HomeMy Public PortalAbout1998-09-15 Regular Meeting15
COUNCIL MINUTES
REGULAR MEETING - SEPTEMBER 15, 1998
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September
15, 1998, in the Council Chambers at Bal Harbour Village Hall. The meeting was called
to order at 2:00 p.m. by Mayor Spiegel. Those present were:
Mayor Estelle Spiegel
Assistant Mayor Andrew R. Hirschl
Councilman James Boggess
Councilman Daniel Tantleff
Councilman Peg E. Gorson
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. Executive Session: Mayor Spiegel explained the purpose of this session
is to discuss the litigation of Case Number 98-026 AP Bal Harbour Club, Inc. and Ava
Developments, Inc. v. Village of Bal Harbour. The following people were in attendance:
Mayor Estelle Spiegel
Assistant Mayor Andrew R. Hirschl
Councilman James E. Boggess
Councilman Peg E. Gorson
Councilman Daniel S. Tantleff
Alfred J. Treppeda, Village Manager
Richard J. Weiss, Village Attorney
Stephen Helfman, Village Attorney
The Village Clerk left the meeting at this time.
The Mayor reconvened the Regular Council Meeting at 3:05 p.m.
3. Pledge of Allegiance: The Pledge of Allegiance was led by Assistant
Mayor Hirschl.
4. Approval of Minutes: A motion was offered by Assistant Mayor Hirschl
and seconded by Councilman Boggess to approve the minutes of the July 21, 1998,
Regular Meeting, as submitted. The motion carried unanimously15-0), and the minutes
were approved as submitted.
5. Presentations - Officer of the Month: None
6. Ordinances Second Reading/Public Hearing: Mayor Spiegel explained
Regular Council Meeting 9/15/98 l
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since it is a public hearing, this item will be discussed after 5:00 p.m.
7. Ordinances First Reading: None
8. Resolutions:
The resolution was read, by title, by the Village Clerk, adopting an assessment roll for the
Security District. Mayor Spiegel asked for any comments. A motion was offered by
Councilman Boggess and seconded by Assistant Mayor Hirschl to adopt this resolution.
The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch!
aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. Thus
becoming:
RESOLUTION NO. 583
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN ASSESSMENT
ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
The resolution was read, by title, by the Village Clerk, urging the United States Congress
to fund Round II of the Federal Empowerment Zone and Enterprise Communities Program.
Mr. Treppeda explained this is for Bal Harbour to urge Congress to approve a $100 million
appropriation to Miami -Dade County over a ten year period. Councilman Boggess
suggested that when resolutions are put on the agenda that the Council be provided with
some background. A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Hirschl to adopt this resolution. The motion carried with the vote as
follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Gorson aye•
Councilman Tantleff aye: Councilman Boggess aye. Thus becoming:
RESOLUTION NO. 584
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE VILLAGE OF BAL
HARBOUR URGING THE UNITED STATES CONGRESS TO FUND ROUND II OF THE
FEDERAL EMPOWERMENT ZONE AND ENTERPRISE COMMUNITIES PROGRAM.
The resolution was read, by title, by the Village Clerk, supporting Revision #10 to the
Florida Constitution. ,4 motion was offered by Councilman Boggess and seconded by
Councilman Corson to adopt this resolution. The motion carried with the vote as follows:
Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Gorson aye • Councilman
Tantleff aye: Councilman Boggess aye. Thus becoming:
RESOLUTION NO. 585
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, SUPPORTING REVISION #10
TO THE FLORIDA CONSTITUTION, AND ENCOURAGING OUR CITIZENRY TO VOTE
YES TO THIS REVISION.
9. SunTrust Sign Package: Mr. Daniel Nieda, Building Official, read his
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recommendation into the record as follows:
$ACKGROIJND. The owner of the property located at Parcel "B" Sunplat, in the Business District
of Bal Harbour, more commonly known as 9600 Collins Avenue, is seeking approval to permit a Sign
package in connection with the construction of the new SunTrust Banking facility. Section 15-2 of
the Code of Ordinances requires that all Sign Package applications be reviewed and approved by the
Village Council prior to the issuance of a building permit.
RECOMMENDATION: The applicant has submitted for review a Sign package consisting of two
monument signs, two wall mounted signs and seventeen site directional and traffic signs as follows:
Monument Signs: The monument signs are located on Collins Avenue facing North bound traffic
and along Harding Avenue facing South bound traffic. The Collins Avenue sign is located to align
with the Bank's East side entrance adjacent to the property line and 140 feet from the entrance curb
cut to ensure that vehicular sight lines are not obstructed, which was a previous concern the Council
had. The Harding Avenue sign is located at the intersection of 96'h Street and 18 feet from the
property line where vehicular sight lines are also maintained without obstruction.
Mr. Nieda showed the entrance and exit on the plans. The entrance on 96th Street was
discussed. Mr. Treppeda stated the plans were originally done and the traffic studies were
performed prior to the traffic situation at 96t" Street. At that time, the traffic studies
supported the approval as granted. Assistant Mayor Hirschl thinks the traffic studies would
not approve it now based on one lane now traveling east bound to cross over Harding
Avenue.
Mr. Nieda continued reading his recommendation on the Monument Signs as follows:
Drawing # 1 shows that the sign is 5 feet 6 inches high by 8 feet long and 24 inches wide, with the text
"SunTrust" in 12" (lower case) and 15" (upper case) illuminated plastic face channel letters. A time
and temperature 24 inch high panel contains illuminated 16 inch high numerals. Section 15-36(2)(a)
of the Code requires that the size of letters at or near ground level may not exceed 12 inches and there
are no provisions for the approval of a time and temperature sign. Accordingly, the Council must use
its discretion in considering the approval of this item.
Councilman Tantleff thinks the entrances should be reviewed because he's opposed to an
entrance by sign #12 and sign #13, which should probably just be an exit. Mr. Nieda
stated the approval needs to be looked at that was previously granted because he doesn't
think it's appropriate to discuss that at this time because these plans were granted
approval through zoning and plan review. Mr. Weiss stated the Council should direct staff
to re -analyze this and see if anything can be done at this point in conjunction with his
office. Assistant Mayor Hirschl thinks it should be looked at because if the approvals were
based upon a certain traffic flow that has now changed it could be a problem,
Mr. Nieda continued reading his recommendation on the signs as follows:
Wall Mounted Signs; The wall mounted signs are proposed for the East stair tower and West
facades and were previously approved on December 6, 1995, for the original bank facility. The
proposed text is 24 inches high by 11 feet 6 inches long with the SunTrust corporate name in back
lit raised aluminum letters with a blue plastic face. Section 15-36 of the Code permits letters at or
near the second story level not to exceed 24 inches in height. Accordingly, the wall mounted signs
are in accordance with the Code requirements.
Regular Council Meeting 9/15/98 3
Directional and Traffic Signs: There are 17 signs number -coded to the Site Plan drawing for
the purpose of traffic control and site directional orientation. Drawing N4 reveals that the typical sign
numbers 8, 14, 15, 16, 17, and 18 are 7 feet high and the remainder of the signs are 3 feet high with
a sign face panel 1 feet 9 inch square. The text in the sign face panel is white on a blue aluminum
background and varies from 4 to 8 inches in height, in accordance with the maximum 12 inches
permitted.
Paul Yesbeck, Vice President of Acolite Claude Sign Co., Inc. 540 W. 83rd Street,
Hialeah, Florida, will answer questions. Assistant Mayor Hirschl recalled this was first
heard in December 1995 and at that time the time and temperature sign was denied. He
is opposed to a time and temperature sign at driver level which will do nothing but distract
a driver's attention from the road and serve as further advertisement for SunTrust. The
wall mounted signs and directional and traffic signs are acceptable.
A. Anthony Noboa, SunTrust Bank, questioned Assistant Mayor Hirschl if he's only
opposed to the time and temperature. Assistant Mayor Hirschl is opposed to a lit sign that
will alternate temperature and time, etc. Mr. Noboa feels it's tradition since it was on the
previous tower and there was no distraction. Assistant Mayor Hirschl suggested they put
it back on the top of the tower. Mr. Noboa considered that but it doesn't look good on the
new building. Assistant Mayor Hirsch) stated the Monument Sign, according to Bal
Harbour Code, exceeds the size because the capital letters are 15" and the Code allows
12". He doesn't object to that size sign, but does object to the time and temperature sign.
A motion was offered by Assistant Mayor Hirsch! and seconded by Councilman
Tantleff to approve the wall mounted signs as proposed. the directional and traffic
signs as proposed. and approve the two monument signs with the time and
temperature numerals removeft. The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Hirsch! aye: Councilman Gorson aye: Councilman
Tantleff aye: Councilman Boggess nay.
Mr. Weiss stated according to the Building Official the exit and the entrance have already
been approved and he'll see if there's something the Village can do. Mr. Weiss will verify
if it has been approved and if there's some issue he will bring it back to the Council.
10. Reports and Recommendations:
A. MAYOR AND COUNCIL: None
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Approval for Replacement of Two Date Palms: Mr. Treppeda
reported there are two Date Palms trees, one in front of One Harbour Way and one in front
of the Kenilworth House, that have died and need to be replaced and are no longer under
warranty. In June, Vila & Son was the lowest bidder at $4,900 per tree and will honor that
bid at this time. Mr. Treppeda asked for approval of Resort Tax funds in the amount of
Regular Council Meeting 9/15/98 4
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$9,800, which will leave a balance of $24,900 in the 1997/98 tree replacement fund.
Mr. William O'Leary, Landscape Architect, reported many of the trees he marked as
questionable have improved. He's doing everything he knows of and there are monthly
applications of fungicide, fertilizer, etc. and they have the laboratory testing for disease.
Councilman Tantleff questioned how trees #5 and #6 are whose warranties expired
September 1, 1998. Mr. O'Leary reported they are alright. Councilman Tantleff questioned
about trees #7, #8, and #9, whose warranties expired August 4, 1998. Mr. O'Leary
reported they are alright. Councilman Tantleff questioned about #10, #11, #12, #15. Mr.
O'Leary stated #10 is okay, the warranty on #11 was extended 120 days because he's not
comfortable with the way it looks, and #12 is alright. Palms #7, #8, #9, #14, #18, #19, and
#24 are acceptable. There are several where he has extended the warranty.
Assistant Mayor Hirsch) questioned what's budgeted in the tree replacement fund for next
year. Mr. Treppeda responded there is $25,000 budgeted plus the remainder of what's in
the 1997/98 tree fund.
A motion was offered by Assistant Mayor Hirsch! and seconded by Councilman Tantleff
to award the replacement of two Date Palm trees to Vila & Son Landscape Co. at
$4 900,00 per tree, The motion carried with t/ie vote as follows: Mayor Spieeel ave:
Assistant Mayor Hirschl aye: Councilman Gorson aye: Councilman Tantleff aye•
Councilman Boggess aye.
Mr. O'Leary left some examples of prefabricated shelters with Mr. Treppeda for the
Council's review and will get prices on them.
Approval of Carivon Change Order #5: Roberto Beltran,
Joseph Middlebrooks & Associates, explained the status of the Renovation Project. He
reported the General Contractor has some pending items and believes all the fire
inspections will be done within one week. At the time the substantial completion is issued,
final completion should be reached within 30 days. If the Contractor doesn't finish in 30
days, the days will be counted for liquidated damages. The substantial completion level
has not been reached yet, and cannot be issued without the fire inspection and some other
items. Substantial completion should be reached in 7 days.
Mr. Beltran reviewed the items contained in Change Order #5. He reported with all the
change orders and additional work given to Carivon Construction, the total is just a couple
thousand dollars over the amount of the second lowest bidder. It's his opinion that the
Contractor has very good prices and has negotiated fairly on prices for the additional work.
Mr. Carlos Hernandez, Carivon Construction, feels they are substantially completed and
the building can be used today with some minor items to be done.
Mr. Beltran stated the cupola is not in Carivon's contract. They are working on a design
and it has to be manufactured first and then put on the roof.
Regular Council Meeting 9/15/98 5
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A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl
to approve Change Order #5 in the amount of $21557.73. The motion carried with the
vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Corson aye:
Councilman Tantleff aye: Councilman Boggess aye.
Approval of Telcon Change Orders:
Fire Hydrant Additions/Water Main Extensions (CO#1 - Final)
Storm Water Collection System (CO#6 - Final)
Final Contract Amount (CO#7 - Summary)
Mr. Treppeda explained Telcon is the contractor who did the piping portion of the Storm
Drainage Project and this is the close out final change order for Telcon. After approving
the change order, the Village will still have about $100,000 of their money left and the
Village is still working on some problems with the system. The solution is probably that
Jaffer will be coming back to drill the wells. The final net change order is for $10,112.45.
The Village used Telcon while they were here for some additional water main work and fire
hydrant work. Assistant Mayor Hirsch) questioned why the Village was approving more
money for Telcon when the project is not complete. Mr. Treppeda explained he has been
meeting with Village Attorneys and Telcon is not involved with the problems with the
pumps. The problems which involve Jaffer, Poole & Kent, and Craig A. Smith &
Associates. Councilman Boggess clarified that the Village is retaining $100,000 of
Telcon's money that will not be released until the job is completed to the Village's
satisfaction.
Bill Landis, P.E., Craig A. Smith & Associates, explained there are three change orders.
Change Order#1 Final is $119,866. The amount budgeted was $233,000. Change Order
#6 Final the initial contract was $902,893.60. The net increase is $10,112.45. Previous
Change Order #5 added new piping in Harbour Way. So, the final contract for the drainage
portion is $926,956.05. There was a budgeted item of $87,000 for contingency, so the two
items of $10,000 and$13,900 (Change Order #5) went against the $87,000 budgeted
amount. Change Order No. 7 is a final change order for the Contractor. They began with
a contract for a drainage project of $902,893.60 and added other projects to the
Contractor's scope of work in the form of fire hydrants, drainage improvements other than
the original contract, additional fire hydrants to be replaced, some work to the gravity sewer
system, and additional pipe in Harbour Way. All items have been approved by the Council
with the exception of Change Order 1 Final, Change Order 6 Final and Change Order 7,
which is an itemization of all the contractor's work, which is a total of $1,148,619.85. What
is being approved is the final contract amount. They are trying to establish a final contract
amount for the work they have performed and completed and are withholding payment until
they perform on the punch list.
Mr. Landis feels the project is not a complete disaster and is functioning. The portion that
is not functioning are the disposal wells, which are another contractor (Jaffer). Poole &
Kent did the pump station for the wells, Jaffer did the wells, and Telcon did all of the piping
in the ground in the streets and the outfall. They can't operate the pump station because
there are two wells that leaked to the surface and Jaffer is to perform remedial work on
Regular Council Meeting 9/15/98 6
those two wells. The Attorneys have been working out the matter on the wells.
Assistant Mayor Hirschl questioned Mr. Weiss where the Village stands legally. Mr. Weiss
reported his office has been working with the Village Manager to come to a resolution and
they have a potential solution. The Village has $101,000 of Telcon's money that is being
held back. There are still some things the Village needs from Telcon.
Mr. Treppeda stated the Village owes Poole & Kent money, but the Village is not releasing
it at this point. The Village does not owe money to Jaffer, but are still working with them.
Assistant Mayor Hirschl questioned why Jaffer was paid in full without testing the system.
Mr. Treppeda stated their work was done before the pump station was built. Mr. Landis
reported the wells were drilled in advance of any other construction work. Assistant Mayor
Hirschl stated Jaffer was approved inappropriately prior to completion of the project. Mr.
Landis stated the wells were tested at the time of construction. Mr. Treppeda stated Jaffer
has acknowledged the two wells and believes they'll make good on the other ones as well.
Mr. Landis stated there are eight wells total and two have failed. They won't know if the
other six work until the first two are repaired. Councilman Boggess questioned if the
Village has any written assurance that Jaffer will do this. Mr. Landis stated the Attorneys
are working it out and Mr. Weiss' office is involved. Mr. Weiss stated they're working out
an agreement whereby Jaffer will agree to do it. Right now, the Contractor has been
working with the Village and has indicated his willingness to make good on all the work he
was supposed to be doing. Everyone is working together to resolve these problems and
taking responsibility.
Mr. Landis stated the Council is being asked to approve a change order for work the
Contractor has performed. The Village is holding back the $100,000 until he completes
his punch list. The work on the punch list is approximately $20,000.
Mr. Gene Schriner, Craig A. Smith & Associates, clarified they paid Jaffer because they
did the work prior to the other work being completed and the wells were tested after they
were installed. Jaffer had to be paid because the Village didn't pay for the wells, South
Florida Water Management did. The grant funds for the project was for the wells
themselves. The Village had to pay the Contractor in order get reimbursed. In essence,
the Village isn't out any money on the wells because it was reimbursed the money through
South Florida Water Management District. The test was done on the wells and they tested
out initially. Poole & Kent connected the pipes up and that's when the problems occurred
because they knocked the wells and some of the wells dropped. The two wells that are
having the problems are the ones that Poole & Kent was hooking up with their pipes.
A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirsch!
to approve the net amount of $1O.112.45 for the final _change orders for Telcon. Inc. The
motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye:
Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye.
Health Insurance Presentation - Steve Olsen: Mr. Treppeda
stated the Village is faced with an increase from Beacon (the HMO Provider) and Florida
Regular Council Meeting 9/15/98 7
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Municipal has advised they'll be lowering coverages. The Village's agent, Steve Olsen,
and a representative from John Alden, the low bidder in the insurance search, will make
a presentation to explain what can be offered to the Village.
Mr. Steven Olsen, Vice President - Acordia of South Florida, explained they did a
market study this year for health insurance proposals. On the HMO, the two main criteria
were pricing and benefits. John Alden's HMO plan was priced lower than Beacon, the
HMO insurance the Village currently has. John Alden's network was also better than the
Beacon network with a larger network of doctors. The majority of the doctors are paid on
a fee per service basis; therefore, the doctors are more eager to join the plan, are
compensated better and there is a higher satisfaction with the doctors and the plan. On
the indemnity plan, Florida Municipal appears to be stepping away from indemnity
coverage and have increased rates as wells as decreased benefits on the Village's current
plan. John Alden has a plan with indemnity benefits very similar and matched what the
Village has with some differences. In addition, they're offering a substantially higher
benefit if their network of doctors and hospitals are utilized. If a doctor is chosen in their
PPO network, a better benefit is seen in terms of lower out of pocket costs, co -pays and
no deductibles. If not, there's still an indemnity contract for any doctor with 80% coverage
up to $5,000 of charges with a $100 deductible. After that, the plan pays 100% coverage
and is a $5 million lifetime maximum.
Mayor Spiegel questioned the reputation of John Alden. Mr. Olsen stated they're an
excellent carrier, are very strong in South Florida, and have been doing business here for
years. His experience with them has been very positive.
Mr. Olsen stated the drug card is PCS, which is the nation's largest prescription drug card,
and the charge is $4 for generic and $7 for name brand. The John Alden plan uses a
utilization review program for certain out -patient tests and voluntary hospital admissions.
Those items would require a phone call from either the doctor or the patient.
A motion was offered by Councilman Boggess and seconded by Councilman Tantleff to
approve John Alden. The motion carried with the vote as follows: Mayor Spiegel aye•
Assistant Mayor Hirschl aye: Councilman Corson aye: Councilman Tantleff aye:
Councilman Boggess aye.
Ms. Horton stated this will become effective October 1, 1998.
Approval of Interlocal Agreement for Local Mitigation
Strategy: Mr. Treppeda stated the Village is getting $15,000 to assist in preparing the
Local Mitigation Strategy Guidebook. The County is broken down into different sectors and
Bal Harbour is grouped with North Miami Beach, Aventura, Golden Beach, and Sunny Isles
Beach. Lt. Jay Smith is working on it for the Village and this interlocal agreement will
enable the Village to get the funds. A motion was offered by Assistant Mayor Hirschl and
seconded by Councilman Boggess to approve the Interlocal Agreement with Miami -Dade
Countyfor joint completion of a Local Mitigation Strategy. The motion carried with the
vote asfollows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Corson aye;
Regular Council Meeting 9/15/98 8
ti"3
Councilman Tantleff aye: Councilman Boggess aye.
Approval of Proposal for Dispenser Liner & New Pump for
Bal Harbour's Fueling Station: Mr. Treppeda explained that DERM has requirements
that the Village has to put a dispenser liner on its fuel pump located at the Public Works
Facility. Also, the pump needs to be replaced because it keeps breaking down and is old.
The amount that needs to be approved is $11,375.00 through the County bid and Mr.
Treppeda wishes this to be approved now although it will be expended out of next year's
budget. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman
Gorson to approve S11.375.00 for Southern Petroleum Systems to add a dispenser liner
and replace the dispenserpump for the fueling station. The motion carried with the vote
as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye: Councilman Gorson aye•
Councilman Tantleff aye: Councilman Boggess aye.
Purchase of Coconut Trees for Residential Area: Mr. Treppeda
explained every year within the ten foot easement areas of the Residential Area the Village
replaces coconut trees, and adds trees. There is $28,370.00 budgeted for that purpose
and he is asking for approval up to that amount. The price of $10.00 per foot includes
purchase and shipping. There is an error in the agenda and planting is not included. A
motion was offered by Assistant Mayor Hirsch! and seconded by Councilman Tantleff to
approve up to S28.370.00 for the purchase of coconut trees to be placed in the 10 foot
easement area in front of properties in the Residential Area. The motion carried with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Gorson aye•
Councilman Tantleff aye; Councilman Boggess aye.
Storm Drain Repairs at 286 Bal Bay Drive (Water's Edge
Apartments): Mr. Treppeda explained behind the Waters Edge Apartments there's a
storm drain line that goes into the bay and its rusting and collapsing, so some undermining
of the yard there is being experienced. It's almost impossible to repair that because the
Village would have to go through the pool and all the landscaping. Mr. Treppeda is asking
to grout it, which would prevent the yard from collapsing further, and then it would be
rerouted to other outfall lines in that area. Three prices have been obtained to do the work
and the lowest bid is Shenandoah at $6,075.00. Assistant Mayor Hirschl questioned if the
entire system was inspected when the storm drain project was started. Mr. Treppeda
responded yes and this was supposed to be included and Telcon was going to do it, but
then when the Village had some problems with them, they opted not to. It was going to be
an additional item the Village wanted Telcon to do, but they wouldn't do it. Mr. Wheldon
stated this line was in the original bid to clean and TV and then to go from there because
they weren't sure what condition it was in. Mr. Landis stated the Village did not pay Telcon
to TV and clean it because they didn't do it. A motion was offered by Councilman Boggess
and seconded by Councilman Tantleff to approve S6.075.00 for Shenandoah Construction
to grout the 15" collapsing pipe at 286 Bal Bay Drive and reroute drainage to another
outfall. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor
Hirschl aye; Councilman Corson aye: Councilman Tantleff aye: Councilman Boggess
aye.
Regular Council Meeting 9/15/98 9
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Emergency Repair to Sewer Pump: Mr. Treppeda explained
during the Council's recess there was a problem with one of the three pumps that's located
at the pumping station near the SunTrust Bank. The Village utilized Butler National
Services, Inc., who is always used for this type of problem. This was an emergency
situation and the replacement pump is on order and will cost $13,387.00, which will come
from the Sewer Fund since there are funds available for emergencies such as this. A
motion was offered by Assistant Mayor Kirsch! and seconded by Councilman Boggess to
approve 513.387.00 for Butler National Services. Inc. to replace one sewer pump. The
motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye:
Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye.
Appointments tp Architectural Review Board: Mr. Treppeda
reported out -going member Maria de Leon-Fleites has recommended Hector Oliva, and
current board member Paul Buzinec has recommended Miguel Rodriguez to serve as new
members. Their resumes are enclosed in the agenda. Mr. Treppeda reported Giorgio Balli
was no longer able to serve on Bal Harbour's Board because he serves on the Coral
Gables Board. A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Boggess to appoint Hector Oliva and Miguel Rodriguez to two year terms on
the Architectural Review Board. The motion carried with the vote as follows: Mayor
Spiegel aye • Assistant Mayor Hirsch! aye: Councilman Corson aye: Councilman Tantleff
aye: Councilman Boggess aye. Mr. Treppeda will make sure the new members have some
type of orientation to understand the Village Code and purpose of the Board.
Recommendation of Consulting Engineering Firms: Mr.
Treppeda explained the Village went out to bid and had 15 companies respond for the
Request for Qualifications for Engineering Services. A rating panel rated the companies
and the results are listed. C.A.P. Engineering Consultants, Inc. was rated number one,
Post Buckley Schuh & Jernigan, Inc. was rated number two, and Craig A. Smith &
Associates was rated number three. Mr. Treppeda is recommending giving continuing
contracts to all three of these companies and then the Village could select one depending
on what the work is. Mr. Weiss stated in Key Biscayne they have ten firms and select the
firm used for each project depending on their expertise.
Mr. Treppeda explained the ratings were also isolated for coastal engineering since the
Village is an oceanfront community. The two top companies were Coastal Systems
International, Inc. and Coastal Planning & Engineering, Inc. Mr. Treppeda would like to
have the same type of arrangement with those two companies for coastal matters.
A motion was offered by Councilman Tantleff and seconded by Councilman Boggess to
approve the Village Manager to enter into continuing contracts for Consulting
Engineering Services with C.A.P. Engineering Consultants. Inc., Post Buckley Schuh &
Jernigan. Inc. and Craig A. Smith & Associates and to enter into continuing contracts for
Coastal Engineering Services with Coastal Systems International. Inc. and Coastal
Planning & Engineering. Inc. The motion carried with the vote as follows: Mayor Spiegel
aye: Assistant Mayor Hirsch! aye: Councilman Gorson aye: Councilman Tantleff aye:
Regular Council Meeting 9/15/98 10
Councilman Boggess aye.
Approval of Resort Tax Committee Recommendations:
1) APPROVAL OF FAM LUNCHES
a) Brazilian Executive Secretaries (Carpaccio) $ 757.74
b) Pachtman FAM Lunch (Carpaccio) $ 209.55
c) Guatemalan Executive Secretaries FAM Up to $ 1,000.00
Assistant Mayor Hirsch) stated FAMS are the best way to showcase Bal Harbour and the
restaurants give the Village a discount for the lunches. A motion was offered by Assistant
Mayor Hirschl and seconded by Councilman Boggess to approve these FAM lunches. The
motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch) aye
Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye.
2) ANNUAL CONTRIBUTION TO GMCVB (Greater Miami Convention & Visitors
Bureau): Mr. Treppeda stated each year the Village has made a contribution of $150,000
to the GMCVB and the Resort Tax Committee has recommended approving it for the
current 1997/98 fiscal year. A motion was offered kv Councilman Boggess and seconded
by Councilman Tantleff to approve the $150.000 contribution to the GMCVB . The motion
carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye•
Councilman Gorson /ye: Councilman Tantleff aye: Councilman Boggess aye.
Councilman Tantleff would like Mr. Treppeda to find out what the Village gets for the
contribution. Councilman Boggess stated he chaired the Resort Tax Committee meeting
last month and everyone there, with the exception of Mr. Noboa, was very much in favor
of this because they are actually getting business. The Director of Tourism gets
discounted tickets, discounted hotel rooms and they're helping her in many ways. Mr.
Valdes serves on the Executive Board. They are constantly sending people to the
Sheraton and the Sea View and calling Mrs. Rosenthal for things to go to the Shops.
Assistant Mayor Hirschl stated for $15,000 the Village is about to receive $200,000 in print
advertising internationally through the GMCVB. The members of the Resort Tax
Committee say they have never seen so much and they're thrilled. Councilman Boggess
suggested doing a FAM trip for the people at the GMCVB.
3) WHEEL OF FORTUNE' Mr. Treppeda stated the Committee has
recommended $2,500.00 (in hotel accommodations, food, and a shopping spree) for 10
to 12 seconds of air time on the Wheel of Fortune. A motion was offered by Assistant
Mayor Hirschl and seconded by Councilman Boggess to approve $2,500 for 10 to 12
seconds of air time on the Wheel of Fortune. The motion carried with the vote as follows:
Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Corson aye; Councilman
Tantleff aye: Councilman Boggess aye.
4) WOHRMAN PHOTOGRAPHY: Mr. Treppeda stated Wohrman
Photography ($4,550.00) was the lowest of three bidders to take additional photos of Bal
Harbour for the Advertising Consultant. A motion was offered by Councilman Boggess and
Regular Council Meeting 9/15/98
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seconded by Councilman Tanticff to approve 54.550.00 for Wohrman Photography to take
additional photos of Bat Harbour. The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Hirsch! aye: Councilman Corson aye: Councilman Tantleff
aye: Councilman Boggess aye.
5) 5Q% PAYMENT FOR MEMBERSHIP IN SOCIETY OF AMERICAN TRAVEL
WRITERS (SATW): Mr. Treppeda stated Alice Fisher, who is the Village's Public Relations
Consultant, has asked the Village to sponsor her to join the SATW, which would help her
to better represent Bal Harbour. The Committee recommended paying half of the dues,
which would be $375.00 for the first year. A motion was offered by Councilman Tantleff
and seconded by Councilman Boggess to approve $375.00 for payment of half of Ms.
Fisher's dues to join the SATW . The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Hirsch! aye: Councilman Corson aye: Councilman Tantleff
aye: Councilman Boggess aye.
6) PACHTMAN FAM (SEPTEMBER): Mr. Treppeda stated the Pachtman FAM
was just here and some very good travel writers attended. Ms. Pachtman's fee is
$5,000.00 and Mr. Treppeda is adding another $5,000.00 for the hotel rooms and other
expenses, which he doesn't have an amount for yet. A motion was offered by Assistant
Mayor Hirschl and seconded by Councilman Tantleff to approve $5.000.00 for Ms.
Pachtman's fee and up to 55.000.00 for the hotel rooms and other expenses for this
Pachtman FAM. The motion carried with the vote as follows: Mayor Spiegel aye•
Assistant Mayor Hirschl aye: Councilman Gorson aye: Councilman Tantleff eye
Councilman Boggess aye.
7) DISCUSSION OF HIRING TRAFFIC ENGINEER: Mr. Treppeda stated the
Committee discussed hiring a traffic engineer to study the 96'h Street traffic problems. The
first bid he has received is from Vanasse Hangen Brustlin, Inc. for up to $12,500.00. A
motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to
approve up to $12 500.00 to hire Vanasse Hangen Brustlin. Inc. to study 96th Street. The
motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye•
Councilman Corson aye: Councilman Tantleff aye: Councilman Boggess aye. Mr.
Treppeda will contact Bay Harbor to see if they would like to cooperate since they are also
impacted.
8) RENEWAL OF ED LESHANSKY'S ADVERTISING CONTRACT: Mr. Treppeda
explained that Mr. Leshansky's contract expires September 30, 1998, and he has asked
for an increase in his fee from $6,000 to $7,000 per month. The Committee felt he is very
well qualified to receive an increase and has done an excellent job. A motion was offerers
by Councilman Boggess and seconded by Assistant Mayor Hirsch! to approve renewal of
Mr. Leshansky's contract with an increase to $7.000.O0,er month . The motion carried
with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye: Councilman
Gorson aye: Councilman Tantleff aye: Councilman Boggess aye.
11. Other Business:
Regular Council Meeting 9/15/98
12
Florida Power & Light Company (FPL) - Power Outages Assistant
Mayor Hirsch) stated he and Mr. Treppeda have been discussing the FPL outages that
have been taking place predominantly in the Security District and thinks there is something
wrong with the way the system is set up. Mr. Treppeda has asked a representative to
come speak to the Village, but the ball is moving too slowly. Mr. Treppeda reported he
spoke with FPL after the last outage and they said the lines are old and they don't replace
them unless they break or have fault. Mr. Wheldon stated the men on the trucks admit the
stuff is obsolete and FPL has gotten to the point where they do almost no preventative
maintenance. Mr. Wheldon suggested contacting the Public Service Commission.
Assistant Mayor Hirsch) suggested sending a series of letters. Mr. Treppeda will get all the
letters together along with facts and figures and forward them to Mr. Weiss. Mr. Weiss
suggested keeping a log, such as from the engineer at the Shops, etc.
SunTrust Sign Package: Paul Yesbeck, Acolite Claude United Sign
Co., Inc. Representative, stated the Council approved the word "SunTrust" for the
Monument Sign and questioned if they can add the word "Bank" underneath instead of the
time and temperature. The sign would be the same size. A motion was offered by
Councilman Boggess and seconded by Assistant Mayor Hirsch! to approve the addition of
the word `Bank "to the SunTrust sien. The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Hirschl aye: Councilman Gorson aye: Councilman Tantleff
aye: Councilman Boggess aye.
12. Adjourn: There being no further business to come before the Council, a
motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirsch) to
adjourn. The motion carried unanimously (5-Q). and the meeting adjourned at 4:55 p,m.
Mayor Spiegel reconvened the Regular Council Meeting at 5:23 p.m.
Ordinances Second Reading/Public Hearing;. The ordinance was
read, by title, by the Village Clerk, amending Section 11-16 "Definitions" and amending
Section 11-29 "Violations of Article," of the Village Code pertaining to noise.
Mr. Weiss advised that the Noise Consultant (Joe Cuschieri, Dunn & Associates) made
some last minute minor changes, which are included in the agenda. When the Council
moves the ordinance, it should be moved as amended.
Mayor Spiegel opened the public hearing for comments.
Bobby Bennett, resident - 60 Park Drive, discussed the noise problems coming from the
Bal Harbour Shops. Assistant Mayor Hirsch) stated the wall between Park Drive and the
Bal Harbour Shops has holes in it and suggested a solid block wall with some type of
sound baffle on the top.
Bernard Farber, resident - 60 Park Drive, also discussed the loud noise (garbage trucks,
people yelling, etc.) coming from the Shops. He suggested putting up signs about keeping
the noise level down.
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Mr. Weiss suggested directing Mr. Treppeda to select an engineer to see what kind of
sound attenuation can be done to the wall, speak with Mr. Whitman (Bal Harbour Shops)
to see if signage can be put up, make sure the Village Code Enforcement diligently
enforces the noise ordinance, and take whatever efforts possible to instruct Village
employees on how to use the garbage trucks to minimize the noise. Mr. Treppeda will
ensure the Village garbage trucks are not starting before 8:30 a.m., meet with the Village's
garbage truck employees, meet with Mr. Whitman, and look into the other issues
discussed. Mr. Joe Cuschieri, Dunn & Associates, will look into a buffer for the wall.
There being no additional comments, Mayor Spiegel closed the public hearing.
A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl
to approve this ordinance as amended by Joe Cuschieri. Dunn & Associates. The motion
carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye:
Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. Thus
becoming:
ORDINANCE NO. 436
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE
CODE BY AMENDING CHAPTER 11 "NUISANCES" AT ARTICLE II "NOISE" BY
AMENDING SECTION 11-26 "DEFINITIONS" TO REVISE THE DEFINITION OF THE
TERM "SOUND LEVEL METER;" AMENDING SECTION 11-29 "VIOLATIONS OF
ARTICLE" BY AMENDING SUBSECTION (A) "PROHIBITED ACTS GENERALLY" BY
REVISING PARAGRAPH (3) CONCERNING NOISE RELATED TO CONSTRUCTION,
DRILLING OR REPAIR WORK, AND REVISING SUBSECTION (B) "NOISES
EXCEEDING PERMITTED DECIBEL LEVEL" CONCERNING MEASUREMENT OF
SOUND LEVELS, AND CREATING SUBSECTION (C) "MITIGATION PRACTICES" TO
REQUIRE MITIGATION OF NOISE FROM CERTAIN CONSTRUCTION, DRILLING OR
REPAIR ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE.
Adjourn: There being no further business to come before the Council, a
motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to
adjourn. The motion carried unanimously (5-0). and the meeting aC burned at 5:40 p.m.
Attest:
4
eanette Horton, CMC/AAE
Village Clerk
/elw
MayorSpieel
Regular Council Meeting 9/15/98
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