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Home My Public Portal About01-05-93 Special Council Meeting.tifMINUTES SPECIAL MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 5, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7 00 p m Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Vice Mayor Clifford Brody, and Mayor Rafael Conte Councilman Raymond Sullivan was absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Steve Helfman, Building Official Dan Nieda, and Community Development Director Robin Sobrino 2 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 3 APPROVAL OF MINUTES: Councilman Brody made a motion to approve the minutes of the meetings of December 8, 1992, December 15, 1992, and December 22, 1992, as submitted, seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes 4 AGENDA: Councilman Rasco made a motion to discuss the Insurance Committee's request for the Village to apply to the state's Windstorm Pool Councilman Sime seconded the motion which carried by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Rasco discussed the Insurance Committee's recommendation for the Village to apply to the Florida Windstorm Pool After brief discussion, Councilman Rasco made a motion to authorize the Insurance Committee to begin the application process for the Village to participate in the Florida Windstorm Pool, seconded by Vice Mayor Brody The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes 5 ORDINANCES: The following ordinance, on second reading, was read by title for the record and considered by the Council: Page 1 of 5 January 5, 1993 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER, DELETING SECTION 33- 36 1 ENTITLED "ADMINISTRATIVE VARIANCES", PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Conte opened the public hearing There were no speakers After brief discussion, Councilman Sime made a motion to adopt the ordinance, seconded by Vice Mayor Brody The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes The following ordinance, on second reading, was also read by title for the record and considered by the Council AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE BY ADDING A NEW CHAPTER ENTITLED "FLOOD DAMAGE PREVENTION", PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE, DEFINITIONS, STANDARDS FOR DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS, COASTAL HIGH HAZARD AREAS AND AREAS OUTSIDE SPECIAL FLOOD HAZARD AREAS, REQUIRING COMPLIANCE FOR ACCESSORY BUILDINGS, PROVIDING FOR APPLICABILITY, PROVIDING FOR ENFORCEMENT AND RULES OF INTERPRETATION, PROVIDING FOR VARIANCES, PROVIDING FOR DISCLAIMER OF LIABILITIES, PROVIDING FOR PENALTIES, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Councilman Sime requested that staff make their recommendations before opening the public hearing Village Attorney Helfman stated that an alternate ordinance has been prepared Together with Village staff, Steve Randolph from FEMA and John Festa, he has compiled an alternate ordinance tailored to Key Biscayne which addresses the principal concerns of F E M A and residents Mayor Conte opened the public hearing John Festa, 695 Harbor Lane, stated that he prefers a one year cumulative period Village Attorney recognized Festa for his assistance in drafting the ordinance Page 2 of 5 January 5, 1993 Hugh O'Reilly, 475 Allendale Road, expressed his concern about the cumulative period He stated that there should be no cumulative period John Rosser, 300 Redwood Lane, concurred that the cumulative period should be zero He also stated that the base flood level should be at the minimum required by F E M A Ed Slavins, 301 Palmwood Lane, asked about how the effective date will apply to past work done on a home George Warner, 26 Elm Street, Boston, asked about the certification provisions and notification to home -owners Jim Taintor, 335 Harbor Drive, stated that the cumulative period should be at least three years The purpose of the F E M A regulations is for homes to be eventually elevated to minimize damage during future floods He also inquired about building ordinance provisions Steven Simon, 335 Harbor Lane, concurred that the cumulative period should be three years to encourage property owners to elevate their homes Ronald Mastriana, 3012 North Atlantic, Fort Lauderdale, representing the Sheraton, stated his concerns about the ordinance's impact on that property Steve Randolph, of F E M A , discussed the ordinance and answered concerns from the public and Council Greg Han, 685 Curtisswood Drive, spoke about storm surges and the affects of flood waters on Key Biscayne Councilman Rasco asked for staff's recommendation Building Official Nieda stated that he feels comfortable with the ordinance He recommended a three year cumulative period and that the base elevation be maintained at the minimum required by FEMA Councilman Hill asked Nieda why he recommended a three year cumulative period Nieda stated that it will make the F E M A regulations enforceable by providing a longer tracking period for permits Councilman Brody expressed concerns about the cumulative period because of the retro-active implications Page 3 of 5 January 5, 1993 Randolph stated that the retro-active cumulative period would begin to the day that the Village was incorporated The Council concurred that the retro-active date should begin on the date that the Village assumed Building and Zoning functions Councilman Fried suggested, as a compromise, a two year cumulative period Village Attorney Helfman read the title of the alternate ordinance for the record AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE BY ADDING A NEW CHAPTER ENTITLED "FLOOD DAMAGE PREVENTION", PROVIDING FOR STATUTORY AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, DEFINITIONS APPLICABILITY, PROVIDING FOR GENERAL PROVISIONS, ADMINISTRATIVE PROCEDURES AND STANDARDS, PROVIDING FOR FLOOD HAZARD REDUCTION, PROVIDING FOR VARIANCES AND APPEALS, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE After further discussion, Councilman Hill made a motion to adopt the ordinance with a one year cumulative period, seconded by Councilman Rasco The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes 6 RESOLUTIONS There were no resolutions considered by the Council 7 REPORTS AND RECOMMENDATIONS There were no reports submitted 8 COMMITTEE REPORTS: There were no committee reports submitted 9 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 10 SCHEDULE OF FUTURE MEETINGS The following schedule was presented A REGULAR VILLAGE COUNCIL MEETING TUESDAY, JANUARY 12, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR Page 4 of 5 January 5, 1993 B LOCAL PLANNING AGENCY MEETING (L.P A.) TUESDAY, JANUARY 19, 1993, 7.00 P M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JANUARY 26, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR D SPECIAL VILLAGE COUNCIL MEETING (FIRE/RESCUE SERVICE) TO BE ANNOUNCED COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR E REGULAR VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 9, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR F LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, FEBRUARY 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR G SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR 10 ADJOURNMENT: The meeting was adjourned at 9 30 p m Approved this 114' day of Village Clerk L Mayor 1993 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 5 of 5