HomeMy Public PortalAbout1992-10-20 Regular Meeting128
COUNCIL MINUTES
REGULAR MEETING - OCTOBER 20, 1992
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, October 20, 1992, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:35 a.m.
by Mayor Stern. The roll was called and those present were:
Mayor Estelle Stern
Assistant Mayor Andrew R. Hirschl
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Carole S. Morris, Village Manager
'Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting
commenced.
2. Approval of Minutes: A motion was offered by Councilman
Taplin and seconded by Assistant Mayor Hirschl to approve the
minutes of the September 1, 1992 Budget Workshop Meeting. There
being no changes or additions thereto, the motion carried
unanimously (5-0), and the minutes were approved as submitted.
Councilman Blank requested that the minutes be corrected, page 2
last paragraph should read received $7,000 not $70,000. A motion
was offered by Councilman Blank and seconded by Assistant Mayor
Hirschl to approve the minutes of the September 15, 1992 Regular
Meeting as corrected. There being no further corrections or
additions thereto, the motion carried unanimously (5-0), and the
minutes were approved as corrected.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to approve the minutes of the September 15, 1992
Budget and Zoning Hearing. There being no changes or additions
thereto, the motion carried unanimously (5-0), and the minutes were
approved as submitted.
Councilman Boggess requested that the minutes be corrected, page 2,
should read Mrs. Morris to contactnot contract. A motion was
offered by Councilman Boggess and seconded by Councilman Taplin to
approve the minutes of the September 30, 1992 Budget and Zoning
Hearing as corrected. There being no further corrections or
additions thereto, the motion carried unanimously (5-0), and the
minutes were approved as corrected.
Mayor Stern stated with the permission of the Council, will
take out of order, that Sheraton Bal Harbour wishes to speak.
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Sheraton Bal Harbour
Mr. Gomez, General Manager of the Sheraton introduced Mr. Jim
Harrison of Atlantic Beach Club, Inc. Mrs. Morris stated that
Beach Bob has vacated and the Sheraton has filed for a permit with
the State of Florida, Department of Natural Resources to allow Mr.
Harrison to conduct rental services on the beach located in front
of the Sheraton property. She further stated that she requested
Mr. Harrison to appear before the Council and explain the operation
of his company.
Mr. Harrison stated he will have sailboats, wave runners and
parasails, no water skis nor motorized boats. An activity line
will be established and all activities will be south of that line,
as well as his company will control the entire water area and will
be in touch with the Coast Guard at all times. He further stated
the office will be Kiki Hut and off the ground on portable deck and
will open at 8:00 a.m. and close at 5:00 p.m., heassured the
Council there will be no music and Mr. Harrison further stated he
would handle all complaints personally. Mr. Gomez as.sured the
Council if any problems arises, it would be eliminated immediately.
Councilman Boggess requested Mr. Harrison to describe the fantasy,
Mr. Harrison explained this is a display.
3. Presentations: Officer of the Month - None.,
Munisport Project: Mrs. Morris reported the proposed
racetrack is being moved to the Homestead area and that has been
confirmed by some normally reliable sources. However, the
amphitheater project is still going forward. The City. of North
Miami would be the enforcement agency for the noise levels that are
defined in the amphitheater contract. This may put the Village
into a similar problem as they experienced with Sundays.
Mr. Weiss has recommended the Village speak with the firm of
Holland & Knight. Mrs. Morris stated she had met Monday with
Mickey Kanton, Reeder Glass and Sam Pool to review the avenues open
to the Village to contest the plans for the amphitheater. She
further gave a brief background of the representatives of Holland
& Knight. Mrs. Morris stated she,had spoke to Bay Harbor Islands
and to date they have not agreed to contribute to Mr. Fletcher, who
is representing the Coalition, they are hoping the costs will be
defrayed by private contributions, as well as speaking to Mr.
Fletcher and if it is the Council's desire will set up an
appointment for him to speak to the Council. However, Holland &
Knight recommends that a decision be made and council be retained.
It was recommended to authorize an expenditure up to $5,000 to be
spent in an appraisal of the project.
Councilman Taplin questioned what kind of report are they
recommending, Mrs. Morris replied they have done a review of the
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documents that Mr. Weiss had provided but once they had been
retained the firm would become involved fully. She also stated
that another amphitheater is being proposed in the Tamiami area.
Councilman Blank stated before paying a fee he suggests the Village
receive sufficient information by attending the meetings. He feels
too many attorneys are involved already. Mrs. Morris stated she
had questioned Holland & Knight if this was a $5,000 or $50,000
problem they felt that the first thing that had to be done was some
type of appraisal of the project. The fee would be based on $150
per hour and the Village would only be billed for the amount of
time they spend on the appraisal.
Assistant Mayor Hirschl stated he disagrees with Councilman Blank.
That he has an obligation to the citizen's, genuine concern. North
Miami went ahead and signed the contracts with no concern for Bal
Harbour. He further stated he attended the planndng Commission
meeting until 10:30 p.m. and although there were 100 people against
to 1 person for, the Commission decided to defer that decision
until they were able to receive more information. In retitining the
attorney basically it conveys the right signal that to the
surrounding municipalities Bal Harbour will protect its own
interests.
Councilman Boggess stated he agreed with Assistant Mayor Hirschl
that they must protect the interest of the citizens'., Councilman
Taplin also agreed, and that the $5,000 is for a study. Mrs.
Morris replied yes, the cost would not exceed $5,000. Mayor Stern
stated that attending meetings is well but would not help Bal
Harbour as much as the attorney. Councilman Blank stated that he
disagrees, to retain an attorney to complete the study would not be
a good investment.
Mr. Weiss stated he is very concerned and gave the reasons he had
in recommending the firm of Holland & Knight. He further stated
that at times the political way is least expensive.
Mr. Olsen, 224 Bal Bay, questioned if the Resort Tax fund could
share in the expense of the legal fees.
Margie Shell, 9801 Collins Avenue, agree that Bal Harbour should
spend the money for an attorney, must consider the traffic.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Hirschl to retain Holland & Knight. The motion carried, and
the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl
aye; Councilman Blank nay; Councilman Boggess aye; Councilman
Taplin aye.
5. Ordinance - Second Reading/Public Hearing: An Ordinance
was read by title by the Village Clerk repealing Section 11-28 of
the Bal Harbour Village Code which provides for an oral warning
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requiring abatement of a noise disturbance prior to the issuance of
a violation. Mayor Stern then opened the Public Hearing.
Mr. Weiss stated that the Special Master requested that the Code
Inspector try to give an oral warning.
Mrs. Candice Beckman stated she does not agree with the Ordinance.
An oral warning should be given. This ordinance would give the
police the right to issue violations for any reason without first
warning the parties.
After Mayor Stern closed the Public Hearing, a motion was offered
by Assistant Mayor Hirschl and seconded by Councilman Taplin to
enact this Ordinance, the motion carried and the vote was as
follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman
Blank aye; Councilman _Boggess; Councilman Taplin aye; thus
becoming:
ORDINANCE NO. 378
ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA
REPEALING SECTION 11-28 OF THE VILLAGE CODE
WHICH PROVIDES FOR AN ORAL WARNING REQUIRING
ABATEMENT OF A NOISE DISTURBANCE PRIOR TO
THE ISSUANCE OF A VIOLATION; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
6. Ordinance/First Reading: None
7. Resolutions: None
8. Reports and Recommendations:
A. Mayor and Council: None
B Village Attorney: None
C. Village Manager:
1. Request for authorization to Proceed - Water &
Sewer Department Rate Studies: Mrs. Morris stated that currently
the water fund is operating at a deficit, due to the close
relationship of the two departments it is not unusual to proceed
with the studies in tandem. The consulting engineering firm, Craig
Smith & Associates has submitted a proposal of $3,000 each for
completion of a rate study for the water and sewer departments. At
this time requesting the Council's authorization to proceed.
A motion was offered by Councilman Taplin and seconded by
Councilman Blank to authorize the Village Manager to proceed with
Water & Sewer Department Rate Studies. The motion carried, with
the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye;
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Councilman Blank aye; Councilman Boggess aye; Councilman Taplin
aye.
2. Architectural Review Board - Proposed Rule:
Mrs. Morris stated that the Board proposed the inclusion of an
additional rule that for those projects requiring landscape review
in the Ocean Front District, shall require sealed plans prepared by
a registered landscape architect. Mayor Stern stated in her
opinion the Board should be eliminated. Councilman Blank stated he
has attended every meeting of the Board and explained the strict
control. Mr. Weiss stated the Board operates the same as other
Boards, basically what the Board does is appropriate. Discussion
followed as to when plans should have a seal and it was explained
when no building permit was necessary.
Assistant Mayor Hirschl. recommended that all new construction
plans be sealed by a registered landscape architect and in the
Ocean Front District only if a Building Permit is required.
Discussion was held as to the Board reviewing applicatioes when a
variance is necessary. It was the consensus of the Council that
the variance application be heard and acted upon by the Council and
then the project forwarded to the Board for approval of the plans.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Taplin that all new construction be sealed by a
registered landscape architect. The motion carried, with the vote
as follows: Mayor Stern aye; Assistant Mayor Hirschl aye;
Councilman Blank aye; Councilman Boggess aye; Councilman Taplin
aye.
Collins Avenue Median landscaping: Mrs. Morris stated
she has received word from the Department of Transportation that
the amended landscape plans will be approved, except for the
portion from 96th Street to Bal Cross Drive will have the Palms
placed 20 feet on center,'as opposed to 10 feet in the remaining
areas. Mr. Whitman is still seeking approval of the plans as
submitted
Jogging Path: Mrs. Morris stated she has located the
original plans and has met with the Village's engineers to talk
about rebuilding the facility. Prior to construction, the Village
must obtain approval from the Department of Natural Resources. She
further stated it is her intention to provide for reconstruction
which would require less maintenance.
Essx Telephone Service: Mrs. Morris explained that the
current telephone system is six years old and that in changing to
the Essx system the saving to the Village would be $180 per month.
The only difference would be that users will need to dial "9" in
order to obtain an outside line. Mayor Stern questioned the start
up charges. Mrs. Morris replies the cost to implement this change
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would be $1600.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank to authorize the Village Manager to proceed with
an Essx telephone service. The motion carried, with the vote as
follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman
Blank aye; Councilman Boggess aye; Councilman Taplin aye.
4. Public Hearing: The Village Clerk advised Council that
the owner of property located at Lot 18, Block 12, Residential
Section of Bal Harbour, more commonly known as 272 Bal Bay Drive,
is seeking a variance of section 21-102(a) to permit construction
of a covered patio 7 feet into the front setback and 1 foot in
average height of the residence. Mayor Stern then opened the
Public Hearing.
Mrs. Morris stated that the Building Department recommends denial
of the request for a variance to encroach into the 'setback. No
such variance requests have been granted in the residential
district. No objection is offered to the 1 foot increase in the
height of the structure. Councilman Boggess stated he could not
understand how the architect could draw a set of plans knowing they
where in violation of the Village Code and expect the Council to
accept. Mr. Padilla, architect representing the owners Mr & Mrs.
Richason, explained the lot bends and only the 16x16 column is
encroaching.
Mr. Richard Olsen, 224 Bal Bay Drive, stated historical no front
setback variance has ever been granted, but did not object to the
height variance request. He further stated that for the Council to
grant a variance the owner must demonstrate a hardship.-
Mr. Weiss questioned if there is a encroachment of the roof beyond
the 3 feet, Mr. Padilla replied yes. Therefore is it the
combination of the roof and columns that encroach into the setback.
Councilman Blank questioned the architect if=at the time the plans
where drawn did he know they were encroaching? The architect
replied yes, but he believed due to the irregular lot configuration
a hardship does exist.
Mr. Weiss reminded the. Council of the criteria per the Village Code
in granting a variance, compatible, substantial justice, maintain
the spirit of this chapter, compliance with the strict letter of
the regulations will result with the practical difficulty as to
prevent the owner from using the property for a permitted purpose
or render compliance unreasonably burdensome. There being no
further comments, Mayor Stern closed the Public Hearing.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Boggess to deny the variance request for 6 foot
encroachment into the front setback variance. The motion carried,
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with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl
aye; Councilman Blank aye; Councilman Boggess aye; Councilman
Taplin aye.
A motion was offered by Councilman Blank and seconded by Councilman
Taplin to grant the variance request for 23 feet in structure
height. Discussion followed. Councilman Boggess questioned the
interior height of the first and second floors, the architect
replied 8 feet. The extra height would be for the roof not for the
interior of the house. Assistant Mayor Hirschl questioned the
architect that with the denial of the setback, he had stated early
the requests were both necessary. The architect replied with the
denial of the setback variance he would pull the column back and
therefore this would reduce the roof span. The motion failed, with
the vote as follows: Mayor Stern nay; Assistant Mayor Hirschl nay;
Councilman Blank aye; Councilman Boggess nay; Councilman Taplin
aye.
A motion was offered by Assistant Mayor Hirschl and;,seconded by
Councilman Boggess to deny the request for a 1 foot height
variance. The motion carried, with the vote as fo110 s: Mayor
Stern aye; Assistant Mayor Hirschl aye; Councilman Blank nay;
Councilman Boggess aye; Councilman Taplin aye.
9. Other Business: Mr. Bob Maute suggested that the Village
purchase a new microphone system and put in place a permanent
easel.
10. Adjourn: There being no further business to come before
the Council, a motion was offered by Assistant Mayor Hirschl and
seconded by Councilman Blank to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 11:50 a.m.
Mayor Estelle Stern
Attest:
Jeanette Horton,CMC/AAE
Village Clerk
/jh
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