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HomeMy Public PortalAbout03-10-92 Regular Council Meeting.tifVILLAGE OF KEY BISCAYNE, FLORIDA MINUTES Regular Monthly Board of Trustees Meeting Tuesday, March 10, 1992 Key Biscayne Elementary School - Cafeteria i) 1 CALL TO ORDER/ROLL CALL OF MEMBERS Mayor the meeting to order at 7 15 p m The following present Clifford Brody, Mortimer Fried, Michael Raymond P Sullivan, Vice Mayor Rafael Conte called Trustees were also Hill, Joe Rasco and 2 INVOCATION Father Robert Libby, St Christopher's by the Sea Episcopal Church offered the invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4 APPROVAL OF THE MINUTES Trustee Fried moved that the minutes of February 10th, February 11th and February 12, 1992, be approved as submitted Trustee Hill seconded the motion Trustee Brody asked that the minutes of March 12, 1992 be amended to reflect a more accurate de- piction of the motion on the Zoning Variance on Page 2 of 7, Item No 8(A), to include the words "withdrew his request for a side setback, the six (6) feet (7 1/2 required" following the word applicant in line 1 and that the words "requested that request No 1 be withdrawn" be stricken from the record Vice Mayor Sullivan asked that the minutes be corrected on page 5 of 7, Item No 12 (B) to state that the motion was seconded by Trustee Fried Trustee Fried accepted the amendments and restated the motion as a motion to approve the minutes as amended The Board voted unanimously (6-0) to approve the minutes as amended, each Trustee voted as follows Trustee Brody Yes Trustee Fried Yes Trustee Hill Yes Trustee Rasco Yes Vice Mayor Sullivan Yes Mayor Conte Yes 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS None 6 ORDINANCES: None 7 RESOLUTIONS• A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DELEGATING TO THE VILLAGE MANAGER THE AUTHORITY AND RESPONSIBILITY TO REVIEW AND PROCESS ALL PERMIT APPLI- CATIONS FOR ZONING COMPLIANCE AND ISSUE NECESSARY AP- PROVALS IN ACCORDANCE WITH ORDINANCE No. 92-09, AND PROVIDING FOR AN EFFECTIVE DATE. Trustee Fried moved that the Resolution be approved as read Trustee Brody seconded the motion Trustee Rasco moved that the Resolution be amended to include that "further, that the Board instruct the Village Manager to prepare a plan for the Village to assume all building and zoning functions Such plan should have a minimum of two alternatives A performing all such functions with in-house staff and B Contracting out MINUTES - 03/10/92 Page 1 of 7 these services, and that the Manager shall report back to the Board within 30 days Trustee Brody seconded the amendment The Board voted unanimously (6-0) to approve the amendment, with each Trustee voting as follows Trustee Brody Yes Trustee Fried Yes Trustee Hill Yes Trustee Rasco Yes Vice Mayor Sullivan Yes Mayor Conte Yes Hearing no additional discussion regarding the motion on the floor to approve the resolution, as amended, the question was called The motion carried unanimously (6-) with each Trustee voting as follows Trustee Brody Yes Trustee Fried Yes Trustee Hill Yes Trustee Rasco Yes Vice Mayor Sullivan Yes Mayor Conte Yes 8 BUILDING AND ZONING - PUBLIC HEARING Trustee Brody opened the Public hearing and asked that any person wishing to give tes- timony in the hearing stand in order to be sworn by the Clerk The following persons were sworn Francisco Trujillo and Lawrence Curtin 8(a) No.92-3-KBT-1 Lawrence Curtin, 215 Cranwood Dr Requesting 1 Non -Use variance of setback requirements to permit a proposed 14' x 20 addition with setback of 12 5 ft where 25 ft is required from the rear (North) prop- erty line Purpose to construct master bedroom addi- tion Trustee Brody stated for the record, that there were no waivers and one protest on file regarding this case Building and Zoning Consultant Daniel Nieda recommended that the request for a non-use setback variance of 12 5 ft where 25 ft is required from the rear (North) property line be denied (Complete recommendation and information attached) Francisco Trujillo, professional architect representing the ap- plicant, briefly stated that the request will not impact the neighbors because the encroachment is minimal, and that the vari- ance that is requested is one that is routinely granted by Metro- politan Dade County The applicant, Lawrence Curtin, addressed the Board and asked that the Board approve that which is equitable with respect to his request Trustee Brody closed the Public Hearing Village Attorney Richard Weiss read to the Board that section of the Dade County Code gov- erning the granting of a Non-use variance as follows "may grant a non-use variance upon a showing by the applicant that the non-use variance maintains the basic intent and purpose of the Zoning, subdivision or other land use regulations which is to pro- tect the general welfare of the public particularly as it affects the stability and appearance and provided the non-use variance will be otherwise compatible with the surrounding land uses, and will not be detrimental to the community" Trustee Brody moved that the Board of Trustees deny the request The motion was seconded by Trustee Fried Trustee Rasco asked that the motion be amended to deny without prejudice Trustee MINUTES - 03/10/92 Page 2 of 7 Brody accepted the amendment The motion to deny the request without prejudice , Non-use Variance request No 92-3-KBT-1, car- ried unanimously (6-0) with each Trustee voting as follows Trustee Brody Yes Trustee Fried Yes Trustee Hill Yes Trustee Rasco Yes Vice Mayor Sullivan Yes Mayor Conte Yes 9 REPORTS AND RECOMMENDATIONS 9(a) MAYOR AND TRUSTEES 9(a)1 DISCUSSION RE STREET VENDORS - POSSIBLE CREATION OF AN ORDI- NANCE ESTABLISHING PROCEDURES - Trustee Fried moved that the Attorney be authorized to create a comprehensive ordinance establishing proce- dures prohibiting street vendors within the Village The motion was seconded by Trustee Hill Following brief discussion, the motion car- ried unanimously (6-0), with each Board member voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes 9(a)2 DISCUSSION RE PERMITTING - POSSIBLE CREATION OF AN ORDINANCE ESTABLISHING FEES, PROCEDURES, ETC - Trustee Fried stated that in light of the fact that the Attorney is presently in the process of es- tablishing such an ordinance, this item need not be discussed at this meeting \) 9(a)3 BOARD ACTION REGARDING TERM OF COMMITTEE APPOINTMENTS - Trustee Brody moved that the Board establish a policy that Appointees to Board Committees serve for the term of office of the Trustee making the ap- pointment, and that the appointee's term expires when the Trustee's re- placement is elected or takes office Trustee Fried seconded the motion Trustee Hill moved that the motion be amended to state that the term of Committee Appointments shall expire when the term of office of the Trustee making the appointment expires, or sooner, at the plea- sure of the Trustee making the appointment, unless, if at the formation of the Committee, new policy is established as to a specified term for the Committee, not to exceed the term of office of the Trustee making the appointment Trustee Brody accepted the amendment, as did Trustee Fried Following brief discussion, the motion carried (5-1) with each Board Member voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - No, Vice Mayor Sullivan - Yes Mayor Conte - Yes 9(a)4 STATUS REPORT ON TRANSITION DISCUSSIONS WITH METROPOLITAN DADE COUNTY REGARDING FIRE/RESCUE MATTERS - Trustee Hill reported that he has met with Commissioner Art Teele, Chairman of the Public Service Commission which governs Dade County Fire/Rescue, as well as with Mayor Clark, regarding withdrawing from the Dade County Fire District and contracting with Metropolitan Dade County on a contract basis, at a significantly lower cost He stated that Mayor Clark and Commissioner Teele were receptive to the idea of the Village making a formal request regarding a change of status in order to place the concept under con- sideration by the County Trustee Hill requested Board authorization to draft such a letter to the Mayor Clark and Commissioner Discussion ensued regarding whether or not such a request would constitute a with- drawal from the Dade County Fire District Village Attorney Weiss re- ported that the County Attorney's office is of the opinion that should MINUTES - 03/10/92 Page 30f7 the Village opt out of the Fire District, the Village would be unable to opt back in until October, 1993 He suggested that should the Board wish to opt out, the Board should consider adopting legislation at the next meeting, March 24, 1992, formally opting out of the Fire District so that a formal copy of the legislation can be delivered to the County before April 1st, the deadline for opting out of the District, allowing for possible negotiations Following further discussion, the Attorney asked for some direction from the Board, with regard to whether or not a resolution should be created Residents Camille Cuething, Alma Trappolini, Jim Haney and Conchita Suarez addressed the Board with their concerns regarding opting out of the Fire District Following the resident's address, Trustee Brody moved that the Board grant Trustee Hill authorization to draft the letter previously re- ported on Trustee Fried seconded the motion, which carried unanimously (6-0), with each Trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes 9(a)5 REPORT ON THE STATUS OF INVESTIGATION OF "REBOZO" PROPERTY (lo- cated on the North side of the Key Biscayne Bank Building, presently being turned into a parking lot and garden area) - Trustee Fried re- ported that he has met and discussed the matter of the value of the property with Mr Rebozo and Key Biscayne Bank, Robert Brookes He re- ported that the present value indicated for the property is ap- proximately $800,000 per acre (8 acres will run approximately $6,800,000 He stated that he has conferred with accountants with re- gard to benefits the seller may be able to obtain by making donations, i e up to a 50% tax credit against the sale of the property He stated that the Village may be able to purchase the property, which can serve as a center for Key Biscayne, through tax-free municipal bonds He stated that prior to discussions regarding actual purchase prices, an appraisal of the property must be obtained He stated that he has been in contact with appraisers Dixon & Friedman ($7,000 appraisal fee) and Earl Givens ($4,500 appraisal fee), two appraisers utilized by the Key Biscayne Bank, specializing in land appraisals such as this On that basis, Trustee Fried moved that the Board authorize a budget of up to $5,000 to go towards obtaining a valid appraisal to submit to the seller of the property for negotiations Trustee Brody seconded the motion Discussion ensued among the Board Attorney Weiss advised the Board as to laws governing municipal governments purchasing property Trustee Brody moved to table the motion on the floor until such time as the Attorney is able to report to the Board as to how the Village can go about acquiring land, and that Trustee Fried and the Manager can converse further with Mr Rebozo with regard to possible negotiations The motion was seconded by Vice Mayor Sullivan The motion carried unanimously (6-0), with each Trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes 9(a)6 OFFICE UPDATE - Vice Mayor Ray Sullivan reported that the new municipal offices were opened on March 7th and the loaner furniture has been supplied by 3 C White, the Company from which the Village has purchased the permanent furniture He stated that he is in the process MINUTES - 03/10/92 Page 4 of 7 of collecting historical photographs, and paintings for decorating the offices, and asked that anyone wanting to donate such items should con- tact him He stated that he is working on an open -house, scheduled some time after the furniture has been placed 9(b) VILLAGE MANAGER REPORT - C Samuel Kissinger recommended that the Board authorize Counsel to prepare an RFP for an external auditor Trustee Brody moved that an RFP be drafted for an external auditor, and further that the selection process not limit the RFP to Key Biscayne residents The motion was seconded by Trustee Fried, and carried unanimously (6-0), with each Trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes The Manager also reported that an RFP for a recreation director and Po- lice Chief, will also be prepared and disseminated ‘) l The Manager reported that he will be employing the current code en- forcement and Engineer as part-time employees of the Village in order to staff, preliminarily, the Building and Zoning Department He stated that secretarial personnel and volunteer personnel are also being so- licited for staffing the municipal offices 9(c) VILLAGE ATTORNEY REPORT - Attorney Weiss reported that the Vil- lage has been allowed by Judge Greene to substitute for the Key Biscayne Council, Inc in the litigation against the Seaquarium He reported that the Judge hearing the case for substitution has disclosed that her husband works for Metropolitan Dade County Parks Dept , how- ever, he reported that Village Attorney Joe Serota feels that the Judge would be able to hear the case impartially, since this case deals with Master planning He asked the Board for guidance as to whether or not the Village would like to have Judge Greene hear the case, or if the Board feels that another Judge be requested Following brief discus- sion, there was a consensus on the Board that Judge Greene stay on the case, as opposed to requesting that a new Judge be appointed to the case 9(d) COMMITTEE REPORTS 9(d)1 TRANSITION COMMITTEE - Vice Mayor Sullivan updated the Board on transition discussions between Dade County and Key Biscayne He re- ported that a meeting schedule has been developed whereby he and the Village Attorney will be meeting on a bi-weekly basis focusing on an Agreement to be drafted by May 1st 9(d)2 FIRE/RESCUE COMMITTEE - Committee Member Hugh O'Reiley submitted the attached final report by Chairman Richard Cromartie recommending that the Board notify the County that the Village intends to withdraw from the Fire District and begin negotiations with Dade County with re- gard to lowering the cost of Fire services to Key Biscayne, and should these negotiations not come to fruition, the Village begin negotiations regarding a short-term contract with Dade County and begin discussions regarding contracting services with City of Miami, Wachenhut, or an- other provider Committee Member David Johnson gave a brief historical background of the report he issued to the Fire/Rescue Committee, prior to the decision of the Committee MINUTES - 03/10/92 Page 5 of 7 Following discussions among the Board and comments from the floor, Vice Mayor Sullivan asked that a special meeting be held on Monday, March 30, 1992, to discuss the pros and cons of contracting with other pro- viders, as well as establishing a Village of Key Biscayne Fire Depart- ment The Village Manager was instructed to provide an analysis of the various options that are available, as well as organize an Agenda that will include presentations from the various parties concerned ITEM TAKEN OUT OF ORDER Trustee Rasco moved that item 9(d)4 be taken out of order Trustee Fried seconded the motion, which carried unanimously (6-0) with each Trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes 9(d)4 VILLAGE CLERK SEARCH COMMITTEE - Committee Member Allene Nicolsen reported on the actions of the Committee and reported that the Committee has recommended Joanne Holdgate, Nantucket, Sally MacDonald, Miami, and Jeffrey Naftal She requested that the Board authorize a budget for airfare for Joanne Holdgate to attend an interview with the Board, as well as establish a date for the interviews Discussion among the Board, and comments from the Village Manager with regard to salary and other administrative structuring of the Village Vice Mayor Sullivan moved that the Village Clerk Candidates be interviewed on Tuesday, April 7, 1992 and that the Board authorize paying the airfare of Candidate Joanne Holdgate in order for her to be interviewed by the Board The motion was seconded by Trustee Brody, and carried 5-1 with each Trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - No 9(d)3 MASTER PLAN COMMITTEE - Chairman Frank Caplan gave a brief re- port regarding public participation procedures being drafted by the Committee 10. OTHER BUSINESS GENERAL/DISCUSSIONS• 10(a) DISCUSSION RE, CHARGING A FEE FOR DUPLICATING DOCUMENTS FOR THE PUBLIC - Mayor Conte stated that he feels that copies should be sup- plied to the public at a fee Trustee Hill moved that fees for dupli- cating documents for the public be set according to Statutory law, Chapter 119, Florida Statutes The motion was seconded by Mayor Conte and carried unanimously (6-0) with each trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes 10(b) DISCUSSION RE HOLDING BOARD OF DIRECTORS MEETINGS AT THE SHERATON ROYAL BISCAYNE HOTEL (fee schedule attached) - Trustee Hill moved that the Board hold all future Board of Trustees meetings at the Sheraton Royal Biscayne Trustee Fried seconded the motion The mo- tion failed (2-4) Trustee Brody - No, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - No, Vice Mayor Sullivan - No Mayor Conte - No 10(c) DISCUSSION RE VOTERS REGISTRATIONS - No discussion took place on this item MINUTES - 03/10/92 Page 6 of 7 10(d) DISCUSSION RE, 12 STORY HEIGHT RESTRICTIONS ON ALL FUTURE DEVEL- OPMENTS ON KEY BISCAYNE - by consensus, the Board authorized the At- torney to draft an ordinance providing 12 story height restrictions on all future developments Vice Mayor Sullivan voiced his opposition to creating such an ordinance 10(e) DISCUSSION RE, JOINING THE GREATER MIAMI CHAMBER OF COMMERCE - Mayor Conte moved that the Board consider joining the GMCC Trustee Rasco seconded the motion and amended it to include that the Village join the Key Biscayne Chamber prior to joining the Greater Miami Cham- ber The question was called, and the motion carried (6-0) with each Trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes 11 APPROVAL OF THE BILLS - Trustee Fried moved that the Bills be approved as presented Trustee Rasco seconded the motion, which car- ried unanimously (6-0) with each Trustee voting as follows Trustee Brody - Yes, Trustee Fried - Yes, Trustee Hill - Yes, Trustee Rasco - Yes, Vice Mayor Sullivan - Yes Mayor Conte - Yes 12 ANNOUNCEMENTS The following meetings were announced NEXT SPECIAL MONTHLY BOARD OF TRUSTEES MEETING 7 00 P M , Tuesday, March 24, 1992, Key Biscayne Elementary School Cafeteria NEXT MASTER PLAN COMMITTEE MEETING 7 30 p m , Thursday, March 12, 1992, Key Biscayne Beach Club, 685 Ocean Drive 13 ADJOURNMENT Mayor Conte adjourned the meeting at 10 15 p m after hearing a motion to adjourn by Trustee Fried Submitted for approval by Beatris M Arguelles Interim Village Clerk bma Any person wishing to appeal any decision made by this Board with re- spect to any matter considered at this meeting will need a record of the proceeding, and for such purposes may need to ensure that a verba- tim record of the proceeding is made, which record includes the testi- mony and evidence upon which the appeal is made MINUTES - 03/10/92 Page 7 of 7 1 ) AGENDA - 03/10/92 ITEM No 8 Building and Zoning Hearing No 92-3-KBT-1 Lawrence Curtin - 215 Cranwood Drive