HomeMy Public PortalAbout1995-11-21 Regular Meeting9.24
COUNCIL MINUTES
REGULAR MEETING - NOVEMBER 21, 1995
The regular meeting of the Bal Harbour Village Council was
held on Tuesday. November 21, 1995, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:31 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. Hirsch]
Councilman Sol M. Taplin
Also present: Alfred J. Treppeda, Village Manager
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
Boggess and seconded by Councilman Taplin to approve the minutes of
the October 13. 1995 Special Meeting. There being no additions or
changes, the motion carried unanimously (5-01. 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 October 24. 1995, Regular
Meeting. There being no additions or changes, the motion carried
unanimously (5-0). and the minutes were approved as submitted.
3. Presentations - Officer of the Month: None
4. Public Hearings:
The Village Clerk advised the Council that the owner of property
located at Parcel "B" Sunplat, in the B Business District of Bal
Harbour. more commonly known as 9600 Collins Avenue. is seeking a
variance from the requirements of Section 15-36(a) and 15-37 to
permit the change of copy in order to replace the existing Sunbank
signs to SUNTRUST as part of a corporate name change. Mayor
Spiegel then opened the Public Hearing.
Mr. Treppeda explained permission was granted for the signs to be
changed prior to this hearing. He further explained Mr. Noboa
signed a Hold Harmless agreement, in which he agrees to remove the
sign if the variance is not granted. There being no further
comments Mayor Spiegel closed the Public Hearing.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank that the variance be granted. The motion carried with
the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye:
Councilman Boggess aye; Councilman Hirschl aye: Councilman Taplin
aye.
Ordinances First Reading:
A. The ordinance was read. by title, by the Village
Clerk. authorizing the transfer of funds within the General Fund.
Mayor Spiegel then opened the Public Hearing for comments. There
being none. Mayor Spiegel closed the Public Hearing.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to enact this ordinance. 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
ORDINANCE NO. 406
AN EMERGENCY ORDINANCE OF BAL HARBOUR VILLAGE.
FLORIDA TRANSFERRING FUNDS RETROACTIVELY
WITHIN THE GENERAL FUND BUDGET FOR THE FISCAL
YEAR 1994-1995.
B. The ordinance was read. by title. by the Village
Clerk, implementing procedures outlined by the legislature in order
to remove the presumption of prejudice arising from ex-parte
communications in quasi-judicial proceedings, as well as providing
for procedures for disclosure of ex-parte communications. Mayor
Spiegel then opened the Public Hearing.
Mr. Weiss explained in the past it has been discussed about the
ability of the Council members to meet with either applicants or
opponents in zoning matters. This ordinance will allow a process
to disclose ex-parte communications. which would remove the
presumption of prejudice.
Councilman Hirschl asked for clarification on zoning changes. Mr.
Weiss replied if the zoning change applied to a specific area it
would be considered to be quasi-judicial. Therefore, a comment
would have to be made at the public hearing, before the vote.
disclose the communication. 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. 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
ORDINANCE NO. 407
AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA.
IMPLEMENTING PROCEDURES OUTLINED BY THE
LEGISLATURE IN ORDER TO REMOVE THE PRESUMPTION
OF PREJUDICE ARISING FROM EX-PARTE
Regular Council Meeting 11/21/95
COMMUNICATIONS IN QUASI-JUDICIAL PROCEEDINGS:
PROVIDING FOR PROCEDURES FOR DISCLOSURE OF EX-
PARTE COMMUNICATIONS. AND PROVIDING AN
EFFECTIVE DATE.
6. Ordinance Second Reading/Public Hearing: None
Resolutions: None
S. Reports and Recommendations:
Mayor and council: None
Village Attorney: None
Village Manager:
Replacement of Coconut Trees:
Mr. Treppeda explained two more coconut trees in the median have
died. He further explained the laboratory results have indicated
that the trees died from fusarium and bacteria, which is indicative
of wet soil conditions. He continued to explain that the Village
is beginning to lose some coconut trees in the residential area.
That Mr. O'Leary is meeting with an expert in lethal yellowing
from the State of Florida. since the tests that was done did not
rule out lethal yellowing. He then proceeded to request the
Council approve the purchase of two coconut trees from the low
bidder to replace the dead trees in the median on Collins Avenue.
These trees are estimated to cost $2,000 each.
Assistant Mayor Blank asked is there a guarantee on the trees in
the median. Mr. Treppeda replied the guarantee has expired.
Assistant Mayor Blank then asked about the guarantee on the trees
being planted at this time. Mr. Treppeda replied after completion
of the project they are guaranteed for 18 months.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to approve this expenditure. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
aye; Councilman Boggess aye: Councilman Hirschl aye; Councilman
Taplin aye.
Landscaping Project:
Mr. Treppeda explained at the November Resort Tax meeting, Mr.
Whitman brought up the fact that the Village never compared the 100
watt and 175 watt landscaping lights. He further explained Mr.
O'Leary is currently working with the supplier to obtain the
necessary components to convert two of the Village's lights to 175
watts for a lighting demonstration. He continued to explain he has
not received a final estimate for changing the 100 watt fixtures to
175 watts, but in changing the fixtures it would entail some
redesigning of the electrical plans. the retrofitting of all 100
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watt lights. which the Village has taken delivery of, additional
costs for the higher wattage components, additional fees for Vila
& Son and additional consultant fees. He then proceeded to explain
the supplier has indicated that the factory will not take back the
100 watt ballast modules which have already been shipped. They
also will not take back the 100 watt Venture lamps either as they
were shipped and installed in the fixtures. The Village would have
to take a loss on 300 ballast modules and lamps. which the Village
has already paid for. Mr. Treppeda stated the initial rough
estimate for changing to 175 watts is $171,390.00. At this time.
he requested direction from the Council as to how they wish to
proceed with the issue of 100 watt vs 175 watt lights. and do they
still wish to have a lighting demonstration.
Assistant Mayor Blank stated, in his opinion, he cannot see the
purpose in holding another lighting demonstration on the 175 watt
lamp. when it will cost more, as well as losing $70.000.00 on the
ballasts and lamps.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to keep the 100 watt lamps and not change to 175
watt lamps. The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Blank aye; Councilman Boggess aye:
Councilman Hirschl aye; Councilman Taplin aye.
Sheraton Beach Sand:
Mr. Treppeda explained the Sheraton Bal Harbour Hotel has suggested
placing their excess sand, from the pool area renovation. on the
beach. He further explained he has received a proposal from Rose
Engineering Contractors to screen and stockpile the excess sand on
the beach in an area to be designated by the Village. The cost
would be $11,800.00, since the sand is legally the property of the
Contractor. Therefore, the Village is obligated to deal with the
Contractor currently working for the Sheraton Bal Harbour. He then
proceeded to explain the contractor has begun moving the sand out
onto the beach, although they received no commitment. Mr. Treppeda
explained he met with Mr. Hoover of Dade County Beach Maintenance
who has agreed to spread the sand at no charge to the Village. At
this time, he requested approval of the expenditure of $11,800.00
from the Beach Reserve Fund to Rose Engineering for the screening
and relocation of 1500-2000 cubic yards of excess sand to the beach
for spreading.
Councilman Hirschl stated the Village should have had competitive
bids. Mr. Treppeda replied since the sand is legally the property
of the Contractor. either the Village takes the sand or he will
sell the sand to someone else.
Assistant Mayor Blank stated he and the Village Manager went to
look at the sand. which the Contractor has started to shift and
place on the beach. He further stated he cannot see paying almost
S12.000.00 for sand that will only cover a patch of the beach. He
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continued to explain he had a conversation with the Contractor who
owns the sand, and tried to explain why the Village should not have
to pay for the screening and placing of the sand. He then
proceeded to explain he would be willing to negotiate with the
Contractor for the screening of the sand and offered to settle for
half of the quoted price. However, this is up to the Council to
decide.
David Shetler, Rose Engineering Contractors. explained in the
contract his company has with the Sheraton Bal Harbour the excess
sand becomes their property. He further explained the price to
screen and relocate the sand is their cost.
Councilman Boggess asked how many truck loads of sand is there.
Mr. Shetler replied approximately 150. Councilman Boggess then
asked what could be accomplished with 1500 cubic yards. Mr.
Shetler replied 1500 cubic yards will cover an area 12" deep by 50
feet wide and 110 feet long, which is approximately 40.000 square
feet.
Mr. Valdes, General Manager Sheraton Bal Harbour, stated this was
proposed to the Village because of the lack of sand on the beach.
Councilman Taplin stated, in his opinion. the Sheraton Bal Harbour
should pay for the screening and relocation of the sand.
Councilman Boggess stated he feels the Sheraton Bal Harbour should
pay for the screening of the sand. since the Village has arranged
for the spreading.
Councilman Hirschl stated he also believes the Village has a
responsibility to help the Sheraton Bal Harbour with the beach, but
he is offended that this is a one bid issue.
Mr. Treppeda stated he was as concerned with the one bid, therefore
he spoke to the Village's Engineers, and also with Jim Hoover of
Dade County. and they both feet this was a fair price.
Bob Maute stated the Council would be making a mistake in improving
the beach in back of the Sheraton Bal Harbour when they have been
telling everyone that they are unable to get sand for
renourishment.
Councilman Hirschl asked how many days will it take to screen the
sand. Mr. Shetler replied it will take another five to six days to
screen all the sand.
The Council requested the opinion of the Village Attorney. Mr.
Weiss stated that this is a decision for the Council to decide.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Hirschl to work with the Sheraton Bal Harbour and pay
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5
$5.000.00 toward the cost of the relocation and screening of the
sand. The motion carried with the vote as follows: Mayor Spiegel
aye; Assistant Mayor Blank aye: Councilman Boggess aye; Councilman
Hirschl aye: Councilman Taplin aye.
Village Hall/Americans with Disabilities Act Renovations:
Mr. Treppeda explained . at this point, Phase 1 (Inventory). and
Phase 2 (Analysis & Recommendation), and Phase 3 (Architectural
Program Development) have been completed. He further explained he
has worked with Middlebrooks & Associates, and has come up with a
plan which would bring the Village into compliance. The estimated
cost to carry out this project is $200,000, which the Village has
budgeted for this project. At this time. the Council will need to
decide if they wish to have Middlebrooks & Associates continue with
the final phase of this project. which is:
Preparation of the construction documents
Bidding the project
Recommending the best qualified low bidder
to carry out the work
Therefore. at this time he requested the Council to authorize the
Village Manager to execute an addendum to the contract with
Middlebrooks & Associates.
Discussion followed. Mr. Guedes, of the firm Weiss Serota and
Heitman. addressed the Council and advised them the Village is past
the Federal Government's deadline for this work to be completed.
He further explained the deadline for completion was January 1995,
and that there have been several lawsuits for non compliance. He
then proceeded to explain the Americans with Disabilities Act. He
continued to explain the penalties are fines $50.000 on the first
occurrence and $100,000 on subsequent occurrences.
Assistant Mayor Blank stated the cost of $200.000.00 is not for
enlarging the building, but just providing changes within the
building in order to come into compliance. He further stated every
other City Hall has beautiful chambers. He then proceeded to
explain how the building could be expanded. which should be done
rather than spending the $200.000.00 for the changes that were
presented.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to expend the $200.000.00 that has been
appropriated, and authorize Middlebrooks & Associate to complete
the last phase of this project, and authorize the Village Manager
to execute an addedum to the existing contract. Discussion
followed. Councilman Taplin asked if this project can be done with
reduced cost. Jose Fernandez, Middlebrooks & Associates, replied
no. but this project can be done in several phases which would
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increase the cost. The motion carried with the vote as follows:
Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess
aye: Councilman Hirsch! aye; Councilman Taplin aye.
9. Other Business:
Mr. Weiss stated he has spoken to Mr. Valdes. General Manager of
the Sheraton Bal Harbour, who has agreed to pay the difference for
the relocation and screening of the sand.
10. Adjourn:
There being no further business to come before the Council, a
motion to adjourn was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to adjourn. The motion carried unanimously
(5-0). and the meeting adjourned at 10:50 a.m.
Attest:
anette Horton.
Village Clerk
Regular Council Meeting 11/21/95
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Mayor Estelle pieg 1