HomeMy Public PortalAbout1957-06-22 Meeting220
Mr. Beatty moved that the Town Council go on record as being
opposed to the Home Rule Charter as now written, seconded by Mr. Hart,
the motion was unanimously carried.
Mayor Brown requested a report regarding Mr. Zurwelle's Groin
Plan, and Mr. Webb stated that Mr. Anderson had been asked to draw an
Ordinance when he received Mr. Zurwelle's plan. Mr. Anderson informed
the Council that he had only received the plan a day or two ago and
hadn't had time to draw an Ordinance.
Mayor Brown said at this time he would like to praise Mr.
Beatty for the very excellent job he has done as Mayor in the past two
years, and presented him with a gavel inscribed with his name and the
years he served as Mayor.
There being no further business on the agenda, on motion of
Mr. Beatty, seconded by Mr. Hart, the meeting was adjourned.
Attest:
Village Clerk
JUNE 224._1957
Mayor
The Bal Harbour Village Council met on Saturday, June 22,
1957 at 9:30 A. M. in the Village Hall.
All the members of the Council were present.
Also present were W. H. Webb, Village Manager; Thomas H.
Anderson, Village Attorney; and Mary T. Wetterer, Village Clerk.
Upon motion by Mr. Beatty, seconded by Mr. Hart, the minutes
of the May 20, 1957 meeting were accepted unanimously.
Mayor Brown asked Mr. Webb to read to the Council Ordinance
No. 55 which adopts an overall groyne plan for the oceanfront. After
reading said ordinance Mr. Webb explained to the Council that this plan
is a scientific approach to the groyne problem. Mr. Webb stated fur—
ther that the Government was in favor of having an overall plan and it
is something that we must have. Mayor Brown remarked that this plan
to control the location of the groynes was for the benefit of all the
people. Thereupon, on motion of Mr. Beatty, seconded by Mr. Graham,
Ordinance No. 55, entitled:
AN ORDINANCE ADOPTING A PLAN FOR THE FUTURE CON—
STRUCTION OF GROINS; PROVIDING FOR THE HEIGHT,
LENGTH AND MECHANICAL OPERATION OF SAID GROINS;
AND DESCRIBING THE REQUIREMENTS FOR PERMITS.
was unanimously adopted.
_JTUNE 22.1. 1957
221
Mayor Brown asked Mr. Anderson to explain the status of the
local legislation we expected to have passed to amend our Charter.
Mr. Anderson stated that the bills, including the bill which was de—
signed to give the Village the power to arrest the shifting of future
sand on the beach, were not acted upon inasmuch as the members of the
Dade County Delegation would not pass any local legislation in the
last session of the Legislature; and now the Village Council will have
to amend the Charter, which will call for a vote by the people. The
Council will have to adopt an ordinance for each bill and present it
to the people for a vote, this to be done not less than 60 days or over
120 days from the date of the adoption of the ordinances. Mr. Anderson
commented that they are all desirable amendments and should be ready
for adoption at the next meeting. The Council thereby authorized Mr.
Anderson to proceed with ordinances for the adoption of the Charter
amendments needed.
Mr. Webb informed the Council that as per the Council's instruc—
tions he had written a letter to Robin Enterprises regarding the non—
conforming building, constructed for the use of the leasing corporation
handling the leases on the Carlton Terrace, which Robin Enterprises
requested be left as a construction office. Mr. Webb read said letter
to the Council, in which he set up December 1, 1957 as a deadline,
after which time the building must be removed. Mr. Webb also stated
that Robin Enterprises had signed this letter accepting the conditions.
Mayor Brown suggested that the letter be tabled until December 1, 1957.
Mayor Brown asked Mr. Webb to make a report regarding the
access road to Tract E. Mr. Webb stated that. the Village must con—
struct an access road into this property but suggested that no action
be taken until it was apparent that the building project would pro—
gress. Mayor Brown stated that this item would be tabled until a
later date.
Mayor Brown asked the Council what their feelings were with
regard to building docks at the water tank site. Mr. Graham said he
believed it would be a great asset to the business district if the
people had some means to come in by water. Mr. Broeman stated that
we have no place for the hotels to dock their boats and if the Vill—
age could make money on this plan it is the duty of the Council to do
this for the taxpayers. Mr. Webb suggested that they could put a dock
along the seawall and another at a right angle to the bridge. He stated
that the length of the docks extending into Indian Creek would be de—
cided by the Government engineers. Mr. Broeman suggested that it could
be an in —and —out deal for visiting yachts, and the charge could be high
enough so that they would not stay too long. He also suggested that
the Village could make a time limit. Mr. Broeman further suggested that
the Council should get the general feeling of the hotel people on this
situation. Mayor Brown asked Mr. Broeman to cooperate with Mr. Webb
on an overall sketch and prices to construct the docks and asked that
Mr. Webb make up a tentative set of rules for the operation of the docks,
and submit their findings at the next Council meeting. Mayor Brown fur—
ther requested that Mr. Webb call the hotels and get their feelings on
this plan. Mr. Broeman remarked that the fuel companies put in docks
in many cases just for the concession of selling fuel, which would be
taken on by these visiting yachts.
Mr. Webb stated that some work would have to be done on Collins
JUNE 22s_1`l57
9
Avenue to the storm sewers as the original catch basins were put in
25 years ago and when the Florida Power & Light Company, last summer,
were putting their distribution lines underground they discovered the
old pipe was in bad condition. Mayor Brown instructed Mr. Webb to
get three estimates for the next meeting to do this work,
Mr. Webb informed the Council that he had checked into the
investment of contigency funds and distributed copies to the Council
of a report he had prepared on said funds. Mr. Webb stated that this
year he put $50,000 in a 180—day Time Deposit and he has done this in
other years, but the funds we want to invest now are surplus funds we
have picked up over a period of years. Mx, Anderson stated that a
Contingency Fund is a surplus Fund and the only legitimate Fund a
town is permitted to have by Law. Mr. Beatty moved and it was seconded
by Mr. Hart and unanimously carried that the Mayor in conjunction with
the Village Manager review the Contigency Fund and the Surplus Funds
for investment with the maximum interest and flexibility.
Mayor Brown asked Mr. Webb to report on the landscape plans
for Harbour Way. Mr. Webb stated that he has Mr. Clark working on a
plan and the City of Miami Beach will also give him some unit costs
on some of the work they are doing on Alton Road. Mayor Brown tabled
this item for the present time.
At the request of Mayor Brown, Mr. Webb reported that an
apartment over the pump house was discussed as a pcssible future home
for the superintendent and his family, and that he has gotten a rough
estimate of $6,722.00 from Harry Toiton & Son. Mr. Webb said that
the building is 24' x 20' and could possibly be designed to have an
overhang. Mayor Brown asked Mr. Beatty to review this with Mr. Webb
and submit a sketch to see if they can make a livable place for five
people over the pump house.
Mayor Brown informed the Council that the next item cn the
agenda was the appointment of the Village Manager and on motion of
Mr. Hart, seconded by Mr. Beatty and unanimously voted Willard H. Webb
was reappointed Village Manager.
The appointment of the Village Clerk was the next order of
business and on motion of Mr. Broeman, seconded by Mr. hart it was
unanimously voted that Mary T. Wetterer he reappointed as Village
Clerk.
Mr. Webb then recommended the following appointments which,
on motion of Mr. Graham, seconded by Mr. Hart, were unanimously ap—
proved. Police and Fire Chief, Gerard F. Parkes; Village Attorney,
Thomas H. Anderson; Village Judge, Tom J. Lummus; Village Engineers,
2urwelle—Whittaker, Inc.
On motion made by Mr. Beatty, seconded by Mr. Graham the
Council agreed that the Council would continue to serve as the Village
Planning Board.
A Resolution from the Community National Bank covering signa—
tures on the bank account was submitted and upon motion of Mr. Beatty,
seconded by Mr. Hart, Mr. Webb and Mayor Brown were authorized to sign
the Village checks.
JUNE 22j_1957
4 e)
Mr. Webb read the following Resolutions to the Council and
upon motion of Mr. Hart, seconded by Mr. Graham they were passed
unanimously. Resolution No. 45 for Mr. Beatty as retiring Mayor}.
Resolution No. 46 for Mr. Collins as retiring Councilman; and Reso—
lution No. 47 for Mr. Landis as retiring Councilman; copies of these
to be sent to the respective councilmen.
Mayor Brown at this time presented the Church By The Sea peti—
tion for a zoning variance on their side setback lines and asked Mr.
Jefferson Ford for his comments. Mr. Ford stated that he had a set of
plans designed by Alfred Parker, the architect, which he would leave
with the Council. He explained that the Church is trying to supply
sufficient Sunday School rooms for the new children coming in. The
rooms as shown on the plan are confined to 12' x 15' and if they were
granted a variance of 4' on the west side the rooms could be 12' x 19'
which would give them the wall space for blackboards, and other illus—
trations could be better viewed. Mr. Ford stated that the memoership
is around 850 now and this proposed addition will probably be the final
addition to the Church. They would appreciate the Council viewing this
plan in the light that they will have more than 1000 members in the
next few years. Mayor Brown said he wanted to explain the Council's
position to Mr. Ford. (1) There is a variance involved and there has
never been a variance allowed in Bal Harbour; (2) The Village Council
sits as a Planning Board; and (3) Miami Peach Heights originally set
the restrictions and had the right to pass on plans. Mayor Brown asked
Mr. Anderson for his opinion in the matter. Mr. Anderson stated that
the Village Council could grant a variance from the Zoning Ordinance
if they wish and.let the Church take their chances with the subdivider
for their approval. Mayor Brown remarked that this property is in the
Business Section and would only affect. the Business Area. Mr. Anderson
stated that this is a matter of a contract between the subdivider and
the lot owners in this particular subdivision. Mr. Webb was instructed
by the Council to contact each property owner in the Business Section
and determine their feelings in this regard. Mayor Brown recommended
to the Council that they take this under advisement and contact the
Church at a later date.
The Budget for the 1957-58 fiscal yeas was submitted to the
Council by the Village Manager for study before the July meeting.
Mr. Webb informed the Council that there were three uncollected
items on the 1956 Tax Roll, due to the concessions leaving the Village
and Area i4 which was purchased by the Village after the Roll had been
written. He asked that these items be cancelled and charged to the Tax
Discount Account as follows: Bal. Harbour Village, $99.00; Sea View Gift
Shop, $5.50; Parisian Jewels, $13.75; Ivanhoe Solarium, $.55. On motion
of Mr. Beatty, seconded by Mr. Hart the items were cancelled.
Mayor Brown read a letter from the City of Coral Gables re—
garding the adoption of Daylight Saving Time, to begin next year, by
each municipality in Dade County. Mayor Brown suggested that this
letter be acknowledged with a recommendation that this question be sub—
mitted to each municipality by ballot, with the adoption in Dade County
dependiny on the majority rule.
Mr. Webb read a letter from the Southeastern Fire Underwriters
with regard to a new classification of the Village for Fire Insurance
rates in their recent survey. It was the decision of the Council that
JUNE _21957
224
this letter be tabled, inasmuch as the additional equipment required to
improve the classification would not reduce the fire rate to any great
extent.
A veiba.l request from Mr. Harmon Swart was explained to the
Council by Mr. Webb, in which Mr. Swart requested that the sea grape
trees be removed from the Village park across the street from his home,
inasmuch as the trees were shedding leaves constantly and littering his
lawn. The Council agreed that if Mr, Swart desires to introduce a peti—
tion in his immediate neighborhood to the effect that the trees be re—
moved and with the understanding that no replacement be made in this
park, and it is acceptable to all his neighbors, Mr. Swart's request will
be honored.
Mr. Webb stated that he had received a letter from Mr. Bowen,
Town Manager of Surfside, requesting scheduled joint meetings of the
Councils of Ba1 Harbour, Bay Harbor Islands and Surfside which he read
to the Council. The Council requested Mr. Webb to write Mr. Bowen and
recommend that the Town Manager and Mayor or one Councilman of the res—
pective towns meet occasionally to discuss their common problems.
Mr. Webb reported to the Council that the Community Hospital of
North Dade had requested assistance from the people i❑ the various muni—
cipalities. Mayor Brown suggested that Mr. Webb mention this problem in
the next "News Letter" to the taxpayers.
Mayor Brown asked Mr. William Mitchell if he would present his
problem to the Council regarding the school syste. Mr. Mitchell inquired
of the Council if there een e ressibility of getting the Ba1 Harbour
school district changed to allow these children to attend the new North
Miami High School, inasmuch as it would be much nearer than the Miami
Beach High School. After discussion Mayor Brown requested that Mr.
Anderson check into the matter, and instructed Mr. Webb if a petition
would be required one could be gotten up.
Mayor Brown stated that Mr. Hart had requested a change in the
meeting date for July and thereby set Monday, July 22nd at 9:00 A. M.
for the July Council Meeting, which was agreeable to the Council.
Mr. Hart requested the Council's consideration of the use of the
Village Hall driveway as a thruway. The taxpayers, etc. are using this
as a public highway which is creating a hazardous condition, and he sug—
gested that it possibly be closed off with a chain. After discussi<;r,
Mayor Brown instructed Mr. Webb to close off the driveway with a chain
and if people persisted in going thru said driveway to fine them.
Mayor Brown read a note to the Council from Mrs. David Graham
thanking the Council for the flowers received during her recent confine—
ment.
On motion of Mr. Broeman, seconded by Mr. Hart the meeting
was ad iourned.
Attest:
Mayor
Village Clerk
JUNE 22. 1957