HomeMy Public PortalAbout1989-05-16 Regular Meeting17
COUNCIL MINUTES
MAY 16, 1989 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday, May 16, 1989 at 9:30 A.M. in Village Hall.
The meeting was called to order by Mayor Estelle Stern. Those
present were:
Mayor Estelle Stern
Asst. Mayor Matthew B. Blank
Councilman Sol M. Taplin
Councilman James E. Boggess
Councilman Andrew R. Hirschl
i
Also Present: Carole S. Morris, Village Manager
Richard J. Weiss, Village Attorney
Marilyn P. Kreger, Village Clerk
Having a quorum present, Mayor Stern called the first item.
-_April 17, 1989, April 18. 198
C/M Taplin moved and C/M Hirschl seconded a motion to approve the
April 17, 1989 minutes.
Vote Taken: All Voted Aye
Asst. Mayor Blank moved and C/M Hirschl seconded a motion to
approved the April 18, 1989 minutes.
Vote Taken: All Voted Aye
C/M Taplin moved and Asst. Mayor Blank seconded a motion to
approve the April 26, 1989 minutes.
Vote Taken: All Voted Aye
Item 3. Presentations: Of
th -
Chief Baquero presented the specific reasons for naming both
detectives as officer of the month relating to an abduction that
took place in Bal Harbour for which they were responsible for
coordinating a local, state and federal effort to retrieve the
hostages and capture the abductors. With Officer Cardeno out of
state, Officer Treppeda accepted citations on behalf of both of
them. Mayor Stern presented Officer Treppeda with a $100 check
on behalf of the Village.
The Village Manager stated that this variance has been requested
before about which the Village originally expressed concern about
the tie back situation with the seawall which has been resolved.
It is a variance which has not been previously granted by the
Village.
Mr. Vincent Santucci, applicant, recapped the history of his
variances, the first being a 12 foot encroachment, which first
came to Council in January 1989. Then he applied for a 10 foot
encroachment which he doesn't believe as detrimental as a
swimming pool being constructed within 20 feet of the seawall.
He added that he doesn't think that his request would set such a
precedent as to open the "flood gates" for other requests. Each
request needs to be considered on its own merits. The work to be
done is not complicated, after completion no one would know it
was even done. His neighbors, Dr. Chaplin and Mr. Marcellino,
expressed no objection to his request. The addition would not be
offensive as to create a "Hong Kong" effect and further most of
the properties along the water have already had renovations done.
Asst. Mayor Blank confirmed with Mr. Santucci that he had in fact
adjusted his plans to conform to the Building officials'
requirements. He added that he didn't believe this request would
set a precedent because each would be considered separately on
its own merits. Mr. Santucci added that, at one point, there is
only an eight and one half (8 1/2) foot encroachment because of
the angle of the property.
C/M Hirschl asked Mr. Santucci if it would not be possible to
construct the addition on the south side where there is decking
in front of the pool which would not require:a variance.
Mr. Santucci stated that he explored that with his architect;
however, the problem arose that the addition would be tied into
the living room and it then couldn't be used for the purpose
intended. So the idea was dropped.
C/M Taplin stated that once the Village agrees to this, a
precedent would be set. Anyone who remodels or buys and tears
down the old structure to rebuild would want a variance. If this
request is granted then the zoning laws might as well be changed
to reduce the setbacks. Also, in anticipation of a developer who
might want to build along the beach to a height higher than 17
stories, the Council is considering Code amendments to provide
for it.
Reg Council Mtg 5/16/89 2.
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Mr. Bruno, resident in the Village, stated that several years ago
there was an attempt to build a garage to the lot line into the
100 foot setback. The Village hired a specialist who wrote
regulations governing such issues after which the resident was
forced to build outside the setback. He also doesn't believe the
Koven's height variance should have been approved.
Mr. Mario Noto, Bal Harbour Civic Association, said the Civic
Association opposes the variance. He presented two arguments to
support their position:
1. Issue of Procedure - Questions whether the Council has the
authority to consider a variance dealing with a seawall setback.
He introduced a Restrictive Covenant recorded with an Abstract
for lot 6, block 3, Plat Book 44 Page 98 which states that "On
waterfront lots no building or any part thereof may be erected
nearer to the seawall than forty (40) feet...". The Civic
Association believes that this applies to the Santucci lot which
precludes the Council from acting on the variance. Likewise, the
Village Zoning Code requires a 40 foot waterfront setback which
he concludes those who wrote the Code at least had knowledge of
the Covenant and it is more than just a coincidence.
2. Merits of Applicants - Assuming Council authority, the
Association doesn't believe the request should be granted. There -
hasn't been presented any sufficient evidence that the request
meets the criteria set forth by the Zoning Code to warrant
granting of the variance. Mr. Noto then reviewed the criteria
specified in the Code and offered comment on each.
Mr. Noto concluded that this is a very subjective area and that
Council has an obligation to maintain a delicate balance between
the needs and desires of an individual and the general population
who reside in the area. Council must weigh the interests of a
majority of the property owners as against one individual. He
therefore requests that Council seriously consider the
consequences of their decision regarding the precedent approval
can set and the Association is opposed to the request.
Mayor Stern thanked Mr. Noto for his presentation and stated that
open space is a most desirable situation to have both in the
residential area and along the ocean.
C/M Hirschl stated that as the only Council member living in the
residential area and as past president of the Civic Association,
he has always strived to keep the community a very prestigious
area. He commented that Bal Harbour has beautiful open spaces
upon which Mr. Santucci wishes to encroach by building into his
setback. He believes there is an alternative with which Mr.
Santucci disagrees.
Reg Council Mtg 5/16/89 3.
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Mr. Santucci indicated that Mr. Noto originally signed an
acceptance of the request for Mr. Santucci which he apparently
now wishes to retract. Mr. Santucci then commented on the
history of the Civic Association and is membership attendance.
He further commented that he didn't think Mr. Noto represented
the majority of residents in the Village, perhaps just the Board
of Directors. He stated that the Restrictive Covenants mentioned
by Mr. Noto are null and void by legal action. New Restrictions
were adopted at the time the Bal Harbour Club was separated from
the residential area. He also stated that it is his belief that
swimming pools are structures and are within 20 feet of the
seawall which in some cases interfere with the tie backs and are
more detrimental to the seawalls than the addition he is
requesting.
Mr. Tuckman of Camden Drive and Mr. Brown of Bal Bay Drive both
indicated that if this request is granted they would apply for
variances for their properties. Mr. Frank Crippen, Bal Bay
Drive, stated in favor of enforcement of ordinances and his
opposition to the request.
Richard Weiss, Village Attorney, stated that he is not aware of
any legal precedent of a public body enforcing private covenants
or contracts. The landowners in the area would have to enforce
them. He added that the Council has the authority to act on the
variance.
Mayor Stern commented that when zoning is in place and has not
been put in jeopardy in 40 years, and the Village has remained
beautiful, the property values keep going up, to disturb that
situation would create havoc.
Asst. Mayor Blank spoke in favor of the request by saying when he
visited the property, the addition would be camouflaged by
foliage and would not be objectionable to anyone.
C/M Taplin stated that he doesn't feel the request is
objectionable or a detriment to the community as a whole, but if
everyone else came in for a variance, it would have an impact on
the community.
C/M Boggess asked if the people in the audience who are members
of the Civic Association agree with Mr. Noto's comments, he would
have difficulty going against those residents. He therefore
moved that the request for variance be denied. C/M Taplin
seconded the motion.
Vote Taken: Aye - 4 (Boggess, Taplin, Hirschl, Stern)
Nay - 1 (Blank)
Reg Council Mtg 5/16/89 4.
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5. Ordinances - Second Reading
A. An Ordinance Prohibiting the use of Bicycles,
Tricycles, Mopeds or other motorized vehicles
on the Bal Harbour Village Jogging path and
on Sidewalks.
Richard Weiss explained that, on first reading, this ordinance
only addressed the jogging path; however it has been amended to
include sidewalks.
Mr. Bob Maute asked if there is a State law which permits use of
the sidewalks by cyclers because he believes there is. If that
is the case, the Village could not adopt a law that supercedes
State law.
Mr. Weiss said he would research the law and provide Council with
his findings.
C/M Boggess stated that with the number of senior residents in
the Village, bicycles shouldn't be on the sidewalks.
C/M Boggess moved to adopt the ordinance on second reading. C/M
Hirschl seconded the motion.
Vote Taken: All Vote Aye Ordinance No. 331 Passed
(C/M Taplin was absent for the vote, but expressed
no opposition when asked upon his return)
C/M Hirschl asked if the Council could go back to discuss
variances for a moment. He questioned why the Santucci request
has been brought to Council three times in almost as many months.
He believes there should be a waiting period of at lease a year
before such a request could come back to Council. It is time
consuming and redundant. Mayor Stern said she believes Dade
County has a six month waiting period. C/M Hirschl asked the
Attorney to look into preparation of an ordinance requiring a
year.
Mr. Feldman, Bal Harbour Association, whose membership includes
all the buildings on the ocean wanted to thank the Council for
adopting the bicycle riding prohibition ordinance on the
sidewalks.
Discussion continued on the enforceability of the ordinance.
It was pointed out that riders may still ride on the roadway.
Reg Council Mtg 5/16/89 5.
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B. An Ordinance Amending Section 5-8(f) of the
Zoning Code permitting low -growth landscaping
within easement areas of the residential
subdivisions; limiting liability of the
Village; requiring a site plan; requiring a
release and indemnification agreement.
Mr. Weiss stated that an addition was made to this ordinance
relating to requiring a landscape plan and execution of a release
and indemnification agreement saying that if the Village needs to
get into the easement, the property owner acknowledges that the
landscaping would be removed.
C/M Boggess moved and Asst. Mayor Blank seconded a motion to
adopt this ordinance on second reading.
Vote Taken: All Voted Aye
6. Ordinance - First Reading
A. An Ordinance amending Appendix A. Section 5-3
of the Code, specifying design requirements
and requiring plan approval for pool
construction or modification in bulkhead
setback areas; providing for a special, x.
inspector, providing a release and
indemnification agreement prior to
construction; requiring remediation.
Richard Weiss introduced this item by stating that this ordinance
has been worked on by himself, the Village Manager, Building
Official and Engineer. It deals with the problem of construction
within 20 feet of the seawalls. It does not change the
substantive zoning requirements already in the Code. It only
sets the construction standards.
C/M Taplin moved and C/M Hirschl seconded a motion to adopt the
ordinance on first reading.
Vote Taken: All Voted Aye
7. Resolutions
A. A Resolution expressing opposition to
proposed alteration to HJR 139.
The Village Manager introduced this item by saying that this
Resolution goes along with the Florida League of Cities movement
to get the legislature to stop adopting mandates requiring County
and local agencies to take actions that have a financial impact
without providing for the funding.
_.
Reg Council Mtg 5/16/89
6.
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The Attorney added that if the legislature does adopt such
legislation, it should require at least a 3/4ths vote, not a
3/5ths vote, which is what the legislature is trying to reduce it
to.
Asst. Mayor Blank moved and C/M Taplin seconded a motion to adopt
the Resolution.
Vote Taken: All Voted Aye Resolution No. 389 Passed
B. A Resolution recognizing the Discovery of
America Quincentennial Committee as the
coordinating body to Commemorate the 500th
Anniversary of the Discovery of America.
Asst. Mayor Blank moved and C/M Taplin seconded a motion to adopt
the Resolution.
Vote Taken: All Voted Aye Resolution No. 387 Passed
Mr. Bruno, resident in the Village, didn't feel that Bal Harbour
should be involved in anything with Miami without the joint
support of Bay Harbor Islands and Surfside.
C. A Resolution Authorizing the Village Manager
to execute an exclusive Agreement with Durbin
Paper Stock Company for recycling of waste
newspaper.
Mrs. Morris said this Resolution allows her to enter into an
agreement with Durbin to collect and recycle the Village waste
paper pursuant to the State mandate for separation and recycling
of all residential solid waste. There will be a 40 cubic yard
container located at the public works compound which will be
screened. The Village will be supplying recycling containers to
each building to separate. The separate newspaper collection
program will begin in the residential area and west side of
Collins Avenue in July. The residents will be asked to place the
newspapers out on Mondays, packed separately either in paper bags
or twinned.
Durbin will supply the storage container with a $75.00 charge for
emptying, but no rental charge. The Village will receive the
value of the proceeds of the contents based on weight. Since
there is no adequate way to service the condominiums, their
participation is voluntary at this point.
In response to a question from Asst. Mayor Blank, Mrs. Morris
stated that she could not say for certain that the Village will
make any money on this program or even break even. But since
Reg. Council Mtg. 5/16/89 7.
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this is a state mandate, it must be done either way. However,
for every ton of newspaper that is not sent to the resource
recover plant, the Village is saving $36.00.
C/M Hirschl felt that the residents of the condominiums should be
placing their newspapers in the trash rooms with the maintenance
people packing them for pickup. The condominiums should not be
excluded.
Mrs. Morris stated that meetings are going to be set up with the
building managers to set up a program; however, that has not been
acknowledged yet. C/M Taplin stated that the Harbour House is
already separating. Mrs. Morris said some buildings are
requiring separation, but all garbage is going into the same
containers in the garbage room.
C/M Boggess asked if it too late for Koven's Enterprises to adapt
their trash shoots to facilitate this program in the Tower. Mrs.
Morris said she would talk to them. Mrs. Morris also stated that
the agreement only has a 6 month term, so it can be reviewed for
continuation or to go with another company.
C/M Boggess moved and Asst Mayor Blank seconded a motion that the
Resolution be adopted.
Vote Taken: All Voted Aye Resolution No.. 388 Passed
Mrs. Evelyn Gilbert, 120 Harbour Way, asked where the newspaper
will be put that will be collected. Mrs. Morris stated that a
container will be purchased to be hitched behind the garbage
truck into which the paper will be placed for dumping in the
container at public works. In response to comment by Mr. Bruno
whose building already separates paper, but container is too
heavy to be moved, Mrs. Morris stated that the container may be
left in the regular garbage area, the Village will handle the
removal.
8. Reports
A. Mayor and Council - No report
B. Village Attorney - Mr. Weiss commented that with
respect to variances and the Civic Association request to have an
opportunity to give input, Dade County has a good procedure that
deals with presentations by private organizations. There are
questions which can be asked such as - 1. was a regular meeting
held to discuss the issue; 2. when was the meeting held, 3. was a
quorum present; 4. was a vote taken on the issue. Perhaps only
the Board of Directors addressed the issue as opposed to the
entire membership, so Council would have a feeling
Reg. Council Mtg. 5/16/89 8.
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as to whether the opinion represents the entire membership or
just the Board etc.
Mrs. Morris addressed a memo she had previously distributed to
Council with a letter from the Civic Association asking that they
be notified of any variance requests that are submitted so they
can evaluate them and render an opinion. She requested that they
provide that specific information at the time they make their
presentation. It would be by Council direction that the
administration notify the Association of these applications,
although they are public information. It would not pose a
problem as far as time is concerned with respect to advertising.
C/M Boggess stated that it is unfortunate public apathy is at
such a high level. He feels that when a group of people have
enough interest to group together they should be included in the
decision making process. That gives the Council an indication of
what the people want. It would be in an advisory capacity only.
Further he looks askance at a neighbor's comments because he
feels if approached they would agree to almost anything so as to
not create a problem between neighbors.
Mr. Feldman, Balmoral, expressed concern for implementation and
enforcement of the newspaper separation program in the
condominiums. C/M Taplin and Mayor Stern described how the
program works in each of their condominiums. Mrs. Morris
explained that everyone will have to learn how to separate and
discard separately because it is a statewide mandate with
penalties imposed for noncompliance.
C. Village Manager
1. Craig A. Smith & Associates - Engineers - Addendum
#1 to Agreement re: seawall reconstruction - Mrs. Morris
explained that pursuant to the current agreement, services for
capital projects would be handled separately on a lump sum basis.
The Village has received grant funds from the Inland Navigation
District to pay approximately 500 of the cost of rehabilitating
the public portion of the seawall - 270 linear feet + -. The
work must be completed by September 30, 1989 or lose the funding.
Craig Smith submitted a lump sum proposal of $4,393.00 to prepare
bid documents, evaluate the bids and secure permits. Two other
bids were received as well: Ludivici and Orange for $2,600.00;
the other from Von Oesen & Associates for $3,100.00 neither of
which are capped, so the fees could escalate. The building
official expressed concern that their final costs could well
exceed the $4393.00 offered by Craig A. Smith; so staff is
recommending Craig A. Smith for a capped, lump sum price of
$4393.00.
C/M Boggess expressed concern that when the Village receives bids
Reg. Council Mtg. 5/16/89 9.
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staff seems to recommend the high bid rather than the low bid -
why are bids then solicited. Mrs. Morris explained that bids
were not solicited - Ludivici & Orange submitted a bid on their
own volition several months ago, originally for $7,000.00, then
they sent a letter several months later with a bid for $2,600.00.
The specifications are exactly the same for both proposals.
The Village Attorney explained that the Village does not have any
procurement regulations other than one mentioned in the Charter
relative to getting three bids over a certain amount. Securing
architectural and engineering services are governed by state law.
He added that Council has two choices: either go with Craig A.
Smith on capital projects as well as routine matters; or through
a request for proposals on projects over a certain amount.
Discussion continued with C/M Boggess and the Village Manager
regarding purchasing and bidding procedures. Mr. Weiss said the
criteria to look at is whether the bidder is responsive and
responsible and it appears that staff is determining that all
bidders are not meeting that criteria. Mrs. Morris said that
once it is determined that a bidder does not meet the criteria,
the Village does not request bids from that vendor again.
C/M Boggess moved to accept the bid from Craig A. Smith in the
capped, lump sum amount of $4,393.00, seconded by C/M Hirschl.
Vote Taken: All Voted Aye a
3. Water Station - Pump #2 - Mrs. Morris stated that
about 2 months ago the # 2 water pump failed. The pump, along
with the motor, were removed for repair at the service shop.
Enroute to the shop the transport vehicle was involved in a
traffic accident and the motor was destroyed. The pump was later
found to be in need of replacement also due to excessive wear.
There have been no difficulties in working with the number 1 and
3 pumps. The services of the engineers have been put in place to
find the parts necessary to refit the pump. The motor will have
to be replaced.
There will be reimbursement from the crane company and the
Village will file a claim with it 's insurance company as well.
Mrs. Morris stated that she is requesting Council authorization
to purchase the replacement pump and motor at a NOT TO EXCEED
price of $13,500.00.
The Village Manager advised Council that changes will have to be
made in the water station. The motors previously used have a "Y
DELTA START". It takes at least 6 months to obtain a motor with
this part. The engineers are, therefore, recommending that the
Village have the electrical panel for the pump refitted to
accommodate a "STRAIGHT LINE START", which can be delivered in 3-
6 weeks. The Y Delta Start motor is not superior to the Straight
Reg. Council Mtg. 5/16/89 10.
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Line Start; however, over a long term there is a slight cost
savings. Further, because the Y Delta is so hard to obtain, no
one uses it anyone. C/M Taplin moved to approve the Village
Manager's request for the replacement of the motor and refitting
of the #2 pump and rewiring the electrical panel at a cost not to
exceed $13,500.00. Asst Mayor Blank seconded the motion.
Vote Taken: All voted aye
2. Updates - a. Oceanfront Zoning District -
b. Architectural Review Comte/Beautification
Comte
Mr. Warburton's recommendation has not been received as yet.
Mrs. Morris is hoping to receive it within a week to ten days for
administration review precedent to codification. Mrs. Morris
transmitted the Coral. Gables guidelines on the architectural
Review Committee to Council and she is awaiting Mr. Warburton's
recommendation on this committee as well. Mrs. Morris believed
that Council might want to wait until after the guidelines are
developed for the Architectural Review Committee to design the
Beautification Committee guidelines to fill a gap that may be
created.
c. Consulting Planner - Proposals - Mrs.
Morris stated that information from Craig A. Smith & Assoc. has
been forwarded to Council concerning the Planners that would be
available through their office. Mr. Warburton has also been
requested to submit a proposal for services not only for planning
in the Oceanfront District area but also refining the general
zoning regulations.
Richard Weiss, Attorney, recommended to Council that they have a
meeting to discuss general proposals on what they want in terms
of zoning regulations and after there is complete agreement, his
office would draft one ordinance to combine all the
recommendations, rather than piece meal.
Mrs. Morris told Council that as soon as Mr. Warburton's proposal
is received it would be forwarded to them. After Council review
of his proposal and that of Craig A. Smith, Council could decide
on whether they want to go out for a formal Request for Proposals
to seek additional proposals.
4. Sun Bank Median as relates to Singapore Hotel - C/M
Hirschl asked Mrs. Morris to explain the disagreement with the
hotel. Mrs. Morris stated that she, Bill O'Leary and Bob Wheldon
met with Bernie Burke of the hotel because Mr. Burke is concerned
that the new landscaping will obstruct the view of the Singapore
to southbound traffic along Collins Avenue. After an onsite
inspection and a number of pictures being taken, Mr. Burke has
stated that he would settle for placement of a sign directing a
left turn on 96th Street to access the hotels. The sign would be
Reg. Council Mtg. 5/16/89 11.
ELN
a generic sign directing travelers to all the hotels, not just
the Singapore. The Council agreed that all the landscaping
should be done prior to installing any new signs.
9. Adjourn. There being no further business, C/M Boggess moved
and C/M Taplin seconded a motion to adjourn the meeting at 11:20
A.M.
MAYOfZ
Attest:
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Reg. Council Mtg. 5/16/89 12.