HomeMy Public PortalAbout1977-09-27 Meeting:: '..)()
September. 77, 1977
The Council of Bal Harbour Village met Tuesday, September 27, 1977 at 9:30 A.M.
in the. Village Hall.
Present: Messrs. Beatty, Davis, Krez, Printup and Taplin
Also present were Fred W. Maley, Village Manager; Mary T. Wetterer, Village
Clerk; and Alan Gold, Village Attorney.
On motion of Mr. Taplin, seconded by Mr. Krez, and voted the minutes of the
previous meeting of August 30, 1977 were approved as submitted.
Mr. !)ai•is said he would recommend that the Mayor instruct the Village Manager
and the Village Attorney to survey the report: on the Business District rezoning and
pick the items that will fit and benefit the new code for the District and return this
for the October meeting. It was moved by Mr. Davis, seconded by Mr. Beatty and voted
that the item be tabled until the October meeting.
Mr. Maley reported that the Contempt citation would be .lifted in the Giblin
case if the village agreed to take no action now or in the future on the building
permit. Mr, Gold cautioned the council that they could not take any action in
perpetuity which is in conflict with their legal obligations. It was suggested
that Mr. Gold contact Mr. Anderson on this case and then proceed as he sees fit.
Mr. Gold said he had researched the Federal Pension Act of 1974 and found that
local governments are exempted from the Act. Mr. Maley said he had asked our insurance
agent to inquire if we could have the exclusion removed from our Public Liability
policy covering fiduciary responsibility for our retirement plan.
On motion of Mr. Davis, seconded by Mr. Beatty, and voted a variance to place
two signs on the Church By The Sea property was granted.
Mr. Gold reviewed the last meeting with the Miami Dade Water and Sewer Authority
regarding installation of a new water line to serve Bal Harbour and Bay Harbor Islands.
He said that the City of Miami Beach had presented a Resolution to the Board opposing
the proposed contract claiming that it would a breech of the contract between Miami.
Beach and the Authority and that they would suffer certain loss and detriment due to
the bonded indebtedness they have. The Authority is willing to grant the agreement
if Bay Harbor and Bal Harbour indemnify them for loss of revenue. Mr. Gold said that
he and Mr. Horwitz, attorney for Bay Harbor agree that if Miami Beach does not have a
serious offer on supplying us with water that we should file in the Courts for a
Declaratory Judgement asking that the Court advise if the Authority selling us water
would breech the contract with Miami Beach. It was moved by Mr. Davis, seconded by
Mr. Beatty and voted that Mr. Gold be authorized to proceed with the legal aspects as
outlined.
Mr. Maley reported that we have written to Angelo Demetriou and Associates for
their opinion on outside lighting of buildings.
Mr. Taplin said he wished to discuss the issue of naming the engineers on the
beach project as co-defendants in the Great Lakes lawsuit. After discussion it was
moved by Mr. Taplin that Mr. Gold should contact Mr. Karl Hart who has been handling
this case and explain that the council would like more information on this matter and
ask him to appear at the next meeting. The motion was seconded by Mr. Beatty and
unanimously voted.
It was moved by Mr.. Beatty, seconded by Mr. Davis and voted that on the
recommendation of Mr. Eicher and Mr. Whitman that Mr. Larry Cliff be appointed to
the Resort Tax Advisory Committee due to the death of Mr. Chobel.
It was moved by Mr. Davis, seconded by Mr. Beatty and voted that Mr, Maley
contact Mr. Albert Weyersberger to see if he would be willing to serve as the
taxpayer's representative for the Police Officer's Retirement Fund due to the
death of Mr. Beckham.
RESOLUTION NO. 252
was read by the Village Clerk. On motion of Mr. Davis, seconded by Mr. Beatty,
and voted the 1977 millage for Bal Harbour was set at 6.40 mills.
Mr. Maley explained the new hospitalization policy now being written by the
Equitable Life Assurance Society of the United States. He said that due to the
increase in rates that the maternity benefits had to be omitted and that he would
like to recommend that the village reimburse employees carrying family coverage
up to $800.00 for maternity benefits which would normally be paid under the
insurance contract, It was moved by Mr. Davis, seconded by Mr. Taplin, and voted
that the Manager's recommendation be accepted.
Change Order ill under the P.N.M. contract to construct a 4" P.V.C. water
line 660' through the seawall at the north end access to the beach in the amount
of S14,324.09 was approved on motion of Mr. Davis, seconded by Mr. Taplin, and
voted.
RESOLUTION NO. 253
applying to the State of Florida for 41,900.00 representing fifty percent of the
cost of the comprehensive planning study was read by Mr. Maley. The resolution
was adpoted on motion of Mr. Davis, seconded by Mr. Taplin and voted.
On motion of Mr. Davis, seconded by Mr, Taplin and voted Mr. Joseph Rice
was awarded a contract to prepare a Comprehensive Plan for Ba1 Harbour.
At the request of Chief Staubesand and Mr. Maley, on
seconded by Mr. Davis and voted the Police Department was
competitive bids on Chevrolets for Police cars in lieu of
offered on the county bid list.
The council received their salaries of $1.00 for the
It was moved. by Mr. Davis, seconded by Mr. Xrez and voted
be drawn to change the salaries of the council to $100.00
per regular meeting in accordance with the Charter.
motion of Mr. Taplin,
authorized to take
purchasing the car
fiscal year ending.
that an ordinance
and the Mayor $150,00
0n motion of Mr. Davis, seconded by Mr. Beatty and voted the funds were
authorized to be transferred between departments to balance the 1976-77 budget.
Mr. Maley reported that the test landscape plots on the oceanfront will
be put in during December.
Mr. Taplin said that he believed the County is not cleaning the beach as
well as they could. Mr. Maley said he would contact Mr. Tolland of Dade County
and have him meet with Mr. Taplin about this problem.
0n motion of Mr. Krez, seconded by Mr. Taplin, the meeting was adjourned
at 11:30 a.m.
Mayor
Attest:
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September 27, 1977