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.
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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
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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
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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.
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