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HomeMy Public PortalAbout04-27-93 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 27, 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 (arrived at 8 15 p m ), Michael Hill, Joe Rasco, Betty S ime , Raymond Sullivan, Vice Mayor Clifford Brody (arrived at 7 15 p m ), and Mayor Rafael Conte Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler Clerk Inguanzo excused himself from the meeting to serve as the canvassing board for the special election of that day 2 INVOCATION: Anne Owens, of the Islander News, gave an invocation 3 PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge 4 APPROVAL OF MINUTES: The minutes of the meeting of April 13, 1993, were approved, as submitted, by unanimous consent 5 AGENDA: There were no changes to the agenda 6 PUBLIC COMMENTS: Mayor Conte opened the meeting to comments from the public Garver Wilson, 725 Woodcrest Road, stated that the building permit process should be improved with a cross- reference system 7 ORDINANCES: Mayor Conte read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 4.03 OF THE VILLAGE CHARTER; CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT; ECONOMIC DEVELOPMENT DEPARTMENT; FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT; RECREATION DEPARTMENT; POLICE DEPARTMENT; AND PUBLIC WORKS DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 1 of 7 April 27, 1993 Councilman Sime made a motion to adopt the ordinance on first reading, seconded by Councilman Sullivan Councilman Rasco discussed the ordinance and requested that the manager provide the Council with a summary of each department's duties The motion was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Mayor Conte read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. The mayor opened the public hearing There were no speakers present Vice Mayor Brody made a motion to adopt the ordinance on second reading, seconded by Councilman Sime After brief comments by the manager, the motion was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 8 BUILDING AND ZONING: The Council considered Hearing Number 93- 4 -VC -1, Alain C De Grelle, 176 West Mashta Drive, requesting a non-use variance to permit the continued use of an existing single family residence to setback 7 25 feet (7 5 feet required) from the interior side property line Community Development Director Sobrino recommended approval on this request The applicant also requested a non-use variance to permit the continued use of existing garden storage shelves to setback 5 25 feet (7 5 feet required) from the interior side property line and a non-use variance to permit an existing wood trellis to setback 5 66 feet (7 5 required) from the interior side property line Community Development Director Sobrino recommended denial of these request Alain De Grelle, 176 West Mashta Drive, spoke in favor of his application Councilman Hill made a motion to approve the request of a setback variance to permit the continued use of an existing single family residence to setback 7 25 feet (7 5 feet required), seconded by Councilman Rasco The motion was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Page 2 of 7 April 27, 1993 Councilman Hill made a motion to approve the request of a setback variance to permit the continued use of existing garden storage shelves to setback 5 25 feet (7 5 feet required), seconded by Councilman Rasco Roberto Decespedes, 188 West Mashta Drive, spoke in favor of this request There was brief discussion by the Council The motion was adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Sullivan voted No Councilman Hill made a motion to approve the request of a setback variance to permit an existing wood trellis to setback 5 66 feet (7 5 feet required), subject to the applicant completing the necessary building permits within ninety days, seconded by Councilman Rasco Councilman Sullivan expressed his concerns about the Council setting a precedent in approving variances The motion was adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Sullivan voted No 9 REPORTS AND RECOMMENDATIONS: 9-A VILLAGE ATTORNEY Attorney Weiss submitted brief reports regarding the environmental report on the police station site on West Enid Drive, the Calusa Park lease, the Lipton litigation, the final draft of the Village Code, and his discussions with the postmaster of the Key Biscayne Post Office branch Councilman Sullivan requested that the attorney contact the county regarding the removal of a construction sign on Crandon Boulevard Councilman Sime inquired about the environmental study of Calusa Park 9-B VILLAGE CLERK Finance Director Neustadt, serving as recording secretary, reported that the mayor has issued no proclamation in the last two weeks Finance Director Neustadt stated that the Dade League of Cities has requested an appointment from the Village to their Board of Directors Councilman Sime made a motion to re -appoint Councilman Rasco as the Village's representative to the Dade League of Cities' Board of Directors and Councilman Fried as the alternate member Councilman Sullivan seconded the motion which was adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Page 3 of 7 April 27, 1993 Submissions for a village seal received by the clerk were presented to the Council for their consideration at the meeting of May 11, 1993 9-C VILLAGE MANAGER The manager introduced Ralph Callega, of Florida Power and Light, who made a presentation regarding the study of converting overhead wiring to underground facilities There was brief discussion by the Council The manager stated that he will further study the issue Manager Kissinger recognized Carlos Penin, Village Engineer, who made a presentation regarding the Swale Study authorized by the Council Clerk Inguanzo presented the results of the special election, regarding a proposed amendment to the Village Charter requiring that the Village be served by the Metro -Dade Fire and Rescue Service District, to Mayor Conte who announced the results to the public The amendment failed to pass with 752 (36%) votes in favor and 1,313 (63%) votes in opposition The mayor called for a two minute recess Engineer Penin continued his presentation regarding the Swale Study There was extensive discussion by the Council Manager Kissinger briefly discussed the Street Tree Master Plan John Festa, 695 Harbor Lane, addressed the Council regarding the implementation of the plan Dyan Simon, 335 Harbor Lane, also addressed the Council regarding the plan There was brief discussion by the Council Councilman Fried made a motion authorizing the Village Manager to direct O'Leary Design and Associates to proceed with the preparation of final plans and specifications to implement the Street Tree Master Plan (dated April 7, 1993) The motion was seconded by Councilman Sime and adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Hill voted No Village Engineer Penin made a presentation regarding the stormwater utility The Council discussed the matter Lynne Nelson, 157 Harbor Drive, addressed the Council regarding the utility and its effects on churches Councilman Hill requested that the Village Engineer calculate the average cost per tenant at each of the commercial properties It was the consent of the Council that the Village Engineer prepare a list of recommendations for the next Council meeting The manager reported that he is continuing his search for additional space for recreation programs Page 4 of 7 April 27, 1993 The manager submitted a time -table regarding the implementation of a Village fire department Manager Kissinger stated that he has been contacted by the president of the Key Biscayne Elementary P T A regarding the Council sponsoring a village -wide meeting to discuss improvements at the school site The Council concurred that it would participate in such a meeting but would not sponsor the event The manager submitted the following informational reports a letter from Leigh, Robinson, Kerr, and Associates, dated April 19, 1993, regarding the Master Plan, the "Summerfest" Agenda (June 26 - July 4), material regarding the International City Management Association's 79th Annual Conference (September 19 - 23, 1993), a letter from the Office of the Governor, dated March 31, 1993, regarding hurricane related funding request, a letter from Senator Bob Graham, dated April 5, 1993, regarding airplane noise, a letter from Kathy Purner, dated April 9, 1993, regarding "Lighthouse Day," the contract between Williams, Hatfield and Stoner and Village for preparation of a stormwater master plan has been executed, and a report on staffing of the Community Development Department 9-D MAYOR/COUNCILMEMBERS Councilman Sime reported on the planning tour of other communities taken by members of the Local Planning Agency and residents of the Village, as well as the L P A forum held on Saturday April 24, 1993 Councilman Sime also stated that the Village should consider the use of special street signs such as the signs used in the Village of Bal Harbour Vice Mayor Brody discussed the problem of abandoned and unkempt properties in the Village Attorney Weiss stated that the problem will be addressed through the code enforcement process 10 RESOLUTIONS: Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE FEDERAL AVIATION AGENCY TO IMPLEMENT A KEY BISCAYNE AVOIDANCE POLICY; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Hill The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The Page 5 of 7 April 27, 1993 Council also agreed that Mayor Conte will represent the Village at the public hearing on May 12, 1993 Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A FEE SCHEDULE FOR ZONING HEARING APPLICATIONS; PROVIDING FOR AN EFFECTIVE DATE. Community Development Director addressed the Council regarding the resolution Councilman Fried made a motion to adopt the resolution, seconded by Vice Mayor Brody The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A SIGNAGE APPROVAL APPLICATION FEE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT WHICH PROVIDES HEALTH BENEFITS ON BEHALF OF THE VILLAGE WITH AV MED HEALTH PLAN, 9400 SOUTH DADELAND BOULEVARD, MIAMI, FLORIDA 33156; AND PROVIDING FOR AN EFFECTIVE DATE. After brief discussion, Vice Mayor Brody made a motion to waive the competitive bidding process regarding the selection of a health care provider for Village employees, seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Sime made a motion to adopt the resolution, seconded by Councilman Sullivan The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Page 6 of 7 April 27, 1993 11 COMMITTEE REPORTS: Councilman Rasco discussed the recommendations of the Insurance Committee Councilman Rasco made a motion that staff review the building code, code enforcement, elevated structures, and building reconstruction and replacement cost ordinance recommendations of the committee and consider their implementation The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Rasco also requested that a resolution be prepared to dissolve the committee, as well as commend each of the members of the committee 12 OTHER BUSINESS/GENERAL DISCUSSION: Councilman Sullivan requested an update on the building code project Manager Kissinger reported that Community Development Director Sobrino will submit a report at the next L P A meeting 13 SCHEDULE OF FUTURE MEETINGS: The Council was presented with a schedule of future meetings 14 ADJOURNMENT: The meeting was adjourned at 10 45 p m Approved this day of Village Clerk , 1993. Mayor 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 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 7 of 7