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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 a� s 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 Regular Council Meeting 4/19/94 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