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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 Public Hearing - 1/14/92 1 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. Public Hearing - 1/14/92 2 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 /tms Public Hearing - 1/14/92 3