HomeMy Public PortalAbout1992-01-14 Public HearingCOUNCIL MINUTES
PUBLIC HEARING - JANUARY 14, 1992
A Public Hearing of the Bal Harbour Village Council was held
on Wednesday, January 14, 1992 in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 5:17 p.m.
by Mayor Stern. The roll was called and those present were:
Mayor Estelle Stern
Assistant Mayor Andrew R. Hirschl
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Carole S. Morris, Village Manager
Jeanette Horton, Village Clerk
Richard Jay Weiss, Village Attorney
As a quorum was determined to be present, the m-,etia3
commenced.
2. Ordinance - First Reading: An Ordinance was read by
title by the Village Clerk creating an Appearance Code for the
Village. Mayor Stern then opened a Public Hearing and Mr. Weiss
addressed this matter. He explained that the proposed Ordinance
was basically as discussed at the workshop meeting; however, the
section which addresses the Board adopting rules and regulations
was amended to provide more specifics therefor.
Councilman Blank queried Mr. Weiss on the relativity of this
Ordinance to the Deed Restriction in the properties on the west
side of Collins Avenue providing for approval of plans by the Bal
Harbour Civic Association. Mr. Weiss advised Councilman Blank that
there was no correlation and approval of plans would need to be
obtained from both the Architectural Review Board and the Civic
Association. Councilman Blank expressed concern over this double
approval process and suggested that the Civic Association appoint
two members to the Architectural Review Board and that Council
appoint the other three members, thus eliminating the need for such
a double approval process. Mr. Weiss felt that this would not
solve the problem inasmuch as the power to approve plans, as
provided by the Deed Restriction, would still remain, unless that
power were somehow assigned to the Village.
Councilman Boggess questioned the authority of the Civic
Association inasmuch as his property is located on the west side of
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Collins Avenue, but not within the Security District, and contains
the same Deed Restrictions; however he has been denied membership
in the Civic Association.
Mr. Richard Olsen, 224 Bal Bay Drive, addressed Council and
stated that the Deed Restrictions cannot be given up unless done so
by a majority vote, which vote would take place every ten years, as
set forth in the deed. He stated further that he felt this
proposed Ordinance was far too extensive and cumbersome for the
Village.
In addition thereto, he was under the impression that the
issue of allowing certain other roof types was to be included in
the amended document. After discussion, it was Council's decision
to amend Section 5A-5 b. ii. to include that roofs shall not be
gravel, stone, asphalt shingles or metal.
Mrs. Rea Stoppa, 77 Camden Drive, urged Council, as her
elected representative to somehow insure that they retain the sole
right to approve plans and not the Civic Association.
Mr. Olsen advised Mrs. Stoppa that the Deed Restrictions
assigned by Miami Beach Heights to the Bal Harbour Club and then by
the Club to the Civic Association provide for this approval by the
Civic Association and again, could not be changed without a vote of
all property owners.
Village residents John Scala and Martin Neca Logan expressed
their concern relative to the need for and creation of an
Architectural Review Board.
After further discussion, it was determined that Mr. Weiss and
Mrs. Morris should meet with Mr. Olsen, as attorney for and Mr.
Riso, as president of the Civic Association, in an attempt to
negotiate an agreement whereby the Civic Association would assign
their right of approval of plans in exchange for two seats on the
Architectural Review Board in an attempt to provide a one stop
permitting process. Assistant Mayor Hirschl and Mrs. Stoppa
requested to be included in such a meeting.
Mayor Stern requested a copy of the Deed Restrictions be
provided by Mr. Olsen to Council, the Manager and the Village
Attorney, as well as any documents showing assignment of the Deed
Restrictions from the Bal Harbour Club to the Civic Association.
Councilman Boggess reaffirmed Council's intention with this
proposed Ordinance to bring harmony and beauty to the Village and
prevent embarassment from unsightly structures and welcomed
suggestions from residents. He clarified that this includes the
entire Village, not just the residential security district.
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Mayor Stern then announced that a second Public Hearing had
been scheduled for January 28th at 5:15 p.m. Inasmuch as the
proposed Ordinance was not approved for first reading, Mrs. Morris
noted that the second meeting would not be required as yet, but
that date could be left open, in the event the issue is resolved.
Mayor Stern then closed the Public Hearing and reminded everyone of
the ceremony honoring Mr. Taplin on January 19th.
3. Adiourn: There being no further business to come before
Council, a motion to adjourn was offered by Assistant Mayor Hirschl
and seconded by Councilman Boggess. The motion carried unanimously
(5-0) and the meeting adjourned at 6:15 p.m.
Y-r(
MAYOR ESTELLE STERN
ATTEST'
4EANETTE HORTON
JILLACE CLERK
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