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HomeMy Public PortalAbout1960-12-17 Meeting89 COUNCIL MINUTES December 17, 1960 The Council of Bal Harbour Village met at 9:30 A.M., Saturday, December 17, 1960 at the Village Hall. All the members of the Council were present. Also present were W. H. Webb, Village Manager; Mary T. Wetterer, Village Clerk and Thomas H. Anderson, Village Attorney. Upon motion of Mr. Broeman, seconded by Mr. Faulkner, the minutes of the previous meeting of November 26, 1960 were approved as submitted. The Mayor asked the Village Clerk if the amending ordinance regarding police identification cards had been completed, whereupon Mr. Anderson read Ordinance No. 81 extending the limit on identifi— cation cards from a one year period to three years with the provision that after three years the holder must be re —fingerprinted. The ordinance also changes the cost of such identification card from fifty cents (50C) per year to one dollar ($1.00) for three years. After discussion Mr. White moved to adopt. ORDINANCE NO. 81 AN ORDINANCE AMENDING ORDINANCE NO. 8 OF BAL HARBOUR VILLAGE. Mr. Rroeman seconded the motion and it was unanimously passed. The Council then considered Resolution No. 77 which was pre— pared by Mr. Anderson for presentation to the Board of County Com— missioners requesting one years exemption in accord with the Metro Charter provision allowing Bal Harbour Village to assess and collect its taxes for 1961. The Mayor asked Mr. Vvebb for an explanation and he advised that many of the cities were making such requests. It is being done because there is a feeling among many of the city officials that there will be some confusion when Metro implements their new assessing and collecting procedures and it will be a hardship for Rai Harbour Village if our collections to be rebated from Metro take several months. After discussion upon motion by Mr. Broeman and a second by Mr. Faulkner it was unanimously voted to present Resolution No. 77 to the County Commissioners. The next order of business was a request by Mr. Irving Feldman, one of the owners of the Carlton Terrace Apartments, for a change in their 1960 real estate assessment. Mr. Webb explained to the Council that the former County Assessor had made an arbitrary increase in the December 17, 1960 90 real estate value of the Carlton Terrace for the 1960 roll. Mr. Feldman has complained to the new County Assessor, Mr. Tom O'Connor, who concurs with Mr. Feldman that there was no evidence in his files to substantiate such an increase this year. The County Assessor has agreed to notify Mr. Webb when an adjustment is made on the County records. After being notified by the County Assessor of this cor— rection Mr. Webb will notify the Village Council that a correction is in order for our 1960 tax roll. He explained, however, that to make such an adjustment in the form of a rebate would upset our ap— propriation this year for tax discounts and abatements inasmuch as the correction will amount to $1,212.80. Mr. Feldman said he was willing to have an adjustment made on our 1961 tax roll giving him credit in this amount. After further discussion Mr. Broeman moved to "Instruct the Tax assessor of the Village in making up the next years assessment to give the property owner a reduction in the amount of the assessment commensurate with the reduction given by the County." It was seconded by Mr. White and passed unanimously. Mr. Webb was instructed to write Mr. Feldman and explain the action taken at the Council Meeting which is dependent upon final word from the County Assessor's office in this regard. Mayor Hart requested an explanation of why Ordinance No. 82 amending our zoning ordinance was being presented at this time. Whereupon Mr. Webb explained that he and Miss Wetterer had made a thorough search of our ordinances and have failed to find a provision requiring all telephone and power lines to be run underground from the various easements in Bal Harbour Village. He explained that this has been a deed restriction on all deeds issued in Bal Harbour but for some unknown reason failed to become a part of our zoning or— dinance when Judge Southerland prepared this document in 1948. Mr. Anderson explained upon question by Mr. Broeman that the adoption of this ordinance could be made retroactive if the Council saw fit. Mr. Webb explained that everyone to date in Bal Harbour has complied, with the exception of the Whitman properties, and, inasmuch as their overhead is on a temporary basis it would have no particular bearing. Thereupon Mr. Faulkner moved the adoption of Ordinance No. 82 entitled: ORDINANCE NO. 82 AN ORDINANCE AMENDING ORDINANCE NO. 11 OF BAL HARBOUR VILLAGE. Mr. Naddeo, Operations Manager of the Americana Hotel, appeared before the Council and requested the channe of occupancy of the garage to an exhibition area from January 8th to 13th, 1961. Mr. Broeman moved that the request be granted provided all fire regulations were complied with. The motion was seconded by Mr. Faulkner and unan— imously passed by the Council. December 17, 1960 91 Mayor Hart asked the Manager if he had any special comments to make at this time. Mr. Webb explained that in proceeding with our plans for a proposed pumping station to handle storm drainage in the critical area of the Harbour Way parks it will be necessary for the Council to ask the Bal Harbour Club Board of Governors for an ad— ditional easement in Tract "E" to take care of construction of a pumping station. He explained that we now have a 5' easement through this tract which is not large enough for our contemplated pumping station. Mr. Webb also explained that it will be necessary to ask the Bal Harbour Club Board of Governors for a 10' easement off of Tract "A" on the ocean front. Said tract being that property where their beach club is located. He explained that we have a water main that runs through Tract "A" and is typical on all of the ocean front lots as deeds in that part of Bal Harbour reserves a 10' easement for utilities and he has found that the club property does not contain such an easement although the water main was constructed before the club acquired the property. It was an error on the part of the at— torney who prepared the deed for Tract "A" and it will be necessary at this time to also request the Board of Governors to give this 10' easement to the Village. Mr. Beatty suggested that he and Mr. Webb present this request to the Board at their next meeting. It was mutually agreed that they proceed and report back to the Council at a later meeting. The Village Clerk presented an application for five U—Drive—It cars by Merlin —Miami Inc. at the Sea View Hotel. She explained that this application is usually late due to the fact that the hotel does not open until December. Upon motion of Mr. Broeman, seconded by Mr. Beatty, it was agreed to approve said application. The next order of business was the consideration of a letter written by Mr. Taplin requesting information relative to the fur— nishing of an access road to their proposed apartment building on Tract "E" of the Ocean Front Addition to Bal Harbour. Mr. Webb ex— plained that Collins Avenue as it exists was never extended far enough north to give proper ingress and egress to the owners of Tract E. The owners have advised that the Federal Housing Ad— ministration will require a letter from the Village Council stating that the road will be extended to tie in with the proposed building program. After considerable discussion Mr. Broeman moved that Mr. Anderson be authorized to prepare a letter stating "The Council recognized the need for the street and will take whatever action is justified for putting the street in providing that proper cir— cumstances exist." The motion was seconded by Mr. Faulkner and unanimously approved. At this point in the meeting Mr. Broeman asked the Mayor for a discussion involving the agreement between Bal Harbour Village and the Kenilworth properties concerning the set back violation con— tained in said agreement. Mr. Broeman pointed out that in his opinion December 17, 1960 92 the corporations that entered into the agreement with Bal Harbour Village no longer exist and that the present owning corporation may be in error in operating contrary to said agreement. After con— siderable discussion it was decided that Mr. Webb should confer with Mr. Edwin Kirkeby and his principals and report back to the Council at its next meeting. Mayor Hart explained to the Council that he and Mr. Webb had recently attended a meeting with the County Engineers in the Department of Public Works for an explanation of the conditions that exist with regard to our filling operation at the North end. Mr. Broeman suggested that Mr. Webb write a letter to the Mayor and Council explaining what has transpired and what conditions now exist with respect to our erosion project. There being no further business before the Council on motion of Mr. Faulkner, seconded by Mr. Beatty, the meeting adjourned. ATTEST: Village Clerk December 17, 1960 COUNCIL MINUTES January 28, 1961 The Council of Ba1 Harbour Village met at 9:30 A.M. at the Village Ha11 on January 28, 1961. Those present were Messrs. Broeman, Faulkner and White. Absent: Mayor Hart and Mr. Beatty. Also present were W. H. Webb, Village Manager; niary T. Wetterer, Village Clerk and Thomas Anderson, Village Attorney.