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COUNCIL MINUTES
REGULAR MEETING - FEBRUARY 20, 1996
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, February 20, 1996, in the Council Chamber at Bal
Harbour Village Hall. the meeting was called to order by Mayor
Spiegel at 9:33 a.m. The roll was called and those present were:
Mayor Estelle Spiegel
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
Absent: Assistant Mayor Matthew B. Blank
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 January 16, 1996, Regular Meeting. There being no additions or
changes, the motion carried unanimously (4-0), with Assistant Mayor
Blank absent, and the minutes were approved as submitted.
A motion was offered by Councilman Boggess and seconded by Mayor
Spiegel to approve the minutes of the January 16, 1996, Workshop
Meeting. There being no additions or changes, the motion carried
unanimously (4-0), with Assistant Mayor Blank absent, and the
minutes were approved as submitted.
3. Presentations - Officer of the Month: None
4. Public Hearings: None
5. March 15th Birthday Event - Susie Safie of the Miami
Proiect: This item was deferred until later in the
meeting, since Ms. Safie had not arrived at this time.
6. Ordinance First Reading/Public Hearing: This item was
deferred until later in the meeting, since Mr. Miller had not
arrived at this time.
7. Ordinance Second Reading/Public Hearing: None
S. Resolutions:
A. The resolution was read, by title, by the Village
Clerk, requesting funding for the preservation and repair of the
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State's beaches.
Mr. Treppeda explained he received a letter from the Florida Shore
and Beach Association requesting the Village adopt this Resolution.
A motion was offered by Councilman Taplin and seconded by
Councilman Boggess to adopt this resolution. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
absent; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye; thus becoming
RESOLUTION NO. 523
A RESOLUTION OF THE VILLAGE OF BAL HARBOUR
REQUESTING THE 1996 FLORIDA LEGISLATURE TO
PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION
AND REPAIR OF THE STATE'S BEACHES, TO
RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL
PROJECTS, AND TO IDENTIFY A LONG TERM
DEDICATED FUNDING SERVICE.
B. The resolution was read, by title, by the Village Clerk,
approving an employment agreement between Bal Harbour Village and
Jeanette Horton.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to adopt this resolution. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
absent; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye; thus becoming
RESOLUTION NO. 524
A RESOLUTION OF BAL HARBOUR VILLAGE APPROVING
EMPLOYMENT AGREEMENT BETWEEN BAL HARBOUR
VILLAGE AND JEANETTE HORTON FOR SERVICE AS
VILLAGE CLERK OF BAL HARBOUR VILLAGE;
PROVIDING FOR AN EFFECTIVE DATE.
6. Ordinance First Reading/Public Hearing:
The ordinance was read, by title, by the Village Clerk, amending
Chapter 21 "Zoning" of the Bal Harbour Village Code. Mayor Spiegel
then proceeded to open the public hearing.
Mike Miller, Planning Director of Craig A. Smith & Associates,
addressed the Council, and then proceeded to summarize the
ordinance. He further explained this ordinance was presented to
the Bal Harbour Civic Association and the Architectural Review
Board for their review and comments. He continued to explain,
after several meetings with the Architectural Review Board, the
ordinance satisfies the Board. Mr. Miller commented they are the
Village's primary reviewers of all additions and new construction
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163
that are built in the Village.
Mr. Treppeda explained Mr. Nieda could not be present today, but he
supports the adoption of this ordinance on first reading.
Mr. Weiss explained the second public hearing must be after 5:00
p.m. and if the Council has further questions it could be addressed
at that time.
Councilman Taplin stated this ordinance addresses all of the items
that have come up before the Architectural Review Board. There
being no further comments, Mayor Spiegel closed the public hearing.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to enact this ordinance. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
absent; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye; thus becoming
ORDINANCE NO. 408
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA
AMENDING CHAPTER 21 "ZONING" OF THE BAL
HARBOUR VILLAGE CODE BY AMENDING DEFINITIONS
AS TO BUILDING HEIGHTS AND STREET GRADES,
AMENDING THE R-1 SINGLE FAMILY RESIDENTIAL
DISTRICT ZONING REGULATIONS TO REVISE REAR AND
SIDE SETBACK REQUIREMENTS, MAXIMUM BUILDING
HEIGHT, HEIGHT LIMITS FOR GARAGES AND SERVANT
QUARTERS, LOT COVERAGE RATIO; AND AMENDING THE
R-2 SINGLE FAMILY RESIDENTIAL DISTRICT ZONING
REGULATIONS TO REVISE THE REAR SETBACK
REQUIREMENT, HEIGHT FOR SIDE SETBACKS AND LOT
COVERAGE RATIOS; AND REVISING BUILDING HEIGHT
MEASUREMENT CRITERIA FOR R-1 AND R-2 SINGLE
FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, PENALTY
AND AN EFFECTIVE DATE.
9. Time of March 19th Regular Meeting: Mayor Spiegel
questioned since the second reading and public hearing on the
amendment to Chapter 21 must be after 5:00 p.m., would the Council
have any objection to commencing the March 19th regular meeting at
4:00 p.m. There was no objection; therefore, the March 19th
regular meeting will commence at 4:00 p.m.
10. Reports and Recommendations:
A. Mayor and Council:
Mayor Spiegel stated that Mr. Treppeda will make a report under
other Business on the meeting they had with Mr. Flynn about beach
renourisment.
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164
B. Village Attorney:
Mr. Weiss explained his office is working on finalizing the
documents on the easements along Collins Avenue. He further
explained when the documents are completed they will be turned over
to the Village Manager to obtain signatures. This will give the
Village certain easements that was assumed the Village had all
along.
C. Village Manager:
Purchase of New Computers and Expansion of Network:
Mr. Treppeda explained the present computers are outdated and are
not capable of running current software applications. He continued
to explain after discussions with several companies, the Village's
Purchasing Agent developed specifications and compared prices of
three companies to provide the Village with the following:
Ten (10) new computers to replace the outdated ones
Connect Village Hall computers to existing Police Department
network
Provide tape backup systems for network
Provide Novell Perfect Office software
Provide installation of all equipment
He then proceeded to explain the Village received the following
proposals:
Computer Ease, Inc. $16,528.00
Magic Box, Inc.
Total Network Systems
$20,865.00
$20,188.00
At this time, Mr. Treppeda requested the Council approve awarding
this job to the low bidder, Computer Ease, Inc. Also, authorize
$265.00 per month for the remainder of this fiscal year for a
service/maintenance agreement.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to award this job to Computer Ease, Inc. and
authorize the expenditure of $265.00 per month for a
service/maintenance agreement. The motion carried with the vote as
follows: Mayor Spiegel aye; Assistant Mayor Blank absent;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
aye.
Treatment of Coconut Trees for Lethal Yellowing:
Mr. Treppeda explained lethal yellowing has killed five of the
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coconut trees in the center median. The Village currently has 190
coconut trees in the center median, and the cost of these trees
range from $2,000.00 to $2,500.00 each. Therefore, the Village's
investment is approximately $475,000.00. He continued to explain
a root drenching program was begun recently, since it was thought
that a fungus was attacking the trees. He explained Mr. O'Leary
met with an expert from the University of Florida, and it was
determined that lethal yellowing was actually responsible for the
death of the trees. He then proceeded to explained lethal
yellowing has also killed a large number of coconut trees which
were planted in the Residential Area by the Village. The cost of
the Village's investment in these trees is approximately
$55,200.00. At this time, Mr. Treppeda requested the Council
authorize Terramycin injections for the 190 coconut palm trees in
the center median, at $14.00 per tree. The total cost is $2,660.00
per tree and would be paid from Resort Tax Funds. Also, authorize
Terramycin injections for 230 Village planted coconut trees in the
Residential Area, with a total cost of $3,220.00, which would be
paid out of the General Fund.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to authorize the Terramycin injections. The
motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank absent; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
Award of Contract for Drilling of Wells for Storm Drain
Project:
Mr. Treppeda explained the bid opening for the Stormwater
Injection Well Project was held on February 12th. The following
four bids were received:
Jaffer & Associates
Gimrock
Well Water Systems, Inc.
All Webb's Enterprises, Inc.
$175,000.00
$175,640.00
$216,500.00
$226,500.00
Mr. Treppeda explained the engineering firm, Craig A. Smith &
Associates, recommends that the contract be award to Jaffer &
Associates, which is the low bidder at $175,000.00. At this time,
he requested the Council award the contract for drilling of the
eight stormwater drainage injection wells to Jaffer & Associates.
He explained they will utilize the rotary drilling method, which is
most desirable in limiting disturbance of nearby residents.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to award the bid to Jaffer & Associates. The
motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank absent; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
At this time, the representative from The Miami Project arrived.
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5. March 15th Birthday Event:
Ms. Marla Bercuson, Special Events Consultant for The Miami
Project, addressed the Council and explained the event which will
be held on Friday, March 15, 1996. She explained this will be a
fun filled evening amid tropical waterfalls of the Sheraton Ba1
Harbour. The cost of a ticket is $125.00 of which $75.00 will go
to The Miami Project to Cure Paralysis. There will be gourmet
dinner buffets and open bars; Mike Love, lead singer of the Beach
Boys; United States premier fashion showing of Gianni Versace's
Spring/Summer 1996 collection; The Pink Flamingos, Jazz Sensation
Lola; spectacular fireworks; fashion show and silent auction by Bal
Harbour Shops; and there will be complimentary valet parking. Ms.
Bercuson explained the dress will be causal chic.
At this time, the Council returned to the Village Manager's Report.
C. Authorization for Craig A. Smith & Associates
to prepare a Transportation Element for the
Comprehensive Plan:
Mr. Treppeda explained, in accordance with Florida State Statute
Chapter 163.3177 (6) (1) and Rule 9J-5.019, the Village is required
to add a Transportation Element to replace the existing Traffic
Circulation Element to the Village's Comprehensive Plan. He
continued to explained Mr. Miller, the Village's Planner, has
provided him with a proposal for preparation and processing of the
Comprehensive Transportation Element, which is $15,580.00. At this
time, he requested the Council authorize Craig A. Smith &
Associates to prepare and process a Transportation Element for the
Village's Comprehensive Plan, as required by State Law, at the cost
of $15,580.00.
Councilman Taplin asked Mr. Miller if there are grant funds
available. Mr. Miller replied not at this time, but the
legislature may appropriate grant funds in the upcoming session.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve this expenditure. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
absent; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye.
11. Other Business:
Mayor Spiegel asked what is the status of the ADA renovations to
Village Hall. Mr. Treppeda replied he has spoken with Middlebrooks
& Associates and advised him they are formalize to all the
drawings. He stated he will advise the Council as soon as there is
some progress made.
Councilman Taplin stated the Village must make a move and go ahead
and send someone out to locate a sand source. Mayor Spiegel stated
in the meeting with Mr. Flynn he explained about the sand source
off Bakers Haulover Inlet, Ebb Shoal. She continued to explain
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this ebb shoal may contain up to 1.4 million cubic yards of sand,
of which Ba1 Harbour would need one half million.
Mr. Treppeda explained a study must be done, and Mr. Fylnn
recommended that the Village offer to assist with the financing of
this study. He further explained the Village must deal with Dade
County on this and not the Army Corps of Engineers. The reason
being that Dade County is the partner with the Army Corps of
Engineers. He continued to explain the cost would be $10,000.00
and would be paid from the Beach Reserve. He proceeded to explain
he would have Mr. Weiss draw up an agreement that this would
benefit Bal Harbour now and in the future.
Discussion followed as to reserving more funds for beach
renourishment until the fund reaches three million. It was decided
that this is a Village Manager matter to be handled at budget time.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to work with Dade County to proceed with the
study at a cost of approximately $10,000.00, and the details to be
worked out through the Village Attorney. The motion carried with
the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
absent; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye.
Mr. Treppeda explained this next item was left off his report. He
further explained he is requesting approval of $7,500.00 for the
preparation and processing of the EAR -based amendments to the
Comprehensive Plan. Mr. Miller, of Craig A. Smith & Associates,
explained the Village's Evaluation and Appraisal Report (EAR) was
found sufficient by the Department of Community Affairs. He
explained the Florida Statutes require that within one year of a
community adopting their final EAR, they must amend the adopted
Comprehensive Plan to incorporate all items identified in the EAR.
He continued to explain most changes are replacing maps and
statistics, while others may require discussion such as restating
or creating new goals, objectives and policies. He then proceeded
to explain, during the Village's last budget preparation process,
he was asked to estimate the effort and cost of preparing this
amendment, which was $7,500.00.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to approve this expenditure not to exceed
$7,500.00. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Blank absent; Councilman Hirschl aye;
Councilman Boggess aye; Councilman Taplin aye.
Denis McGeary, Ba1 Harbour Manor, explained they will be replacing
the roof and asked about color schemes. Mr. Treppeda advised him
to speak to Mr.Nieda, the Village's Building Official.
Murray Rosenthal explained the injections for lethal yellowing will
Regular Council Meeting 2/20/96 7
not prevent the trees from dying only prolong the life of the
trees.
Mr. Treppeda introduced the new reporter from the Neighbors,
Debroah Franco.
Mr. O'Leary explained the progress of the Collins Avenue
Landscaping Project, and he expects the project to be completed by
March llth. He explained he will be meeting with Florida Power and
Light on February 21st.
Discussion followed. Councilman Boggess asked what will be used for
ground cover. Mr. O'Leary replied sod. Councilman Hirschl asked
about the warranty on the trees, and will the dead trees be
replaced. Mr. O'Leary replied eighteen months after the project is
completed, and the contractor has been put on notice to replace the
dead trees at no cost to the Village. Mayor Spiegel asked when
will the coconut palms that have died be replaced. Mr. O'Leary
replied he has a contractor looking for replacements. If they
cannot be found, he will request the Village Manager to put this
out to bid. Councilman Boggess asked if the Village should start
treating the Medjool palms with Terramycin. Mr. O'Leary replied
no. Councilman Boggess stated Mr. O'Leary should provide the
Village Manager with the rate of replacement for both the coconut
palms and Medjool palms.
12. Adiourn: There being no further business to come before
the Council, a motion was offered by Councilman Taplin and seconded
by Councilman Boggess to adjourn. The motion carried unanimously
(4-0), with Assistant Mayor Blank absent, and the meeting adjourned
at 10:30 a.m.
Mayo Estelle Siege
Attest:
talet
eanette Horton, CMC/AAE
Village Clerk
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