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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 Regular Council Meeting 11/21/95 3 7 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 Regular Council Meeting 11/21/95 4 128 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 Regular Council Meeting 11/21/95 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 Regular Council Meeting 11/21/95 6 3() 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 i , � Mayor Estelle pieg 1