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
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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
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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.