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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