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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: Regular Council Meeting 6/21/94 1 .LU 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 Regular Council Meeting 6/21/94 2 .L O 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 Regular Council Meeting 6/21/94 3 1b4 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 Regular Council Meeting 6/21/94 4 100 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 Regular Council Meeting 6/21/94 5 lbb 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 Regular Council Meeting 6/21/94 6 101 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 Regular Council Meeting 6/21/94 7 166 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 Regular Council Meeting 6/21/94 8