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HomeMy Public PortalAbout1988-12-20 Regular Meeting185 COUNCIL MINUTES DECEMBER 20, 1988 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, December 20, 1988 in the Village Hall. The meeting was called to order at 9:35 a.m. by Mayor Richard H. Olsen and the roll was called. Those present were: Mayor Richard H. Olsen Asst. Mayor Estelle Stern Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Also present: Richard J. Weiss, Village Attorney Carole S. Morris, Village Manager/Clerk As a quorum was found to be present the meeting was commenced. II. Approval of Minutes: (Please note that this item was considered out of agenda order, following award of the advertising/public relations contract and remarks from Ben Walker regarding the satellite dish ordinance considered for first reading.) A motion was offered by Mrs. Stern and seconded by Mr. Taplin to waive the reading and approve the minutes of the November 15, 1988 regular meeting as submitted. There being no changes or corrections the motion carried unanimously (5-0). A motion was then offered by Mr. Blank and seconded by Mr. Boggess to waive the reading and approve the minutes of the December 6, 1988 special meeting as submitted. There being no changes or corrections the motion carried unanimously (5-0). III. Presentations: Art Wilde, Executive Director of the Florida Inland Navigation District was then recognized by Mayor Olsen. Mr. Wilde introduced Commissioner Stanley Goodman who presented the Village with the final check for completion of the restoration of the groins and jetty - completed with grant assistance from the Florida Inland Navigation District. Mayor Olsen thanked Commissioner Goodman and presented him with a key to the Village in token of appreciation. IV. Public Hearings: Mayor Olsen noted that today's meeting has a rather lengthy agenda and requested interested parties to keep their remarks brief and non -repetitive. The first application considered was a request by the owner(s) of the property located at lot 14, block 1 of the residential section of Bal Harbour Village, otherwise known as 108 Bal Bay Drive, for a 186 variance of Appendix A, Section 5-4.g. to permit placement of an air conditioning unit in the side setback area. John T. Downey, contractor for the applicant, was present. He explained that a misunderstanding had occurred and the air conditioner had been moved prior to obtaining a variance. The current unit had to be moved in order to commence renovations to the home. Karen Chaplin, owner of the property, explained that no alternative site to locate the air conditioner was available. The renovation plans call for the pool and floor to ceiling bay windows to be located on the waterside of the property. Mr. Desharnais explained that, to date, no variances have been granted to this portion of the code. Moreover, it was noted that the air conditioner is currently in violation of the Village's noise ordinance. Ms. Chaplin noted that the resident and owner of the adjoining property were not objecting to the application. After some further discussion, a motion was offered by Mr. Taplin to deny the variance and seconded by Mrs. Stern. The motion carried unanimously (5-0) thus becoming RESOLUTION NO. 375 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA DENYING NON-USE VARIANCE OF APPENDIX A SECTION 5-4.g. OF THE BAL HARBOUR VILLAGE CODE PERTAINING TO PROPERTY LOCATED AT 108 BAL BAY DRIVE (LOT 14 BLOCK 1 RESIDENTIAL SECTION OF BAL HARBOUR); PROVIDING FOR AN EFFECTIVE DATE.1 The second application is a request from the owner(s) of the property located at lot 13 block 1 of the residential section of Bal Harbour, otherwise known as 100 Bal Bay Drive for a variance of Appendix A, Section 6-1.g. of the Bal Harbour Village code to permit construction of an addition which will extend 12' into the required rear setback area. Vincent Santucci, owner of the property, spoke on his own behalf, explaining that he is seeking to construct an addition to his home which would extend between 9' and 12' into the setback area. Mr. Desharnais noted that construction to 12' would interfere with the seawall tiebacks and further noted that there have been no variances of this portion of the code in the R-1 district. Mr. Santucci agreed that, if permitted, he would limit construction to 10' into the setback in 1Later in the meeting this issue was reconsidered as Dr. Paul Chaplin had been unable to address the Council earlier due to a medical emergency. No change in determination of the variance application was made; however, Council directed Village staff to work with the property owner in providing for relocation of the air conditioner and that the applicant not be cited for noise violations of the equipment for 30 days. Regular Council Meeting - 12/20/88 2 187 order to avoid conflicts with the seawall tiebacks. Mr. Blank spoke in favor of the application and offered a motion that it be approved. The motion was seconded by Mrs. Stern and the question called. The motion failed (4-1 with Mr. Blank casting the sole affirmative vote). Mayor Olsen spoke in opposition to the application as no hardship has been demonstrated and expressed concern as to limitation of the abutting property owners' view. Mr. Taplin also spoke against the application as it would establish a precedent. Mr. Boggess concurred and offered a motion that the application be denied. This motion was seconded by Mr. Taplin and the question called. The motion carried unanimously (5-0) thus becoming RESOLUTION NO. 376 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA DENYING NON-USE VARIANCE OF APPENDIX A SECTION 6-1.g. OF THE BAL HARBOUR VILLAGE CODE PERTAINING TO PROPERTY LOCATED AT 100 BAL BAY DRIVE (LOT 13 BLOCK 1 OF THE RESIDENTIAL SECTION); PROVIDING FOR AN EFFECTIVE DATE. Finally, a request by the owner(s) of the property located at north 100' of lot 8 and all of lot 9, ocean front district. otherwise known as 9999 Collins Avenue for a variance of Bal Harbour Village Code, Appendix A, Sections 6-9.m.1 through 3 to permit construction of a solarium with a deck, pool and bar on the roof of the structure. Said construction would vary between 5' and 10' from the exterior wall of the building. Alan Gold, attorney, was present on behalf of Mr. and Mrs. Robert Marlin, who are purchasing this unit from the developer. Mr. Gold explained the plans being proposed by the Marlins. He noted that the request for the bar was being withdrawn. An issue has arisen relative to whether or not the plans would constitute an additional floor. Mr. Gold, interpreting the South Florida Building Code, stated that it was not and further, that it would not be visible from the ground. He added that the Sea View was in favor of this application. Moreover, Mr. Marlin has agreed to indemnify the Village from any litigation as a result of the granting of this variance. Mr. E. Albert Pallot, attorney representing the Regency Spa, spoke in opposition to the application. Mr. Pallot termed the request "an extra floor" and noted that denial of this application would cause no undue injury. Concerns such as engineering integrity to maintain a rooftop pool, definition of a "solarium", and whether or not this would constitute an additional floor were voiced during discussion. Mr. Weiss attempted to clarify the issue, noting that whether or not the rooftop is a "common element" is not of issue to the Village. The pool may be permitted as an "accessory use", the issue then becomes the setback from the parapet wall. After some further discussion, a motion was offered by Mr. Boggess and seconded by Mr. Blank to defer this discussion to the Regular Council Meeting - 12/20/88 3 188 January meeting. The motion carried unanimously (5-0). V. Ordinances: An ordinance was presented for second reading approving and adopting the Comprehensive Mayor. Master Plan. The ordinance was read, by title, bby. Boggess and Amotion and seconded by o enact the ordinance was offered by Mr. Taplin. The motion carried unanimously (5-0). ORDINANCE NO. 325 ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA APPROVING AND ADOPTING THE BAL HARBOUR VILLAGE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Please note that this item was considered out of agenda order, at the commencement of the meeting). Ben Walker was introduced by Mr. Blank. Mr. Walker established the cable system in Bal Harbour, now Goldcoast Cablevision. Mr. Walker had, at the request of the Village, reviewed the draft ordinance regulating satellite dishes. Mr. Walker offered only two recommendations, first that the phrase "hot dip galvanized" be inserted in the specifications and second that the fee structure be increased to cover revenues which would be lost in utility tax and franchise fee revenues. The Village Clerk read the ordinance by title. A motion to enact the ordinance with the amendments proposed by Mr. Walker and instructing the Village staff to further review the matter of fees, was offered by Mr. Boggess and seconded by Mrs. Stern. The motion carried unanimously (5-0) thus becoming AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA REGULATING ALL SATELLITE DISH ANTENNAS; REQUIRING A PERMIT FOR THESE STRUCTURES; REQUIRING COMPLIANCE WITH REGULATIONS; REQUIRING THAT PLANS AND SPECIFICATIONS BE SUBMITTED WITH THE APPLICATION FOR THE PERMIT; PROVIDING REQUIREMENTS FOR THE PLANS AND SPECIFICATIONS; PROVIDING FOR A SET OF STANDARDS REGULATING THE LOCATION, HEIGHT, WIDTH, SETBACK, COLOR, LANDSCAPING, GROUND COVERAGE AND INSPECTION OF THE ANTENNAS; PROVIDING FOR A FEE; NOT PERMITTING SIGNAGE TO BE ATTACHED TO THE ANTENNAS; PROVIDING FOR A MECHANISM TO REQUEST VARIANCE FROM THE TERMS OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE; AND AN EFFECTIVE DATE. An ordinance was read by title, by the would provide for the establishment of Regular Council Meeting - 12/20/88 Village Clerk, which single member voting 4 189 districts. Mayor Olsen explained that the purpose of this ordinance is to prevent a single block of voters from controlling the council. He also noted the difficulty candidates have in meeting and speaking with voters in the different areas. Mr. Taplin, Mr. Blank, and Mrs. Stern each spoke in opposition to the ordinance. Andrew Hirschl, 176 Bal Bay Drive, spoke in opposition to the ordinance calling it "undemocratic". Bernie Burke, 10205 Collins Avenue, also spoke in opposition to the ordinance. A motion was made by Mr. Boggess and seconded by Mayor Olsen to enact the ordinance. The question was called and the motion failed (2-3 with Mr. Boggess and Mayor Olsen casting the only "aye" votes). Sidney Feldman, 9801 Collins Avenue, addressing the Mayor's concerns of being able to campaign to all voters, indicated that he would press to see that each of the buildings opened their doors to candidates. Acting on a suggestion from Bob Maute, 9800 Collins Avenue, Mr. Boggess moved that the question of single member districts be placed on the ballot as a "straw poll". This motion was seconded by Mr. Taplin and carried unanimously (5-0). A motion was then offered by Mrs. Stern that an additional straw question be placed on the ballot limiting the Mayor's term to 2 years and prohibiting immediate succession. This motion was seconded by Mr. Taplin and carried unanimously (5-0). An ordinance was read, by title, by the Mayor which would increase the cost of parking at the north municipal lot to $1.00 an hour with a 2 hour limit. Mrs. Morris added that the Harbour House had been queried and that they have no objection to this increase. A motion to enact this ordinance was offered by Mr. Blank and seconded by Mr. Taplin. The motion carried unanimously (5-0). ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTION 19-4 OF THE BAL HARBOUR VILLAGE CODE TO CHANGE THE PARKING METER RATE AT LOT NUMBER 3, UNDER BAKER'S HAULOVER BRIDGE, FROM ONE HOUR FOR $0.25 TO 15 MINUTES FOR $0.25; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. VI. Resolutions: The Village Clerk then read a resolution announcing and certifying the results of the special election held November 8, 1988. A motion to adopt the resolution was offered by Mr. Boggess and seconded by Mr. Blank. The motion carried unanimously (5-0). RESOLUTION NO. 377 RESOLUTION OF THE VILLAGE OF BAL HARBOUR ANNOUNCING SPECIAL ELECTION RESULTS; CERTIFYING SPECIAL ELECTION RESULTS; PROVIDING FOR AN EFFECTIVE DATE. Regular Council Meeting - 12/20/88 5 190 A resolution was read by the Clerk, by title only, which would approve the execution of a mutual aid agreement with Bay Harbor Islands. Chief Baquero introduced Chief Thomas Pletcher of Bay Harbor Islands. A motion to adopt the resolution was offered by Mrs. Stern and seconded by Mr. Taplin. The motion carried unanimously (5-0). RESOLUTION NO. 378 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE EXECUTION OF A MUTUAL AID AGREEMENT BETWEEN BAY HARBOR ISLANDS, FLORIDA, AND BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING EXECUTION OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. The Council then inquired of Chief Pletcher as to the status of traffic plans for the upcoming Bay Harbor Art Festival. The Chief noted that he has been working carefully with our department and that no problems are anticipated. VII. Reports and Recommendations: (Please note that this item was considered out of agenda order after the commencement of the meeting). Mrs. Morris introduced Bob Goodman of the firm Garber and Goodman. It was the recommendation of the Resort Tax Committee, at their December 19th meeting, that this firm be retained to handle public relations, marketing and advertising responsibilities for the Village. Mrs. Morris added that two changes had been requested in this agreement, first that this agreement run concurrent with the fiscal year and, secondly that this contract be severable on 60 days notice by either party. Mr. Goodman agreed to both terms. A motion to retain the firm of Garber and Goodman subject to approval of a letter of agreement by the Village Attorney was offered by Mr. Boggess and seconded by Mr. Taplin. The motion carried unanimously (4-0).2 Mrs. Morris summarized for the Council the concerns regarding the Comprehensive Master Plan as submitted to the Department of Community Affairs. The South Florida Regional Planning Council has already reviewed and recommended rejection of the plan as it does not contain information required relative to levels of service. For this reason, it is being recommended 2Mr. Blank exited the room during discussion of this matter and consequently cast no vote on this question. This issue arose early in the meeting and after a motion to retain Garber and Goodman by Mr. Taplin, seconded by Mrs. Stern the motion carried. Mr. Blank abstained - noting a conflict. As this is prohibited, a motion to reconsider was offered by Mr. Boggess and seconded by Mr. Taplin. This motion carried unanimously (4-0) with Mr. Blank absent. The discussion reflected above then ensued with the decision as indicated. Regular Council Meeting - 12/20/88 6 191 that an expenditure, estimated at $2,500 to $5,000, be approved to revise the plan. This service would be accomplished by Carter McDowell - Mr. McDowell is an experienced planner and a member of the Village Attorney's staff. A motion to approve this expenditure was offered by Mr. Boggess and seconded by Mr. Blank. The motion carried unanimously (5-0). Bill O'Leary, Village Landscape Architect, presented plans for the development of the Sun Bank median area. The plans, approved by the Beautification Committee, provide for a landscaped area featuring terraced landscaping and three large flagpoles. The design would provide ample screening of the pump station and accommodate the Christmas Tree and Menorah during holiday seasons. Mr. Boggess requested that staff verify with the engineers the possibility of reducing the height of the existing ventilation pipe. A motion to proceed development of this area in accordance with the design of Mr. O'Leary was offered by Mr. Boggess and seconded by Mrs. Stern. The motion carried unanimously (5-0). Mrs. Morris updated the Council on the pending sewer grant application. Costs for the administrative hearing, slated for March, are escalating and the chances for recovery of funds declining. A new possibility has emerged involving loan funds. We are commencing discussion with the Department of Environmental Regulation as to securing loan funds in exchange for dropping our litigation. It was agreed that Mrs. Morris would keep the Council abreast of this matter. Mrs. Morris reminded the Council of earlier discussions involving termination of the position of Finance Officer. She noted that while John Kelly is no longer available to fill this position he has provided an able associate, John Walker. This position was established in response to management letters issued by the auditors in the past. Recent discussion indicates that they still feel this position is needed in order to assure adequate internal controls. She queried the Council as to their pleasure on continuing this position. In view of the ramifications, a motion was offered by Mr. Boggess and seconded by Mrs. Stern to continue this position. The motion carried unopposed (5-0). Finally, Mrs. Morris introduced Marilyn Kreger. At the December 6, 1988 meeting the Council had voted to elect Mrs. Kreger to serve as Village Clerk. Mrs. Kreger was then given the oath of office by Mrs. Morris. Mrs. Kreger was then congratulated and welcomed by the entire Village Council. VIII. Other Business: none. IX. Adjourn: As there was no further business, a motion to adjourn the meeting was offered by Mr. Taplin and seconded by Mr. Regular Council Meeting - 12/20/88 7 192 Blank. The motion adjourned at 1:45 p.m. 71 Mayor ATTEST: ge lerk Regular Council Meeting - 12/20/88 8