HomeMy Public PortalAbout1994-06-21 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - JUNE 21, 1994
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, June 21, 1994, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:35 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
Stephen Helfman, Deputy 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 Councilman Boggess to approve the minutes
of the May 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 Boggess and seconded by
Councilman Taplin to approve the minutes of the May 17, 1994,
Regular 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: None
4. Public Hearings: None
5. Ordinances - Second Reading/Public Hearing: None
6. Ordinances - First Reading: None
7. Resolutions: None
8. Reports and Recommendations:
A. Mayor and Council:
1. Village Manager Selection Results:
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Mayor Spiegel explained the Village Manager Selection Committee had
selected ten applicants for consideration by the Council. However,
one of the applicants has since accepted another position.
Assistant Mayor Blank stated he had reviewed all of the
applications received, and had chosen 5 of the 10 that the
Committee selected. Mayor Spiegel explained the procedure that was
followed when Mrs. Morris was selected Village Manager. Such as,
selecting three or four applicants and send them for a
physiological test, and schedule interviews. Discussion followed
as to the procedure on selecting three or four applicants.
Councilman Boggess stated in his opinion Mr. Rozansky should not be
on the final list. He further stated his reasons for the Council
to consider only Florida applicants. Mayor Spiegel agreed. After
much discussion the Council decided on the following five
applicants:
Lee R. Evett, Juptier
Edward A. Gross, Indiatlantic
Samuel H. Halter, Melbourne
Patrick D. Miller, Palm Springs
Ralph K. Hester, Holly Hill
Mr. Helfman suggested in advance of the interviews, a background
check should be conduced and written references be submitted. It
was the consensus of the Council to schedule a special meeting for
the interviews July 18 at 3:00 p.m., and to make a decision at the
regular meeting on July 19, 1994.
Re -appointment Members Resort Tax Committee:
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to re -appoint the Committee as it stands.
The motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
The Village Clerk was directed to notify the members of their re-
appointment, they are as follows:
Councilman Andrew Hirschl
Stanley Whitman, Bal Harbour Shops
Raj Singh, Sea View Hotel
Joseph Terzi, Sheraton Bal Harbour
Arthur Bouchard, Singapore
Discussion Bal Harbour Club:
Assistant Mayor Blank explained during the last six months there
have been rumors of the Bal Harbour Club's possibility of selling
their Ocean Front property. This property is now zoned Private
Club. However, the Resort Tax Revenue in the first eight months
has decreased, and the projection is that it will continue to
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decrease for the balance of the year. The question is how will
revenue be raised to pay for the increase in spending for Resort
Taxes. He further stated he would like to express his feelings as
to the best use of this property. He then proceeded to question
the attorney if it was appropriate for him to bring this tropic up
for discussion. Mayor Spiegel stated it is not appropriate,
because this is private property. Councilman Hirschl stated he
understands what Assistant Mayor Blank is saying, and ultimately
the zoning issue will come before this Council. Councilman Hirschl
then proceeded to question the attorney if the Council can require
a certain zoning on that piece of property. Mr. Helfman explained
the two basic ways properties obtain their zoning. One is the
Local Government puts the zon.ing on the property, and the other is
the property owner requests the zoning to be changed. He then
proceeded to explain there is a process by State law if the Local
Government initiates the zoning changes, and the Village Code
defines the process if the property owner requests a change.
Therefore, Local Government does have the power to zone real
property within its jurisdiction. However, yott must act
consistently with the Comprehensive Plan. Therefore, the Council
has the power to make land use and zoning decisions. Councilman
Boggess stated his understanding is that Ocean Front zoning can be
either for a Hotel or Condominium. This was verified to be
correct. Discussion followed as to hotels not being willing to
build, only manage.
B. Village Attorney:
Mr. Helfman explained at the last Council, meeting, his office was
requested to provide information regarding the ability of residents
wishing to conduct certain limited businesses from their home. He
further explained if the Council wishes to permit home occupations
the Code would have to amended. Councilman Boggess stated he can
see no point in pursuing this issue. It was the consensus of the
Council not to pursue this issue.
C. Village Manager:
Assistant Mayor Blank at this time commended Mr. Treppeda on the
excellent job he is doing as Interim Village Manager. The Council
agreed.
1. Village Hall Renovation/Americans with
Disabilities Act:
Mr. Treppeda explained at the last Council meeting, he was directed
to negotiate further with Middlebrooks & Associates, Inc. He
further explained they have lowered their fee by $1,000.00 without
cutting back on any services.
Mr. Westberg and Mr. Fernandez of the firm were present to answer
any questions the Council may have. Mr. Fernandez explained they
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have worked with Mr. Treppeda to arrive at the revised proposal.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to approve this proposal subject to the final
contract being reviewed by the Village Attorney. 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. Keys to the Village:
Mr. Treppeda explained the Council was advised that the stock of
our current letter -opener keys to the Village is running low. A
representative from Award Maker 'is present to show samples of
different mountings, and to answer any questions.
Mr. Bruce Yoskin, from the firm of Award Maker, Inc. explained the
different mountings and the cost related. It was the consensus of
the Council that the keys be mounted as needed, and that Greenstone
Roberts would supply the design, of a palm tree and sailboat, to
Award Maker.
3. Greater Miami Convention & Visitors Bureau/
Interlocal Agreement:
Mr. Treppeda stated the Resort Tax Committee has recommended that
the Village contribute $150,000.00 to the Bureau thi's year. He
further explained the Agreement specifies a contribution of
$100,000.00. However, last year the Village contributed
$150,000.00. He continued to explain the Interlocal Agreement is
self -renewing unless the Council gives notice 90 days before the
end of the term. The last day to give notice is July 1st. Mr.
Treppeda explained the Village has received an invoice for
$150,000.00 and direction from the Council is needed at this time.
Discussion followed as to the booklet put out by the Bureau, Bal
Harbour was not mentioned. Councilman Hirsc.hl explained that Mrs.
Rosenthal, an alternate member of the Committee, is on the Board at
the Bureau. Councilman Boggess explained he chaired the last
meeting of the Resort Tax Committee, and it was unanimous that the
Village fund the Bureau with a contribution of $150,000.00. He
further stated at the meeting Mrs. Rosenthal explained leads are
provided by the Bureau, but it is up to them to follow up.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Boggess to make a contribution of $150,000.00 to the
Greater Miami Convention & Visitors Bureau. The motion followed
with the vote as followed: Mayor Spiegel aye; Assistant Mayor
Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin aye.
Mr. Treppeda stated he sent a letter to the Bureau that the funds
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would not be released until the agreement has been signed, which
was not signed last year.
4. Landscape Architect Negotiations:
Mr. Trepedda explained at the last Council meeting, O'Leary Design
Associates was ranked as the most qualified to provide services to
the Village. He further explained Mr. O'Leary is requesting an
hourly rate increase from $85.00 per hour to $90.00 per hour. At
this time, a decision is needed to either accept or reject this
proposal.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Boggess to accept the proposal from O'Leary Design
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.
5. Request Approval of Resort Tax Budget:
Mr. Treppeda explained this was last brought before the Council at
the Regular meeting on March 15, 1994. At that time, the Council
deferred this back to the Resort Tax Committee for discussion of
Greenstone Roberts' fee. He further explained at their April
meeting, the Resort Tax Committee recommended that Greenstone
Roberts' fee remain at $7,500.00 per month for the remainder of
this fiscal year and that any increase would be negotiated for next
year. He then proceeded to request the Council's approval or
denial of the Revised Budget.
Councilman Hirschl stated the Resort Tax Committee discussed this
issue at length. They voted to keep the fee at the same level.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve the Revised Resort Tax Budget. The
motion carried with the vote as follows: Mayor Spiegel aye;
Assisatnt Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
6. Proposals for Conducting a Classification
& Compensation Study:
Mr. Treppeda explained according to Councils request, proposals for
the completion of a Salary and Benefit study were solicited. He
further explained he requested proposals for the general employees
only and all employees. He continued to explain three proposals
were received and David M. Griffith & Associates, Ltd. was the
lowest. The proposal was for general employees only $3,250.00, and
for all employees $4,600.00.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve the proposal of David Griffith in the
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amount of $4,600 for all employees. The motion carred with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
aye.
Mr. Trepedda requested the Council's approval to bring up one more
item at this time. The Council granted approval.
Mr. Treppeda distributed to the Council a letter he received from
John Fletcher. He further explained the Council had approved an
expenditure of $27,000 for Mr. Fletcher, at this time he is
requesting an additional $5,000 to conclude the appeal on the
Munisport/Amphitheater matter. It was the consensus of the Council
that Mr. Fletcher should come and speak to the Council directly.
10. Other Business.
Councilman Boggess referred to the letters the Councilhasreceived
in reference to the Visitor Industry Plan Conference. He further
explained the conference is being held June 24th at the Radisson
Mart Plaza Hotel. He feels a representative from Baf Harbour
should attend. It was the consensus of the Council that Mr.
Treppeda attend with Mr. Leshansky of Greenstone Roberts.
Councilman Boggess then referred to the letter received from David
Pearlson, Miami Beach Councilman, listing possible areas the
Village might share knowledge and effect some savings. He then
proceeded to request Mr. Treppeda to contact Mr. Pearlson is see
what he has in mind.
Mayor Spiegel referred to the' letter received in reference to the
County's proposal of building a Regional Library on 41st Street in
Miami Beach. Discussion followed as to keep funding the Surfside
Bal Bay library. It was the consensus of the Council that this
issue be in the next newsletter.
Mayor Spiegel stated Surfside has requested the Village pass a
Resolution urging the Dade County Commission and Administration to
increase the budget allotted for Beach cleaning and maintenance and
to institute a capital equipment program.
A motion was offered by Councilman and seconded by Councilman
Taplin that a appropriate Resolution be sent to the County
regarding beach maintenance. The motion carried with the vote as
follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman
Boggess aye;; Councilman Hirschl aye; Councilman Taplin aye.
Discussion was held on whether a Building Permit was necessary for
interior painting. The Council requested Mr. Helfman to research
this matter.
At 10:45 a.m. the meeting recessed to proceed with the Retirement
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Board Meeting.
The regular meeting of the Bal Harbour Village Council reconvened
at 11:10 a.m. 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 Taplin
Alfred Treppeda, Interim Village
Manager/Police Chief
Jeanette Horton, Village Clerk
As a quorum was sletermined to be present, the meeting
commenced.
9. Executive Session:
The purpose of this session is to discuss the litigatio of Case
Number 94-00623 Village of Bal Harbour v. City of North Miami. The
Village Clerk stated the following people will be in attendance:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Alfred Treppeda, Interim Village
Manager/Police Chief
Richard Olsen, Village Attorney
Gerald Richman, Attorney Floyd,
Pearson, Richman, Greer et al
C. Anthony Cleveland, Attorney
Oertel,Hoffman, Fernandez & Cole, P.A.
Kenneth E. Oertel, Attorney Oertel
Hoffman, Fernandez & Cole P. A.
At this time the Executive Session was convened 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 at 12:30 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
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Also present: Alfred Treppeda, Interim Village
Manager/Police Chief
Jeanette Horton, Village Clerk
11. Ad.iourn: There being 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 12:33 p.m.
Mayor stelle S ern Spi
Attest:
anette Horton, CMC/AAE
llage Clerk
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