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
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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1 and that the words "requested that request No 1 be withdrawn" be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
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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
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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
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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
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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
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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
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AGENDA - 03/10/92
ITEM No 8
Building and Zoning Hearing
No 92-3-KBT-1
Lawrence Curtin - 215 Cranwood Drive