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HomeMy Public PortalAbout1992-12-03 Special MeetingCOUNCIL MINUTES SPECIAL MEETING - DECEMBER 3. 1992 The special meeting of the Hal Harbour Village Council was held on Thursday. December 3, 1992 in the Council Chamber of Bat Harbour Village Hall. The meeting was called to order at 5:30 p.m. by Assistant Mayor Hirschl. The roll was called and those present. were: Also present: Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Carole S. Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney .Absent: Mayor Estelle Stern Councilman Sol M. Taplin As a quorum was determined to be present. the meeting commenced. 2. Ordinance - First ReadiagLPubli.c Hearin: An Ordinance was read, by title, by the Village Clerk, providing for findings of fact; statement of purpose: definitions; jurisdictions; basis for establishing areas of special flood hazard; establishment of development permits; compliance: abrogation and greater restrictions: interpretation; warnings and a disclaimer of liability; penalties for violations; designation of local administrator; duties and responsibilities of the Building Official; procedures for variances from this ordinance: general and specific standards for hazard reduction; standards for streams without established base flood elevations: and standards for subdivision proposals. Assistant Mayor Hirschl then opened the Public Hearing. Mr. Weiss explained that before Hurricane Andrew the Village had an interlocal agreement with Dade County. but Dade County had no mechanism in place for enforcement. Mrs. Morris stated the Federal Government now has changed their policy regarding the National Flood Insurance Program. They are now requiring that each municipality qualify individually. There being no further comments, Assistant Mayor Hirschl closed the Public Hearing A motion was offered by Councilman Boggess and seconded by Councilman Blank to enact this Ordinance. There being no further discussion. the motion carried with the vote as follows: Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye. Mayor Stern absent; Councilman Taplin absent and this Ordinance was approved on first reading as: AN ORDINANCE OF THE COUNCIL BAL HARBOUR VILLAGE. FLORIDA. PROVIDING FINDINGS OF FACT; PROVIDING A SHORT TITLE: PROVIDING A STATEMENT OF PURPOSE; PROVIDING OBJECTIVES: PROVIDING DEFINITIONS: PROVIDING JURISDICTION: PROVIDING FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD: PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMITS; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION; PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY: PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR DESIGNATION OF LOCAL ADMINISTRATOR; PROVIDING PERMIT PROCEDURES: PROVIDING DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL AND SPECIFIC STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS: PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING FOR SEVERABILIFY: INCLUSION IN THE. CODE AND AN EFFECTIVE DATE. Assistant Mayor Hirschl then announced that a second Public Hearing has been scheduled for December 15. 1992 at 5:15 p.m. . Resolution: A Resolution was read, by title. by the Village Clerk. expressing the intent of Bal Harbour Village to require the recognition and evaluation of flood or flood related erosion hazards in the official actions which relate to land use in areas having these hazards. A motion to adopt this Resolution was offered by Councilman Boggess and seconded by Councilman Blank. The motion carried with the vote as follows: Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye: Mayor Stern absent; Councilman Taplin absent. thus becoming RESOLUTION NO.472 RESOLUTION OF BAL HARBOUR VILLAGE EXPRESSING ITS INTENT TO REQUIRE TIIE RECOGNITION AND EVALUATION OF FLOOD OR FLOOD -RELATED EROSION HAZARDS IN ALL OFFICIAL ACTIONS RELATING TO LAND USE IN AREAS HAVING THESE HAZARDS; AND ADOPTING LAND USE AND CONTROL MEASURES TO REDUCE FUTURE FLOOD LOSSES: PROVIDING FOR AN EFFECTIVE DATE. 4. Discussion 1993 Election Date: Mr. Weiss stated that this item was brought to his attention by the Village Clerk and it was decided the most appropriate way to deal with this was to place on the agenda for discussion. He further Special Council Mtg. 12/03/92 stated that the Village Charter set forth when the elections will occur. The first Tuesday in April is also the first day of Passover and there is nothing illegal or improper or anything that requires the Village to change the election from the first Tuesday. Because of the fact there is a large Jewish population in the Village there was some thought that the Council might want to consider to change the date. Mr. Weiss continued to explain in order to change the date it would require a Charter change and we have been advise there is an opportunity to go on the County ballot prior to election. Discussion followed as to the Dade County election date and the cost for the Village. It was explained that the date is not set as of this time. The cost, if the Village did put the question on the Dade County ballot would be approximately $1.000. Mrs. Morris suggested a special meeting for first reading of the Ordinance December 8th, 1992 at 5:05 p.m. A motion to change the time of the regular meeting to 4:00 p.m. was offered by Councilman Blank and seconded by seconded by Councilman Boggess. The motion carried with the vote as follows: Assistant Mayor Hirschl aye: Councilman Blank aye: Councilman Boggess aye: Mayor Stern absent: Councilman Taplin absent. 5. Other Business: Mrs. Morris stated that Mickie Canton and Sam Poole of Holland and Knight are present. She further stated that she had spoken to Ms Canton who gave her an update on the Munisport issue, in which they are preparing fur the December 8, 1992 North Miami meeting, At which the North Miami Council will be considering on second reading the ordinance for construction of the Amphitheater. Mrs. Morris stated the Council had provided initial funding of $5,000 and she understands that most of these funds have been expended. Mr. Poole will explain what has been done to date and where the Village stands at this time. Mr. Poole explained his meeting with the South Florida Regional Planning Council and the Department of Community Affairs. He further stated that the Village has a good position due to the environmental issue. Mr. Poole further stated that if the Village wishes his firm to pursue this matter it would be necessary to engage consultants. The cost would be approximately $10,000 for the consultants and $10,000 for legal fees. Assistant Mayor Hirsch] stated that it is in the best interests of the residents of Bal Harbour to continue. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl that Holland and Knight proceed on behalf of Bal Harbour and approve funding not to exceed $20,000. Discussion followed. Councilman Blank stated he is against approving additional funds for this project. Councilman Boggess explained that the Council has no choice but to continue to oppose Special Council Mtg. 12/03/92 3 46 this project. it is the Council's obligation to the citiaens of ha; Harbour. The motion carried with the vote as follows: Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye: Mayor Stern absent; Councilman Taplin absent. 6. Adjourn_ There being no further business to come before the Council. a motion was offered by Councilman Boggess and seconded by Councilman Blank to adjourn. The motion carried unanimously (3-0) with Mayor Stern and Councilman Taplin absent. and the meeting adjourned at 6.50 p.m. Assistant Mayor Andrew R. Hirschl AtLe Jeanette Horton,CMC/AAE Village Clerk Special Council Mtg. 12/03/92 4