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