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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 Reg. Council Meeting 7/17/90 1 14 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. Reg. Council Meeting 7/17/90 2 15 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. Reg. Council Meeting 7/17/90 3 16 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 Reg. Council Meeting 7/17/90 4 17 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 Reg. Council Meeting 7/17/90 5 18 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 Reg. Council Meeting 7/17/90 6 19 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 Reg. Council Meeting 7/17/90 7