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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 September 18, 1990 - Regular Meeting 1 36 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 September 18, 1990 - Regular Meeting 2 37 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 3 38 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. September 18, 1990 - Regular Meeting 4 39 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. September 18, 1990 - Regular Meeting 5 40 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 September 18, 1990 - Regular Meeting 6 41 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 September 18, 1990 - Regular Meeting 7 42 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. Ma or 22 , or � ttest: September 18,1 1990 - Regular Meeting 8