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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