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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