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HomeMy Public PortalAbout1996-02-20 Regular Meetingr? 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 1.62 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 Regular Council Meeting 2/20/96 2 163 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. Regular Council Meeting 2/20/96 3 164 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 Regular Council Meeting 2/20/96 4 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. Regular Council Meeting 2/20/96 5 1.66 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 Regular Council Meeting 2/20/96 6 r7 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 Regular Council Meeting 2/20/96 8