Loading...
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. 19 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. 20 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. Mll 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. 22 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. 23 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. 24 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. 25 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. T 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. 27 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: t Reg. Council Mtg. 5/16/89 12.