HomeMy Public PortalAbout1989-01-17 Regular Meeting197
COUNCIL MINUTES
JANUARY 17, 1989 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village
Council was held on Tuesday, January 17, 1989 in the Village
Hall. The meeting was called to order at 9:30 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,
Marilyn Kreger, Village Clerk
As a quorum was found to be present the meeting was
commenced.
II. APPROVAL OF MINUTES; Asst. Mayor Stern moved and C/M
Blank seconded that the reading of the minutes be waived and the
minutes be approved as submitted. The motion passed unanimously.
III. PRESENTATIONS• OFFICER OF THE YEAR - DET. HERNAN
CARDENO.
Police Chief Baquero presented his and the departments
reasons for Det. Cardeno to be selected Officer of the Year. He
said the men voted among themselves and selected Det. Cardeno.
After Det. Cardeno was introduced, Mayor Olsen presented Det.
Cardeno with a plaque and number of awards on behalf of the
Village.
Chief Baquero also introduced John Sanchez who just joined
the department from the New York City Police Dept.
Village Manager, Carole Morris announced that Syd Weinstock
secretary in the Police Dept for 25 years, submitted her
resignation effective Friday, January 20th. She wished Syd
happiness and good luck on behalf of everyone in the Village.
IV. PUBLIC HEARINGS: Continued from December 20 1988
meeting. Alan Gold, attorney for the applicant, reviewed the
discussion from the December 20th meeting. He represents the
Marlins, the applicant, although it is filed in the name of the
project owner, Kovens Enterprises. At the last meeting, it was
suggested by Council that he meet with the Village staff and
attorney to work out various issues. The primary issue is
whether the proposal is a penthouse, as defined in the Village
Code as compared to a solarium. He said the Building Official,
George Desharnais, after considerable research, determined that
if this was a penthouse, the village would require a variance to
add an additional story in height. At that point, time had run
out for the applicant to submit a new variance application for
the January 17th meeting. He, therefore, is now requesting a
continuance to allow time to file an application for a variance
of height. and story requirement on the penthouse question.
Secondly, the applicant is requesting Council consideration
to amend the Code, as relates to the Ocean Front District, to
allow that penthouses be used for recreational purposes as
compared to permanent living quarters to be excluded from the
definition of story as it is for mechanical equipment or other
common area purposes and to be excluded from the definition of
height. Mr. Gold also suggested a further limitation of what is
in both the South Florida Building Code and Village Code that if
the building structure of the penthouse does not exceed two
thirds (2/3) of the square footage of the area below used for
residential purposes, then that would be a permissable exclusion
from story as well.
C/M Taplin expressed confusion as to why a variance was
needed since the same amenities presently exist on 14oth the
Sheraton Hotel and the Harbour House.
George Desharnais responded by saying that no village law
existed at the time such amenities were constructed on those
buildings. He said that the Code was. amended in 1978 whereby
penthouses would be considered in determining both the -.,height and
number of stories of a building. Since this provision is more
restrictive than the South Florida Building Code, it takes r
precedence.
The Building Official directed Council's attention to the
site plan of the roof outlining the various amenities proposed.
He described the area where a solarium is allowed, the same being
the mechanical equipment area, as long as it is setback 25 feet
from the edge of the building. The Village Attorney and he
agreed that the pool does"riot need a variance as long as the
applicant secures approval from the State, submit engineered
plans under Chapter 23 of the South Florida Building Code to be
reviewed and approved by the village consulting engineer,
Ludivici and Orange.
At C/M Boggess's request, Mr. Desharnais read those sections
of the village Code wherein definitions of height of a building
and a penthouse are addressed. Based on those definitions, it is
his opinion that either the Council didn't want penthouses or a
variance would be required to build one. It is considered an
extra floor.
Richard Weiss, Village Attorney, stated that both he and Mr.
Desharnais agree that based on the way the current Code is
written a variance is required because a penthouse is considered
January 17, 1989 Reg. Mtg.
2
199
a story and therefore considered in height measurement. The
enclosed area could not be considered a solarium because it is
not attached to the equipment area. The only condition under
which a variance would not be required is if the "solarium" is
attached to the mechanical equipment room and was set back at
least 25 feet.
Mr. Al Pallot, attorney for the Regency Hotel, was
recognized to speak. He reviewed the litigation and subsequent
agreement with the Sea View Hotel to place all the "bad"
amenities on the north side of the building. It is his feeling
that the addition of this new construction would block the sun
from the Regency to the detriment of its guests; and all citizens
should be treated equally. Mr. Pallot quoted the Code in
determining the criteria on which the Council makes its decision
with respect to variances. Mr. Pallot made the point that the
applicant does.not have anon -self imposed hardship.
Mayor Olsen pointed out that Mr. Pallot's comments were
premature because the request under consideration is whether or
not to extend the continuance. He further stated that the
Regency could have joined in the litigation between the Sea View
and the Kovens Enterprises. That by not joining in the
litigation, the Regency may have waived its rights in the matter.
Mayor Olsen directed the Council that after much discussion,
it is time to decide what action it wishes to take. Mr.
Desharnais added that if Council decides to amend the Code, it
would be his recommendation to change the definition of the
height of a building to say that the height of a building would
be measured from the grade to the highest part of that structure.
In response to question from C/M Boggess, the Building
Official stated that the elevator shaft is not considered in
determining the height of the building. Further, the roof is
considered a common element and, under the Condominium documents,
the developer has the right to do whatever they want with it.
After clarification by Mayor Olsen and Attorney Weiss, C/M
Boggess moved and C/M Blank seconded that the applicant be
permitted to submit a new application for variance. The motion
was expanded to include that the Village Attorney and Building
Official review the request to amend the Code as relates to the
definition of a penthouse. There being no further discussion,
the question was called with a unanimous vote in favor of the
motion.
V. ORDINANCES•
A. Second Reading - Public Hearing The Village Attorney
introduced this item by stating that language was added that "all
support structures be hot dipped galvanized steel" at the
January 17, 1989 Reg. Mtg. 3
200
recommendation of an expert in this field. In addition, the
second change recommended regarding fees was not included because
it was determined the cost of the installation permit fee would
more than compensate the village for any costs incurred.
The village clerk read the ordinance by title on final
reading. There being no discussion, C/M Boggess moved that the
ordinance be adopted on second reading, seconded by Asst. Mayor
Stern. The vote was unanimous in favor of the ordinance, the
same being:
ORDINANCE NO. 326
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.
The Village Clerk read the ordinance to change the -parking
meter rate at lot 3 by title on second reading. There being no
discussion, C/M Taplin moved the ordinance be adopted on second
reading, seconded by Asst. Mayor Stern. Clarification was given
as to the fines that may ,be imposed. The fine is $10.00 and
tickets are issued on County tickets. The, question was called
and the ordinance was adopted unanimously.
ORDINANCE NO. 327
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.
B. FIRST READING
The Village Clerk read the ordinance amending the Code
January 17, 1989 Reg. Mtg. 4
ME
relating to decreasing the minimum setback requirements in
certain residential zoning districts by title.
Richard Weiss, Village Attorney, recalled that at the last
meeting discussion was held regarding the reduction of
setbacks along the water from 40 feet to 30 feet. It only
affects the properties along the bay and Indian Creek.
C/M Boggess stated that this ordinance was drafted at his
request to introduce discussion because there seemed to be some
interest in favor of it. It was given to the Building Official
to review as well.
George Desharnais, Building Official, stated that he did a
survey of other municipalities to see what they are doing. Based
on that survey, his opinion is that unless an alternate method of
securing tiebacks, he could not issue a permit. He said the
village would be endangered - the land, seawall - any additional
load put on top of the earth that is being held back by the
seawall would endanger its integrity. Mr. Desharnais stated that
the village has a similar problem in that the large garbage
trucks are pounding the seawall which has caused a deterioration.
The village has acquired a state grant to rebuild using the
batter pile method with a wider cap which will hold it up and
then the tie backs can be cut.
C/M Blank questioned how Bal Harbour can be compared to
Coral Gables as was done in Mr. Desharnais recommendation. He
said that in doing his own study he spoke with the Surfside
Building Dept. who said their Code has only a 20 foot setback
requirement for both Biscayne Bay and Indian Creek.
Mr. Desharnais said that they also require an engineering
report on what would be done with the tiebacks. He added that
500 feet of seawall failed and fell into the water.
In response to a question by C/M Blank regarding the
integrity of the Bal Harbour seawall, Mrs. Morris stated that
the administration is in the process of addressing the problem.
The Village received a grant from the Florida Inland Navigation
District to repair the seawall along Village property. She added
that if the Council wishes to allow construction within 30 feet,
certain parameter should be set up to protect the seawall prior
to construction. This was not done prior to permitting pools
which resulted in problems beginning with the first application.
The city attorney is preparing an ordinance which provide
safeguards in this area.
Richard Weiss, attorney, stated that legally the council
could go with either an ordinance to set guidelines or variances.
Currently, the Code allows the construction of pools in the
setback. However, it has created problems. The city engineer
January 17, 1989 Reg. Mtg. 5
202
designed a method to tie the tiebacks to the pilings.
C/M Boggess stated that while it was he that requested this
ordinance because he felt there was a need, he can now believes
it is in the best interest of the Village to not adopt the
ordinance and he so moves. Asst. Mayor Stern seconded the
motion.
Mr. Santucci asked what course of action should he take to
accomplish his goal of enlarging his house into the setback. The
Building Official stated that he needs to have his engineer
address the method of tieback the seawall. The issue of a
hardship is a separate issue and must be addressed as well.
There being no further discussion, the question was called.
The motion to deny the ordinance passed unanimously.
VI. RESOLUTIONS
The Village Clerk read the Resolution by title placing a
straw poll on the April 4, 1989 ballot. The City Attorne3j stated
that the Resolution was prepared at the request of the Council.
The Resolution provides a straw poll for single member districts
and limiting the number of times a councilperson may serve as
Mayor within a 10 year period.
C/M Taplin and C/M Boggess both expressed opposition to the
issue of limiting the number of times a councilperson may serve
as Mayor.
Asst. Mayor Stern felt if one portion is removed the entire
Resolution should be eliminated. Mayor Olsen felt that the
single member district issue should go to the voters.
Mr. Bob Maute, 9800 Collins Avenue, feels the issue should
go
to the voters.
Further discussion was held both pro and con on single
members districts. C/M Taplin favored the issue be put on the
ballot, C/M Blank expressed opposition.
Asst. Mayor Stern moved to the deny the Resolution, seconded
by C/M Blank. The motion passed unanimously to deny the
Resolution.
The Village Clerk read the Resolution relating to a "FUNDS
TRANSFER AGREEMENT" by title. The Village Manager presented this
item by stating that this Resolution would empower herself and
the Village Clerk to make wire transfers from Sun Bank to the
State Board of Administration. This board operates an overnight
money pool in which counties and cities are allowed to invest
January 17, 1989 Reg. Mtg. 6
203
offering flexible, but higher interest rates. It is overnight
money which means that if we need the money, it can be wired back
within 24 hours. This method facilitates our investment
capabilities.
C/M Boggess moved and C/M Blank seconded that the Resolution
be approved. The motion passed unanimously.
RESOLUTION NO. 379
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A
"FUNDS TRANSFER AGREEMENT" WITH THE SUN BANK,
BAL HARBOUR OFFICE; PROVIDING FOR AN
EFFECTIVE DATE.
The Village Manager -introduced this item by explaining the
sewer pumping station is in need of repair. There have been a
number of difficulties, although it is functioning. The village
has applied for a grant from the Department of Environmental
Regulation to rehabilitate these facilities and have encountered
problems with the application. The option at this point is to
settle for an assurance of loan funds.
In order to continue the negotiations, the village must
conduct a "DEDICATED REVENUE HEARING" today. Certain statements
must be made. First, the village understands that if it receives
the funds, it would be as a loan which would be repaid. The
amount of the loan is approximately $843,000.00 with interest at
4.66% for a maximum term of 20 years.
The loan would be repaid from revenue derived from sewer use
charges. This would have no effect on the rates since a loan
repayment schedule has been built into the budget. If and when
we are successful in rehabilitating the pumping stations, we
estimate the operating and maintenance budget at $12,000.00
annually.
If we are not successful in negotiations with the D.E.R., we
are exploring other alternatives.
C/M Blank asked if we have any other debt service at present
to which Mayor Olsen and Mrs. Morris replied in the negative.
There being no further discussion Ass't Mayor Stern moved and
C/M Blank seconded that the Resolution be approved. The motion
carried unanimously (5-0) thus becoming:
RESOLUTION NO. 380
RESOLUTION OF BAL HARBOUR VILLAGE FLORIDA
EXPRESSING ITS INTENT TO USE PROCEEDS FROM
SEWER USE CHARGES TO REPAY LOAN FUNDS FROM
THE DEPARTMENT OF ENVIRONMENTAL REGULATION;
January 17, 1989 Reg. Mtg. 7
204
PROVIDING AN EFFECTIVE DATE.
VII. REPORTS AND RECOMMENDATIONS
A. Mayor and Council - Mayor Olsen stated that the Council
was remiss in addressing the matter of the Village Manager end of
the year bonus at the December Council meeting. The Council
should take action at this time. The Manager does not
participate in the Christmas bonus program from resident
contributions as does all other employees.
C/M Taplin moved to approve a Christmas bonus in the amount
of one weeks salary to the manager, seconded by Asst. Mayor
Stern. The motion passed unanimously.
Mayor Olsen asked -the Village Manager to explore the
possibility of putting walkway lights along the jogging path. He
would like a report addressing the cost and liability. He
received several requests from users.
;.4
C/M Taplin asked about the fact that the lighting on the
inlet bridge has been out for some time. Mrs. Morris stated that
the lighting is maintained by Dade County who has had electrical
problems resulting in an unsafe condition. They are going to
have the lights rewired and should be turned on in approximately
3 months.
B. Village Attorney - Stephen
Weiss absence, the only item to
signed settlement agreement from
Louise Miller, which provides that
in settlement of her claim.
C. Village Manager -
Helfman stated that in Mr.
report is they received the
the former Village ;Manager,
she receive one months salary
1. Harland Bartholomew Zoning Amendments - The Village
Manager reminded Council that they wanted to wait on a
reevaluation until the Koven's project is topped out. What is
Council's pleasure.
Mayor Olsen and Asst Mayor Stern suggested it be deferred
for one or two meetings and then incorporate all the issues that
have come up since the item was first brought to them.
Asst. Mayor Stern moved to defer the item for 2 months,
seconded by C/M Boggess. The motion passed unanimously.
2. Gala Bal Harbour 189 Proposal - The Council has in its
packet a proposal by the Manager and Enid Rosenthal of the Bal
Harbour Shops setting forth a budget of approximately
$118,450.00. It was suggested that the Gala be a bi-annual event
January 17, 1989 Reg. Mtg. 8
205
due to cost and time needed to organize. Mrs. Morris stated that
a decision would have to be made now in order to allow enough
time to organize.
Mr. Whitman, Bal Harbour Shops, stated that the shops derive
no direct benefit from the function except community wide image
enhancement. They do expend about $25,000.00 for in house
services which they absorb.
Further discussion was held regarding the benefits of having
the Gala and how it would be funded. The Village Manager said
the committee is exploring various avenues for additional sources
of financing such as the airlines giving seats to transport the
designers and assistants in exchange for advertising. Also the
Sheraton would provide lodging at no cost. Mayor Olsen suggested
that the stores be approached to underwrite one designer each and
the designer would then -be present in that store for the public
for a period of time. Y
The University of Miami School of Medicine would be
sponsoring the Gala. Everyone agreed it would be beneficial to
have a well known celebrity as Master of Ceremonies.
Asst. Mayor Stern said the Council and Committee would have
to weigh whether it would be better to spend the money available
on one spectacular event or on year round marketing. The Council
indicated that it would favor the event if alternate funding
could be found.
C/M Boggess moved and Asst Mayor Stern seconded a motion to
approve the proposal of an international designer Gala in
December 1989 subject to presentation of a final budget by the
Committee. The motion passed unanimously.
3. Zambelli Fireworks Proposal - Mrs. Morris stated that she
received a proposal from the same fireworks company used in 1988.
She stated that Council must make a decision by February 1st in
order to receive a 5% discount and a 50% deposit must be made by
that date as well. She recommended Council approve the proposal.
With the understanding that a full 30 minutes be provided,
Asst. Mayor Stern moved and C/M Boggess seconded that the
proposal be accepted with funding to come from the Resort Tax
Fund. The motion passed unanimously.
4. Louise Miller - Unemployment Claim Update - The Village
Manager indicated that the Village lost the appeal on this issue
and it was recommended to her that the Village not pursue the
matter any further. No action was taken.
5. 96th Street Landscaping Amendment - Bill O'Leary,
Landscape Architect, presented plans to revise the landscaping
January 17, 1989 Reg. Mtg. 9
206
along 96th Street. Any dead trees would be replaced at no cost.
The cost of the revisions would be $15,000.00 Mrs. Morris
stated that the funding would come from the General Fund Surplus
or build in the cost in next fiscal year's budget.
Asst. Mayor Stern moved that the landscape plans be approved
with the cost to come from the Resort Tax Fund not to exceed
$15,000.00. C/M Taplin seconded the motion which was passed
unanimously.
Mr. O'Leary added that $15,000.00 is a good estimate of
costs, there would be no cost for replacement of dead trees,
however, there may be some additional cost for excavation of new
holes and filling in old ones. There is room for negotiation
however.
6. Quarterly Financial Report - The Village Manager stated
that one item that may be -questioned is prepaid insurance. John
Walker, Finance Officer, indicated his general satisfaction with
the report.
C/M Taplin queried why the capital outlays exceeded tithe 25%
for the first quarter. Mrs. Morris responded that equipment has
been purchased that represents a large portion of specific line
items.
VII. OTHER BUSINESS - C/M Taplin asked the Village Manager why
the market value of securities as of October lst as reported by
Northern Trust for the Pension Fund increased on $2,000 from
$3,161,000 to $3,163,000 as of December 31st. The Manager was
requested to check into it because it would seem impossible that
the investment would only make $2,000 in 2 months.
Mr. Maute, resident, commented on the appearance of the
landscaping along 96th Street and Collins Avenue.
There being no further business, C/M Taplin moved and C/M
Blank seconded that the meeting be adjourned at 11:45 A.M.
ATTEST:
January 17, 1989 Reg. Mtg. 10