HomeMy Public PortalAbout1989-04-18 Regular Meeting0
COUNCIL MINUTES
APRIL 18, 1989 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday, April 18, 1989 in the Village Hall. The
meeting was called to order at 9:30 A.M. by Mayor Estelle Stern
and the roll was called. Those present were:
Mayor Estelle Stern
Asst. Mayor Matthew B. Blank
Councilman Sol M. Taplin
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Also Present: Richard J. Weiss, Village Attorney
Carole S. Morris, Village Manager
Marilyn P. Kreger, Village Clerk
Having a quorum present, Mayor Stern Called the first item.
2. Approval of Minutes: March 21, 1989 Regular Meeting
C/M Taplin moved and C/M Boggess seconded a motion to approve the
minutes.
Mr. Lou Brandt, Regency Spa, and Mr. Laikin, former Councilman,
were welcomed by Mayor Stern.
There being no formal vote and no objection to the motion, the
minutes stand as approved.
3. Presentations: Officer of the Month - Kenneth Klingman
Police Chief Baquero presented the reasons for recommending
Officer Klingman as the Officer of the Month for March. He was
presented with a Certificate from the Police Department and a
check from the Village.
7. Resolutions: A Resolution Providing Requirements and
Procedures for Resolution of Disputes involving bids for State of
Florida Sewage Treatment Revolving Loan Fund.
The Village Clerk read the Resolution by title.
Mrs. Morris, Village Manager, presented this item by saying that
the purpose of this Resolution is to have an established
procedure to mediate any disputes that might arise as a result of
the State loan being sought by the Village as required by the
State.
Richard Weiss, Village Attorney, added that the Resolution covers
two types of disputes: 1. bidding out work and 2. resolve
disputes among contractors after award of bid. The first appeal
step is to the Manager and then the Council for final resolution.
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There being no comment, C/M Boggess moved and C/M Hirschl
seconded a motion to adopt the Resolution.
Vote Taken: All Voted Aye Resolution No. 386 Passed
8. Reports and Recommendations
A. Mayor and Council
1. Architectural Review Board - Member Appointments
Mayor Stern stated that she felt this item is premature and would
like it deferred to a later date. Asst. Mayor Blank moved that
the item be tabled to a future meeting. The motion died for lack
of a second.
C/M Boggess stated that ,he would like to discuss it. He stated
that the question is not so much who is appointed to the
committee, but more important what role the board will play.
They play an important role, but yet seem to pose a problem
fitting them into the review procedure which he feels sihould be
resolved.
Mayor Stern stated that the board has existed for at least the
two years she and C/M Boggess have been on Council, but have been
called upon only one time. They should be used for each case,
not just once - that is unfair.
C/M Boggess said the committee was used quite effectively prior
to 1987, and have not been used more as a result of problems in
the Village Manager's Office than anything else.
C/M Taplin stated that the purpose of the committee should be
clarified. The Village Manager stated that their purpose is
described in the Code of Ordinances. She suggested that the
Architectural Review Board.'should be kept involved. Their input
is important. Their duties and responsibilities could be more
clearly defined in the Code as part of the recodification. Mrs.
Morris also suggested redefining the Beautification Committee in
the Code as far as landscaping standards throughout the village.
C/M Hirschl feels the Beautification Committee serves a useful
purpose. He would like to see the boards remain but to have
their roles redefined.
Mayor Stern agreed with C/M Hirschl; it was the appointment of
members that she wanted to defer.
C/M Taplin stated that the Council needs to take care in who it
would appoint. The members should have a background in
landscaping, architecture, planning or related fields.
The Village Manager stated that the Council may wish to consider
changing the composition of the board. She and the Building _a
Official could be ex-officio members, but not voting members of
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either board.
Richard Weiss, Attorney, recommended that language be changed to
provide that the Architectural Review Board shall be called upon
to review variances, rather than at the option of the Village
Manager.
Mayor Stern asked if it advisable that Council members consider
who they would like to see appointed to the Committee.
C/M Boggess suggested that the Manager, Attorney and Building
Official recommend how the boards should be structured with
respect to the duties and qualifications.
The Village Manager recommended that a story could appear in the
upcoming newsletter requesting volunteers come forward who have
the needed background.
Richard Weiss stated that the current ordinance gives the
Architectural Review Board the authority to hold public hearings
and he asked Council if they want to keep that provision in the
Code or only give Council the authority to hold public hearings.
The staff is instructed to prepare a report for the next
available meeting. No action taken.
B. Village Attorney
Richard Weiss asked Council if it wants to maintain the practical
difficulty standard or go back to the hardship standard to
consider variances. He explained that a hardship is a situation
such as a lot is of such an unusual shape that a structure could
not be built on it without violating the setbacks (non -self
imposed). The hardship standard was changed to practical
difficulty some time ago. If Council wants to have a very strict
standard, they should go back to hardship. If they want more
flexibility, leave the Code the way it is. The Council agreed to
keep the practical difficulty language.
C. Village Manager
Mrs. Morris first thanked Chief Baquero for the lovely evening
sponsored by the Dade County Police Chief's Association that
Village officials attended the previous night at Danilo's
Restaurant. She also complimented the Village Clerk on an
excellent job in managing the election.
1. Quarterly Financial Report - 1/1/89 thru 3/31/89
Asst. Mayor Blank indicated that it appears the Village is in
excellent financial condition based on the statement. C/M Taplin
asked the Finance Director about the overexpenditure of the
capital outlays. Mrs. Morris responded that one of the items is
replacement of the police radar gun and other operating equipment
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which are one time purchases.
2. Approval of Expenditures
a. Building Department Computer - The cost is
$3,317.00 from Caber Systems representing a savings of over $600
versus direct purchase from IBM. This equipment is provided for
in the current budget and is purpose is to streamline the work of
the department.
C/M Boggess moved and Asst Mayor Blank seconded a motion to
approve this purchase.
Vote Taken: All Voted Aye
b. Light Fixtures - Sun Bank Median
c. Installation of Light Fixtures/Electrical Service
at Sun 'Bank Park - Mrs. Morris suggested
discussing items 2 and 3 simultaneously because they*are related.
She reported that the DOT permit has been secured and. work will
begin shortly. George Winterling, who designed the lighting for
the medians, was asked to design the lighting for this project as
well in order for it to be consistent with the Collins Avenue
median lighting. Mercedes Lighting, the County bid recipient and
local vendor for this material, has the fixtures available that
would be needed at a cost of $20,876.94 which cost is within the
budgetary guidelines for the project.
The Village Manager continued that proposals have been received
for the installation and start up of electrical service of the
median lighting. The three bids were submitted by Angle Electric
in the amount of $10,400; J. M. Carter & Sons in the amount of
$10,600 and Moody Electric in the amount of $11,200. After
review of the bids by the Village electrical engineer, it is
recommended that the bid be awarded to J.M. Carter & Sons, Inc.
in the amount of $10,600.00. While this was not the low bid,
this company has done extensive work in the Village and is used
frequently on an emergency basis.
Asst. Mayor Blank moved that the recommendation of the Manager be
accepted on both the light fixtures and installation. C/M Taplin
seconded the motion.
Vote Taken: All Voted Aye
d. Garbage Truck - Award of Bid - This procurement
is provided in the current budget. The vehicle depreciation
account was funded, so the cost has been set aside over the life
of the vehicle that is being replaced. Five bids have been
received. The low bid is $56,620.00; however, staff is not
recommending that bid be awarded. The .bid being recommended for
award is from Ray Pace Equipment Sales in the amount of
$56,973.00. The reason for recommending this bidder is that the
equipment he is offering is compatible with the equipment already
on hand, so the public works department would not have to '_
maintain an additional stock of parts. This will replace an
existing piece of equipment. The old equipment will be sold on
the open market to the highest bidder.
Asst Mayor Blank moved that the garbage truck recommended by the
Village Manager be approved for purchase. C/M Taplin seconded
the motion.
Vote Taken: All Voted Aye
4. Report and recommendation regarding pools in
setback areas - Mrs. Morris, Village Manager said
this item is a result of a request of C/M Boggess at the last
meeting. She, the Building Official, Engineers and Attorney have
reached the opinion that allowing pools up to 20 feet from the
seawall is not necessarily a bad thing. What needs to be done is
tighten up the ordinance -with specific guidelines to protect the
seawall. They are proposing that an ordinance be,prepared for
the next meeting that would incorporate those safeguards.
Richard Weiss added that the engineers felt that this procedure
can be done, if done properly, and will protect the seawall.
Their recommendations with regard to inspection of tie backs and
plans approval would be included in the ordinance as well as a
Hold Harmless Agreement, so any damage to the seawall would
protect the Village from liability.
Mrs. Morris stated that if a the resident's engineer wanted to
use a specific technique not provided for in the Code, that
engineer would have to certify to the Village engineer and
receive approval that the new system would provide adequate
support and reimburse the Village for the engineering services.
Asst. Mayor Blank pointed out, in reading the minutes from the
last meeting, that there are several inconsistencies in people's
comments. On the one hand, Mr. Santucci was told if he did
certain things with respect to his variance request there
wouldn't be a problem which he did, then he came to the meeting
and was told the variance would not be approved. The Village
should have rules and regulations which should be adhered to.
C/M Boggess clarified his comments read from the minutes that he
did not say the ordinance was detrimental, but rather because of
all the questions raised, he was beginning to question his own
judgment in recommending this. Mrs. Morris said that while the
Building Official could give guidance to applicants, only the
Council has the authority to grant variances.
C/M Hirschl clarified that the recent variances requested vary in
nature - the issue of a pool in the setback is different than a
structure in the setback - while they appear to overlap, they are
separate issues. Being a resident living on the water, he
prefers pile driven pools as a safety matter to protect the
seawall in case of hurricane or other natural disaster.
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Discussion was held relative to specific cases of homes in the
Village that installed pools and the circumstances surrounding
the methods used in those installations. The Village Attorney
acknowledged that he will prepare an ordinance that will reflect
the desires of the Council and safety needs of the community.
All the Village consultants and staff work very hard to cooperate
with the residents and their consultants in complying with their
wishes. In order to recoup the cost of Village consultants'
time, Mrs. Morris indicated that a fee will be included that
would cover Village costs for situations that do not require a
variance, but can just apply for a building permit, which is not
currently addressed in the Code.
3. Report on request -for proposals for Consulting
Engineer - Mrs. Morris stated that because of recent
difficulty with the consulting engineer, the administration
advertised for proposals for consulting engineering services.
Several responses were received and reviewed by herself, the
Public Works Superintendent and Building Official. The three
finalists were A D A Engineering, Seiler Keller and Associates
and Craig A. Smith Associates. Each was interviewed and
investigated. The ranking was Craig A. Smith, Seiler Keller &
Associates and A D A Engineering. She and Bob Wheldon visited
the Craig A. Smith facility. Mrs. Morris introduced Craig A.
Smith, Bill Landis and Gene Shriner who will be handling the
Village account. The agreement has been prepared, however, the
attorney has not had a opportunity to review it.
In response to a question of C/M Taplin regarding cost, Mrs.
Morris responded that consulting and troubleshooting be performed
on an hourly basis. Specific projects would be on a lump sum fee
after negotiation. The costs are spread throughout the budget in
the various funds depen#ng on the service performed - water
fund, sewer fund etc.
Discussion was held regarding the factors used in the agreement
to establish fees. There is no fixed fee, but rather on an
hourly basis. The capital project fixed fee would be presented
to Council for approval. Their personnel costs are delineated
for informational purposes with the understanding that the
Village is only paying for the level of service provided. Each
invoice will reflect the level of service and cost thereto. Mrs.
Morris informed Council that $34,900 was spent last year on
routine engineering services
C/M Boggess moved that the Village
an agreement with Craig A. Smith &
the Village Attorney. C/M Hirschl
Vote Taken: All Voted Aye
9. Other Business
Manager may proceed to execute
Associates after approval with
seconded the motion.
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9. Other Business
a. The last item by the Village Manager is a draft memoranda
of agreement between the Village and the State Department of
Environmental Regulation. This relates to the grant request for
the sewer pumping station rehabilitation project and subsequent
loan application. This agreement represents the results of the
loan request and the Village consultants believe this is the best
agreement hoped for. This provides that the two agencies agree
to disagree as to whether the plans and specifications were
complete on September 30, 1988. However, there is agreement that
they were complete on another specified date which will ensure
the Village being placed on the loan list to secure the loan this
year (May or June)
The Village Attorney advised that this is an approval of the
settlement of the administrative proceedings. He would like it
to also give an assurance of funding. The loan world be in the
amount of $843,000.00 with payments to start the first year after
completion of the work. The interest will be approximately
$60,000.00 annually for 20 years. Once the agreement is
executed, the Village would be ready to go to bid.
C/M Boggess moved and Asst. Mayor Blank seconded a motion for the
Village Manager and Village Attorney to proceed with this
agreement.
Vote Taken: All Voted Aye
b. Harland Bartholomew - C/M Taplin queried the Village
Manager about not using Harland Bartholomew for the workshop
meeting on the Oceanfront Zoning District. She thought it would
be better advised to use someone from the academia. Dean Reagan,
University of Miami, was contacted and he recommended Ralph
Warburton who has extensive experience working with other
government agencies as an engineer, planner and architect. He
has been reviewing all the documents involved in order to give a
presentation on April 26th. C/M Taplin asked that Mr. Warburton
bring the photographs and shadow studies used previously by Dean
Reagan.
C. Beautification Committee - Asst Mayor Blank commented
that he doesn't approve of the way the committee makes its
selection for awards. He feels that an outside person in the
profession should be used to make the selections. Mrs. Morris
agreed that there are people in academic field or other
professionals who would be available for that purpose. Mayor
Stern commented that this could be reviewed at the time of review
of the committees for recodification.
10. Adjourn - There being no further
adjourned at 10:40 A.M.
Attest:
Marilyn Kreger -'Village Clerk
business, the meeting was
I 4ZLIA �11� - -
Mayor Estell St y e