HomeMy Public PortalAbout1990-09-18 Regular Meeting35
COUNCIL MINUTES
SEPTEMBER 18, 1990 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village
Council was held on Tuesday, September 18, 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:
Also present:
Mayor Estelle Stern
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Village Manager Carole S. Morris
Village Attorney Richard J. Weiss
Administrative Assistant Teresa M Smith
Absent: Councilman Matthew B. Blank
Councilman Sol Taplin
As a quorum was found to be present, the meeting commenced.
2. Approval of Minutes: Councilman Hirschl advised Council
that after verifying procedure from Village Attorney Richard
Weiss, under Roberts Rules of Order, he would like to amend the
minutes of the July 17, 1990 Regular Meeting and the July 31,
1990 Special Meeting. Accordingly, he read the following
statement:
"On July 17th and again on July 31st, Mario Noto appeared before
the Council and lodged a personal attack against me. At that
time, I did not feel it appropriate to respond in full so as to
detract from the issues before the Council, thereby turning the
meeting into a personal debate. However, now that the
substantive issues have been addressed by the Council and subject
to a vote, it is now proper and appropriate to respond to Mr.
Noto's personal attack and to correct his misstatements for the
record. First let me point out that Mr. Noto purported to
represent the Bal Harbour Club as its counsel despite the fact
that he is not an attorney licensed to practice in the state of
Florida. At the meetings, Mr. Noto accused me of personal bias
and demanded my recusal from voting on the variance requested by
the Club, the hedge height ordinance and the building moratorium.
Mr. Noto demanded my recusal based on several reasons, none of
which hold any merit. Richard Weiss clearly stated that, to the
contrary of Mr. Noto's demands, I was prohibited from abstaining.
It is of no consequence that my wife and business partner, not to
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mention numerous others, participated in a petition drive against
the variance. Mr. Noto apparently believes that married couples
and business partners are incapable of independent thinking. His
using this as a basis to promulgate inaccurate statements and
turn meetings into a private vendetta was a feeble attempt to
refocus the issues. I am a duly elected official responsible to
the constituents of this Village. My election was part of the
democratic process which makes me accountable to those who reside
here. Therefore, I vote in accordance with my belief that my
vote will represent the position that will benefit all those who
reside in this Village. I believe my record will reveal my
dedication to all the constituents in this community.
Nevertheless, Mr. Noto has accused me of personal bias against
the Club. This cannot be farther from the truth. Indeed, on the
issue of the hedge height ordinance, Mr. Boggess voted for the
hedge height ordinance, excepting out the PC district. Mr.
Boggess is, in fact, a member of the Bal Harbour Club, and like
me, voted his conscience, not his personal bias. Similarly, Mr.
Boggess seconded and voted for the motion for the moratorium at
the July 17th meeting. That motion passed unanimously. The
intended purpose of the moratorium was to preserve the aesthetics
of our community and, as Richard Weiss explained, would insure
that any new construction conform to the regulations and
ordinances that we pass consistent with the Comprehensive Plan
adopted in December, 1988. At the July 31st meeting, it became
apparent that the moratorium was impractical and not the best
approach to further our objectives. Therefore, I, along with the
other Council members, voted to retract the moratorium.
Nevertheless, Mr. Noto used these issues to wage a campaign
against me, accusing me of bias and prejudice. He erroneously
stated that I threatened litigation if the Club did not withdraw
its variance application. This is entirely untrue. The
implications of Mr. Noto's remarks about me are surely
unconstructive. He used this forum to further his own agenda.
The minutes of the July 17th meeting as presently drafted reflect
the fact that Mr. Noto addressed the issue of possible conflict
of interest. Noting that the Council process must be free of
undue influence, prejudice and predetermination 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. Surely I and other members of this Council
were elected because we are thinking human beings with a desire
to better our community and with ideas consistent with that goal.
I hope that Mr. Noto is not suggesting that elected officials
should not have the concepts of what is best for the people who
have elected them. I have and will continue to vote consistently
with my beliefs and my opinions of what will be best for our
Village and the residents, including and especially the children
who reside here. Thank You."
Councilman Boggess was uncertain as to whether or not the minutes
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were a proper place for a rebuttal of Mr. Noto's statements.
village Attorney Weiss advised that as a matter of personal
privilege, with Council's approval, this would be permissable.
After further discussion, Councilman Boggess agreed thereto.
A motion was then made by Councilman Boggess and seconded by
Councilman Hirschl that the minutes of the July 17, 1990 regular
meeting be approved. There being no further discussion, the
motion carried unanimously, (3-0).
A motion was made by Councilman Hirschl and seconded by
Councilman Boggess that the minutes of the Special Meeting of
July 31, 1990, be approved. There being no further discussion,
the motion carried unanimously (3-0).
3. Presentations: The Mayor recognized Police Chief Alfred
J. Treppeda. Chief Treppeda read from a memo the accomplishments
of Officer of the Month for July, 1990, Steven Goldberg and
Officer of the Month for August, 1990, Kenneth Klingman. Each
officer was presented a plaque and a check in the amount of $100
in recognition of his achievement. The Mayor and Council then
joined in thanking Officers Goldberg and Klingman for their
outstanding efforts.
4. Public Hearings:
A. Mayor Stern opened a Public Hearing to hear complaints
and consider adjustment of the Security Assessment Roll 90-1. A
Resolution adopting the Assessment Roll was read by title. There
being no discussion, Mayor Stern then closed the Public Hearing.
A motion was made by Councilman Boggess and seconded by
Councilman Hirschl to adopt this Resolution. The motion carried
unanimously, (3-0) becoming
RESOLUTION NO. 417
RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING AN
ASSESSMENT ROLL FOR THE SECURITY DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
B. A Resolution was read by title providing for an increase
in water rates from $11.00 per month to $13.50 per month. Mayor
Stern opened a Public Hearing to consider this proposed increase.
Hearing no discussion, the Public Hearing was closed by Mayor
Stern. A motion was offered by Councilman Hirschl and seconded
by Councilman Boggess to adopt this Resolution. There being no
further discussion, the motion carried unanimously, (3-0),
becoming
RESOLUTION NO. 418
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
September 18, 1990 - Regular Meeting
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ESTABLISHING WATER RATES; PROVIDING FOR AN
EFFECTIVE DATE.
C. Mayor Stern then opened a Public Hearing to consider a
request by the owner of property located at 90 Park Drive for a
variance of Bal Harbour Village Code, Appendix A, Section 6-5g.
which states in part, "No Building or any part thereof may be
erected beyond the front setback lines as shown on the recorded
plat of the residential section of Bal Harbour or nearer than ten
(10) feet to the side or rear lines." Mr. Max Puyanic, owner of
the subject property, addressed Council, advising that the
contractor employed to construct a swimming pool on this
property, after having pulled the appropriate permit, constructed
the pool 7 1/2' from the side setback instead of the required
10'. Mr. Puyanic noted that this property is adjacent to a park
and no resident would be affected by this variance request.
Building Inspector George Desharnais advised Council that the
plans, when first submitted to the Building Department, provided
for construction of the pool at 6' from the building line. They
were immediately advised that this was incorrect and the plans
were changed at that time. However, when the pool was built, it
was apparently done so utilizing the old plans. Anthony Riso,
139 Bal Bay Drive, stated that he felt the contractor should be
held responsible for his error and should be corrected by him.
He also noted that the Civic Association had not had the
opportunity to consider this variance request, inasmuch as the
Association did not have a meeting in August. Mr. John Scala,
101 Biscay Drive, spoke in behalf of Mr. Puyanic, noting that a
spot survey, although not required in accordance with our Code,
should have been performed, which would have revealed this error.
He felt that the Village was negligent in not doing so. Building
Inspector George Desharnais, Jr. stated that the proper
inspections required by the Village, plumbing, electrical and
foundation, were made, at which time this error should have been
detected. Ms. Morris and Mr. Desharnais noted that the property
line, abutting a park, is difficult to detect. George
Desharnais, Jr., although not having made the initial
inspections, did notice this error during his inspection of the
property. Noting the negligence of the Village and the fact that
this error is not critical, Councilman Boggess offered a motion
to approve this variance and same was seconded by Councilman
Hirschl. There being no further discussion, the motion carried
unanimously (3-0) becoming
RESOLUTION NO. 419
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
APPROVING NON-USE VARIANCE OF APPENDIX A
SECTION 6-5.g. PERTAINING TO PROPERTY LOCATED
AT 90 PARK DRIVE, (LOT 6 BLOCK 4 RESIDENTIAL
SECTION); PROVIDING FOR AN EFFECTIVE DATE.
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Councilman Hirschl stressed the need for spot surveys to be
conducted in the future for all permits.
5. Ordinances - Second Reading:
A. An ordinance was presented for second reading approving
the General Fund budget for 1990/91 and was read by title. A
Public Hearing on the Ordinance was opened, and as no one desired
to speak, closed by Mayor Stern. A motion to enact this
Ordinance was offered by Councilman Hirschl and seconded by
Councilman Boggess. There being no further discussion, the
motion carried unanimously (3-0) becoming
ORDINANCE NO. 349
ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A
BUDGET FOR THE PERIOD OF OCTOBER 1, 1990 TO
SEPTEMBER 30, 1991 IN THE AMOUNT OF
$3,668,032; AUTHORIZING EXPENDITURES;
ESTABLISHING AN EFFECTIVE DATE.
B. An ordinance was then presented for second reading and
read by title which would provide for adoption of the Tourism
budget for 1990/91. A Public Hearing was opened by Mayor Stern
and there being no discussion, closed. A motion to enact the
ordinance was offered by Councilman Boggess and seconded by
Councilman Hirschl. There being no further discussion, the
motion carried unanimously (3-0), thus becoming
ORDINANCE NO. 350
ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A
BUDGET FOR THE DEPARTMENT OF TOURISM FOR THE
PERIOD OF OCTOBER 1, 1990 TO SEPTEMBER 30,
1991 IN THE AMOUNT OF $1,280,200; AUTHORIZING
EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE.
C. An ordinance was presented for second reading and read
by title which would provide for adoption of the Water Fund
budget for 1990/91. A Public Hearing was opened, and having
heard no discussion, closed by Mayor Stern. A motion to enact
the ordinance was offered by Councilman Hirschl and seconded by
Councilman Boggess. There being no further discussion, the
motion carried unanimously (3-0), thus becoming
ORDINANCE NO. 351
ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A
BUDGET FOR THE WATER DEPARTMENT FOR THE
PERIOD OF OCTOBER 1, 1990 TO SEPTEMBER 30,
1991 IN THE AMOUNT OF $744,960; AUTHORIZING
EXPENDITURES; ESTABLISHING AN EFFECTIVE DATE.
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D. An ordinance was then presented for second reading and
read by title which would provide for adoption of the Sanitary
Sewer fund for 1990/91. A Public Hearing was opened, and there
being no comments, closed, by Mayor Stern. A motion to enact the
ordinance was offered by Councilman Boggess and seconded by
Councilman Hirschl. There being no further discussion, the
motion carried unanimously (3-0), thus becoming
ORDINANCE NO. 352
ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A
BUDGET FOR THE SANITARY SEWER DEPARTMENT FOR
THE PERIOD OF OCTOBER 1, 1990 TO SEPTEMBER
30, 1991 IN THE AMOUNT OF $517,500;
AUTHORIZING EXPENDITURES; ESTABLISHING AN
EFFECTIVE DATE.
E. An emergency ordinance was presented and ready by title.
This ordinance provides for transfer of funds between general
fund accounts in order to balance the 1989/90 budget. A Public
Hearing was then opened by Mayor Stern. Mrs. Morris advised
Council that this also provided for an appropriation of $57,000
from funds previously reserved for the trash transfer station
construction. These funds were reserved in the 1988/89 budget
and as the project was not completed, our auditors advised
appropriation thereof in order to access for payment upon
completion of the project. There being no further discussion,
Mayor Stern closed the Public Hearing. A motion to enact this
ordinance was offered by Councilman Boggess and seconded by
Councilman Hirschl. There being no further discussion, the
motion carried unanimously (3-0), becoming
ORDINANCE NO. 353
AN EMERGENCY ORDINANCE OF BAL HARBOUR
VILLAGE, FLORIDA TRANSFERRING FUNDS WITHIN
THE GENERAL FUND BUDGET FOR 1989-90.
7. Resolutions:
(A Resolution adopting the security district assessment and
a Resolution establishing water rates were presented and adopted
out of agenda order, during the Public Hearings referred to in
Section 4 A. and B. above.).
C. A resolution was read by title supporting the efforts of
the Chambers of Commerce and League of Cities to bring organized
baseball to south Florida. A motion to approve this resolution
was offered by Councilman Hirschl and seconded by Councilman
Boggess. There being no further discussion, the motion carried
unanimously (3-0), thus becoming
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RESOLUTION NO. 420
RESOLUTION OF BAL HARBOUR VILLAGE SUPPORTING
THE EFFORTS OF THE CHAMBERS OF COMMERCE AND
LEAGUE OF CITIES TO BRING ORGANIZED BASEBALL
TO METROPOLITAN DADE COUNTY, FLORIDA.
8. REPORTS AND RECOMMENDATIONS:
A. Mayor and Council:
Mayor Stern requested that the direction of Council
previously provided to the Village Clerk Selection Committee be
amended such that the Committee provide at least twelve (12)
resumes to Council for their consideration.
Mayor Stern also encouraged everyone to vote in favor of
Amendment 3 which would prevent the state from mandating
municipalities in certain matters.
B. Village Attorney:
Mr. Weiss reported that concerning the matter of Miami
Transit Systems, Inc. vs. Metro Mini -Bus, Inc. that as a
technicality, Bal Harbour has been named one of the defendants,
as have all municipalities in Dade County. He advised that he
has a conflict of interest inasmuch as his law firm is
representing another firm in a similar suit. Accordingly, he has
suggested that Council authorize the law firm of Dunn & Dresnick
to represent the Village in this matter. Councilman Boggess
offered a motion and same was seconded by Councilman Hirschl, to
retain the services of the law firm of Dunn & Dresnick to act on
behalf of Bal Harbour Village in this lawsuit at a fee not to
exceed $500. The motion carried unanimously, (3-0).
C. Village Manager:
1. A request has been received from the Hope Center
requesting approval to hold their loth annual Hope Center
Run/Walk in Bal Harbour and was approved by Council.
Additionally, a request has been received from the Miami Runners
Club to hold a 5K and 10K race through Bal Harbour on October
14th at 8 a.m. This request was also approved by Council.
2. Mrs. Morris advised Council that as our general
liability, automotive, law enforcement liability and public
officials liability insurance coverage was up for renewal, the
Village has received an alternative bid providing somewhat higher
coverages at a smaller premium from Cornelius, Johnson & Clark.
With the savings in premium, an additional $1 million in blanket
coverage can be purchased. She introduced to Council Mr. Brian
Cottrell, agent of Cornelius, Johnson & Clark. After brief
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discussion, this purchase was unanimously approved by Council.
3. Council was then advised by Mrs. Morris that two
nighttime public hearings are required in accordance with Florida
State Statute for consideration of two ordinances - one relative
to satellite dishes and one relating to permitted uses in the
ocean front district. After discussion, Council directed that
these meetings be held on October 16th and October 30th at 5:15
p.m.
4. Inasmuch as the budget has been approved and as was
conveyed to Council during the month of August, Mrs. Morris
requested of and received from Council authorization to proceed
with the purchase of five Ford Crown Victoria "Police Package"
Vehicles and one Kawasaki Police Motorcycle.
5. Pursuant to Council's direction at the Budget
Hearing on September llth, Village Landscape Architect William
O'Leary inspected the median islands on Collins Avenue for
uniformity of the tree and palm canopy. He proposed to Council
that some of the existing trees be relocated and/or removed and
replaced by sabal palm trees. In view of the fact that bids have
been received recently for ground cover landscaping of these
medians and to prevent possible problems caused by multiple
contractors working in the same area, Councilman Hirschl offered
a motion to proceed to re -bid this entire package as one project,
the funds of which should be expended from the Tourism Budget.
Councilman Boggess moved to amend this motion to reject all bids
previously received for this project and re -advertise for the
larger project. Said amended motion was seconded by Councilman
Hirschl, and the motion carried unanimously (3-0).
6. Following a recommendation by Mrs. Morris,
Councilman Hirschl offered a motion to increase the hourly rate
paid to Village Attorney Weiss to $135, and same was seconded by
Councilman Boggess. The motion carried unanimously (3-0).
9. Other Business: As a point of interest, Mrs. Morris
noted that a fireworks display would be held on October 6th
behind the Sheraton Bal Harbour, sponsored by the Greater Miami
Festivals organization, at no cost to the Village.
10. Adjourn. There being no further business to come
before the Council, a motion to adjourn was offered by Councilman
Hirschl and seconded by Councilman Boggess. This motion carried
unanimously (3-0) and the meeting adjourned at 11:20 a.m.
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September 18,1 1990 - Regular Meeting
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