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Home My Public Portal About1990-07-31 Special Meeting20 COUNCIL MINUTES JULY 31, 1990 - SPECIAL MEETING A Special Meeting of the Bal Harbour Village Council was held on Tuesday, July 31, 1990 at 5:30 p.m. in the Council Chambers at Village Hall. The Meeting was called to order at 5:30 p.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 Councilman Sol M. Taplin Also present: Richard J. Weiss, Village Attorney Carole S. Morris, Village Manager Marilyn P. Kreger, Village Clerk As a quorum was found to be present, the meeting was commenced. 2. Public Hearing: Mayor Stern explained that the purpose of the Public Hearing is to consider the Building Moratorium currently affecting the following Zoning Districts R-1, R-2, RM1-5, and PC. Mayor Stern opened the Public Hearing. Village Attorney Richard Weiss again advised the Council that in accordance with Bal Harbour Village Code, the purpose of this Public Hearing was to determine if the Moratorium created at the July 17, 1990 Council meeting should be kept in effect, reversed, modified or superseded by another Moratorium. Regarding need for the Moratorium, Council should consider: A) Is there reasonable necessity for a detailed comprehensive analysis of the zoning districts; and B) If so, should building permits be frozen during the study? Dr. Thomas Kelsey, Director of Planning for Craig A. Smith & Associates, General Consultants for Bal Harbour Village provided a letter to Council and stated that the Village was in need of more definitive and expanded set of land use regulations to eliminate piece -meal zoning requests/grants which could lead to unfair treatment of petitioners and abuse of land use regulations. A Moratorium would provide the necessary time to review the existing regulations and draft new/amended Ordinances, in conjunction with bringing land use regulations into compliance with Bal Harbour Village's Comprehensive Masterplan adopted in December, 1988. Public Hearing - 7/31/90 1 21 Included therein would be: Appearance Code/Plan; Subdivision Ordinance which is now required but Village does not have; Concurrency Management ordinance now required; Stormwater Management Ordinance and amendments to existing Code previously discussed. A Moratorium would allow time for land development regulations to be put in place without having new development go in which, after regulations are adopted, would not have been permitted or desirable in accordance therewith. Councilman Taplin stated he did not feel the variance requests we have previously received warrant the need for a Moratorium. Councilman Boggess stated he did not feel that the issues involved in concurrency necessitated a Moratorium. Mayor Stern then asked for comments from the general public. Mr. Mario Noto, 101 Bal Bay Drive addressed the Council as a representative of and Counsel for the Bal Harbour Club. He stated that the Bal Harbour Club opposes the Ordinance setting forth the Moratorium and urges the Council to remove same on the grounds that it is arbitrary and capricious and an act of vendetta against the Club. The Club feels that the Moratorium was enacted to punish the Club, prevent construction by the Club and its members and restrict hedge height, only on Club property, inasmuch as the Club, having been denied a variance to post "No Trespassing" signs on their property, implied that they might exercise their option to install hedges. He reiterated allegations made previously at the July 17, 1990 meeting that Councilman Hirschl is prejudiced and biased against the Club and therefore a conflict of interest exists in this matter.1 Mr. Noto renewed the request and desire of the Bal Harbour Club to remove the Moratorium. Assistant Mayor Blank inquired of Mr. Noto whether or not he was a member of the Florida Bar. Mr. Noto responded that he was not a member of the Florida Bar, but a member of the New York Bar, Washington, D. C. Bar, Supreme Court, U. S. District Court -Southern District of New York and P.C. Court of Appeals and that if the Club were in litigation, they would hire Florida Counsel. Mayor Stern advised Mr. Noto that the minutes from which he quoted in his presentation at this meeting had not yet been approved by Village Council. Bal Harbour Village residents Anthony Riso - 139 Bal Bay 'These 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. Public Hearing - 7/31/90 2 22 Drive, Robert Miller - 187 Bal Cross Drive, John Bruno - 50 Park Drive, Nanci Clark - 121 Camden Drive, and addressed the Council in opposition Drive, John Scala - 101 Biscay Rea Stoppa - 77 Camden Drive, Angela Daly - 56 Camden Drive to the Moratorium. Mr. Jerry Hart, 182 Bal Bay Drive, stated he felt that the Moratorium was not necessarily a negative approach to enacted state -mandated changes in land use regulations. 3. Resolution affirming, reversing or supercedinq prior Moratorium Resolution. Dr. Hirschl stated he understood Council's motivation in enacting the Moratorium was only to protect the neighborhood and its aesthetic beauty. However, inasmuch as it seems obvious that residents do not want this Moratorium, other means should be undertaken. Councilman Boggess said that although he seconded the motion for the Moratorium, he felt that in doing so he had made a serious mistake and that this has added an undue burden on the residents of the Village. A motion to rescind the Moratorium was made by Councilman Boggess and seconded by Councilman Taplin. There being no further discussion, the motion carried unanimously (5-0), becoming RESOLUTION NO. 415 RESOLUTION OF BAL HARBOUR VILLAGE LIFTING AND REVERSING THE MORATORIUM INSTITUTED BY THE VILLAGE COUNCIL ON JULY 17, 1990 AND PROVIDING AN EFFECTIVE DATE. Mayor Stern then closed the Public Hearing and called for a five-minute recess. 4. Village Clerk - Performance Evaluation - Report by Assistant Mayor Matthew B. Blank. Asst. Mayor Blank reported to Council that he had in his possession a letter of resignation from Village Clerk Marilyn P. Kreger effective August 1, 1990 and he strongly recommended that Ms. Kreger be given three months' severance pay. A motion was made by Councilman Taplin and seconded by Dr. Hirschl to accept the resignation of Village Clerk Marilyn P. Kreger and approve three months' severance pay to Ms. Kreger. There being no further discussion, the motion carried unanimously (5-0). Council directed that a Committee be empaneled to make recommendation to Council as to a replacement for this position. This panel would be responsible for requesting applications, Public Hearing - 7/31/90 3 23 reviewing same, reducing list to at least five applicants and providing same to Council. Council will accept responsibility of interviewing said applicants and making the final decision. Council suggested retired Bal Harbour Village Clerk Mary Wetterer be asked to chair this Committee and that Bay Harbor Islands Town Clerk Linda Karlsson, Biscayne Park Village Clerk Jeanette Horton and Finance Officer John Walker also be asked to serve. Members may, at their discretion, ask other individuals to serve with them on this Committee. 5. Other Business. None. 6. Adjourn. There being no further business to come before the Council, a motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 7 p.m. ATTEST: Village Clerk Public Hearing - 7/31/90 Mayor 4