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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