HomeMy Public PortalAbout1993-11-16 Regular Meeting57
COi1NCIL MINUTES
REGULAR MEETING - NOVEMBER 16, 1993
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, November 16, 1993, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:35 a.m.
by Mayor Spiegel. The roll was called and those present were:
Also present:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman ,Andrew R. Hirschl
Councilman Sol M. Taplin
Carole Sherouse Morris. Village Manager
.Jeanette Horton, Village Clerk
Richard J. Weiss. Village Attorney
As a quorum was determined to be present, the meeting
commenced.
^. Approval of Minutes: A motion was offered by Councilman
Boggess and seconded by Councilman Taplin to approve the minutes of
the October 16, 1993, Regular Meeting. There being no changes or
additions. the motion carried unanimously (5-0), and the minutes
were approved as submitted.
3. Presentations: Officer of the Month - Officer Steven
Goldberg: Chief Treppeda read from his memo, the accomplishments
of Officer of the Month for October. 1993, Officer Steven Goldberg.
Officer Goldberg was presented a plaque and a check in the amount
of $100. The Mayor and Council then joined in thanking him for his
outstanding efforts.
4. Public Hearings: The Village Clerk advised the Council
that the owner of the property located at Lot 20, Block 9,
Residential Section of Bal Harbour, more commonly known as 20S Park
Drive. is seeking a variance from the requirements of Section 21-
127 to increase the average roof height from 22 feet to 26.17 feet;
which would require a 14.17 side setback. Mayor Spiegel then
opened the Public Hearing_
Mr. Choeff, Architect. 3909 N. F. 163 Street, North Miami Beach.
addressed the Council on behalf of the owner Steven Dunn. He
referred to FEMA ruling requiring a flood elevation of 3 feet above
sea level, and the crown of road at 1.96 feet. Therefore, over 4
feet immediately is lost, in what is judged to be from crown of
road to peak of the roof. He continued to explain it is impossible
to build a two story home, with the 22 feet height limitation as
per the Village Code. He then proceeded to show a renderine of the
proposed residence. He continued to explain it is an existing one
story residence, the owner proposes adding a second floor, and
renovating the entire inside and front of the house. As well as,
5ti
adding a pool area. Mr. Choeff explained the area where the
second story will be added has a setback of 15 feet on one side
and 25 feet on the other side. He further explained the existing
-esidence setback is 10 feet, t.herefnre the reason for the variance
request. He continued to explain even if both floors had 4 foot
ceilings, it would still he impossible to stay within the 22 feet
height limitation and have the house to code.
Ms. Dina Cellini, 211 Bal Cross Drive, stated her concern is that
with the proposed addition she would have no privacy when using her
pool. Another problem is that the house may he encroaching into
her corner. She further stated she is concerned that ton many
variances are being granted, which could result in very large homes
on small lots.
Mr. Choeff explained in answer to Ms. Cellini concerns of having no
privacy when using her pool. The setback is 15 feet in the south
east corner, where Ms. Cellini's pool is located, therefore he can
foresee no problem. He further explained as stated previously,
with the existing criteria it would he impossible to build a two
story home.
Councilman Hirschl questioned the square feet of the proposed
structure. Mr. Choeff replied including the addition, which is
1700 square feet, the square feet of the entire house would be
4400.
George Desharnais, Building lnvnectnr, stated the proposed addition
has setbacks of 15 and 25 feet. Therefore, a variance would not be
necessary if not for the existing house setbacks.
Councilman Hirschl stated with all the proliferation of new owners
who have new ideas on renovations nr demolishing and rebuilding,
as well as. with the comments from the Architects and other
information the Council hfs rec.ivcrt. it is vetting more difficult
to build a two story house tit,- the present Vcode being so
restrictive. He further explained the Council is at a workshop
session now reviewing the village's Inning code. No decision has
been made at this time, but the sentiment of Council is that they
will increase the height limitation. He further c.tated the Council
very concerned about homes with .00f to 0000 ',rjnare feet on
-mall lots. Tf legally possible the Council will control the
1_n..it' Councilman Hirschl t>1,,, t,., eht or thy ciJilings,
as well as. the rent' setback. M,, rhn,-ff replied both floors would
hive 0 feet ceilings. He .rntir,.rd tr Ov2initt the rear czuth.lck is
2' feet.
;uncliina❑ Boggess conimert,..i
rower variances then almost
"•. council is now he: rc
:,ad. and flood elevatinr•:.
:eent1y -anted ar 1R irch
- t a r r.., ..t- i 1 vent i r2
th.t tt,+, t.,i 1 t'gc Coon,.: l has granted
nt1,r•r nitin T1.adr county. But,
,.rl t,:et. the r.. -L',Ts or the clown ,if
lr., o,1. ^ur.ia , plain th,, rour;il
..r�, f- ft.;. 7.1.1n1ph hn11...r: tr, 1te
r
1
built on Bat Bay Drive. The' Arbhitettlital'Review Board commented
the architectural design of the house was hurt by not granting a 3
foot variaflbt•'?!" y;
Councilman TaPlin`'stated':that"'1>a♦nyone bililding a new'r house in Bal
Harbour„ with the cost of fhc rliSalliDbbIlld ifRiat'"on'Ja 9 "or 10 foot
ceiling heightIVile , eetinued''Streitg1siittbit'ihaiy:;p0'bdominium are
being built with'91bi t0"foot'"t'''iI'!ii$"heetghY:°'`Th'et.Yore , he feels
the height Iidfiffitfionlei I1 havd'tfb':be"chishged:;.MOWSpiegel then
closed the Pub1%Ib?Neitiing."""/9qa '�^^" .�.r, tt ,
;,....nif.
A motion vide'? 'offered by CounFi Iman ' Boggess t.and <, seconded by
Councilman''WO Tjr:that ' the 'requested variance beT"granted. The
motion carried "With the voter'Ite follows;''Mayor—Spiegel aye;
Assistant Mayor`:Blank aye; Councilman Boggess' aye; Councilman
Hirschl ay"e;'.Couhbilman Taplin aye; and the variance'was granted.
5. Ordinance - Second Reading/Pnhlic RPArinz: An Ordinance
was read, by title, by the Village Clerk which authorizes the
filing of a certification request with the Federal Communication
Commission to obtain authority to regulate Basic Cable Television
Rates,_:f_i.ling'.of .complaint$, enforcement of customer services
obligation roses..:. Mayor Spiegel.._then opened the`Public,Hearing.
Mrs. Morris' explained a Resolution was adopted at the -September
21st meeting 'authorizing the Village to regulate cable rates. She
further 'explained that Mr. Weiss's office advised now the Federal
Communication Commission is requiring an Ordinance stating the
Village will 'foijow their rules. and regulations. Today is the
second reading of 'that Ordinance. Mrs. Morris stated she has been
talking with Metropolitan Dade County, Miami Beach, and the other
Commodities serviced by Gold Coast Cable, and there is some
interest in working as a group relative to regulation of cable
television rates. She continued to explain the advantages of
working .as a group, and the cost would be based on the number of
subscribers not en population.
Mr. John Bruno questioned if this would cover home service. Mrs.
Mor'ffs replied it 'does in establishing rules and regulations, by
which this can be done:
Mr. Bob Maute stated "the television cable is exposed on Park Drive
since the 'Hurricane. Mrs. 'Morris stated she will speak to the
cable'company. 'Major Spiegel then closed the Public Hearing.
, . i.
A molioti'Was ' offered by Councilman Taplin and seconded by
Councilman Hirschl to enact this,Ordinance. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
'aye;' Councilman Bbjggebs aye';'.Comic iLilian' Hirschl aye; .Counci'man
g
Regular Council Meeting 11/16/931•V
Taplin aye; thus 'be'comih '
60
719tORDINANCE NO„':38$7 , ,tfi tr.
"^grit! ! of j. " ;`�F; .#! Y` h i '
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA;
ESTABLISHING THE REGULATIONS.B'pWHICH BAL
'HARBOUR a VILLAGE SHALL; REGiij,` w jC 1Ti£R
CABLEilt TES;' AUTHORIZING t1' I fj(} Qp
' COMPlIA NTSt+.WITH ,THE' FEDE ...... feIATION,
COMMIOION rFQR .OTHER TIERS k 1(I:E1, :3
:'AUTHORIZINQ ENFORCEMENT OP 'ARABLE'
TELEVISION CUSTOMER SERVICE; OATIONS'•
RULES WITHIN BAL HARBOUR VILLAGE;
E STABL FSH j,i!jG " RECOGN I T I ON.. OF , THErtCOMP,LI ANCE
WITH` ALLnREGULATIONS CURRENTLYIORtHEREAFTER
ESTABLTSHED'BY THE FEDERAL COMMUNICATIONS
COMMISSIQN;''AND PROVIDING FOR SEVERABILITY,
INCLUSION IN'THE CODE AND'AW EFFECTIVE DATE,
6. Ordinance- 'First Reading; • ;None
7. Resolutions: None
8. Solaroll Shade & Shutter Corporation Mr. Harry Newman.
Jr. - Appeal of Decision made by Architectural Review Board;''
Mr. Newman addressed the Council in reference to Shaker Villas. He
explained before Hurricane Andrew there was three different styles
of shutters on the•building. He continued to explain that after
the storm, two different styles were installed. Mr. Newman
proceeded to explain the Architectural Review Board approved one
type then disapproved the original type; and would only approve
roll up shutters. Mr. Weiss questioned if -the applicant was.
present. Mr. Newman replied no. Mr. Weiss stated the proper
person to appeal a decision made by the Board should be the home
owner. He further stated that application to the Architectural
Review Board should be from the owner and not a vendor. Councilman
Hirschl questioned if it was possible 'to use roll up shutters
instead of accordion shutters. Mr. Newman replied yes. Councilman
Boggess questioned if the owner was out of town. Mr. Newman
replied he was not sure if Ms. Heber was out of town, at this time.
Mrs. Morris explained the•Board was concerned es to the different
types of shutters on this building. She further stated the concern
was in terms as to aesthetics. The same type of shutter should be
used throughout ,the building, which would give a more uniform
appearance. •• Mr. Weiss recommended to the Council this' matter be
continued -until the'ne'xt meeting, pending a letter from the owner
and the building. Mr. Weiss stated that in the future,
ap'plicationg to the Architectural-Revi'ew'Boatd• should be from :the
owrier,•or, a letter authorizing an agent: ,.I
4n r: r •.. r ,M l'°.".IFq t t.�? -. e, its''
i:r:A'motion was ' bffeseed • by Councilman 4Taplin and secondedAirby
Councilman Hirschl to defer this mattg. i!fittif•l .the next mentjXig,
The motion carried vyith the vote as follows: Mayor Spiegel. aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Couni main
t Regular Council Meeting.11/16/83'!1,?•+' itISSOt 1.
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61
r
Hirschl aye; Councilman Taplin aye. s"
9. Mario Noto. 290 Bal Bay Drive - Unsanitary Conditions
Existing within Bal Harbour: Mr.4Ioto:addressed the Council and
explained his building is located on the west side of the southerly
end of the fkaulover..br-idge:_..,_;.He_.proceeded-,to.. read a statement
explaining the deplorabfe conditions under the bridge. ` lr.,,tloto
then distributed pictures to the Council of What ,he hadAesaribed.
,+.,
Assistant Mayor Blank stated he agreed with Mr. 'Nofo.aetito`the
conditions under the bridge.'He further stated he viewed the area
this past,weekend -He questioned Mr. Noto if this situation'was
discussed with the VillageManager.' Mr...Noto replied he'pers'onally
did not call Mrs.�,Morris, but does know calls were made to the
Village Ha11. •
Mrs. Morris stated that one of the problems is due to the fact the
Department c.f Transportation required the Village provide them with
a staging area for the Collins Avenue paving. She further
explained she will speak to the project manager about cleaning up
this area. The other problem is that graffiti is increasing
throughout the Village. She continued to state the problem of
debris under the bridge has always been a problem. She will get
with Mr. Wheldon and view the area, and determine what belongs to
the Department of —Transportation, as well as stepping up cleaning
of the area. Mr. Noto stated he is not looking for a temporary
solution but, a permanent solution to the condition under the
'.ridge. Councilman Boggess suggested that the Resort Tax Committee
look into appropriating funds to maintain this area. Mayor Spiegel
stated this area should be maintained equally as the rest of the
Village. Mr. Wheldon explained that this area is also used by
Southern Bell and Villa & Sons. He further explained as to the
maintainance under the bridge, the Village public works spends from
one to two hours every Monday cleaning up this area.
Mayor Spiegel thanked Mr. Noto for bringing this matter to the
Council's attention.
9. Reports and Recommendations:
A. Mayor and Council: None
B. Village Attorney:
Re -Districting :- Mr. Weiss explained his report
contains,the update as to the law regarding re -.districting. He
continued to expl4irn the conclusions that were reached:" Such as,
the current districting does meet the•requirements of..the law, and
have,given the Council,.several different options. Councilman Blank
stated singe,the'ieport is very comprehens3.ve.,.:,hei wouId prefer
deferrings,diseussiot'until thnext•:meet`ing.' Mrs::Moirisig:stated
Copies of Mi We'is§'s leiter`wie11 be'avti1able for the pub'lic1' It
Regular Council Meeting 11/16/93`•'t
62
was the consensus of the Council .to -defer -discussion, untii;lthe'.
next meeting. '
., Ci vilrage Manager:
t atf
f, Drainage Svstem1-murovements::} rs�_tMorris explained
that Mr. DgDnis Hammaker and Mr: -0.ene 3c�}lrilt�e o -Craig
,�f Smith ,:&
ASsociateaare present 'to explain this ,pr, ;,. Mrs 'Mora`;s'tPen `
proceeded to recap of the reasons for this'project, referring 'to
'thetstormdrain failure in the area -of. BaljRm:prtive and Harbour
.Way.' She ,continued to explain at that �time*$he.,becaine concerned
that other intersections in the community that. have never, been
replaced orArestored might also be in danger,o# collapse. Mrs.
Morris:further explained the County will'notissue a permit for the
replacements, without seeing plans for the treatment of the
rainwater drainoff.
•
Mr. Hammaker explained the -current needs of the Village, and the
proposed program. He further stated that a phased approach to the
improvements is in the best interest of -the Village and DERM. He
then proceeded to explain the four phases that are proposed. He
continued to explain that DERM would require a commitment from the
Village to complete the entire program within a specific period of
time. Discussion followed as to the period of time for completion
of this. program.
Mrs. Morris stated some funds are now available, as well as, funds
nay be available -from other sources. She further explained the
type of pipe that would be used in the replacement. She continued
to explain the life span of the pipe is estimated at fifty years,
fund the pumping station at twenty five years.
Councilman Blank requested a breakdown on administrative,
contingency and engineering fees. Mrs. Morris explained the
figures presented to the Council are only an estimated budget. She
further stated she hopes this project will come in under the
s timated figures.
Councilman Boggess suggested that one million dollars be allocated
from the General Fund and completion to be—Within-5 years.
.1 motion was offered by Councilman Boggess and seconded by
Councilman Taplin that it is the Council's intent to begin this
;project with current funds that are -available, and its further
intent'' is to complete the project in 5 years, but in no event
longer than 7 years. •The motion Carried wit4h t' a vote as follows: ,
Mayor Spiegel aye;,Assistant Mayor Blank aye,;- Councilman Boggess.
aye;'Counci.iman Hirschl aye; Councilman Taplin",aye.
,1'1. 0- Ot ier Busjness, Councilman Hirfic fr, stated that, the
Resort :Tax Committgrhas,,,committed to cop ; e yw>jth phase.L'wo:
theCol1instAvenue• Prajeot..a At this time ,�aL ng;f.Sr'the .gn&
Regular Council Meeting 11/16/93
C
.,auk,„ • . . - proceeding. He
leers tney snoulu Incorporate Lite area under Haulover Bridge as
part of tnat pacsage. Al this time instructed the Village Manager
this should be incorporated into phase two of the project.
Assistant Mayor Blank stated he feels they should have a workshop
session with the Architectural Review Board. Mayor Spiegel stated
since they are a volunteer group, they should schedule a workshop
at the same time of their regular meeting. Mrs. Morris explained
she wrote all the members of the Board requesting their input as to
code sections they thought properly addressed some of the issues
the Village is dealing with. She explained at this time no replies
have been received. But, once responses are received then she will
schedule a workshop meeting between the Council and the Board.
Councilman Taplin questioned what is happening along the Jogging
Path. Mrs. Morris explained that is the Sea Oats that have been
planted.
Councilman Boggess requested an update on Munisport. Mrs. Morris
replied she understands the coalition is running low on funding,
and Mr. Fletcher's future and his suits are somewhat in doubt. Mr.
Poole has reported that hearings were held over a two day period,
on the technical issue related to the closure of Munisport. She
further stated information, as results of the hearings, is that the
site has a severe problem with toxic contamination. She further
reported she has received a noise study report from Dr. Bragdon.
Which she has requested Dr. Dunn to review and summarize for the
Village.
Margie Shell, 9801 Collins Avenue, stated she has not seen much
growth of the Sea Oats. Mrs. Morris stated some have been
replaced, and they do take a long time to grow.
Bob Maute, Fairfield Manor, questioned when the supports will be
removed from the Palms on Collins Avenue. Mrs. Morris stated at
the end of Hurricane season, around December 1st.
12. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Taplin and seconded
by Assistant Mayor Blank to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 11:10 a.m.
S-
Mayor Estelle Spiogel
Attest:
it
t f i
Jeanette Horton, CMC/AAE
Village Clerk
/jh
Regular Council Meeting 11/16/93 7