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.