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HomeMy Public PortalAbout1974-09-25 Special MeetingInasmuch as there was no one present in the audience, Mayor Printup announced that the second public hearing would be held on Saturday, September 280 1974 at 9:30 A.M. On motion of Mr. Villeneuve, seconded by Mr. Beatty, the meeting was adjourned at 5:15 P.M. ATTEST: Village Clerk September 24, 1974 Mayor September 25,1974 A Special Meeting of the Bal Harbour Council visa held on Wednesday, September 25, 19749 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 callad 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 a 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 against, 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. lie 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 Judge Proby, who we present representing the Ivanhoe Hotel, and who also represents the Balmoral, property, said that the Ivanhoe urges the Village to take the suit to the Supreme Court. This was also voiced by Mr. Logan, President of the Bal. Harbour Club. Mr. Looby and Mr. Margulies, owners of the Kenilworth, said that they believed the ordinance was fair and could not see why other builders would object. After further discussion, the Council agreed that no further action was needed on the matter, and the case would be appealed to the Supreme Court:. On motion of Mr. Taplin, seconded by Mr. Villeneuve, the meeting was adjourned at 10:10 A.M. Mayor ATTEST: Village Clerk September 25, 1974 September 28, 1974 The Council of Bal Harbour met Saturday, September 28, 1974 at 9:30 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. On motion of Mr. Villeneuve, seconded by Mr. Taplin and voted, the minutes of the meeting of July 27, 1974 were approved as submitted. Mr. Taplin suggested to the Council a deletion and addition for clarification in the minutes of September 13, 1974 and on motion of Mr. Beatty, seconded by Mr. Brush and unanimously voted the minutes were adopted as amended. On motion of Mir. Brush, seconded by Mr. Villeneuve and voted the minutes of the meeting of ,September 240 1974 were adopted. On motion of Mr. Villeneuve, seconded by Mr. Taplin and voted the minutes of the meeting of September 25, 1974 were adopted. The Mayor said that the proposed tats increase for the 1974 year would be considered. Mr. Maley explained the financial status of the Village at the end of the fiscal year and said that the millage could be set at 5.75 mills instead of the 6.00 mills proposed in the original budget estimate. As no one appeared to discuss this matter RESOLUTION N0. 229 setting the millage at 5.75 mills for 1974 was adopted on motion of Mr. Btuush, seconded by Mr. Taplin and voted.