HomeMy Public PortalAbout1978-10-31 MeetingCOUNCIL MINUTES
October 31, 1978
The Council of Bat Harbour Vi la-e met Tuesday, October 31, 1978
at 9:30 A. M. in '.he Village Hall.
Present: Messrs. Beatty, Davis, nrez and Pri.ntup
Absent: Mr. Taclin
Also pre, t nt were Fred W. Maley, Village M;ana;rer; Mary T. ';letterer,
Villa e Clerk; and Alan Gold, Villa;te attorney.
n motion of Mr. Beatty, seconded by Mr. Davis and voted the minutes of
September 26, 1978 and the Public Hearings of October 3rd and 17th, 1978
were approved as submitted.
Mr. Gold reported that in the City of Miami Beach water rate liti-
gation, the Courts have ruled that the rates must be reviewed by the
Metro Water and Sewer board and Judge Mein had enjoined Miami Beach from
rat:i.ng their own rates. They passed a rate ordinance anyway and there
will be a hearing Friday for the City of Miami Beach to appear and show
cause why they should not be held in contempt. In regard to the pressure
problems in Bal Harbour and Bay Harbor Islands, Mr. Gold was asked
to write to Miami Beach and ask for an answer as to whether they can
supply water at adequate pressure.
Mr. Gold told those resont that Ordinance No. 205 was not ready for
passage as the matters of clarifying mezzanines and traffic levels of
service have not been satisfactorily explained by the consultants.
He 130 stated that he ordinance had not been published by title after
the Public Hearings and to make certain, we would publish it. The council.
may ur,e the alternate meeting. date for November to pass the ordinance
after answers from Dr. Wallace, Mr. Smith, and Mr. Kober.
Mr. Maley said that the conditions still exist to justify further
extension of the moratorium on the Business Listrict and Resoulti.on No. 263
was read by Mr. Gold. On motion of Nr. Davis, seconded by Mr. Hrez and voted.
RPSOLUTION NO. 263
was passed extending the moratorium for 30 days. Mr. Paul, attorney for
Bal Harbour Shops, said that the Bal Harbour ;hops objects to the extension
of the moratorium as previously stated in the recori.
Discussion followed. on the need for more advice on the matter of
mezzanines and their use in the shopping center. Mr. Maley advised that
thr consultants have given us information which exceeded their contracts and
he believes they should be paid for this further information. It was moved
by Mr. Davis, seconded by Mr. Beatty and voted that up to $2,000 be expended
to complete the study on mezzanines. Mr. Gold said that if Mr. Glazer
attorney for he Protective Association and Mr. Paul wished to prepare
position papers on this matter he would pass them on to the consultants.
It was moved by Mr. Davis, seconded by Mr. Krez and voted that the next
meetin of the council would be at 9:30 A. M. on November lit, 1978.
ordinance No. 206, regarding landscaping in the Business District was
tabled on motion of Mr. Davis, seconded by Mr. Beatty and voters.
Mr. Maley reported that due to the Balmoral not paying their. 1977 taxes,
the Village might have to take out a tax anticipation note. Mr. Gold has
petitioned the court to join the Dade County suit against the Balmoral,
but Judge Ferguson has asked if Bal Harbour should be allowed to enter.
Mr. Gold said he would like to be appointed as sdecial counsel for Dade
County on the matter. It was moved by Mr. Davis, seconded by Mr. Krez
and voted that Mr. Gold be allowed to act as special counsel.
Mr. Maley said Mr. Hart has requested the council to allow him to
hire other consulting engineers to evaluate the work done on the beach re —
nourishment job by our own engineers in view of the Great Lakes Dredge suit.
It was moved by Mr. Davis, seconded by Mr. Krez and voted that Mr. Hart be
authorized to hire engineers to do a study of the plans and an ocean survey
at a cost of $7,750.
Aailications for renewal of their taxi permits were considered for
Morse Taxi and Baggage, Inc., 31 permits; and AAA Auto Leasing d/b/a
White Cab, 15 permits. On motion of Mr. Davis, seconded by Mr. Beatty
and voted the permits were granted.
n motion of Mr. Davis, seconded by Mr. Beatty and votdd the Americana
Hotel was granted permission to use the garage space for convention
purposes through May 6, 1979. On motion of Mr. Davis, seoonded by Mr. Beatty
and voted Mr. Dan Gifford, Manager of the Americana Hotel, was appointed
to fill the vacancy on the Resort Tax Advisory Committee.
The matter of granting CATV franchises in the Village was postponed
until more information could be gathered on the matter,
Mr. Maley said that although the council cannot speak for the resi—
dents on the issue of casino gambling he thought they should take an
indivual stand to let the rest of the State know that all of Dade County
is not for the issue. It was moved by Mr. Beatty, seconded by Mr. Davis
and voted that the council, as individuals, are opnbsed to casino gambling;.
Mr. Maley said he would like permission to have the landscape
architect who has done the preliminary plans for the fountain park noi;th
of the Sun Bank complete the plans to be ready to let bids. He said
the amount needed was .$8,120 which would include letting the bids and
supervision of construction. On motion of Mr. Davis, seconded by Mr. Beatty,
and voted, Messrs. Beatty, Davis and Printup voting "yes";Mr. Krez, "no",
Mr. Douglas "uth was authorized to complete the fountain plans.
Mr. Maley s.id n
council to alloy him
seconded by Mr. Krez,
On motion of Mr.
adjourned at 11:50 A.
Attest:
Village Clerk
ctober 31, 1978
is vehicia ha; 73,000 miles on t and asked the
to purchale o. new car. On motion of Mr. Do.vifi,
and voted, the peiniaPior, was granted.
Erez, seconded by Mr. Beatty, the meeting was
M.
Mayor
COUNCIL MINIJTES
November 14, 1978
The Council of Bal Harbour Village met Tuesday, November 14, 1978
at 9:30 A. M. in the Villa,-e Hall.
resent: Messrs. Beatty, Davis, Krez, Printup and Taplin
also present were Fred Maley, Village Manager; Mary Wetterer, Village
Clerk; and Alan Gold, Village Attorney.
Mr. Gold said he will read Ordinance No. 205 as presented at first
reading and then consider several questions that have been raised since
that time. Mr. Gold then read ordinance 205. He outlined the two proposed
amendments regarding Floor Area Ration and Traffic Requirements. He also
addressed the question of rebuilding non -conforming structures in case of
accidental destruction. Discussion followed on these items and on motion of
Mr. Davis, seconded by Mr. Taplin and voted an amendment to be known as
Section 4 covering the rebuilding of non -conforming structure was passed and
the subsequent sections of the ordinance renumbered. On motion of Mr. Taplin,
seconded by Mr. Davis ant voted, the definitions of Level of Service
governing traffic flow as it pertains to the Business District was in-
cluded in the ordinance. The last amendment to the ordinance covered
whether or not mezzanines were to be included in the Floor Area Ratio.