HomeMy Public PortalAbout1974-09-24 Public HearingV. Y
it was determined that the greater part of the parking would be under cover
with only 33 4uposed 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 replied on Wednesday that they would not move the
building back the requested twenty -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. Anderson 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 distuss
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, letterer
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.
t y,
Inasmuch as there was no one present in the audience, Mayor Printup
announced that the second public bearing would be held on Saturday,
September 28, 1974 at 9:30 A.M.
On motion of Mr. Villeneuve, seconded by Mr. Beatty, the meeting was
adjourned at 5:15 P.N.
ATTEST:
•
Village Clerk
September 24, 1974
Mayor
September 25,1974
A Special Meeting of the Bal Harbour Council was held on Wednesday,
September 259 1974, at 9:00 A.M.
Present,: Messrs. Brush, Printup, Taplinand Villeneuve
Absent: Mr. Beatty
Also present were Fred W. Maley, Village Manager; Mary T. Wetterer,
Village Clerk; and Thomas Anderson, Village Attorney.
Mayor Printup said that this meeting had been called to discuss further
the action of the Council taken on September 19, 1974, regarding the suit to
compel issuance of a building permit on Lot 110 Ocean Front District.
Mr. Anderson explained to the Council and interested parties present
that last week the Council voted to authorize him to file n Writ of Certiorari
with the Supreme Court, if our Appeal for Rehearing is turned down in the
Third District Court of Appeals. After that meeting Mr. Villeneuve learned of
the Contempt Citation that had been filed againer the councilmen during his
absence from the Council and asked that another meeting be held to consider
the matter further. Mr. Anderson then reviewed the contempt proceedings and
said that their firm regards the order as void as it was entered after we had
filed in the Court of Appeals. 'he Mayor then asked the Village Clerk to read
a synopsis of all the events that had taken place leading to our present
situation. Mr. Maley described the building that had been applied for and
compared it to our present zoning restrictions. Mr. Anderson said that the
suit is now pending on the motion they had filed for rehearing. Mr. Taplin
inquired about the damage suit Mr. Sibley's client intimated she would file
and Mr. Anderson said it was his firm's opinion that the Council is not
liable for acts committed in legislative actions. Mr. Anderson said he
wanted the Council to understand that Mr. Sibley would try to enforce the
contempt citation for violation of Judge Gale's order. Mr. Simmons, who
had argued the case for the Village in the Court of Appeals, told the
Council that he concurs in all Mr. Anderson had told them and that they
still believe that the court did not apply the proper principles for this