HomeMy Public PortalAbout1982-11-09 MeetingCOUNCIL MINUTES
November 9, 1982
The Bal Harbour Village Council met at 9:30 A.M. Tuesday, November
9, 1982.
Present: Messrs. Beatty, Printup, Sherman and Taplin, Absent Miss Gray.
Also present were: Mrs. Florence Robbins, Esquire, representing Mr.
Alan Gold, Village Attorney; Mr. Fred Maley, Village Manager; and Miss Betty
Carver, Deputy Village Clerk.
On motion of Mr. Beatty, seconded by Mr. Sherman, and voted, the minutes
of the meeting of October 26, 1982, were approved as submitted.
Mr. Stanley Whitman of the Bal Harbour Shops and Mr. Joseph Rice, P.E.,
representing the Bal Harbour Shops, appeared to explain that they have
applied to the Florida Department of Transportation for the use of a portion
of the Collins Avenue right-of-way in front of the shopping center for
additional parking. An area of approximately 4,300 square feet would be
utilized for the parking of approximately 10 additional vehicles. The area
under consideration lies between the two Collins Avenue entrances to the
shopping center. The encroachment into the right-of-way would be approxi-
mately 14 feet. It was moved by Mr. Taplin, seconded by Mr. Beatty, and
unanimously voted that the Village would not object to this proposal, pro-
vided the use of the right-of-way was on not more than a year-to-year lease;
that sufficient right-of-way remain for the construction of a new sidewalk
and a bus bay to replace the one on shopping center property; and that the
additional parking afforded is not a part of the Center's minimum require-
ment for parking.
At the request of Mr. Maley, thrz Council authorized our consulting
engineers to prepare plans and specifications for a new sidewalk and a
bus bay in the remaining right-of-way. The cost should be approximately
$30,000 for the bus stop, $25,000 for sidewalks, plus landscaping.
Mr. Taplin, requested that in the future, a developer should pay
for any expenses in granting variances.
Mr. Maley stated that the delinquent Ivanhoe Hotel Resort Tax and
utility bill case had been settled. The operators of the hotel are de-
linquent in payment of their Resort Taxes for the first three months of
1981, and also owe the Village for water and sewer utilities for the same
period. The Settlement negotiated prior to trial is 10% penalty for
delinquent Resort Taxes due, plus 6% interest, for a total of $13,314.11.
The delinquent utility charges amount to $4,478.10. Payments are to be
made at the rate of $1,000 per month for a period of 18 months. If they
are defaulted, the Village has retained the right to go back to trial.
On motion of Mr. Beatty, seconded by Mr. Taplin, and voted, it was agreed
to accept these terms and conditions.
Mr. Charles B. Schildecker, Jr's proposal and background were pre-
sented to the Council for their consideration in engaging Mr. Schildecker
to make an external review of the turnover of personnel in the Village Police
Department. The cost of this review will be between $1400 and $2000, to
include a review of our standard operating procedures and manuals. On motion
of Mr. Sherman, seconded by Mr. Beatty and voted, Mr. Schildecker's proposal
was accepted, not to exceed $2,000.
November 9, 1982
Mr. Maley stated that a building permit had been applied for on be-
half of the Ba1 Harbour Club for th installation of a "tire stop" to be
located on South Harbour Way. Mr. Maley was instructed by Council that
no permit shall be issued for this installation until such time a "hold
harmless" is received from the Ba1 Harbour Club, absolving the Village
of any liability which may arise due to this installation.
Mr. Sherman stated that a a recent Florida League of Cities meet-
ing, representatives from the City of Daytona Beach Shores presented
their findings and the inequity with regard to the rebate of the additional
State 1% sales tax. The way the sales tax rebate is currently set up,
municipalities receive their share on a population basis, rather than
on assessed valuation of property or tax generation within the municipal
limits. In the case of Bal Harbour Village, the current estimated col-
lection, based on population, is $83,528. If we were reimbursed on an
assessed valuation basis or point of collection basis, the amount would
be approximately $229,700 more. There are 85 resort communities in the
State of Florida facing this same inequity, and which have additional
costs to support commercial activity. It was moved by Mr. Sherman,
seconded by Mr. Beatty, and voted, that a resolution be written so that
Bal Harbour can join in with the other 85 municipalities in protesting
this inequity of distribution.
On motion of Mr. Beatty, seconded by Mr. Taplin and voted, the
meeting was adjourned at 11:10 A.M.
Attest:
Village Clerk
Mayor
COUNCIL MINUTES
November 19, 1982
November 9, 1982
A special meeting of the Bal Harbour Village Council was held Friday,
November 19, 1982 at 3:30 P.M. in the Village Hall for the purpose of
discussing Judge Hoeveler's decision on the Great Lakes Dredge and Dock
Company suit.
Present: Messrs. Beatty, Printup, Sherman, Taplin and Miss Gray
Also present were Fred W. Maley, Village Manager, and Mary T. Wetterer,
Village Clerk.
Mr. Maley introduced Mr. Karl Hart and Ms. Barbara Vicevich, attorneys
for Bal Harbour.
Mr. Hart said he had asked the council to meet due to the fact that
if we are to take any action regarding the Judge's decision, the papers
November 19, 1982