HomeMy Public PortalAbout1994-05-17 Regular MeetingCOUNCIL. MINUTES
REGULAR MEETING -MAY 17, 1994
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, May 17, 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:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Also present: Alfred Treppeda, .Interim Village Manager/
Police Chief
Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting
commenced.
2. Approval of Minutes: A motion was offered by
Councilman Hirschl and seconded by Assistant Mayor Blank to approve
the minutes of the April 4, 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 Taplin and seconded by
Councilman Hirschl to approve the minutes of the April 12, 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
Councilman Taplin to approve the minutes of the April 19, 1994,
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: None
4. Public Hearings: None
5. Ordinances - Second Reading/Public Hearing:
An Ordinance was read, by title, by the Village Clerk, amending
Section 14(b) of the Village Charter to allow the election dates
for Village Elections to be set by the Village Council and
providing requisite ballot language. Mayor Spiegel then opened the
Public Hearing. Councilman Hirschl asked for verification from the
Village Attorney, if this Ordinance is adopted it would allow the
Council to change the date only in the event of Religious holidays
or the occurrence of a natural disaster. Mr. Weiss replied that is
correct. There being no further comments, Mayor Spiegel closed the
Public Hearing.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to enact this Ordinance as amended. The motion
carried and the vote was as follows: Mayor Spiegel aye; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin aye; thus becoming:
ORDINANCE NO. 390
AN ORDINANCE OF THE VILLAGE OF BAL
HARBOUR, FLORIDA; AMENDING SECTION
14(b) OF THE VILLAGE CHARTER TO
ALLOW ELECTION DATES FOR VILLAGE
ELECTIONS TO BE SET BY A MAJORITY
VOTE OF THE VILLAGE COUNCIL:
PROVIDING REQUISITE BALLOT LANGUAGE:
PROVIDING FOR SEVERABILITY,
INCLUSION IN CHARTER AND AN
EFFECTIVE DATE.
6. Ordinances - first reading: None
7. Resolutions:
A Resolution was read, by title, by the Village Clerk, calling for
a Special Election to propose an amendment to the Village Charter
to allow Village Elections to be held on a date other than the
first Tuesday in April by a majority vote of the Village Council.
Mr. Weiss explained this Resolution calls for a Special Election so
the Charter amendment can be approved by the voters. Councilman
Hirschl explained the Council chose to be placed on the County
ballot to minimize the financial exposure to the Village.
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. 409
A RESOLUTION OF BAL HARBOUR VILLAGE,
FLORIDA, CALLING A SPECIAL ELECTION
TO PURPOSE AN AMENDMENT TO THE
VILLAGE CHARTER TO ALLOW VILLAGE
ELECTIONS TO BE HELD ON A DATE OTHER
THAN THE FIRST TUESDAY IN APRIL BY A
MAJORITY VOTE OF THE VILLAGE
COUNCIL; PROVIDING FOR REQUISITE
Regular Council Meeting 5/17/94 2
BALLOT LANGUAGE; PROVIDING FOR TIME
AND PLACES OF BALL011NG; PROVIDING
FOR NOTICE; PROVIDING FOR AN
ELECTION DATE.
8. Landscape Architect Selection:
Mr. Weiss explained the procedure according to State Law the
Council is obligated to select three, and rank the firms in order
of preference. Then the Village Manager would then negotiate an
acceptable fee schedule with the most qualified firm, and if
successful bring the fee; schedule back to the Council for their
approval. The Council then proceeded to rank the firms, with
number one as the top ranked firm, and number four the lowest
ranked firm. Mr. Weiss read out loud how the Council ranked the
firms, which is required by law.
Mayor Spiegel
Charles A. Alden Landscape Architect 4
Strekkow Associates, Inc. 3
O'Leary Design Associates 2
Bradshaw Gill Fuster & Associates
Assistant Mayor Matthew Blank
Charles A. Alden Landscape Architect 4
Streklow Associates, Inc. 2
O'Leary Design Associates 1
Bradshaw Gill Fuster & Associates 3
Councilman James Boggess
Charles A. Alden Landscape Architect 4
Streklow Associates, Inc. 2
O'Leary Design Associates 1
Bradshaw Gill Fuster & Associates 3
Councilman Andrew liirschl
Charles A. Alden landscape Architect 3
Streklow Associates, Inc. 2
O'Leary Design Associates
Bradshaw Gill Fuster & Associates 4
Councilman Sol Taplin
Charles A. Alden Landscape Architect 3
Streklow Associates, Inc. 2
O'Leary Design Associates 1
Bradshaw Gi11 Fuster & Associates 4
Regular Council Meeting 5/17/94 3
The results of the Council ranking of the firms is as follows:
O'Leary Design Associates 1
Streklow Associates, Inc. 2
Bradshaw Gill Fuster & Associates 3
Charles A. Alden Landscape Architect 4
A motion was offered by Councilman Taplin and seconded by
Assistant Mayor Blank to authorize the Village Manager to negotiate
with O'Leary Design Associates, and if he is unable to negotiate an
agreeable fee then negotiate with Streklow Associates. 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. Architectural Review Board Appeal - Paul E. Dermer, M.D.,_
Bal Harbour Tower, 9999 Collins Avenue, Apt. 11F:
Mr. Treppeda explained Dr. Dermer was issued a citation for
painting roll -up shutters white. The approved color for this
building is bronze. Accordingly, Dr. Dermer filed an application
with the Architectural Review Board seeking approval of these
shutters. The Board expressed concern that if one different color
was approved, many different colors could result. Therefore, they
vote to deny the request. He further explained pursuant to the
Code, Dr. Dermer has filed an appeal of this decision.
Dr. Dermer explained the motor covers were painted beige to blend
into the color of the building. He further explained, at this
time, he is requesting the Council approval to leave only the
east -facing hurricane shutter motor cover in a color that blends
in with the building, but does not conform with the approved color
of bronze.
Mr. Grover, General Manager of the Bal Harbour Tower, stated the
Building Association has no objection to leaving the motor covers
the color they are, which does blend in with the building.
Discussion followed. Councilman Boggess stated he does not want to
set a precedent, therefore he feels both the mullions and motor
covers should be repainted bronze. Councilman Hirschl stated he
would Like to see the mullions repainted, but has no object to
leaving the motor covers the color they are painted. Assistant
Mayor Blank and Councilman Taplin agreed with Councilman Hirschl.
Mayor Spiegel stated the motor covers are more attractive painted
the color of the building.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to approve the appeal for Dr. Dermer's
apartment #11F, the mullions will be repainted the proper color and
the motor covers will remain the existing color. Discussion
followed. Councilman Boggess requested the motion be amended that
Regular Council Meeting 5/17/94 4
Bal Harbour Tower be required be notify all of their apartment
owners that if they wish to change the Bronze color it must match
the building. It was the consensus of the Council instead of
amending the motion they are requesting that the building notice
the apartment owners as to the rules The motion carried with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Boggess aye; councilman Hirsch! aye; Councilman Taplin
aye.
10. Reports and Recommendations:
A. Mayor and Council:
Assistant Mayor Blank referred to the memorandum received from Mrs.
Morris in reference to the employees compensation plan. He
believes it is time to have a review of the plan, since the last
review was made in 1991. He further stated, at that time, a
professional company's report stated they found no problem with the
compensation plan. Assistant Mayor Blank recommended the Council
authorize the Village Manager to contact a professional firm to
evaluate the compensation plan. It was the consensus of the
Council that the Village Manager contact a professional firm to do
a compensation study.
Councilman Taplin recommended that John Walker, the Finance
Director, be appointed as Assistant Manager to help Mr. Treppeda.
That Mr. Walker and Mr. Wheldon be directed to attend all Council
meetings. Mayor Spiegel explained they have regular staff
meetings, and all department heads are aware of what is happening.
Councilman Boggess stated he can not see naming Mr. Walker as
Assistant Manager. Mayor Spiegel stated everyone is working
together, and she can foresee no problems.
B. Village Attorney: No report
C. Village Manager:
1. Village Ha11 Renovation (American with
Disabilities Act):
Mr. Treppeda explained in accordance with the provision of the
Consultants Competitive Act, the Village has received proposals,
heard presentations and ranked the firms in order of
qualifications. He explained the employees who ranked the firms
were Mrs. Morris the former Village Manager, Dan Neida Building
Official and Pam Thompson Purchasing Agent. The top ranked firm is
Joseph Middlebrook & Associates, Inc. The draft agreement for
services would establish a fixed fee of $15,375, for an inventory
of the building, as well as, an analysis and recommendations of
deficiencies in the building. A separate agreement will be
negotiated once the scope of construction work is itemized. He
continued to explain adequate funds were designated from the prior
Regular Council Meeting 5/17/94 5
year budget to defray the cost of these services. Mr. Treppeda
then proceeded to request authorization to proceed.
Mr. Weiss explained he had reviewed this agreement with Mr.
Treppeda, and have some problems with certain sections. He further
explained he has spoken with Mr. Middlebrook's office yesterday.
He advised they Council if they wish to approve the agreement in
substantially the form presented. Then he and the Village Manager
will take out item they feel do not belong in the agreement.
Assistant Mayor Blank referred to the agreement were to the hourly
charge and a profit of 150% was added. He further stated he can
not understand this profit of 150%. Mr. Neida, Building Official.
explained he was present at the negotiations. He proceeded to
explain that the hourly rate was multiplied by a factor of 2.5,
which would multiply out to $15,375.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to defer this matter until the next meeting,
and the Village Manager to renegotiate this agreement. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
Mayor Blank; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin aye.
2. Occupational Licenses Equity Study Commission:
Mr. Treppeda stated the Village Clerk will explain this item to the
Council. Mrs. Horton explained according to the reform legislation
to Florida State Statute 205, the Council must appoint an Equity
Study Commission. This Commission will review the various
classifications and fees. She further explained this study must be
finished, and an amended Occupational License Ordinance be enacted
by October 1, 1995. She continued to explain by doing so the
Village would have the ability to increase the fees every two years
by 5%. But, if the Equity Study Commission is not appointed and
the Ordinance not amended, the Village Occupational License fees
would thus remain under State control and the State imposed
limitations, caps/freezes. She then proceeded to explain she has
spoken to the following business persons and they would be willing
to serve on this Equity Study Commission: Raj Singh, Tony Naboa,
Rich Lodes and John Koscher.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to appoint the Equity Study Commission, Raj
Singh, Tony Naboa, Rich Lodes and John Koscher be appointed to the
Commission. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye;
Councilman Hirschl aye; Councilman Taplin aye.
3. Professional Contract for Consulting Services:
Mr. Treppeda explained since the resignation of Mr. Desharnais the
Regular Council Meeting 5/17/94 6
Village has employed the services of C.A.P. Engineering to operate
the building department. He further explained the agreement would
provide for continued operation of the department within the
established budgetary parameters. He then proceeded to explain the
several advantages this arrangement would provide for the Village.
Mr. Treppeda explained there are two options, as to compensation,
lump sum fee of $5,400.00 or an hourly rate of sixty five dollars.
He further explained either option may be changed by a 30 day
written notice.
Discussion followed. Mayor Spiegel questioned if it would be
better to hire our own Building Official. Assistant Mayor Blank
questioned if C.A.P. Engineering would provide 5 days per week
coverage to the Village. Mr. Treppeda replied yes. Councilman
Boggess stated the arrangement would result in a savings to the
Village. Councilman Taplin questioned if Mr. Neida would be able
to attend the monthly meetings. Mr. Neida replied yes.
Sam Rosenfield. Bal Harbour 101 10155 Collins Avenue, stated he is
very much opposed to the Village not having a permanent Building
Inspector. He then proceeded the reasons for his opposition. He
further requested the fee options to be explained. Mr. Neida
explained the lump sum option is an average of the monthly invoices
to date. and there would not be a charge for overtime.
Dennis McGary, Bal Iiarbour Manor, stated he is also opposed to the
Village not hiring a permanent Building Inspector. He explained it
has been his experience that using consulting firms has not been
successful.
John Scala, 10225 Collins Avenue and 101 Biscay Drive, he stated
two building in the Village are not pulling permits for
improvements. He further explained if this engineering firm can
help enforce the building codes, he would have no objection. The
Council directed Mr. Treppeda to look into if there was any
violations for the Kenilworth House and Carlton Terrace.
Mr. Neida explained both he and his associate are certified by Dade
County and by the State of Florida. He further explained he would
be in charge, and either himself or his partner will service Bal
Harbour.
Mayor Spiegel suggested that while the Village has an Interim
Manager continue using the services of C.A.P. Engineering.
At the time the Village has a permanent Manager, and at that time
look into getting a permanent Building Inspector.
The Council directed Mr. Weiss to review the contract, and have
specified in the contract that only Mr. Nieda and his partner would
service the Village.
A motion was offered by Councilman Boggess and seconded by
Regular Council Meeting 5/17/94 7
Councilman Taplin to approve the agreement with the lump sum
compensation option. The motion carried with the vote as follows:
Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess
aye; Councilman Hirschl aye; Councilman Taplin aye.
4. Arthur Andersen & Co. - Consulting Services:
Mr. Treppeda explained in accordance with the terms of the
Village's State Revolving Fund Loan, a project close-out audit is
required. He then proceeded to request authorization to proceed.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to approve subject to an explanation by John Walker the
Finance Director. 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. Tree Replacements:
Mr. Treppeda explained the Village solicited replacement prices for
one date palm and one coconut palm. He further explained both
Melrose Nursery and Vila & Son quoted the same total price of
$7,900, with Bert Newcomb a higher quote of $8,050.
Assistant Mayor Blank questioned the date on Bert Newcombs quote
being several weeks after the other quotes. Mr. Wheldon explained
since both quotes received were the same, he contacted Bert Newcomb
to give the Village a quote.
Mr. Treppeda explained his recommendation is Melrose Nursery, at
this time he is requesting authorization to proceed, He further
explained the reason for recommending Melrose Nursery is they have
never been among the low bidders before.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to approve Melrose Nursery. 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. Keys to the Village:
Mr. Treppeda explained the current stock of letter openers is
nearly exhausted. Accordingly, Greenstone Roberts was requested to
review and offer a recommendation as to a new key. He then
proceeded to display for the Council a sample key. The prices are
$17.60 each;, $14.75 for casing; felt box $5.00. Discussion
followed. It was the consensus of the Council that Mr. Treppeda
quotes on additional art work and different mounting samples for
the next meeting.
Regular Council Meeting 5/17/94 8
Craig Smith & Associates - Storm Drain Agreement:
Mr. Treppeda explained this project exceeded the threshold amounts
established by State Statute, and a request for proposals was
issued pursuant to the Consultants Competitive Negotiations Act.
He further explained following review of these proposals and
presentations from qualified firms, Craig Smith & Associates was
ranked as the most qualified. He continued to explain the Council
has already authorized expenditures up to $1,000,000 from fund
balance toward completion of this project. A grant application has
been filed with the South Florida Water Management District for
remaining funds, which is approximately $150,000. Mr. Treppeda
then proceeded to request authorization to proceed with execution
of this addendum.
Mr. Weiss explained he has reviewed this agreement, and there are
three changes to be made. Which are, Section 8.4 delete word
engineer insert owner; Section 8.7.1 delete the word solely; delete
8.7.2 and 8.7.3.
Mr. Gene Shinner, Assistant Vice President of Craig Smith &
Associates, explained it is a lump sum contract. He further
explained phase one, task one is $82,700; task two $9,800; task
three $37,500. He continued to explain the different tasks.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve the interim Village manager to
proceed with execution of the addendum. The motion carried with
the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye: Councilman Taplin
aye.
11. Other Business:
John Walker, Finance Director, explained Arthur Andersen Sewer
Station project close out fee request. He explained when the
Village initially entered into the loan agreement with the State.
they required that at the end of the last year there had to be a
separate close out audit. He continued to explain he tried to get
this requirement waved, but the State refused. Assistant Mayor
Blank questioned if he felt the fee requested is reasonable. Mr.
Walker replied yes.
Richard Olsen explained he has been contacted by Tom Glick for the
Village to participate in mediation session with the City of North
Miami. Discussion followed. It was the consensus of the Council
for Mr. Olsen go back to Bay Harbor Islands Council and address the
issue.
Charles Brown explained he spoke to Mrs. Schindler, and she
explained the $27,000 appropriated by Bay Harbor Islands was not
designated for John Fletcher.
Regular Council Meeting 5/17/94 9
7. Craig Smith & Associates - Storm Drain Agreement:
Mr. Treppeda explained this project exceeded the threshold amounts
established by State Statute, and a request for proposals was
issued pursuant to the Consultants Competitive Negotiations Act.
He further explained following review of these proposals and
presentations from qualified firms, Craig Smith & Associates was
ranked as the most qualified. He continued to explain the Council
has already authorized expenditures up to $1,000,000 from fund
balance toward completion of this project. A grant application has
been filed with the South Florida Water Management District for
remaining funds, which is approximately $150,000. Mr. Treppeda
then proceeded to request authorization to proceed with execution
of this addendum.
Mr. Weiss explained he has reviewed this agreement, and there are
three changes to he made. Which are, Section 8.4 delete word
engineer insert owner; Section 8.7.1 delete the word solely; delete
8.7.2 and 8.7.3.
Mr. Gene Shinner, Assis\lant Vice President of Craig Smith &
Associates, explained it \js a lump sum contract. He further
explained phase one, task She is $82,700; task two $9,800; task
three $37,500. He continued tp explain the different tasks.
A motion was offered by Counci..Iman Hirschl and seconded by
Councilman Boggess to approve th• Interim Village manager to
proceed with execution of the, addens m. The motion carried with
the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirsc l aye; Councilman Taplin
aye
11. Other Business:
John Walker, Finance Director, explained Arthu Andersen Sewer
Station project close out fee request. He exp ained when the
Village initially entered into the loan agreement 'th the State,
they required that at the end of the last year ther had to be a
separate close out audit. He continued to explain he ied to get
this requirement waved, but the State refused. Assis ;nt Mayor
Blank questioned if he felt the fee requested is reasona e. Mr.
Walker replied yes.
Richard Olsen explained he has been contacted by Tom Glick for the
Village to participate in mediation session with the City of No th
Miami. Discussion followed. It was the consensus of the Council
for Mr. Olsen go back to Bay Harbor Islands Council and address the
issue.
Charles Brown explained he spoke to Mrs. Schindler, and she
explained the $27,000 appropriated by Bay Harbor Islands was not
designated for John Fletcher.
Regular Council Meeting 5/17/94 9
John Scala referred to an article about North Bay Village amending
their code to allow businesses to be conducted from residential
properties. He requested the Village explore this issue. Mr.
Weiss was given a copy of the article and will report back to the
Council
Dennis McGary, Bal Harbour Manor, questioned the gate that is to be
placed on Harbour Way. He further stated the owners of apartments
will be denied access to the gate. Mr. Olsen explained the reason
for the gate being installed. He further explained the plans were
approved by the Architectural Review Board.
Discussion was held in reference to the Village Manager resumes.
It was the consensus of the Council that Mr. Weiss, Mr. Treppeda
and Mrs. Horton select 5 City Managers to review the resumes and
recommend 10 applicants.
12. Adjourn:
There being no further business to come before the Council. a
motion was offered by Councilman Boggess and seconded by Assistant
Mayor Blank to adjourn. The motion carried unanimously (4-0), with
Councilman Taplin absent, and the meeting adjourned at 12:05 p.m.
Attest:
»
Mayor tstelle Stern Spiegel
Jeanette Horton, CMC/AAE
Village Clerk
1 Councilman Taplin left the meeting at this tim
Regular Council Meeting 5/17/94 10