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HomeMy Public PortalAbout1974-09-13 Special MeetingRESOLUTION No. 227 adopting the Tourism Department Budget was passed on motion of Mr. Taplin,seconded by Mr. Villeneuve and voted. Mr. Maley told the Council. that the Polution Control Board is going to allow an increase of up to 10°4 on sewage flow for the Miami Beach outfall and that as soon as we have official word the Council should rescind their action to allow septic tanks in the residential section, and the package treatment plant approved for Lot It Block 8A. The Council was informed of the new Financial Disclosure Act for officials, which will require no action until next Spring. After discussioq by general consent, Mr. Maley was authorized to sell the police dog which has not been effective. Mr. Maley told the Council that he had received a letter from Bay Harbor Islands in which they wished to investigate bringing water from Miami via the Broad Causeway. The Council agreed that we would be interested in such a proposal. On motion of Mr. Villeneuve, seconded by Mr. Taplin and voted, the meeting was adjourned at 12:15 P.M. ` { Mayor'._ ATTEST: Village Clerk July 27, 1974 September 13, 1974 The Council of Bal Harbour Village met in special session on Friday, September 13, 1974 at 9:00 A.M. in the Village Hall. Present: Messrs. Beatty, Brush, Printup, Taplin and Villeneuve Also present were Fred W. Maley, Village Manager; Mary T. Wetterer, Village Clerk; and Thomas H. Anderson, Village Attorney, Mr. Anderson told the Council that the Court of Appeals had confirmed the lower court's decision against the Village on the suit brought by Mrs.Giblin to force issuance of a building permit on Lot 11 of the Oceanfront District, and that they felt sure that the Court of Appeals would not rehear the case. Mr. Anderson said that he had a letter from Mr. Sibley in which he stated that his clients would release the Council from all liability if the permit is issued. Mr. Maley explained that the building submitted for permit does not conform to the front set -back requirements, height restriction, lot coverages, floor area ratio, parking and landscaping requirements. After discussion it was moved by Mr. Taplin, seconded by Mr. Beatty and unanimously voted that a conference be attempted between Mr. Anderson, Mr. Sibley, Mr. Maley and Mr. Kovens to see if a compromise could be worked out as to the front setback, parking and land- scaping as required under our new zoning ordinance and, failing an agreement, the Council would meet again to consider taking the matter to the Supreme Court. Mr. George Whittaker informed the members of the status of the beach nourishment project and said that the dredging is only about one- quarter com- pleted instead of eighty percent according to the construction schedule. He outlined some of the problems the contractor has been facing and said they had conferences with the dredging company. Mr. von Oesen has informed them they would be expected to complete the job as contracted. Mr. Whittaker also pre- sented a Change Order for the interceptor pipe„ brought about by the new erosion control line which allows upland owners to build within fifty -five feet of the line. In some places this would place the interceptor pipe back of the bulkhead if there were new construction. On motion of Mr. Taplin, seconded by Mr. Villeneuve and voted, the Council authorized the Change Order in the amount of $45,459.53. Mr. Maley said he had been notified that the City of Miami Beach had passed an emergency ordinance which states that the city will not sell water to outside customers without a written contract and that he feels we should have a contract based on a cost basis. Mr. Anderson said that Mr. Maley could meet with the City of Miami Beach officials but that it should be stated that all discussion will be without prejudice to our present rate case. Mr. Maley said that the Department of Transportation has requested a resolution from the Council authorizing the Mayor and Village Clerk to sign all documents between the Village and the Department and that the form used by the Department of Transportation was being sent to the Village. It was moved by Mr. Beatty, seconded by Mr. Taplin and unanimously voted that the Mayor and Village Clerk be authorized to sign for the Vilage on all matters pertaining to the Department of Transportation. Mr. Maley said that the laws are not clear as to when a building permit must be picked up after the contractor is notified that it is ready to be issued. Mr.. Anderson suggested that the Village Manager prepare an ordinance incorporating his thoughts on the matter for his consideration. There being no further business, on motion of Mr. Villeneuve, seconded by Mr. Brush, the meeting was recessed until Wednesday, September 18, 1974. The Council reconvened the Special Meeting of September 13, 1974 at 9:30 A.M. September 19, 1974 in the Village Hall, inasmuch as the Council had been previously informed that a decision had not been made by Mr. Lapidus' office in time for the meeting on Wednesday. Present: Messrs. Beatty, Brush, Printup, Taplin and Villeneuve Also present were Fred W. Maley, Village Manager; Mary T. Wetterer, Village Clerk and Thomas H. Anderson, Village Attorney. Mr. Maley reported that an architect from Mr. Lapidus' office had come to see him to hear our proposals regarding the proposed building on Lot 11 of the Oceanfront District. He said that on further study of the plans it was determined that the greater part of the parking would be under cover with only 33 4xposed spaces and none of these would be in the front of the building. Their landscaping would essentially comply with our requirements. Mr. Lapidus' office had repl.ted on Wednesfty that they would not move the building back the requested twonty -five feet as it would conflict with the pool area in the rear. Mr. Anderson was asked his opinion on the legal aspects of the matter in view of the fact that Mr. Lapidus and Mr. Kovens would not agree to the Council's compromise offer. Mr. Andersor, told. the Council that they were meeting at a legally called and held meeting and discussing a public matter, however, the Council has a right to discuss with him in private regarding the legal action concerning the above matter and thereafter counselled the Council in private. The Council then reopened the public meeting and Mr. Anderson Informed them that his office was filing a petition for a rehearing in the Appeals Court, and reviewed for them sequence of events in the court hearings thus far. After further discussion it was moved by Mr. Beatty, seconded by Mr. Taplin, that if the Petition for Rehearing in the Court of Appeals is denied that Mr. Anderson be authorized to proceed with filing the case in the Supreme Court. of Florida. The motion passed with Messrs Beatty, Taplin and Villeneuve, voting "yes "; Messrs. Brush and Printup, "no ". On motion of Mr. Villeneuve, seconded by Mr. Beatty and voted, the meeting was adjourned at 10:45 A.M. \ \\ Mayor ATTEST: Village Clerk September 13, 1974 September. 24, 1974 A Public Hearing was held by the Council at 5:00 P.M., Tuesday, September 24, 1974 for the purpose of hearing any objections to the proposed tax assessment increase over the Dade County Assessor's Certified Millage. Present: Messrs. Beatty, Brush, Printup, Taplin and Villeneuve Also present were Fred W. Maley, Village Manager; and Mary T, Wetterer Village Clerk. The Village Clerk informed the Council that an Ad noting the time and place for the hearing had been placed in the Miami Daily News according to the requirements of Chapter 74 -234. The Village Manager explained to the Council the present financial condition of the Village and the possible millage needed for the 1974 -75 budget.