HomeMy Public PortalAbout1982-11-30 Meetingmust 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. j )
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Attest:
Village Clerk
Mayor
COUNCIL MINUTES
November 30, 1982
November19, 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, 3982 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
streets since the completion of the residential street resurfacing project.
Mr. Maley and Mr. Don Ditzenberger, Village Engineer, explained that work
had been done according to the specifications and that the existing curbs
and gutters will be pressure cleaned. Approximately twelve french drains
will be put into the grassy areas where some water remains after a rain
storm. Mr. Maley reviewed the work the Village had done to replace curbs and
storm drains and the paving work completed under contract. It was moved
by Mr. Sherman, seconded by Mr. Taplin and voted that the Village Manager,
Engineer and Mr. Welstead check the streets after the next rain to see what
has to be done to keep the water from remaining in some areas and report back
with an estimate of the cost of the work.
Mr. Maley said that the State Treasurer's office had requested four
amendments to our Pension Plan, to make it conform to their regulations for
police officer's retirement. He said two were acceptable to our actuaries
and two were not. Mrs. Florence Robbins, our attorney's assistant, who has
been working with the State Treasurer's office said that we have been given
another month to work out the details. An ordinance will be prepared for
the next meeting.
Mr. Maley said the storm drainage contract in the residential section
was completed just before the street repaving work began. Mr. Maley and
our engineers requested that the $21,872 withheld from the contras be paid.
They recommended that no liquidated damages be withheld, inasmuch as the
Village did not suffer any harm by the late completion of the work. How-
ever, we will deduct $3,200 from the final payment which will pay for the
replacing of some additional sod, sprinkler system repairs and other damage
caused by the contractor. It was moved by Mr. Beatty, seconded by Mr. Taplin
and voted that the liquidated damages be waived and final payment made with
the deduction for work which had to be redone by the Village.
It was moved by Mr. Beatty, seconded by Mr. Sherman and voted that the
December meeting be held on December 14, 1982.
Mr. Maley said that we have not had any word from Mr. Hart as to whether
or not Great Lakes Dredge and Dock Company has filed an appeal, but that Mr.
Hart did ask for a rehearing on liquidated damages as authorized by the
council, and will file For Tax Costs.
Mr. Maley reported that Dade County is making street signs for the
Village showing both the Collins Avenue and Bal Harbour Boulevard names for
State Road A1A within the Village.
The Mayor suggested that the entire council sign the letter to the
residents regarding the Employee's Christmas Fund.
On motion of Mr. Taplin, seconded by Miss Gray and voted the meeting
was adjourned at 11:00 A.M.
Mayor
Attest:
November 30, 1982