HomeMy Public PortalAbout1990-07-17 Regular Meeting13
COUNCIL MINUTES
JULY 17, 1990 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday, July 17, 1990 at 9:30 a.m. in the Council
Chambers at Village Hall. The meeting was called to order at 9:30
a.m. by Mayor Estelle Stern and the roll was called. Those present
were:
Mayor Estelle Stern
Assistant Mayor Matthew Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Also present: Richard J. Weiss, Village Attorney
Carole S. Morris, Village Manager
Marilyn P. Kreger, Village Clerk
Absent: Councilman Sol M. Taplin
As a quorum was found to be present, the meeting was
commenced.
2. Approval of Minutes: A motion was offered by Councilman
Hirschl and seconded by Asst. Mayor Blank to approve the minutes of
the June 19, 1990 regular meeting, as submitted. There being no
changes or corrections, the motion carried unopposed (5-0).
Mayor Stern reported that the Wet'n Wild issue will not be
pursued and extended appreciation therefor to Commissioner Barbara
Carey, Commissioner Harvey Ruvin and Village Counsel Richard Weiss
for their direction and assistance. Formation of an Ad Hoc
Committee is anticipated.
3. Presentation to retired Village Clerk Mary Wetterer:
Mayor Stern recognized retired Village Clerk Mary Wetterer for her
twenty-five years of membership in the International Institute of
Municipal Clerks. Mayor Stern read a letter from the Association
honoring Mary for her dedicated contribution to the local, regional
and national level of this profession and presented a certificate
from the Association to Ms. Wetterer in appreciation.
4. Public Hearings: The next item to come before Council was
a request by the Bal Harbour Club for a variance to Chapter 15 of
the Bal Harbour Village Code to permit the placement of 8-10 "No
Trespassing" signs on the Bal Harbour Club property located at 200
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Bal Bay Drive.
Mr. Mario Noto addressed the meeting as counsel for the
applicant, the Bal Harbour Club. He requested amendment of item 5
of the initial application to the effect that size, dimension,
number, configuration and location of said signs be furnished by
the Village.
Before proceeding further4 Mr. Noto addressed the issue of
possible conflict of interest.1 Noting that the Council process
must be free of undue influence, prejudice and pre -determination of
its decision, and to remove any doubt of same, he requested that
Councilman Hirschl recuse himself from participation in the process
of the hearing, consideration and determination to be made on the
subject application. He alleged that Councilman Hirschl had
previously discussed the merits of this application outside the
Council Chambers and threatened the Club with litigation in the
event the Club did not withdraw this application. The Club felt
this stemmed from an incident wherein Councilman Hirschl's child
and nursemaid were asked to leave the seawall area of the Club
property. Although Mr. Noto stated this was done in the interests
of the child's safety, he stated that Dr. Hirschl felt he was being
discriminated against.
Additionally, Mr. Noto stated that petitions circulated by
Mrs. Hirschl and resident Ira Lelchuk in opposition to the variance
constituted a conflict of interest and again requested Dr. Hirschl
recuse himself from this hearing. Dr. Hirschl replied that he
would not recuse himself and disagreed with remarks made by Mr.
Noto.
Attorney Weiss stated that pre -dispositions were not a legal
conflict in the state of Florida and that Councilman Hirschl was
prohibited from abstaining.
Regarding the recommendation by the Bal Harbour Civic
Association that the variance request be denied, Mr. Noto requested
that Council disregard same and stated that this recommendation is
invalid inasmuch as its reasons for denial relate to aesthetics
when, in fact, the application was made to protect the personal
liability of the Club. He also challenged the validity and
credibility of the Association's request for denial inasmuch as the
vote taken at the June 9, 1990 meeting of the Association was in
favor of granting the variance. However, at the July 7, 1990
meeting, the Civic Association voted to recommend denial of this
application for variance.
1These minutes were amended prior to approval to include a
statement, recorded in the minutes of the September 18, 1990
Regular Meeting, from Councilman Hirschl in response to these
remarks by Mr. Noto.
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Mr. Noto stated that the risk of individuals falling into the
bay in the area around the Club property was the reason for this
application. He provided Council with a letter from their
insurance company stating that if the Club installs signs, while
not absolving complete liability, there could be a mitigation of
liability and would assist in a defense for damages claimed by
trespassers. The Club feels a moral and legal obligation to take
every measure possible to minimize liability for accidents
occurring on the Club property. Also, trespassing over a period of
time may create a prescriptive right to easement. Posting of signs
would be a legal interruption of that continued use.
Mayor Stern then opened the Public Hearing, at which time
Councilman Boggess declared that inasmuch as he is a proprietary
member of the Bal Harbour Club and a conflict of interest thereby
exists, he would like to abstain from voting.
Mr. William Gavigan - 150 Harbour Way - spoke in opposition to
the variance and added that he, as a member of the Club, never
received notice of the Club's actions in requesting this variance
and suggested this was not a request by the Club body as a whole,
but a small portion of the membership.
Mr. Vincent G. Santucci - 100 Bal Bay Drive - questioned the
matter of a conflict of interest involving Mr. Noto inasmuch as he
resigned as an officer of the Civic Association directly following
the vote to deny the variance taken at the Civic Association
meeting on July 7, 1990. Mr. Noto stated that at that July 7th
meeting, he voted to grant the variance and further that he was
unaware at that time that he would be representing the Club
regarding this matter.
Dr. Ira Lelchuk - 169 Camden Drive, spoke in opposition to the
variance and denied any coercion was involved when circulating the
petition.
Mr. Anthony Riso - 139 Bal Bay Drive, on behalf of the Civic
Association stated that at the June meeting, the Association
requested he contact the Club's President to see if the Club would
be willing to limit the number of signs to ten and if they agreed
thereto, the Association would not oppose the variance. The
President agreed and a special meeting of the Association was
called wherein it was unanimously agreed that the variance would
not be opposed. This matter was discussed further at the July 7th
meeting, and the members voted 5-2 in opposition to the variance on
the grounds that it would negatively affect the aesthetics of the
Village.
Village residents Darcee Siegal - 169 Camden Drive, Adam
Petrillo - 172 Camden Drive, and Jerry Hart - 182 Bal Bay Drive
also spoke in opposition to the variance request.
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Mayor Stern then closed the Public Hearing.
A motion was made by Assistant Mayor Blank and seconded by
Councilman Hirschl to deny the variance request of the Bal Harbour
Club to post "No Trespassing" signs on the Club property located at
200 Bal Bay Drive. There being no further discussion, the motion
carried unanimously (3-0) (Councilman Boggess abstained), thus
becoming
RESOLUTION NO. 413
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
DENYING A VARIANCE OF CHAPTER 15, OF THE BAL
HARBOUR VILLAGE CODE PERTAINING TO PROPERTY
LOCATED AT 200 BAL BAY DRIVE (TRACT E
RESIDENTIAL SECTION); PROVIDING FOR AN
EFFECTIVE DATE.
5. Ordinances - Second Reading:
A. An Ordinance was read by title, by the Clerk,
amending Appendix A, Section 6-9 of the Bal Harbour Village Code,
permitting doctors' and dentists' offices in the ocean front
district of Bal Harbour. Discussion was had as to the need for
inclusion of the wording "medical" doctors.
A Public Hearing was opened by Mayor Stern. After brief
discussion regarding the need for advertising by doctors' in this
district, the Public Hearing was then closed by Mayor Stern.
Assistant Mayor Blank discussed the need for broadening
this ordinance to include other services. Councilmen Boggess and
Hirschl agreed therewith, with the stipulation that the services be
under the direction supervision of a medical doctor or dentist.
A motion was made by Assistant Mayor Blank and seconded
by Councilman Boggess to defer this Ordinance. There being no
further discussion, the motion carried unanimously (4-0).
B. An Ordinance was read by title, by the Clerk,
providing unlimited hedge height, stipulating that hedges be neatly
trimmed and do not interfere with vehicle traffic.
Mayor Stern opened a Public Hearing and after hearing no
comments, then closed the Public Hearing.
Councilman Hirschl stated that in view of the piece -meal
zoning that exists in the residential district and the numerous
variance requests coming before the Council, the need exists for
a comprehensive study of this district. He suggested that a
Moratorium on building permits be placed on the zoning districts
within the residential area and that the subject Ordinance be
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deferred until this study is complete.
Councilman Boggess stated that in view of the fact that
many residents are now in violation of the hedge height Ordinance
as it presently exists, if same is enforced, they would have to cut
their beautiful hedges to comply with the Ordinance and he felt
that most residents did not want to do so. A motion was made by
Councilman Boggess to amrove this Ordinance. The motion died for
lack of a second.
Councilman Hirschl reiterated the need for a
comprehensive study and felt that this was an appropriate time to
initiate same prior to approving any further Ordinances or variance
requests.
A motion was made by Councilman Hirschl and seconded by
Assistant Mayor Blank that this Ordinance be deferred. There being
no further discussion, the motion carried (3-1).
A motion was made by Councilman Hirschl to institute a
30-day Moratorium pursuant to Section 7-21 of the Bal Harbour
Village Code on zoning districts R-1, R-2, PC, RM-1-5.
Assistant Mayor Blank stated that his major concern was
unlimited hedge height.
Councilman Boggess stated he felt that although a
comprehensive study is necessary, a moratorium on building permits
is too extreme a measure to accomplish the study,.
Councilman Hirshl stated the need, for example, for
preservation of open spaces in the Village, a concern expressed to
him by many residents, both members and non-members of the Bal
Harbour Club. By approval of the hedge height ordinance, for
example, the Club could choose to wall off their property from
homeowners and alter the aesthetic beauty of Bal Harbour. In
requesting the Moratorium, he strongly expressed that his intent is
not to single out or discriminate against the Club.
Councilman Hirschl made a motion to reconsider the
Ordinance relative to hedge heights and same was seconded by
Assistant Mayor Blank. There being no further discussion, the
motion carried unanimously (4-0).
In order to assure the preservation of open spaces, a
motion was made by Councilman Boggess and seconded by Councilman
Hirschl to amend the Ordinance relative to hedge heights to remove
the PC District from unlimited hedge heights. There being no
further discussion, the motion carried unanimously (4-0) and the
Ordinance entitled
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ORDINANCE NO. 348
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING
APPENDIX A, SECTION 5-8 OF THE BAL HARBOUR
VILLAGE CODE; PERMITTING UNLIMITED HEDGE
HEIGHT EXCEPT WITHIN THE PC DISTRICT, PROVIDED
THAT SUCH HEDGES REMAIN NEATLY TRIMMED AND DO
NOT INTERFERE WITH VEHICLE TRAFFIC; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
was enacted.
Council then again discussed the Club's need for some type of
signs to be placed on their property to assist in preventing
possible tragic accidents around the seawall. To reach a
compromise with the Club, Attorney Weiss suggested a recess to
contact Club officials to discuss an alternative to erection of a
wall or fence such as the placement of a sign indicating caution -
unguarded waters.
In order to avoid a hasty decision on this matter, as well as
other zoning matters and to complete a comprehensive study thereof,
a motion was made by Councilman Hirschl and seconded by Councilman
Boggess to initiate a 30-day Moratorium on building permits on
zoning districts R-1, R-2, PC, and RM-1-5 pursuant to Section 7-21
of the Bal Harbour Village Code.
Attorney Weiss advised Council that a 30-day Moratorium was
too short a time period for completion of a report, and a Public
Hearing should be scheduled in two weeks to hear comments from the
public concerning the issue of a Moratorium. At that time, the
length of the Moratorium could be determined.
There being no further discussion, the motion carried
unanimously (4-0), becoming
RESOLUTION NO. 414
RESOLUTION OF BAL HARBOUR VILLAGE DECLARING A
MORATORIUM TO EXIST PURSUANT TO CHAPTER 7,
ARTICLE II OF THE CODE OF BAL HARBOUR VILLAGE;
PROVIDING FOR AN EFFECTIVE DATE.
6. Ordinances - First Reading: None.
7. Resolutions: None.
8. Reports:
A. Mayor and Council: In response to Councilman
Boggess's inquiry as to the status of the new trash transfer
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station, Village Manager Morris advised that problems have been
encountered relative to the operation of the gate. Said problems
have been resolved and disassemblance of the temporary site should
commence immediately. Mr. Jerry Hart, owner of property adjacent
to the new trash transfer station, requested and was granted
additional landscaping to occlude the view of the station.
B. Village Attorney: None
C. Village Manager: Mrs. Morris advised Council that the
next meeting of the Police Chief Selection Committee is scheduled
for July 24th. At that time, final recommendation should be made
to the Village Manager's office.
Mrs. Morris further advised Council that the budget
process is progressing and that the first Budget Hearing is
tentatively scheduled for September llth at 5:05 p.m.
The matter of an August Council meeting was brought before
Ccouncil. It was decided that the need for such a meeting would be
discussed at the Public Hearing scheduled for July 31st at 9:30
a.m.
Difficulties relating to accounting responsibilites within
Village Hall were then brought to Council's attention by Mrs.
Morris. Currently, these responsibilities are housed in the
Village Clerk's office and she requested Council's approval to
realign these duties into the Finance Department.
Councilman Boggess inquired as to the reason for this
realignment and was advised by Finance Officer John Walker that
numerous problems have existed during the present Clerk's tenure
involving cash management/disbursement and other accounting
procedures. Councilman Boggess stated that he would not be in
favor of realignment of duties, but instead suggested a review of
the Village Clerk's performance. Mayor Stern agreed and requested
that Assistant Mayor Blank conduct such a review and report back to
Council at the July 31st meeting.
10. Adiourn: A motion was offered by Councilman Hirschl and
seconded by Councilman Boggess that the meeting be adjourned.
There being no further discussion, the motion carried unopposed
(4-0) and the meeting was adjourned at 1:35 p.m.
/'
MAYOR
EST:
ATQ U
ILLAGE CLERK
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