HomeMy Public PortalAbout1976-06-29 MeetingJune 2'4, 1976
The Council of Bat Harbour 'J.illace met Tuesday, .June 29, 1976
at 9:30 A.M. in the Village Hall.
Present: Messr,. Beatty, Davie, Logan, nrintup and Taplin
Also present were Fred W. Maley, Village Manager; Mary T.
Wetterer, Village Clerk; and Alan Gold, Village Attorney.
On motion of Mr. Beatty, seconded by Mr. Davis, and voted. the
minutes of the previous meetines of April 3f!th and May 25th, 1976 were
approved as submitted.
A public Hearing was held to ascertain whether or not a building
moratorium should be placed on the oceanfront properties cendino the
completion of the study for the firm of Angolos C. Demetriou. Mr. Maley
reviewee the status of the report. As there were no taxpayers present
who wished to speak on the matter,
RESOLUTION NO. 239
imeosing a building moratorium was read by tde Village Clerk and on
motion of Mr. Davis, seconded by Mr. Taplin and voted the Resolution was
adopted, establishing a moratorium for 180 days.
Mr. Sherman Winn of the, Balmoral Apartments appeared to request a
variance to build four additional cabanas, in the side set -back area south
of the building, to a height of 31 feet in lieu of the 22 foot maximum.
No objections were voiced by the Americana Hotel, the adjacent property
owner, due to plantings which had been agreed to by the Balmoral. It was
moved by Mr. Davis, seconded by Mr. Beatty, and voted that the variance
be granted.
ORDINANCE NO. 183
authorizing the incurring of indebtedness for Village Hall renovations was
presented for final reading and on motion of Mr. Davis, seconded by Mr.
Taplin, and voted the ordinance was adopted.
The Village Clerk reported that at the election held June 15,
1976 a total of 56 out of the 1399 registered voters had participated. The
results were certified by herself and five election clerks showing 50 votes
for; 5 votes against; and 1 absentee; vote voided.
Mr. Maley reported that due to the delay in awarding the: contract
for the Village Hall renovations, there were several price changes to the
subcontractors. Mr. Burt, the general contractor, explained the reasons
For tho changes, which brings the new total to S137,493.00. On motinn of
Mr. Davis, seconded by Mr. Taplin and voted the contract for the village
hall was accepted. Mr. Maley explained that to give the Police Department
working space that he had planned to rent a trailer to be placed in the
driveway during construction, at a cost of approximately BB0o.nn
June 29, 1976
ORDINANCE NO. 184
appointing the Council as Local Planning Agency was presented for final
reading. On motion of mr. Tanlin, seconded by Mr. Davis and voted the
ordinance was adopted.
mr. Gold reviewed the letter he had sent to the council regarding
the City of North Miami Beach's water innlant charge. Mr. Maley explained
to Mr. Whitman of Ba1 Harbour Shops that it would be impossiole for the
Village to comply with the conditions sugqested by Mr. morrisey of Dade
County which controls the use of water frnrn North Miami Beach, Therefore,
it will be necessary For Saks Fifth Avenue to either install booster numis
are originally planned, or pay the hook-up charge.
Mr. Maley told the council that Bel Harbour Shops was requesting
a building permit for the parking deck ramps at 96th street. Mr. Maley
said that Kimley Horn, Traffic Engineers advised that the ramps would be
usable under certain conditions, but these have not been met. Mr. Cold
explained that the indemnification Agreement sent to Bel Harbour Shop's
attorney Dan Paul had been revised and had been returned without Saks Fifth
Avenue being a party to it. It was moved by Mr. Logan, secnnded by Mr.
Davis and voted that the matter he tabled to allow Mr. Whitman to talk to
his attorney and that a Special mnetino be held on July 17, 1976.
The Council asked the Village Manager to request an itemized bill
from Shutts and Bowen before the $20,000.00 bill for City of Miami Beach
Water Rate Case is apnrnved.
(Ylr. Gold explained the Supreme Court of Florida had refused to
review the Miami Beach water case and that the City of Miami Beach has set
a hearing for July 7th to set new water rates. On motion of Mr. Davis,
seconded by Mr. Logan and voted, Mr. Gold was authorized to intervene in a
suit to stop Miami Beach from holding this meeting.
Mr. Maley told the Council that the Harbour House North has re-
quested $4,fOO.00 from Bal Harbour Village to replace the shuffleboard
courts removed during the beach project. He said that he had called two
companies who do this work and was quoted up to $1,850 for two courts. It
was moved be; Mr. Davis, seconded by Mr. Logan and voted that the Village
would reimburse the Harbour House up to $2,000.00.
The Mayor suggested that in order for the council to be properly
informed about matters to be taken up at the council meetings that a dead-
line be set for items to be placed on the agenda. After discussion with the
Village Manager and Village Clerk, it was moved by Mr. Davis, seconded by
Mr. Beatty and voted that any person who wishes an item placed on the agenda
must notify the Village Clerk or Manager on the Tuesday preceding the meeting.
It was the opinion ❑f the council that the contempt citation
against some of the councilmen steming from the Giblin case be eliminated
before the final payment is made to Shutts and Bowen for that matter.
Mr. Maley said that he had been in contact with the Federal Auditors
on the beach reimbursement and that the audit might be ready in about two
weeks.
Juno 29, 1976
The council discussed the possibility of construction jabs being
shut down for intermittent periods of up to 90 days as allowed by the South
Florida Building Code. Mr. Gild was asked to research the matter and deter-
mine if we could pass a more stringent, law.
There being no further business on motion of mr. Beatty, seconded
by Mr. Logan, the meeting was adjourned at 1l:4n A. r.
ATTEST:
J:
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Village Clerk
June 29, 1976
July 13, 197r
The Council of Bel Harbour Village met in special session,
Tuesday, July 13, 1976 at 10:00 A. M. to consider an application for a
building permit by Bal Harbour Shops to construct ramps for their parking
deck.
Present: Messrs. Beatty, Davis, Logan, Printup and Taplin
Also present were Fred W. Maley, Village Manager; Mary T. Wetterer,
Village Clerk; and Alan Gold, Village Attorney.
Mr. Stanley Whitman reviewed the status of the parking lot
entrances, including reports from various governmental agencies, and
traffic studies on ingress and egress along 96th street to the Bat Harbour
Shops and to Bal Bay Drive.
Mr. Logan questioned the Indemnification Agreement nut being
signed by Saks Fifth Avenue as well as Bel Harbour Shops. Mr. Paul, attorney
for Bal Harbour Shops, said that Bal Harbour Shops is the landlord and is
responsible for parking, and that the Kimley-Horn report says that the ramps
can he used without relocating the entrance.
Mr. Cold said that under the terms of the motion at the May meet-
ing, Saks Fifth Avenue should have joined in the Agreement, but that Mr.
)aul told him this was not possible. However, it is understood that a
Certificate of Occupanpy would not be issued until all the conditions set
forth on December 18th were met. He suggested that the Bal Harbour Shops
could post a bond against a suit by Saks Fifth Avenue if the council
wished.
July 13, 1976