr. Weiss replied yes. Councilman Hirschl
stated this issue then should be included with the other zoning
issues that are pending. The Council requested Mr. Olsen review the
different codes and make a recommendation.
C. Village Manager:
1. Ouarterly Financial Statement:
Mrs. Morris stated the Village is now half -way through the fiscal
year. She further explained with the exception of legal expenses
related to the amphitheater, pre -paid expenses, '.and one time
expenses the Village is essentially in good shape in the General
Fund. Mrs. Morris explained the expenditures for the amphitheater
is approximately $60,000. The tourism expenditures are ,under the
projections. The reason being the Resort Tax Committee's ''reduction
of the domestic advertising program, and the new emphasis on Latin
America. She continued to explain Tourism revenues are down by 10
to 15 percent based on the normal pattern. This may be due to
the negative publicity received by the Greater Miami community in
recent months. She reported that American Express will not be a
sponsor of the Latin American Fashion Show, therefore the approved
cost of $85,000 may be exceeded. Mrs. Morris stated there are some
areas of concern, and she has spoken with the department heads and
made them aware of her concerns. Therefore, they can take some
steps to adjust expenditures.
2. Purchase of Vehicles/Police Department $34,776:
Mrs. Morris explained she needs the Council's authorization to
proceed and purchase two police vehicles in the amount of $34,776.
She further explained one vehicle will replace an older unit, and
the second vehicle will replace the current beach vehicle. Mrs.
Morris stated it is recommended that the Village also purchase the
extended service plan, which should warrant the vehicles for the
full period it would be owned by the Village. Both vehicles are
provided for in the current year operating budget and are within
budgetary parameters.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to authorize the Village Manager to proceed with
the purchase. The motion carried unanimously with the vote as
follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye.
Regular Council Meeting 4/19/94 4
3. Gravity Sewer Main Cleaning, Television
Inspection and Joint Repair - Phase 2:
Mrs. Morris explained the scope of work will include cleaning,
television inspection and joint repairs, where necessary, for all
of the remaining sewer mains in the Village's system. This
project is provided for in the current year operating budget and
the bid is well within budgetary parameters. She then proceeded to
name the companies who responded, Rockline Vac Systems Inc. is the
apparent low bidder in the amount of $28,151.70. The high bid was
in the amount of $59,917.60. She then proceeded to request the
Council's authorization to award this bid and to proceed with this
project.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank tp accept the bid of Rockline Vac Systems,
Inc. The motion carried unanimously (5-0) with, the vote as
follows: Mayor Spiegel aye; Assistant Mayor Blank aye.; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye.
4. Landscape Architect Selection:
Mrs. Morris explained the Village published a Request for Proposals
for Landscape Architects. This was done in accordance with the
State's Consultants Competitive Negotiations Act. She proceeded to
name the firms who submitted proposals. She further explained Mr.
Wheldon reviewed the proposals, and recommended that the following
firms be invited to make presentations to the Village Council.
O'Leary Design Associates; Stelkow Associates; and Charles A.
Alden. Mrs. Morris requested the Village Council schedule a
special meeting for Wednesday, May 4, 1994, to hear these
presentations. After the presentations are heard, the firms will
have to ranked and them attempt to negotiate a satisfactory fee
arrangement with the top ranked firm. Councilman Boggess requested
that the firm of Taft Bradshaw be included to make a presentation,
and that Bob Wheldon be present at the special meeting. It was the
consensus of the Council to hold a special meeting May 4, 1994, at
4:00 p.m.
5. Report and Ratification of Resolution of Case
#93-1192-CIV-Atkins Robinson v. Village of Bal Harbour:
Mrs. Morris explained this agreement is in conformance with that
approved in prior meetings. Mr. Weiss explained he felt the
agreement should be ratified at a public meeting.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to ratify the agreement. The motion carried
unanimously (5-0) with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
Regular Council Meeting 4/19/94 5
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9. Executive Session:
Mr. Weiss explained this is an executive session pursuant to
Chapter 286. He further explained the purpose of this session is
to discuss the litigation of Case #94-00623 Village of Bal Harbour
v. City of North Miami. The persons attending the meeting are
Mayor Spiegel, Assistant Mayor Blank, Councilman Boggess,
Councilman Hirschl, Councilman Taplin, Village Manager Carole
Sherouse Morris, Richard Olsen, Village Attorney, Gerald Richman,
Attorney Floyd Pearson Richman Greer et al, Steven Zack, Attorney
Zack Hanzman Ponce Tucker Korge et al, and Debra Goodstone,
Attorney Zack Hanzman Ponce Tucker Korge et al. He continued to
explain at the conclusion of this session, the regular meeting will
be reconvened.
Mr. Charles Brown, 268 Bal Bay Drive, requested to speak before the
Council goes into executive session. He stated the'tVillage needs
a strong litigator and lobbyist. He recommended the team of Gerald
Richamn and Steven Zack work together on this case. '
Dr. Hastings stated he has reviewed the motion to dismiss file by
the City of North Miami. If the Village has Mr. Richman and Mr.
Zack working together, there is nothing wrong in retaining two
firms. He further stated the Village should not worry about the
expenses at this time.
At this time the Executive Session was convened and the Village
Attorney and Village Clerk left the meeting.
At the end of the Executive Session Mayor Spiegel reconvened the
regular meeting of the Bal Harbour Village Council at2:10 p.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
Councilman Sol M. Taplin
Also present: Carole Sherouse Morris, Village Manager
Jeanette Horton, Village Clerk
10. Other Business:
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to retain Gerald Richman. The motion carried
unanimously (5-0) with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to allocate up to $20,000 in the event our
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6
Council feels the need to hire any expert. The motion carried
unanimously (5-0) with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
11. Adjourn:
There being no further business to come before the Council, a
motion was offered by Councilman Hirschl and seconded by Councilman
Boggess to adjourn. The motion carried unanimously (5-0), and the
meeting adjourned at 2:20 p.m.
Mayo f Estelle Stern-Spigel
Attest:
Jeanette Horton, CMC/AAE
Village Clerk
Regular Council Meeting 4/19/94 7