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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