HomeMy Public PortalAbout1975-05-05 Special MeetingMr. Printup told the Council that Miss Wetterer might be nominated
for an office in the International Institute of tiinicipai Clerks and asked
if the Council would have any objection to this. It was the Council's
decision that if appointed, Miss iletterer would be granted the additional
time needed to attend the association meetings each year and payment of
expenses not covered by the IIMC.
There being no further business on motion of Mr. Taplin, seconded
by Mr. Beatty, and voted the meeting was adjourned at 11:10 A.M.
Mayor
ATTEST:
Village Clerk
April 29,1975
May 5,1975
A special Meeting of the Bal Harbour Village Council was held at 9:30A.M.
11:esday, May 5,1975.
Present: Messrs. Printup, Thpliq, Beatty and Davis
Absent-:- --- Mr. Logan /- .
Also present were: Mr. Thomas H. Anderson, Village Attorney, Mr. Fred
Maley, Village Manager; and Miss Betty Carver, Deputy Village Clerk.
The purpose of the meeting was to determine the position of Great Ickes
Dredge & Dock Company with regard to finishing their contract on the Bal Harbour
Beach Restoration Project.
Mr. Henry von Oesen, our consulting engineer, reviewed the position of
Great Lakes Dredge & Dock Comqany that the authorized borrow area contains rock or
unsuitable material, which has caused a decrease in their production and a corres-
ponding increase in their cost to perform the work, which they claim is the responsi-
bility of the Village. Mr. vori Oe -sen called to Council's attention Sections 1.11
and 3.02 of the "Specifications and Contract Documents ", and stated that the
condition of the borrow area was properly represented. Mr. von Oesen pointed out
that the contract required work to commence no later than May 30, 1974, when in
fact, the contractor did not commence pumping fill material until July 16, 1974.
He further stated that the contractor experienced considerable mechanical failure
of his equipment, and that the contractor knew he only had a limited period of time
in whicl: to perform the work.
It was pointed out that the contractor had placed approximately 43% of the
fill material required to date, and has utilized less than 207 of the authorized
borrow area. Mr. von Oe.sen further stated that the fill material placed on the
beach todate has been accepted, and that payment has been made proportionate to
the percentage of the work performed.
p 1 t 6
At 10:30 A.M., the following gentlemen arrived at the Council
meeting: Mr.. William Colnon, Sr. Vice President; Mr. Robert Jackson, Vice
President; Colonel li.A.Hansen, Project Manager; and Mr. Stanley Norton,
Legal Counsel; all of Great Lakes Dredge & Dock Company. Mr. William Gahagan,
Consultant for Great Lakes; and Dr. Kelly Brooks, Professor of Geology,
University of Florida, were also present.
Mr. Jackson stated that Great Lakes had done their own borings of the
borrow area.. They claim that the conditions which Dr. Brooks found are not as
originally presented in the specifications.
Mr. Anderson asked Mr. Jackson what he wanted of Council today, to
which he answered "Compensation". Mr. Jackson again stated the materials avail-
able for beach fill are not the materials specified in the contract documents
and drawings. He said they will put the fill on the beach at extra cost to the
Village. He stated the Dredge "Alaska" would be ready on May 15, and would come
to this job first if some agreement could be reached.
Mr. Anderson then asked if they were going to return to the job. Great
Lakes stated they feel they are entitled to additional compensation for the work
comfb ted to date. When asked to what extent, Mr. Colnon stated in the neighbor-
hood of $1. per yard for both the fill already pumped and for that to be pumped.
For the total project, he s,.ill the Company would require approximatmly $1.5 t,,
$1.9 million additional.
It was then asked if cost data had been submitted to Mr, von Oesen.
Mr. Colnon stated they were not looking for a profit, but that the change has
been costly. Mr. von Oesen atatad he has not received any cost differential
figures.
Mr. Taplin stated that "There is no way" we could goback to the
various agencies involved to get the extra money. Mr. Anderson then asked
Greet Lakes what they feel should be done, to which Mr. Norton replied 'Rut it
up to an independent body to determine who is right." Mr. Anderson then asked
what would be done if Bal Harbour does not agree,. Mr. Jackson stated trey would
not resume dredging.
It was again noted that this was not BPI Harbour Village's money alone.
The agencies involved are tht U.S.Government, the State of Florida, Dade 4.)unty,
and the Village. When asked how we could justify an additional cost of $1.9
million, Mr. vo'rton stated "Issue a change order, or arbitrate" Mr. Taplin
said he could not approve a change order, and it is foolish to arbitrate as
there is no way we can make. deals.
At 12:15 P.M. the gentlemen from Great lakes left the room. Mr. von
Oesen stated he had received no other infortwt,ion concerning the borrow area
than from Dr. Brooks, and that he could not accept. Dr. Brooks' report as is.
It was decided that the Village would not arbitrate and would ask for a letter
from Great Lakes within 10 days of the meeting, stating their intentions about
the balance of the contract.
A motion was made by Mr. Davis, seconded by Mr. Taplin, and unanimously
voted, that special geologists be hired to substantiate our engineers' position
May 5,1975
in view of the threatened litigation by Great Lakes.
The gentlemen from Cmeat LAki s returned to the Coucil Room at 12:30P14.
Mayor Printup stated to them that we had no basis for arbitration and asked for
a letter within 10 days advising us of their Intentions regarding completion of
the contract.
At 12:35 P.M., Mr. Davis moved that the meeting be re�rr# until
2: OOP .M M.
The meeting reconvened at 2:00 P.J4. for the purpose of meeting with
Mr. Charles Kober to discuss his preliminary report on the proposed expansion
of the Bal Harbour Shops. Mr. Taplin asked vc. Kober to elaborate on his report,
specifically as to his recommendations concerning the parking garage structure.
Mr. Kober recommended that the requested variance for 55' intrusion into the
100' setback along Park Drive for the parking garage be given favorable consider-
ation, sut+ject to specific restrictions. He felt that the part of the garage
which would extend into the setback area should be limited to 20' in height above
ground level, and should have a 5' parapet wall to screen roof level larking. The
entire garage wall facing the Residential District should be solid in order to
abate noise and visual pollution. He said landscaping should be incorporated into
the plans along the wall of the building, and the surrounding lot, which would
greatly improve the visual. impact of the structure.
Mr. John Bruno brought up the fact that a building so close to Park
Drive would cut off the prevailing breezes. Mr. Stanley Whitman stated he had
had a pollution report made for the State Department of Pollution Control. He
will give a copy of the report to Mr. Kober..
Mr. Whitmancsa asked if the proposed parking garage would take care of
all future expansion to the shopping center and would he need additional variances
in the future. Mr. Whitman stated he was not sure until the space was leased.
Mr. Taplin asked that a diagram or preliminary sketch of the parking
garage as it would appear from park. Drive, he presented and asked Mr. Whitman
again if he vould "live with it" without requesting additional variances.
A discussion was held with regard to moving the vehicular entrance on
96th Street from opposite Byron Avenue to Carlyle Avenue. Mr. Kober said he
had read the report from Dade County Traffic & Transportation, and recommended
a separate traffic study, as contained in his n-.m report.
Mr. Printup stated that we do need to have a traffic study of our own
made. He then asked 14r. Whitman if he could live with the decision of Council.
No motions were made at this time. Before a public hearing is held, the Pollution
Control Environmental Impact Study should be reviewed.
Mr. Taplin left the meeting at 3:05 P.M.
A motion was made by Mr. Davis, seconded by Mr. Beatty, and unanimously
voted, to have a traffic study made, with particular reference to 96th Street
traffic.
May 5, 1975
SS
There being no further business, the meeting was adjourned at
3:25 P.M.
ATTEST:
Village Clerk
May 5, 19 7 5
i
Mayor
May 15, 1975
A Special Meeting of the Bal Harbour Village Council was held on
Thursday, May 152 1975 at 9:30 A.M. in the Village Hall.
Present: Messrs. Printup, Taplin, Beatty, Davis and Logan
Also present: Fred W. Maley, Village Manager; Thomas H. Anderson,
Village Attorney, and Betty Carver, Deputy Village Clerk.
Mr. :dilliam Logan was sworn in as Council man by Betty Carver, Deputy
Village Clerk, to fill the seat vacated by C.J.Villeneuve.
Mr. Maley stated that the letter requested from Great Lakes Dredge
& Dock Company at the May 5, 1975 Council meeting had been received on May 12,
1975. It contains their intentions with regard to completion of their contract
with Bal Harbour Village. The contractor is still claiming a change in condi-
tions from those represented in the contract plans and specifications. Their
letter does, however, state the Dredge "Alaska" will return to the job site the
middle of May, but that their performance will "as in the past, be only under
protest and we shall seek through the judicial means available to us complete
reimbursement for all the loss, cost, damage and expense to which we have been,
and will be, put."
In order to more specifically document the conditions existing in the
borrow area, in view of the threatened litigation, Messrs. von Oesen and Whittaker
contacted Dr. David Duane, Geologist of Near §hore Environment Evaluation and
Development (NEED,Inc.), Bethesda, Md., and Mr. Richard Benson, Geophysicist of
Technos, Inc., Miami, for their proposal, concerning sub - bottom exploration.
After discussion with these gentlemen, iy was the consensus of Council that the
extent of information required is a legal matter. It was moved by Mr. David,
seconded by Mr. Beatty, and unanimously voted by roll call vote, that Technos,
Inc. and Dr. Duane be retained to give legal counsel adequate evidence to support
the facts.
The first phase of the work is to be a seismic survey of the borrow
area, to be done immediately by Technos, Inc., who will report their findings
to legal counsel. Motion was made by Mr. Taplin, seconded by Mr. Davis to go
forward with the first phase of the work, not to exceed $15,000.00 to include
the seismic survey, photographs and visual inspection, to determine whether or