HomeMy Public PortalAbout1982-11-19 Special MeetingMr. Maley stated that a building permit had been applied for on be-
half of the Bal 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 Bal 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
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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
must be filed on Monday, November 22, 1982. Mr. Hart explained at length
that he would like the council's recommendations and guidance on whether to
file a Petition for Rehearing regarding one aspect of the ruling that we
disagree with and whether to file a Motion for Tax Costs. This would allow
us to recover direct expenses, not legal fees, amounting up to $200,000.
He said he believes the Court erred in barring our recovery of liquidated
damages. The cost of filing for liquidated damage review would be about
$1,500. Mr. Hart feels that Great Lakes will file for a rehearing and
will probably appeal the case. If no appeals are filed, the Village will
pay Great Lakes the $141,000 retainer which was offered them at the end
of the job, plus 6% interest. Mr. Hart reviewed for the council the actions
of Great Lakes before and during the length of the lawsuit, explaining
Great Lakes claim and the refusal of the Corps of Engineers and other
agencies to accept it. It was Mr. Hart's recommendation that the Village
file for a rehearing on liquidated damages and direct expenses, which
would not cost over $3,000. It was moved by Mr. Taplin, seconded by Miss
Gray and voted that as long as the Judge had ruled in our favor Mr. Hart
be authorized to do what ever necessary to try to recover Tax Costs and
liquidated damages at a cost not to exceed $3,000.00.
On motion of Mr. Beatty, seconded by Mr. Sherman, and voted the
meeting was adjourned at 4:55 P.M. !/}.
Pi a
Mayor
Attest:
Village Clerk
November19, 1982
COUNCIL MINUTES
November 30, 1982
The Council of Bal Harbour Village met Tuesday, November 30, 1982
at 9:30 A. M. in the Village Hall.
Present: Messrs. Beatty, Printup, Sherman, Taplin and Miss Gray
Also present were Fred W. Maley, Village Manager; Mary T. Wetterer,
Village Clerk; and Alan S. Gold, Village Attorney.
On motion of Mr. Beatty, seconded by Miss Gray and voted the minutes
of November 9 and November 19, 1982 were approved as submitted.
Mr. Gold reported that inasmuch as Ordinance No. 248, establishing a
voluntary, supplemental, Compensation plan for village employees had been
read in full at the October 26, J982 meeting it would be read by title at
this meeting. The Village Clerk read
Ordinance No. 248
by Title. On motion of Miss Gray, seconded by Mr. Beatty, and voted the
ordinance was adopted.
Mr. John Bruno appeared to complain about the looks of the curbs and
November 30, 1982