HomeMy Public PortalAbout1990-10-30 Special Meeting50
COUNCIL MINUTES
SPECIAL MEETING - OCTOBER 30, 1990
A Special Meeting of the Bal Harbour Village Council was held
on Tuesday, October 30, 1990 at the Bal Harbour Village Hall
Council Chambers. The meeting was called to order at 5:15 p.m. by
Mayor Estelle Stern and the roll was called. Those present were:
Mayor Estelle Stern
Asst. Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew Hirschl
Councilman Sol M. Taplin
Also present: Richard J. Weiss, Village Attorney
Carole S. Morris, Village Manager
As a quorum was determined to be present the meeting
commenced.
2. Ordinances - Second Reading/Public Hearing: An ordinance
regulating the installation of satellite dish antennas in the
Village was presented for second reading. Mrs. Morris read the
ordinance by title. Mayor Stern opened, and as no one desired to
speak, closed a public hearing on the ordinance. A motion to enact
the ordinance on second reading was offered by Mr. Boggess and
seconded by Mr. Blank. The motion carried unanimously (4-0) with
Dr. Hirschl abstaining.)
ORDINANCE NO. 354
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA
REGULATING SATELLITE DISH ANTENNAS; REPEALING
ORDINANCE NO. 326; REQUIRING A PERMIT;
REQUIRING COMPLIANCE WITH REGULATIONS;
REQUIRING THAT PLANS AND SPECIFICATIONS BE
SUBMITTED WITH THE APPLICATION FOR THE PERMIT;
PROVIDING REQUIREMENTS FOR THE PLANS AND
SPECIFICATIONS; PROVIDING FOR A SET OF
STANDARDS REGULATING THE LOCATIONS, HEIGHT,
WIDTH, SETBACK, COLOR, LANDSCAPING, AND GROUND
COVERAGE; PROVIDING FOR INSPECTION;
PROVIDING AN APPLICATION FEE; PROHIBITING
SIGNAGE ATTACHED TO ANTENNAS; PROVIDING FOR A
MECHANISM TO REQUIRES VARIANCE FROM THE TERMS
OF THIS ORDINANCE; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING A GRANDFATHER PROVISION;
PROVIDING FOR SEVERABILITY; INCLUSION IN THE
CODE; AND AN EFFECTIVE DATE.
1Dr. Hirschl abstained from the vote and completed a Form 4 -
Memoranda of Voting Conflict - which is attached hereto as a part
of the record.
tsC C± ICj�4 r
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME -FIRST NAME -MIDDLE NAME
MAILING 1 7 `DR1SA.` PA— ,
CITY Lort, 1+A-Ribo4C N
DATE ON WHICH VOTE OCCURRED
:Lt' ►C l (ifo
Dt4NTYL
0
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
pat. KS/ 0ii‘ I(AM 2— Codi/C4LAti.tr.
THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
C CITY CI COUNTY 0 OTHER LOCAL AGENCY ❑ STATE
NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
fj4C lbt, da< 4MM1Si/o vJ
WHO MUST FILE FORM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided
into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting; and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
1, the undersigned local public officer, hereby disclose that on a'T IL 19 ?a
•
(a) I absta'ned from voting on a matter which (check one):
inured to my special private gain; or
inured to the special gain of by whom I am retained.
CE FORM 4- REV. I0-84 PAGE 1
(b) The measure on which I abstained and the nature of my interest in the measure is as follows:
TL
k,L v o r't- " l r.wtd'}ine!'i.w.eat n IA 3 e.-111 1c- Oi I j cAbe-. 244- 17 I d-c••L p
4+71 a 1- ...nu.. wLc- L ��t+a a11. • _ ,4 Yst4ikt l�e.c .Wj2 .t4 - tzdacl
t.)) ie
Date Filed Signature
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes (Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on 19
(a) I voted on a matter which (check one):
inured to my special private gain; or
inured to the special gain of by whom 1 am retained.
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
Date Filed
Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT.
DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 35.000.
CE FORM 4- REV. 10-84
PAGE
51
An ordinance was presented for second reading which would
permit medical and dental offices in the ocean front district. The
ordinance was read by title by Mrs. Morris. Mayor Stern opened,
and as no one desired to speak, closed a public hearing on this
ordinance. A motion to enact the ordinance was offered by Mr.
Blank and seconded by Mr. Hirschl. The motion carried unanimously
(5-0) .
ORDINANCE NO. 355
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING
APPENDIX A, SECTION 6-9 OF THE BAL HARBOUR
VILLAGE CODE; PERMITTING MEDICAL AND DENTAL
OFFICES, INCLUDING SERVICES IN SUCH OFFICES
RELATED TO MEDICAL OR DENTAL CARE PERFORMED
UNDER THE SUPERVISION OF MEDICAL DOCTORS OR
DENTISTS, IN THE OCEAN FRONT DISTRICT;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE, AND AN EFFECTIVE DATE.
3. Ordinances - First Reading: An ordinance was read, by
title, by Mrs. Morris which would provide for the adoption of
required concurrency regulations for the Village. Mayor Stern
opened, and as no one desired to speak, closed the public hearing
on this ordinance. Dr. Tom Kelsey (Craig A. Smith & Associates)
explained that the purpose of this ordinance is to take the goals
outlined in our Comprehensive Master Land Use Plan and enact
ordinances which would comply with these goals. Mr. Taplin
questioned the portion of the ordinance relative to ocean front
access. It was explained that this only requires that existing
access points be maintained. Moreover, it acknowledges that
certain incentives may be offered to developers for construction of
additional access points. A motion to approve the ordinance was
offered by Mr. Boggess and seconded by Mr. Hirschl. The motion
carried unanimously (5-0).
ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA,
AMENDING THE VILLAGE CODE BY ADDING APPENDIX
D, ADDITIONAL LAND DEVELOPMENT REGULATIONS;
ADOPTING BY REFERENCE CHAPTER 28, SUBDIVISIONS
OF THE METROPOLITAN DADE COUNTY, FLORIDA TO
PROVIDE FOR SUBDIVISION AND PLATTING
REGULATIONS; ADOPTING BY REFERENCE SECTION
24-12.1, PROTECTION OF PUBLIC POTABLE WATER
SUPPLY WELLS, OF CHAPTER 24, ENVIRONMENTAL
PROTECTION, OF THE CODE OF METROPOLITAN DADE
COUNTY, FLORIDA TO PROVIDE FOR PROTECTION OF
POTABLE WATER WELLFIELDS; ADOPTING BY
REFERENCE CHAPTER 11C, DEVELOPMENT WITHIN
FLOODPLAIN HAZARD DISTRICTS, OF THE CODE OF
METROPOLITAN DADE COUNTY, FLORIDA TO PROVIDE
FOR REGULATION OF FLOODPLAIN AREAS; ADOPTING
BY REFERENCE SECTION D4, WATER CONTROL, OF
Special Council Mtg. - 10/30/90 2
52
PART 2 - PUBLIC WORKS MANUAL OF METROPOLITAN
DADE COUNTY TO PROVIDE FOR DRAINAGE AND
STORMWATER MANAGEMENT; ADOPTING BY REFERENCE
CHAPTER 33D, BISCAYNE BAY MANAGEMENT, OF THE
CODE OF METROPOLITAN DADE COUNTY, FLORIDA TO
PROVIDE FOR PROTECTION OF ENVIRONMENTALLY
SENSITIVE LANDS; PROVIDING FOR A SYSTEM FOR
THE MANAGEMENT OF CONCURRENCY; PROVIDING FOR
A SYSTEM FOR THE MANAGEMENT OF CONCURRENCY;
PROVIDING FOR THE TERM "XERISCAPE"; PROVIDING
FOR XERISCAPE LANDSCAPING PRACTICES;
PROVIDING FOR TREE PRESERVATION AND
PROTECTION; PROVIDING FOR PROTECTION OF SEA
TURTLES DURING NESTING SEASON AND DURING BEACH
RENOURISHMENT; PROVIDING FOR REGULATIONS FOR
MARINAS AND MULTI -SLIP DOCKING FACILITIES;
PROVIDING FOR REGULATIONS FOR BEACH AREAS AND
AREAS SEAWARD OF THE COASTAL CONSTRUCTION
CONTROL LINE; AND PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Mr. Boggess noted that a consequence of this ordinance would
be that owners of lots in the residential district would be unable
to obtain building permits because of the problem involving level
of service for storm drains. Dr. Kelsey indicated that there might
be some exceptions to this and agreed to research this matter prior
to second reading of the ordinance.
4. Other Business: Briefly Mrs. Morris and Mr. Weiss
recapped the current circumstances involving "Over 50 Productions".
The Resort Tax Committee approved an arrangement whereby this firm
prepared a video presentation involving our community for airing on
the Travel news Network. Fifty percent of the total cost was paid
in advance . We were extremely disappointed with the quality of
this video and requested that they not air the film. Moreover, we
have refused to remit the balance. Mr. Weiss suggested a couple of
alternatives. Mr. Boggess suggested that this circumstance
emphasizes the need for Council to more carefully monitor Resort
Tax Committee activities. It was agreed that Mr. Weiss should
attempt to settle this dispute.
5. Next Meeting Date: Mayor Stern announced that second
reading of the concurrency ordinance would be Tuesday, November 13,
1990 at 5:15 p.m. in the Council Chambers.
6. Adiourn: here being no further business to come before
the Council a motion to adjourn the meeting was offered by Mr.
Taplin and seconded by Mr. Hirschl. The meeting adjourned at 6:25
p.m.
3
53
Mayor
ATTEST:
�Ici, q. r ` r 4.1
Village Clerk
Special Council Mtg. - 10/30/90 4