HomeMy Public PortalAbout1965-01-30 Meeting196
COUNCIL MINUTES
JANUARY 30, 1965
The Council of Bat Harbour Village met at 9:30 A. M.
Saturday, January 30, 1965 1n the Village Hall.
Present: Messrs: Beatty, Faulkner, Hart, Sanders and White.
Also present were W. H. Webb, Village Manager: Mary T.
Wetterer, Village Clerk; and Thomas H. Anderson, Village Attorney.
On motion of Mr. Hart, seconded by Mr. Sanders and unani-
mously voted, the minutes of the previous meeting of December
12, 1964 Were approved as submitted.
Mr. Anderson read
ORDINANCE NO. 112
Amending Ordinance No. 11
to designate Tract "E" of the Residential Section of Bal Harbour
and 'Tract "A" of the Ocean Front Section of Bay Harbor for club
use only. Mr. Hart moved to adopt Ordinance No. 112 amending
our Zoning Ordinance. Motion seconded by Mr. Sanders and unan-
imously voted.
A discussion then followed on the Metro take-over of cer-
tain municipal functions. Mr. Beatty stated he had attended
several meetings regarding the proposed county wide occupation-
al license and advised that Metro is trying to work out some-
thing that would be equitable to the cities and the contractors.
Regarding the Metro Penal Code Ordinance, Mr. Beatty warned
that inasmuch as most city ordinances contain a penal clause
of some type, this would give Metro the complete power to
intervene in the administration of all Dade municipalities
and it was his feeling that Bal Harbour should oppose this
ordinance which, in his opinion, would abolish the cities right
to function independently. Mr. Webb advised that Metro had
requested three copies of all our ordinances and asked Mr.
Anderson if we should comply. Mr. Anderson advised not to
send the ordinances to Metro. After discussion, Mr. Beatty
moved to authorize the Village Attorney to use his discretion
to do whatever is necessary to press our position in opposing
the Metro Penal Code Ordinance. Mr. Hart seconded the motion
and it was unanimously voted.
Mr. R. M. Gil.strap,Miami Beach Manager for Southern Bell
Telephone Company was 1.ntroduced to the members of the Council.
He advised that the outcome of our franchise ordinance will
depend onthe court test with the Surfside ordinance. If
Southern Bell loses the case, they will accept our Ordinance
and start paying the franchise tax from the effective date of
our Ordinance.
January 30, 1965
197
Mr. Webb informed the Council that he has not as yet
compiled all the figures for the landscaping and parking area
north of the bank. This week he received a figure of $58.00
per peter, for the parking meters to be installed, and he would
present the total figures at the next meeting. He confirmed
that the Council had verbally approved a figure of $6,000 to
be expended and in this connection he stated the bank had in-
dicated he could'come to them for some financial help on the
landscaping. 'The Council members thought it desirable to
explore this possibility further.
Mr. Louis Brandt, owner of the Bal Harbour Regency Hotel,
appeared before the Council requesting permission to include
the word "Spa" on the Bal Harbour Regency Hotel sign. In this
connection he stated that being unable to use the word "Spa"
their business is suffering badly due to the fact that people
cannot find the location after having seen the advertisement
in many of the northgrn newspapers. The members appraised him
of the fact that he was aware of this stipulation when he opened
the hotel, as it was their feeling that a spa is a separate bus-
iness in itself and is removed from the hotel business as such.
It was mutually agreed that Mr. Webb write a'letterto Mr.
Anderson giving him the facts as to the type of operation and
he would check our ordinances and render his legal opinion on
this matter. Mr. Webb asked Mr. Brandt if the outcome of this
is in his favor, would he try to eliminate some of the words
in the name of the hotel as it is an exceptionally long name.
Mr. Brandt stated he would do so.
The three months audit was then presented to the members.
After perusal, Mr. Sanders made a motion to accept the three
months audit as presented. Mr. White seconded the',motion and
it was unanimously voted.'
The Village Manager advised that there are Water Deposits
and funds in our Trust Department account that have accumulated
in the equipment replapement fund and'requested authority to
place these funds in time deposits in the bank. The contingency
fund now amounts b $50,000 and with the -surplus accumulated last
year, he would like to step up this fund to $75,000, After
discussion, Mr. Sanders moved that the Village Manager proceed
as outlined and the $25,000 be placed in the contingency fund.
Motion seconded by Mr. White and unanimously voted.
Mayor'Faulkner stated he had been requested to appoint a
representative from Bal Harbour to the Welfare Planning Council
of Dade County and suggested Mrs. Faulkner, who is interested
in the problem of juvenile delinquency. Mr. Beatty moved to
appoint Mrs. Aleene Faulkner to the Welfare Planning Council
of Dade County. Mr. Hart seconded the motion and it was unan-
imously voted.
The Village Clerk notified the Council members that an
election would be held on April 6, 1965 and had placed the
election schedule in their Council folders. The Councilmen to
be elected are from Districts 1, 3 and 5, and the deadline for
petitions is 5:00 P. M. March 16, 1965.
January 30, 1965
198
Mr. Webb advised that the City of Miami Beach had amended
their taxi ordinance on January 6, 1965 in increasing the charge
from 10 cents for 1/3 mile to 10 cents for 1/4 mile and stated a
c6mmunication had been received by his office from Morse Taxi
requesting the same rate increase in Bal Harbour. Mr. Beatty
moved that Mr. Anderson prepare the necessary amending ordinance
and the Village Clerk be instructed to post the appropriate no-
tice on the front door of the Village Hall. Mr. Sanders second-
ed the motion and it was unanimously approved.
Mr. Charles Bogdahn, Manager of the Americana Hotel, appear-
ed requesting a transfer of the Americana Hotel liquor license
to the new leasing corporation and advised that all.the prin-
cipals remain the same. Mr. Beatty moved to approve the Americana
Hotel liquor license transfer. Motion seconded by Mr. Hart and
unanimously voted.
Mr. Webb informed the Council that the contractor working
on the Bal Harbour Shopping Center had indicated to him that due
to our noise ordinance prohibiting work being started before
9 A. M. he was compelled to pay his workers an extra hour
overtime daily. Upon checking, Mr. Webb was informed that
the City of Miami Beach has abrogated their noise ordinance
and, in view of this fact, felt it would be unwise to chance
the possibility of a suit on our noise ordinance. Mr. White
and Mr. Faulkner said there had been many complaints regard-
ing this project and the Council took no action on this
matter.
The Village Manager advised that he had corresponded with
Mr. Hoke Welch, Acting County Manager, relative to the County
supplying another beach nourishment in Bal Harbour as agreed
by former County Manager Irving G. McNayr in January, 1964
under the six year improvement plan. Mr. Welch had advised
that the County does not have any funds budgeted for beach
restoration work and felt it should be a cooperative project
with the Village. Mr. Beatty stated he believed another
approach with the new County Commissioners should be started
as many of these men are unaware of our trouble with beach
erosion. Mr. Beatty then moved that'Mr. Webb he authorized
to take'whatever steps he can to arrange for an informal
luncheon for the County Commissioners and Council members in
Bat Harbour to be followed by a formal presentation at the
regular Meeting of the Dade County Commissioners. Mr. White
seconded the motion and it was unanimously voted.
Mr. Hart then made a motion to adjourn. Motion second-
ed by Mr. White and unanimnntly approved.
ATTEST:
�...ri .�• Oa
Mayor
fl'llrfr'Ly
Village Clerk
January 30, 1965