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Home My Public Portal About12-22-92 Special Council Meeting.tifMINUTES SPECIAL MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 22, 1992 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, Joe Rasco, Betty Sime, and Mayor Rafael Conte Councilmembers Michael Hill, Raymond Sullivan, and, Vice Mayor Clifford Brody were absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Village Attorney Joseph Serota, Finance Director Jack Neustadt, Building Official Dan Nieda, and Community Development Director Robin Sobrino 2 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 3 AGENDA. There were no changes made to the agenda 4 ORDINANCES. 4-A The Village Council heard the following ordinance on first reading 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 Mayer Conte opened the public hearing There were no speakers Councilman Fried made a motion to approve, seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Rasco, Sime, and Mayor Conte voting Yes The ordinance was scheduled for second reading on January 5, 1993 4-B The Village Council heard the following ordinance on first reading 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 Page 1 of 5 December 22, 1992 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 Mayor Conte opened the public hearing John Festa, 695 Harbor Lane, addressed the Council He submitted an alternate ordinance for the Council's consideration He stated that the cumulative period should be zero years Jim Taintor, 355 Harbor Drive, stated that the cumulative period should be at least one year Festa further stated that no variances should be granted Building Official Nieda recommended that the cumulative period be three years Greg Han, 685 Curtisswood Drive, stated that over a period of time, homes should be required to be elevated above flood levels Jacqueline Rose, 2000 South Bayshore Drive, #34, inquired about provisions of the ordinance Alvin Rose, 2000 South Bayshore Drive, #34, stated that publicly proclaiming Key Biscayne a flood area will decrease property values Councilman Fried stressed the importance of a cumulative period Councilman Sime stated that the least amount of time for a cumulative period would be the fair thing to do Councilman Rasco stated that the cumulative period could be adjusted in the future by amending the ordinance Councilman cumulative The motion as follows voting Yes January 5, Fried made a motion to approve the ordinance with a period of zero years, seconded by Councilman Sime was adopted by unanimous roll call vote The vote was Councilmembers Fried, Rasco, Sime, and Mayor Conte The ordinance was scheduled for second reading on 1993 Page 2 of 5 December 22, 1992 5 RESOLUTIONS: The following resolution was considered by the Council RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ASSURING THE FEDERAL INSURANCE ADMINISTRATION THAT THE VILLAGE WILL ENACT AS NECESSARY ADEQUATE LAND USE AND CONTROL MEASURES WITH EFFECTIVE ENFORCEMENT PROVISIONS IN THOSE AREAS HAVING FLOOD OR FLOOD RELATED EROSION HAZARDS, VESTING THE VILLAGE MANAGER OR HIS DESIGNEE WITH AUTHORITY AND MEANS TO ASSIST, PROVIDE INFORMATION AND COOPERATE WITH THE ADMINISTRATOR AND OTHER AGENCIES IN DELINEATING AND IDENTIFYING FLOOD OR FLOOD RELATED EROSION HAZARDS, APPOINTING THE VILLAGE MANAGER OR HIS DESIGNEE IN CHARGE OF MAINTAINING RECORDS FOR PUBLIC INSPECTION, AUTHORIZING TRANSMITTAL, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE Councilman Rasco made a motion to approve, seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Rasco, Sime, and Mayor Conte voting Yes 6 REPORTS AND RECOMMENDATIONS 6-A VILLAGE ATTORNEY Attorney Serota discussed the final judgement entered by Judge Melvia Green on the Seaquarium litigation He asked the Council to consider whether they would appeal the decision Councilman Sime stated that the Village should appeal Councilman Rasco asked the attorney to estimate the cost of an appeal Serota detailed the appeal process and stated that an appeal would cost the Village approximately fifteen to twenty thousand dollars Councilman Fried stated that the Village should proceed with an appeal Councilman Fried made a motion to authorize the Village Attorney to proceed with an appeal on the Seaquarium litigation, seconded by Councilman Sime Councilman Rasco stated that the entire Council should be present before making this decision Councilman Fried stated that it was his impression that the Council would support this action Page 3 of 5 December 22, 1992 The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Rasco, Sime, and Mayor Conte voting Yes 6-B VILLAGE MANAGER Manager Kissinger withdrew the following items 1 A MOTION TO AUTHORIZE THE VILLAGE MANAGER TO PURCHASE TWO CHEVROLET S-10 BLAZER (4X4) VEHICLES FOR THE POLICE DEPARTMENT FROM ED MORSE CHEVROLET, LAUDERHILL, FLORIDA NOT TO EXCEED $31,708 40 AND CHARGED TO ACCOUNT #710524 2 A MOTION TO AUTHORIZE THE VILLAGE MANAGER TO PURCHASE ONE CHEVROLET ASTRO PASSENGER VAN (MODEL CM10906) FOR THE POLICE DEPARTMENT FROM ED MORSE CHEVROLET, LAUDERHILL, FLORIDA NOT TO EXCEED $13,717 91 AND CHARGED TO ACCOUNT #710524 6-B-3 The manager presented a draft copy of the Village newsletter Councilman Rasco asked the manager about the Village's tax base and the effects from Hurricane Andrew Manager Kissinger stated that the Village's position is that the tax base will be impacted Councilman Sime asked -about the street lights on Crandon Boulevard Manager Kissinger stated that he is in contact with FPL and Dade County 7 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 8 SCHEDULE OF FUTURE MEETINGS The following schedule was presented A SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JANUARY 5, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR B REGULAR VILLAGE COUNCIL MEETING TUESDAY, JANUARY 12, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C LOCAL PLANNING AGENCY MEETING (L. P. A. J TUESDAY, JANUARY 19, 1993 , 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR Page 4 of 5 December 22, 1992 D SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JANUARY 26, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR E SPECIAL VILLAGE COUNCIL MEETING (FIREJRESCUE SERVICE) TO BE ANNOUNCED COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR F REGULAR VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 9, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR G LOCAL PLAAMIINVG AGCY 1 LING (L.P.A.) TUESLOY, FEBRUARY 16, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR 9 ADJOURNMENT The meeting was adjourned at 8 45 p m Approved this day of , 199 Village `CJLerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MALE'MA'nER 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