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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