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ORDINANCE NO. 126
and on unanimous vote the ordinance was adopted.
The Village Clerk than read Resolution No. 159, setting forth
the wording of the Charter Amendment to be considered. On motion
of Mr. Hart, seconded by Mr. Printup and unanimously voted
RESOLUTION NO. 159
was adopted.
Mr. Hart said that due to the attorney's absence he was not
exactly sure how this would be done, but that he wished to convey the
Council's good faith in setting up an Authority to administer the
funds which would be derived from the Resort Tax, if levied. He
said the Authority would consist of three members. Two representa-
tives from the Hotel District #1 and one representating the apart-
ment owners in District #2 who would administer and expend the
funds collected under the Charter Amendment considered in Resolu-
tion No. 159. On motion of Mr. Hart, seconded by Mr. Taplin, and
unanimously voted the Village Attorney was to be instructed to
draw up the Ordinance creating this Authority. Mr. Webb suggested
that this Ordinance be prepared for passage at a meeting to be held
the second Saturday in December at which the hotel and apartment
representatives would be present.
There being no further business on motion of Mr. Hart,
seconded by Mr. Printup, the meeting was adjourned.
Attest:
Village Clerk
/0 /a -
Mayor
October 28, 1967
The Council of Bal harbour Village met Saturday, October 28,
1967 at 9:30 A. M. in the Village Hall.
A11 the members of the Council were present.
Present were W. H. Webb, Village Manager; Mary T. Wetterer,
Village Clerk; Dulany J. Dupuy, Chief of Police; and Thomas H.
Anderson, Village Attorney.
The meeting was conducted by Assistant Mayor Printup.
On motion of Mr. Beatty, seconded by Mr. Hart and unanimously
voted the minutes of the previous meeting of September 30, 1967 were
approved as submitted.
October 28, 1967
3 7
Mr. Stanley F. Whitman of Bal Harbour Shops requested per-
mission to erect a fifty foot Christmas tree in the Right -of -Way
on IIarding Avenue south of the main entrance to the Center adjacent
to the State Right -of -Way. He told the Council that he would have
proper liability on the installation. On motion of Mr. Hart,
seconded by Mr. Beatty and unanimously voted the permission was
granted for the tree to be in place from November 19, 1967 through
January 2, 1968.
Chief Dupuy speaking for the Village Manager presented to
the Council the application of AAA Auto Leasing, Inc., d/b/a
White Cab Company for twenty-six taxi permits. He explained
that thisapplication had been presented during the filing period
and that the present taxi permit holders namely; Morse Taxi
and Baggage Transfer, Inc; North Beach Yellow Cab; and Surf
Cab had not filed for permits before the October 15th deadline
as required under Ordinance 68. Mr. Beatty suggested that in-
asmuch as these firms had been doing business in Bal Harbour
for many years the Council might overlook the late filing date
and moved that the filing time be waived. The motion was second-
ed by Mr. Hart and unanimously voted. Chief Dupuy called to
the Council's attention that the companies now operating were
not maintaining enough cabs to service the hotels for heavy
check-out periods. Mr. Phillip Schiff, attorney for the Morse,
Surf and Yellow Cabs told the Council that as late as October
1st Mr. McKenna and Mr. Segal had come to see Mr. Webb and Chief
Dupuy and got the impression that the service was satisfactory.
He said it was normal to reduce the number of cabs over the
slack season. Mr. John McKenna then spoke as one of the owners
of the taxi companies and said that they had taken steps to
overcome the objections mentioned at their last meeting, but that
no one maintains a full compliment of taxis year round. Mr.
Hart asked him how many taxis he had and he said "over 400".
He asked how many in Bal Harbour" Mr. McKenna said "46".
Mr. hart then
Mr. Hart also
all under the
which was not
to decide the
explained that we need more cabs for conventions.
explained that since the three companies were now
same ownership it constituted a monopoly here
a good situation and that the Council would like
best ratio for division of permits to get the
necessary coverage. Mr. McKenna said that necessary coverage
was available by opening the hotel doors to other companies when
more cabs were needed. Mr. Webb said that the office has had
complaints from hotel doors regarding lack of service. Mr.
Taplin stated that he did not make any calls before this meeting,
but he has in the past and most hotel doormen said the service
was adequate. Mr. Hart said that the question is in what ratio
the permits will be given out as we will not allow a monopoly.
Mr. Beatty asked if we have a breakdown in permits if the
companies will have to buy the hotel doors. Mr. Frank Clancy,
speaking for the White Cab Company said that his company did
not intend to buy any doors or pay anyone for the privilege
of operating here. He just wanted the opportunity to serve
the Village on a regular basis and not just be called on short
notice for convention check-outs. McKenna said that if they
didn't buy hotel doors, the hotels will operate their own. Mr.
White asked Mr. McKenna if he didn't know when conventions were
here and when they were leaving. Mr. McKenna said that they
never knew until the doormen called. Mr. Schiff said that he
felt the Council were thinking in an area that should have been
October 28, 1967
3onb
8
taken care of during the periods when the service was not adequate.
That they are now talking about revocation or suspension of permits.
When they issued the new Certificate of Public Convenience and
Necessity it indicated that new permits were needed. Mr. Printup
read some letters regarding the Council's consideration of a new
cab company. Mr. Taplin said that in March these same people
thought the service was fine. Mr. Schiff suggested that if the
letters were to be taken into account, they should be given time
to get letters in rebuttal. Mr. Hart said a Certificate of Public
Convenience and Necessity had been granted on the assumption that
we wanted another cab company operating in the Village. He then
moved that the forty-six taxi permits be granted as follows: Ten
permits to White Cab and Thirty-six to Morse, Surf and Yellow.
The motion was seconded by Mr. Beatty and unanimously voted. Mr.
Beatty said he would like to add that he did not like monopolies
or the companies bidding for doors.
Mr. Sam Levine of the S & J Transportation Company said he
was here in March and now wants to be given consideration. He
said that he will go to court to force consideration. Mr. Kahn,
attorney for S & J said he had filed a suit which had been dismissed
due to the new State Law Limiting the number of taxi permits which
could be issued. He reminded the Council that the Ordinance states
that a complete investigation should be made of S & J Transporta-
tion. Mr. Anderson then briefly reviewed the details of the suit
and explained that the matter had been heard and the Complaint
was now mute due to the State Law and the Complaint had been dis-
missed. He said this meeting was for issuing permits based on
former Certificates granted. Mr. Kahn said the meeting in March
was to issue additional permits. Now they are taking action to
take away some permits and give to another. He asked again for
the results of the investigation of his client. Mr. Hart said
at the March meeting the Council acted on the Manager's recommend-
ations under our form of government to grant a Certificate to
White Cab.
The Village Clerk read Ordinance No. 128, amending Ordinance
No. 11, setting up Lots 1 and 2 Block 1 as a parking lot under
Use District No. 6. On motion of Mr. Beatty, seconded by Mr.
Hart, and unanimously voted
ORDINANCE NO. 128
was adopted.
Ordinance No. 129, providing for the rate for parking was
then read by the Village Clerk. On motion of Mr. Hart, seconded
by Mr. Taplin, and unanimously voted
ORDINANCE NO. 129
was adopted.
Mr. Webb said he had a letter from the Miami Builders'
Exchange asking that Bal }Iarpour pass an ordinance setting up
fees for the issuance of the Notice of Commencement to be issued
by our Building Department as provided for under State Law 67-185.
October 28, 1967
39 4
The Council agreed that $1.00 would be a fair charge and Mr.
Anderson would draw up an Ordinance covering this.
The Village Clerk read a schedule of conventions for
which the Americana Hotel wished to use the garage area for
display space from January through July 1968. On motion of
Mr. White, seconded by Mr. Taplin, the request was granted.
Mr. Taplin asked Mr. Anderson his opinion on whether the
Resort Tax could be used for Beach Nourishment purposes. Mr.
Anderson said that the law is so broad that anything could
be read into it, and that Mr. Nadeau was correct in his
assumption that this would promote tourism.
Mr. Webb said that when he started to negotiate with
the Subaqueous Engineering and Construction Company from Ft.
Lauderdale about the survey to see if sand was available in
the ocean for nourishment that their terms were so indefinite
that he didn't pursue the matter any further. He had con-
tacted another company who were just as vague. However, he
is working now with a third company trying to get some
information.
Mr. Webb told the Council that he had word that Governor
Kirk was going to ask him to serve on some Commission, but
that he didn't know on what subject. He asked the Council
if he could accept if the nomination was offered. It was
the Council's opinion that he should accept as long as it
did not interfere with Village duties or cost the Village
any money.
The Village Manager said that he had a note from Mrs.
Robert C. Graham thanking for the floral piece sent to Mr.
Graham's services. He suggested that they might want to
pass a Resolution in memory of Mr. Graham, the founder of
Bal Harbour. The Council then instructed the Village
Attorney to draw a suitable Resolution.
On motion of Mr. White, seconded by Mr. Hart and unan-
imously voted, the meeting was adjourned.
Attest:
„VA_P_ <)--get-'
Village Clerk
October 28, 1967