HomeMy Public PortalAbout2000-05-12 Workshop Meeting12
COUNCIL MINUTES
WORKSHOP MEETING - MAY 12, 2000
A Workshop Meeting of the Bal Harbour Village Council was held on Friday, May 12, 2000,
in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at
12:10 p.m. by Mayor Hirschl. Those present were:
Also present:
Mayor Andrew Hirsch!
Assistant Mayor Daniel Tantleff
Councilman James Boggess
Councilman Peg E. Gorson
Councilman Seymour "Sy" Roth
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Wright, Deputy Village Clerk
David Wolpin, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge of Allegiance was led by
Councilman Roth.
3. Discussion of Beach Master Plan:
Christy Brush, Coastal Systems International, introduced herself and Laura Shepherd,
Coastal Systems International, and explained that their company is the coastal
engineering company that is designing and constructing the proposed jogging path. Ms.
Brush introduced Bob Gill, Bradshaw, Gill & Associates, who is the principle landscape
architect for the design.
Ms. Brush gave a brief history of the project and explained that the goal is to provide an
upgrade of the existing jogging path. She reported that the main purposes are to move the
new path further landward, to prevent erosion, and provide a more tropical lush feel to the
back of the oceanfront properties. Vegetation is proposed seaward of the new path. Ms.
Brush has two plans to review today. The original intent of the Council and vision of the
Sub -Committee was to add a lot of vegetation. The plan that meets the original goals of
the project provides vegetation at the back of the oceanfront properties. Another plan
maintains, in some form, the existing emergency and vehicular access. The new jogging
path would be made out of shell rock. Ms. Brush stated that several of the oceanfront
property owners were concerned about the removal of the existing vehicular access to the
backside of the properties, being able to see over the vegetation, and safety issues.
Mr. Gill explained that on the plan that states "without emergency access", there would be
an emergency access on the jogging path itself, because it's a 15 foot wide path.
Assistant Mayor Tantleff clarified that Mr. Sasso's staff has advised that the Village needs
to keep the second path because the State won't let the Village get rid of it. In addition,
the oceanfront properties have indicated that they want the path to be used for vehicular
access to their buildings for repairs, etc. Mayor Hirsch! questioned if the State has said
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that the Village must have the road that currently exists behind the bulkheads of the
buildings. Ms. Brush stated that the State has said that the north/south shore parallel
access, which historically exists, must be maintained. Mayor Hirsch) questioned if the
current access road can be disturbed. Ms. Brush stated the ability for someone to walk
north/south, or for a vehicle to drive, should be maintained. Meaning an obstruction such
as a fence, large tree, or prickly shrub cannot be placed that would act as an obstruction
to access. The Village does not have to maintain the hard packed sand; there are
alternatives. The Village could plant low vegetation that would allow a person to walk on
it, if they wanted to. Councilman Boggess questioned if this is based on a "right-of-way."
Ms. Brush stated that is based on a pre-emptive easement belonging to all of the residents
of the State of Florida. It's based on the beach renourishment projects, which occurred in
the early 1970's. At that time, the water was up to the bulkhead. At the time of the beach
renourishment project, the State established the erosion control line, which is now the
eastern property lines for the oceanfront owners. Also, at that time, a pre-emptive
easement was established at the bulkheads of the properties. Seaward of that line, within
the easement, the State maintains traditional public beach uses. They require that the
public be allowed to use that beach in a traditional sense. Mayor Hirsch) questioned why
the Council wasn't told about this State requirement earlier. Mr. Gill stated that the prior
plans maintained the access way, so it wasn't a problem. Mayor Hirsch) stated that the
State's rule was never disclosed to the Council. Mr. Gill stated that it never became an
issue until now. Councilman Boggess stated the Council should have been told this from
the beginning. Ms. Brush stated there was never a plan that proposed to obstruct that
access until the January meeting, when it was requested that the access road be filled with
vegetation. Councilman Boggess stated that the Council wouldn't have been planning this
if they knew about the right-of-way. Mayor Hirsch) stated the Council should have known
from the beginning what it could and couldn't do. Mayor Hirschl feels that the Village has
overpaid the engineering firm thus far to get back to square one and requested that the
Village be given credit of the money spent thus far to come up with a plan that can be
presented to the State that they will approve. Councilman Roth questioned if the Village
has any permits. Ms. Brush stated they can't get a permit until they have the authorization
of everyone who owns portions of the property where the path is proposed. Mr. Gill stated
the existing access can be beautified and meandered so that it won't look like an alleyway.
Carolyn Cohen, resident - 9601 Collins Avenue, addressed the Council and requested
clarification on the easements from the State and the easements needed from the
buildings. Ms. Cohen also questioned if the buildings do not give the easement, where that
puts the project. Mayor Hirsch) stated it would stop the project. Ms. Cohen clarified that
the Village needs the permission of all the condo owners to go ahead with this project.
Dan Nieda, Village Building Official, stated there is an easement that's parallel to the
shore that's mandated by the State. Mr. Nieda questioned if it's a dedicated easement.
Ms. Brush explained there are two separate easements. The State easement was
established relative to the beach renourishment project and falls where the mean high
water is. The oceanfront property owners typically owned property out to the mean high
water line. By a renourishment project or re -plot of the property, an erosion control line or
different property line may be established. The State owns the property seaward of that
line. Between the erosion control line and the landward point, where sand from the beach
renourishment project was placed (in this case sand was placed all the way up to the
bulkhead/back of the properties) the State has a pre-emptive easement for traditional use
and access. The property owner still has ownership, but they cannot necessarily develop
or use it in the manner that they choose. They cannot obstruct public access because the
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State has dedicated funds to it. The width of the pre-emptive easement is from the
bulkhead to the erosion control line and it varies by property. The property owners only
have to approve those portions of the project that are own their property. If the Village
were to move the proposed project seaward of the erosion control line, then it wouldn't
require the property owners' authorization, it would only need State approval.
Mayor Hirsch) questioned if the Village is required to maintain the access way, then why
should a jogging path be put in. He suggested having one path meandering to be used for
everything. Ms. Brush stated it would not be the best design because it would be more
crowded, but it would be less expensive. Councilman Roth thinks the Village should
proceed with a 15 foot wide walking/jogging path and a separate access way. Councilman
Boggess stated that this project is being paid for by resort tax funds. It's not being paid for
by the oceanfront property owners, and its not for their benefit. The whole idea was to
make a tropical beach to enhance the visitors experience. Councilman Roth stated that
he conducted a survey and the majority of people using the path were visitors. Mayor
Hirsch) stated that it doesn't make sense to spend $1.247 million on an $80,000 jogging
path. Mayor Hirsch) questioned the breakdown of the costs. Mr. Treppeda stated that
there's $850,000 in landscaping. Mr. Treppeda thinks that if the plan changes, then the
prices for the project would also change.
Assistant Mayor Tantleff proposed not to do the entire project, but to just do the jogging
path. Fix the jogging path so that it continues to the south end (remove the detour) and
place it so that it doesn't cross the erosion control line (keep it east so permits aren't
needed by the buildings). Councilman Roth stated that would be putting a Band-Aid and
thinks the complete job needs to be done.
Larry Barbara, resident - 284 Bal Bay Drive, questioned the opinion of the homeowners
regarding the access path. Councilman Roth stated that the oceanfront properties want
the access road.
Stanley Whitman, Developer — Bal Harbour Shops, questioned where the vehicles
would go on the plan displayed. Ms. Brush reviewed the vehicle route on the plan
displayed, which meanders the current access road and adds vegetation. It would be the
same access as now, with more vegetation around it. Ms. Brush stated the State will
permit a vegetative area. The Village can vegetate the access drive, but people have to
be able to walk on it. They can get this plan permitted; however, if vegetation is proposed
for an area that's on the property of the oceanfront owners, authorization needs to be
received from them in order to do that landscaping or to leave the path. Mr. Whitman
stated there was a plan that was originated by the Resort Tax Committee, endorsed by the
Council and endorsed by the Consultants. Now there's a State easement requirement.
Mr. Whitman submitted that all of Miami Beach has had their beaches restored and he
doesn't know of one that requires vehicles. Mr. Whitman thinks the agreed plan should be
submitted to the State and if it requires a variance, then that's okay. Mr, Whitman
suggested taking the original plan to the State and to request a variance if that's required.
He doesn't think the State will require the Village to maintain an alley. The one path plan
took care of the vehicles and the jogging path.
Councilman Boggess clarified that the Village would need permission from the property
owners to put in the landscaping on their properties. Councilman Roth stated the only
objections the buildings have is that they want to have access in case they need a vehicle
to access the back of the building for construction, repairs, etc.
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Jaime Valdes, Manager — Sheraton Bal Harbour, stated he wrote a letter to the Council
stating that the access road is used to serve the hotel and is absolutely necessary for them
to function. The Sheraton is very excited about the plans for landscaping, but also needs
the access road.
Assistant Mayor Tantleff questioned the Council's opinion on the plan shown, which is the
basically the same jogging path and adding vegetation to get rid of the alleyway look for
the access road. Councilman Boggess stated this plan adds more vegetation to the east,
seaward of the seawalls, which will give more storm protection. So, this is an
enhancement for the Village and buildings. Ms. Brush stated that they can increase the
meandering if the Council feels that the bowling alley effect isn't quite erased.
Thomas Hart, Manager — Bal Harbour 101 Condominium, thinks the plan will be an
enhancement; however, their only concem is access. He questioned if the area, where the
jogging path is combined with the access road, can support a 20 ton crane. Also, he
doesn't think the jogging path should be mixed with the access road. Mr. Hart thinks the
access road can be beautified and still allow for access. Mr. Gill stated that the jogging
path can support heavy trucks and equipment.
Anthony Lackner, Manager — Tiffany Condominium, questioned the landscaping shown
on the border of each building. Mr. Gill stated that it varies for each area and there is a
typical planting plan (sea oats, cocoa plum, etc.). Mr. Lackner questioned if cranes and
trucks can come up to the sea wall. Mr. Gill requested that the buildings let them know
which areas they would want clear of vegetation. Mr. Lackner is concerned about the
height of the sea grapes relating to safety issues. Councilman Boggess stated that they
are trimmed to see through them, not over them. Mr. Gill stated that they are proposing
to keep some of the sea grapes and trim them so that a view is seen below them when
walking on the jogging path. Those would be adjacent to the property lines between the
buildings. The areas of concern from the building view to the ocean, they are proposing
to mass hedge the sea grape so it would be 3-5 feet high. Sceavola, which is blocking the
view, is proposed to be removed because it's on Miami -Dade County's prohibited list and
they don't want it on the beach.
John Salaverria, Manager — Majestic Condominium, stated that they are losing some
of the access road behind their building. Ms. Brush stated that vehicles will have to go
around the vegetation to get to the access road, but there is an opening that's very wide
behind their building. If the Majestic feels that it's too constricting, they can evaluate it
further. Mr. Salaverria stated that his residents are concerned about the seating area
behind their building and people congregating there. Mayor Hirsch) stated that it is a public
beach. Mr. Gill stated that there is a seating area in back of every building. Mayor Hirsch)
questioned if the Majestic is suggesting that the bench be eliminated behind their building.
Mr. Salaverria responded yes. Mayor Hirsch) requested that the bench behind the Majestic
be taken out.
Marjorie Schell, resident — Balmoral Condominium, stated the only protection from the
ocean is the vegetation and meandering is the only practical solution for the jogging path.
Ms. Schell stated that an access road is needed for emergency vehicles. Ms. Schell
doesn't think that the height of the trees should be cut down.
Mr. Barbara questioned provisions for lighting and a bike path. Mayor Hirsch) stated
there's no bike path and there's low-level lighting. Ms. Brush stated there are low level
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ballard, which meet the State's regulation for the protection of nesting marine turtles, and
light the path very clearly. Mr. Gill stated the lighting is placed every 70 feet. Mr. Treppeda
stated that bikes aren't permitted on the beach by ordinance. Mr. Barbara questioned if
it was discussed to allow bikes on the beach. Councilman Boggess stated the Council
doesn't want them out there. Mayor Hirsch) stated that's a difficult area to address. Half
of the residents want it and half don't. The concem has been that bikers would come from
Haulover and bring a lot more activity behind the residential buildings. The Village does not
allow biking on its sidewalks, and does not have the width to put a bike lane in; the State
won't allow it. Consequently, the Council has not embraced a bike path on the beach.
Ms. Cohen questioned if the Sheraton will be able to keep the pavers behind their building.
Mr. Gill responded yes. Councilman Boggess stated that the history was that the Sheraton
requested permission to put the pavers in with the understanding that if they had to be
removed for the new design, then they would do so. However, everyone likes the pavers,
so they're going to stay.
Mr. Nieda stated that the point needs to be developed from the deck to where the stairs
come down. Mr. Nieda suggested that the areas be widened sufficiently so that a truck can
be backed up to the deck.
Roslyn Myer, Palace Condominium, questioned if the width of the jogging path will be
15 feet. Ms. Brush responded yes. Ms. Myer questioned if the other path is between 12
feet to 30 feet. Mayor Hirsch) responded yes. Ms. Myer questioned the placement of
drinking fountains on the jogging path. Mayor Hirschl stated that it wasn't a consideration.
Councilman Boggess thinks the Council has a plan it can live with, with some fine tuning,
and that the Council should proceed. Mr. Wolpin stated that since this is a workshop
meeting, whatever is done today will be finalized at a regular meeting. Mayor Hirschl
stated that the motion is not binding until the regular Council meeting. A motion was offered
by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the displayed plan with
the caveat to remove the bench that's located behind the Majestic Condominium and to listen to
the instructions of Mr. Nieda in terms of the openings being wide enough at the backs of the
buildings. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor
Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
4. Adjourn: There being no further business to come before the Council,
a motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to
adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 1:30 p.m.
ayor Andrew R. Hirsch)
Attest:
Joel?
nette Horton, CMC/AAE/CLO
illage Clerk
lelw
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