HomeMy Public PortalAbout1963-11-30 Meeting158
COUNCIL MINUTES
NOVEMBER 30, 1963
The Council of Bal Harbour Village met at 9s30 A. M. on
Saturday, November 30, 1963 at the Village Hall.
Present: Messrs. Faulkner, Hart, Beatty and White.
Also present were W. H. Webb, Village Manager; Mary T.
Wetterer, Village Clerk; Thomas H. Anderson, Village Attorney.
Upon motion of Mr. Beatty, seconded by Mr. Hart, the minutes
of the previous meeting of October 26, 1963 were approved as submitted.
Mr. Webb informed the Council that the outstanding oceanfront
liens were due in full on December:2, 1963. Two have been paid and pre—
sumably more would be paid on the due date. Mr. Webb suggested that
the Village Attorney proceed with legal action against any unpaid lien
holders, if necessary, and requested permission to use the Village con—
tingency fund to pay any remaining unpaid liens in order to avoid com—
pounding the interest. Mr. Hart moved to instruct the Village Manager
to make payment out of the contingency fund on the unpaid liens and
instruct the Village Attorney to proceed against the properties that
were in default. Motion seconded by Mr. White and unanimously approved.
Mr. Sam Silver, Attorney and Mr. Sherman Winn, Manager appeared
before the Council on behalf of the Balmoral Hotel. Mr. Silver informed
the Council that the Balmoral Hotel had signed a one year lease agree—
ment with Gulf American Land Company in which they would use the hotel's
facilities consisting of a bulletin board, hospitality room serving
refreshments and the showing of films on the land development in Florida.
Prospective buyers are invited to visit the property with the hopes that
sales would ensue. In addition, they have rented a small office in the
hotel for company records and bookkeeping purposes. At the time the
lease agreement was signed, they were unaware that this type operation
was prohibited in Bal Harbour and upon applying for an .occupational
license, their application was denied. It is the opinion of Mr. Webb
that this type of operation, which is prohibited by ordinance, would only
lead to other types of business, such as real estate, etc. trying to open
up offices in the hotels. Mr. Webb further stated if it was only a tem—
porary operation he would have no objection, but he was definitely against
any long term commitment. Mr. Silver stated that if a variance could be
made in this case, as the lease had only about nine months to run, upon
termination of the nine month period, it would not be renewed. Mr.
Beatty then made a motion that the Gulf American Land Company be able to
proceed with their lease for approximately nine months more and that it
would be understood by all concerned that such a lease will not be set
up in the future. Motion seconded by Mr. Hart and unanimously approved.
Mr. Anderson then suggested that the Village Clerk make copies of the
part of the ordinance relating to the use of hotel facilities and forward
same to all hotels in Bal Harbour to avoid a recurrence of this matter.
Mr. Webb advised the Council that Metropolitan Dade County
has stopped issuing Chauffeur's licenses to taxicab operators thus
necessitating Bal Harbour to amend Ordinance No. 68 by deleting Par—
agraphs 8.06 and 8.07. Mr. Beatty moved to accept
November 30, 1963
159
ORDINANCE NO. 100
AMENDING TAXI CAB ORDINANCE
Motion seconded by Mr. Hart and unanimously approved.
Mr. Anderson then read a proposed ordinance to abolish No. 69
and limiting the size of trash in the disposal areas. The Village Manager
had advised that some of the accumulated trash is too large for the present
equipment to handle. Mr. Hart made a motion to accept
ORDINANCE NO. 101
AN ORDINANCE OF BAL HARBOUR VILLAGE,
FLORIDA ESTABLISHING TRASH AND YARD
TRIMMING DISPOSAL AREAS AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
Motion seconded by Mr. White and unanimously approved.
Mr. Webb informed the Council that many complaints have been
received regarding the pile driving at Harbour House South and stated
three pile drivers were now in operation and that on Monday next, five
pile drivers would be operating. He further stated that our noise ordinance
is the same as Miami Beach has had for many years and they have lost in
court.three times. Our ordinance calls for other type noises to be 200
feet from the adjoining building and the distance from the Carlton Terrace
Apartments to Harbour House South, at one point, is only 186 feet. Under
our present ordinance it would be unlawful for the building work to be
continued in that area after December 16th. Mr. Sanson of Harbour House
came forward and stated his contractor is making every effort to get the
required pile driving -in before December 16th and they willstill have a
problem as his building is, at one point, only 186 feet from the Carlton
Terrace lot. Mr. Webb pointed out work being done in that 14 feet area
would be a violation of Ordinance No. 13 and asked the Council for clar—
ification as to whether he should overlook this violation or amend our
ordinance. Mr. Anderson instructed the Council that an emergency has
been created by granting the building permit and should consider this
an application for a variance and grant a temporary one. Mr. Hart then
moved that on the application made by Mr. Sanson of Harbour House and on
the statements made by the Village Manager for the time required to com—
plete the building of Harbour House South that work could be done in
this 14 foot area. Motion seconded by Mr. Beatty and unanimously approved.
Mr. Webb than briefed the Council on the results of the luncheon
meeting with the County Commissioners at Harbour House on October 3rd. He
stated the meeting was successful and even Mr. McNayr commented himself
that whatever beach nourishment is required should be a County project and
paid for out of County funds. He further stated that Commissioner Spaet
requested Mr. Webb communicate with Morris Lipp who is considered an
authority on this matter and get him to give his opinion on the subject.
A letter is expected this week from Mr. Lipp and copies will be forwarded
to Mr. McNayr and the County Commissioners. Mr. Webb asked Mr. Anderson's
opinion as to whether he should appear before the County Commission and
Mr. Anderson suggested that the Village Manager ask Commissioner Hall to
introduce a resolution setting forth the Commission's decision to finance
the program on a County wide basis.
Mr. Webb read a letter from Mr. Eddie Herr, Chairman of the
November 30, 1963
160
International Tennis Association asking for a donation from Bal Harbour.
The Council voted to take no action.
Ordinance No. 99 on Belling of Cats was then discussed with
Mr. Webb stating his opinion that Section 4 be repealed. Mr. Anderson
was then authorized to amend Ordinance No. 99 and present same at the
next meeting.
Mr. Webb informed the Council of a letter received from the
Town of Surfside asking Bal Harbour Village to take action against the
proposed sewer outfall to be constructed above 163rd Street. It was
the general consensus of all that inasmuch as this is a County project,
Bal Harbour Village could not take any action.
Another letter was presented by the Village Manager from the
Town of Surfside asking Bal Harbour Village to join with them and Bay
Harbor Islands in a joint venture to distribute brochures at the New
York World's Fair next year. It was the unanimous opinion that this
was unnecessary inasmuch as Bal Harbour Village does not need advertising
of this type.
Mr. Webb advised of a resolution forwarded by Mr. Frank Correl
and passed by the City of Miami several months ago in which the City of
Miami would license all business' domiciled in their City and all mun-
icipalities would then grant reciprocity to the person licensed. This
would eliminate a good percentage of our Occupation License revenue and
the Council voted no action.
The Village Manager informed the Council of a letter re-
ceived from Tobin & Rose, 420 Lincoln Road, Miami Beach requesting
they be allowed to bid on all Village insurance. It was unanimously
agreed that this firm be allowed to bid next year inasmuch as the
insurance has been set for this fiscal year.
There being no
adjourn, seconded by Mr. Hart and unanimously approved.
ATTEST:
Village Clerk
November 30, 1963
Myor
further business, Mr. White made a motion to