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
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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
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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
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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.
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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.
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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.
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Mayor
ATTEST:
ge lerk
Regular Council Meeting - 12/20/88
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