HomeMy Public PortalAbout1995-12-19 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - DECEMBER 19, 1995
The regular meeting of the Bal Harbour Pillage Council was
held on Tuesday. December 19. 1995. in the Council Chamber at Bai
Harbour Village Hail. The meeting was called to order 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. Taptin
Also present: Alfred J. Treppeda. Pillage 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
Tap lin and seconded by Assistant Mayor Blank to approve the minutes
of the November 14. 1995. Special :Meeting. There being no
additions or changes. 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 November 21. 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: Detective Jose
Andrade: Chief Freeman read from his memo. the
accomplishments of Officer of the Month for November 1995.
Detective Andrade. Detective Andrade was presented with a plaque
and a check for $100 from the Village.
4. Public Hearings: None
5. Ordinances First Reading: None
b. Ordinances Second Reading/Public Hearing: 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 es-parte communications in quasi-judicial
proceedings, as well as providing for procedures for disclosure of
es-parte communications. Mayor Spiegel then opened the Public
Hearing.
' Councilman Hirschl arrived during the approval of the
minutes
13E,
Assistant Mayor Blank stated after the notice was mailed to the
residents he received a number of calls asking for an explanation.
He suggested in the future a footnote he included in the notice
explaining.
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. He further explained the ordinance
provides that disclosure of communications be made at the public
hearing. before the vote on the issue.
Mr. Treppeda asked Mr. Weiss if it would be appropriate to ask the
Council before a vote if they had any communications. Mr. Weiss
replied yes. the clerk could ask, before the vote, if the Council
had any ex-parte communications or received any letters. 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
COMMUNICATIONS IN QUASI-JUDICIAL PROCEEDINGS:
PROVIDING FOR PROCEDURES FOR DISCLOSURE OF EX-
PARTE COMMUNICATIONS, AND PROVIDING AN
EFFECTIVE DATE.
Resolutions: None
S. FIU North Campus Importance in the Community, and FIU Cal
Kovens Conference Center - Elaine Gordon: Mayor Spiegel
explained Ms. Gordon called and canceled.
9. Beach Club Property - Timothy Cresci: Mr. Cresci. 259
Park Drive. addressed the Council and requested they authorize a
feasibility study to purchase the Private Club property. He
further stated that. if the property was purchased by the Village,
it could be turned into a civic center that would accessible to all
Villagers.
Richard Olsen. 224 Bal Bay Drive. addressed the Council and
explained a feasibility study was clone in 1987. when the property
was valued at $20 million. At that time. it was determined it was
Regular Council Meeting 12/19/95
not feasible to purchase the property. He then stated. if the
property was purchased by the Village, they would be taking a
property with the potential of $200 million taxable value and
removing it from the tax roll.
Assistant Mayor Blank stated the question is what it would cost for
the Village to purchase the property. He further questioned if
this would be done by eminent domain. or would the Village have to
pay the price which is being offered by outsiders. He further
stated this is something for the Village to think about. and if the
cost is $34 million. there is no way the Village could afford to
purchase the property.
Mr. Cresci stated in the past Mr. Whitman wanted to build a hotel
on the current Village property. He further stated the Village
would receive both resort tax and property tax from the hotel. The
Village could then build a Government Center on the Beach Club
property.
Discussion followed. Councilman Taplin stated he doubted there is
any way the Village could come up with $34 million to purchase the
property. Councilman Hirschl stated at this time a study is
premature. Councilman Boggess stated it is not possible for the
Village to purchase the property.
Charles Orlento, 10205 Collins Avenue, stated the Council is the
one who grants the value of $34 million to the property. if they
approve the building of condominiums. He further stated he does
not feel the Council has explored the impact on the Village.
Mayor Spiegel asked if the Council was interested in undertaking a
feasibility study on this matter. It was the consensus of the
Council that a feasibility study is premature.
10. Reports and Recommendations:
Mayor and Council: None
Village Attorney: None
Village Manager:
Reappointment of Special Masters: Mr. Treppeda explained
pursuant to Section 2-182 of the Bat Harbour Village Code, the
Village Manager may reappoint Special Masters. subject to
ratification of the Village Council. He further explained the
Village's current Special Masters, Darcee Siegel and Benjamin
Oremland. are wilting to serve another term. He then proceeded to
request the Council ratify his reappointment of Darcee'Siegel and
Benjamin Oremland as Special Masters for another one year term.
A motion was offered by Councilman Hirschl and seconded by
Regular Council Meeting 12/19/95
Councilman Boggess to ratify the Village Manager's reappointment of
the Special Masters. The motion carried with the vote as follows:
Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess
aye: Councilman Hirschl aye; Councilman Taplin aye.
Fourth of July Fireworks: Mr. Treppeda explained he has
received the contract from Zambelli Internationale for the
Village's annual Fourth of July fireworks display on the beach. He
further explained the terms and conditions are the same as prior
contracts. He continued to explain that the Village Attorney's
office has reviewed the contract and recommended changes which were
made as an addendum to the contract. He then proceeded to explain
the total cost for the fireworks display is $16,200.00. By
remitting a deposit payment of 50% along with the signed contract
by December 31st. the Village would be entitled to receive 15% in
bonus materials.
At this time. Mr. Treppeda requested the Council authorize him to
enter into an agreement with Zambelli Internationale to produce the
Village's annual Fourth of July fireworks display. Authorize the
expenditure of $$.100.00 by December 31st and the remainder of
$8.100.00 after the fireworks display.
Councilman Taplin asked if the fireworks display will be off a
barge. Mr. Treppeda replied no, the fireworks display will be off
the jetty. Assistant Mayor Blank asked if this display has
anything to do with the planned display at the Sheraton Bal
Harbour. Mr. Treppeda replied no.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to authorize the Village Manager to sign the
contract and for the expenditure of $5.100.00 now and the balance
of $8.100.00 after the fireworks display. The motion carried with
the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye:
councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin
aye.
Contract Renewal for Greenstone Roberts Advertising: Mr.
Treppeda explained the current contract between Ba1 Harbour Village
and Greenstone Roberts Advertising expires on December 31. 1995.
The proposed contract for 1996 is identical to the 1995 contract
except for the dates. He further explained the Village Attorney's
office has reviewed the contract and has no problem with it. Mr.
Treppeda then requested the Council authorize him to renew the
contract for another year beginning January 1. 1996 through
December 31. 1996. He then proceeded to explain the Resort Tax
Committee discussed this at their December meeting and agreed with
the renewal of the contract.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to authorize the Village Manager to renew the
contract. The motion carried with the vote as follows: Mayor
Regular Council Meeting 12/19/95 4
aor
Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye:
Councilman Hirschl aye; Councilman Taplin aye.
Approval of Beer and Wine License for Laposse Cafe: Mr.
Treppeda explained the Village's zoning code requires Council
approval for an establishment which plans on serving alcoholic
beverages. He further explained Mr. Juan Casas. President of E1
Globo of North America. Inc., plans on opening a new restaurant
called Laposse Cafe in the Bal Harbour Shops. He continued to
explain they plan on serving beer and wine at the restaurant:
therefore. Council approval is needed for the Village's Building
Official to sign the portion of the license indicating that this is
consistent with the Village's zoning code. Therefore. at this
time. he is requesting authorization for the Village's Building
Official to sign the license. which would permit Laposse Cafe to
serve beer and wine.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Boggess to authorize the Building Official to sign the
license which would permit the serving of alcoholic beverages for
the Laposse Cafe. The motion carried with the vote as follows:
Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess
aye: Councilman Hirschl aye: Councilman Taplin aye.
Performance Bonuses for 1995: Mr. Treppeda explained the
total cost to the Village for the 1995 Employee Performance Bonuses
is $24.906.36. He further explained this represents an increase of
$321.36 over last year's bonus. and the average bonus is 3.5?".:. He
then proceeded to explain he created a new evaluation form which
shows clear objectives for each rating category. The rating
categories are: Attendance. Demeanor. Work Performance. and
Dependability. He continued to explain the final bonus percentage
is derived from averaging the ratings of each of the categories.
Mr. Treppeda then requested Council approve the expenditure of
$24,906.36 for Employee Performance Bonuses.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to approve the expenditure. Discussion followed.
Councilman Boggess commended the Village Manager for the way he
handled the ratings this year. The motion carried with the vote as
follows: Mayor Spiegel aye: Assistant Mayor Blank aye; Councilman
Boggess aye: Councilman Hirschl aye: Councilman Taplin aye.
Request for approval of an additional $50,000.00 for the
Phase 11 Landscaping Project: Mr. Treppeda explained
that on October 24. 1995. the Council approved a total of
$1,750,000.00 for this project. At that time. it was made clear
that some of the costs were only estimates. He continued to
explain the total trees for the project is 107. and the completion
date of the project has been extended until March 1996. He then
proceeded to request approval of an additional $50.000.00. which
the Resort Tax Committee approved at their last meeting. The
Regular council Meeting 12/19/95
additional funding is for four trees to be planted at the Sheraton
Bal Harbour bus stop area.
Councilman Taplin commented on Mr. O'Leary's fee of $90.00 per hour
for overseeing this project. Mr. Treppeda explained the agreement
the Village has with Mr. O'Leary is for an hourly rate. but in the
future it would be based on a percentage or have a cap not to
exceed a certain amount.
Councilman Taplin asked Mr. O'Leary at what time will the increase
in cost stop. since the cost is up to $1.8 million. He further
stated in his opinion no more improvement is necessary. Mr.
O'Leary replied any more improvement can be stopped at any time.
He then proceeded to explain the last time he appeared before the
Council he estimated the project to be completed in January.
Because of the additional work and the correction of problems with
the electrical service, the projection for completion is now March
1996. He continued to explain this now involves an additional two
months of work for the contractor and monitoring of the project, as
well as completing an as - built set of plans.
Assistant Mayor Blank referred to the consulting fees to finish the
project was originally $110.000.00. but there is an additional
consultant fees of $38,000.00 for the utility conflict. He
continued to explain this would not include the additional
consultant fees for the two months this project is extended. He
believes that the consultant should give a little bit to Bal
Harbour for the amount of work they have gotten from Bal Harbour
over the years. He then stated. in his opinion. any additional
work the consultant fee should be on a percentage bases with a cap.
Mr. O'Leary stated the consultant fees also included the consultant
fees for Craig Smith & Associates and Bailey Engineering. He
further explained Craig Smith & Associates handled the civil
engineering and utility coordination of the project. Bailey
Engineering Consultants handled the electrical engineering for the
project.
Councilman Hirschl explained the additional funding of $50.000.00
was discussed by the Resort Tax Committee. and the Sheraton Rat
Harbour expressed they would like to see the trees planted. At
which time, there was a unanimous vote to recommend to the Council
the additional funding. He then proceeded to explain he spoke to
the Village Manager in reference that there are no trees in front
of the Majestic. which is the only property that does not have
trees. The Village Manager stated the trees were not included in
the project, since the developer requested they not be included
because they could be damaged. Councilman Hirsch( explained he
requested the Village Manager research the minutes to see if this
issue was ever discussed by the Council. The Village Manager
reported to him there was nothing in the minutes nor on the tapes
that this was ever discussed. He further explained he reviewed his
Regular Council Meeting 12/19/95
6
7 Ca'
copies which shows trees placed at the Majestic site. Chese trees
should be planted now. and if they are damaged. the developer
should replace them. since they will be on the Village easement.
He then asked Mr. O'Leary to address this issue.
Mr. O'Leary stated when he was putting together the construction
plans it was requested by the developer to please not plant these
trees. Therefore, the plans that were bid on did not include trees
for the Majestic. Councilman Hirschl stated that was a later plan,
because the project was approved at the 1.5 million with the trees
included. He further stated trees were shifted to different
locations: therefore. they were shifted from the Majestic.
Assistant Mayor Blank stated the Majestic trees were discussed. and
Mr. Oren requested the trees not be planted. Mr. O'Leary explained
he viewed the site, with the Village Manager and the developer.
The developer explained his reason for not wanting the trees
planted at this time was that a large sewer line will be installed
very close to the sidewalk. Therefore. as they dig the sewer line
there is no way to avoid damaging the trees.
Councilman Hirschl stated the Village now has no idea of the cost
for planting trees; therefore, in two years the cost may be triple.
Mr. Treppeda then distributed to the Council the estimated cost for
the addition of the trees at the Majestic. He further explained
the total cost is $84.705.00 with a consultant fee not to exceed
$16.000.00. Mr. O'Leary stated he is willing to work with the
Village in regard to his fees, but he cannot speak for the other
consultants.
Mr. O'Leary explained when he went to California he visited
numerous fields. He further explained he has spoken to the
supplier and has been assured that eighteen months from now we
would be able receive trees that match the existing.
Assistant Mayor Blank stated he agrees the Sheraton Bal Harbour and
the Majestic should have the trees as are along the rest of Collins
Avenue. In his opinion. the trees at the Majestic should not be
planted until the construction of the building is completed.
Councilman Boggess asked Mr. O'Leary if he is the Landscape
Architect for the Majestic. Mr. O'Leary replied yes. Councilman
Boggess then asked Mr. O'Leary if it would be possible to include
8 Medjooi palms in their landscaping plan. Mr. O'Leary replied he
cannot answer that question. In his opinion. the Council should
speak to the Majestic on that issue. Councilman Boggess stated
since the Village cooperated with the developer by not planting the
trees now. therefore the developer should plant them at the
appropriate time.
Mr. Treppeda stated the developer was expecting the Village to
contribute to the grand entrance from surfside. Councilman Hirschl
Regular Council Meeting 12/19/95
18
stated at the time the variances were granted the landscape
rendering showed a forest at that corner. as a trade off for the
setbacks that were granted.
Councilman Boggess stated in his opinion, the issue of trees at the
Majestic be addressed two years from now.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve the additional $50.000.00 for this
project. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye;
Councilman Hirschl aye: Councilman Taplin aye.
Mr. O'Leary then proceeded to recommend to the Council Wedelia be
utilized as ground cover instead of the Wax Jasmine. He then
proceeded to explain his reasons for this recommendation, which is
that there are very small spaces to work with between the light
fixtures and the sidewalk. He further explained the Wedelia grows
much better than the Wax Jasmine in small tight spaces.
Mr. Whitman asked Mr. O'Leary what he is planning to plant in the
swale area. Mr. O'Leary replied new grass.
It was the consensus of the Council that the Village Manager. Mr.
Wheldon, Mr. O'Leary. and Mr. Whitman should meet and decide on the
ground cover.
Beach Renourishment: Mr. Treppeda explained several
months ago Councilman Taplin requested him to get in touch with the
engineer who worked for the Village on the first renourishment
project. He further explained a few weeks ago Mr. Von Oesen, who
was the engineer, walked into Village Hall. He continued to
explain he held a meeting with Mr. Von Oesen and Councilman Taplin
to discuss the beach renourishment issues. He then proceeded to
explain he has received a proposal from Mr. Von Oesen for
accomplishing a renourishment of the Village's beach at an early
date in the amount of $21,000.00. He further explained at this
time he is not asking for Council approval for this expenditure.
Mr. Treppeda explained in 1973 the Village sent out divers to
locate a sand source offshore which was utilized to renourish our
beach. At this time, he explained that he is waiting for a reply
to his letter to the Army Corps of Engineers, in which he requested
if they would be inclined to work with the Village if the Village
finances the sand search. He then explained once he receives a
response from the them he will advise the Council.
11. Other Business: Rea Stoppa, 77 Camden Drive. stated
there has been a breach of security in the residential district
with a letter being delivered at night through the back gate. She
requested the Council look into this matter.
Regular Council Meeting 12/19/95 $
Charles Brown. President of the Civic Association. stated he would
take care of, this matter. and he has already spoken to the guards
at the gate»
Bob Maute asked the Council if anything can be done about
deliveries being done at night. The Council explained there is no
ordinance on record that would prevent the deliveries.
Councilman Boggess stated the Village Manager and Village Clerk arc
not included in the General Employees Performance Bonuses. A
motion was offered by Councilman Boggess and seconded by Councilman
Hirschl that a Performance Bonus of $500 be given to the Village
Manager and a 3d to the Village Clerk. The motion carried with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye:
Councilman Boggess aye: Councilman Hirsch] aye; Councilman Taplin
absent.
Mr. Rosenthal. Vice President of the Gold Coast Chamber of
Commenrce. explained this past Saturday the 16th Annual Children's
party was held at the Bay Harbor Islands Elementary School. He
explained he feels that the Council should know the Village was
represented by the Village Manager and Village Clerk.
12. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Hirsch; and
seconded by Councilman Boggess to adjourn. The motion carried
unanimously (4-0) with Councilman Taplin absent. and the meeting
adjourned at 11:12 a.m.
Mayor Estelle
Attest:
i
f� !-C'f/f�L.11r'
,Jeanette Horton, CMC/AAE
Village Clerk
ege
Councilman Taplin left the meeting during this discussion
Regular Council Meeting 12/19/95