HomeMy Public PortalAbout05-12-92 Regular Council Meeting.tifVILLAGE OF KEY BISCAYNE, FLORIDA
MINUTES
Regular Monthly Board of Trustees Meeting
Tuesday, May 12, 1992
Key Biscayne Elementary School Cafeteria
150 West McIntyre Street
1 CALL TO ORDER/ROLL CALL OF MEMBERS Mayor Rafael Conte called the
meeting to order at 7 08 p m The following Trustees were also present Clifford
Brody, Mortimer Fried, Michael Hill, Joe Rasco, Betty Q Sime and Vice Mayor
Sullivan Also present were Village Manager C Samuel Kissinger, Village Attorney
Richard J Weiss, and Recording Secretary Beatris M Arguelles
2 INVOCATION Assistant Pastor Patrick Arnold, Key Biscayne Presbyterian 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 March 30,
April 13, April 14, and April 28, 1992 be approved The motion was seconded by Vice
Mayor Sullivan An amendment was made to the minutes of March 30 to read that the
meeting was a "Special" meeting of the Board of Trustees Typographical corrections
were made to the names of Blair 'Shiner" and "Curt Curtis The minutes of April 13th
were corrected on page 5 of 9 item 8(a)5 second paragraph, the word "Directors" was
changed to "Trustees" Trustee Fried amended his motion to approve the minutes as
amended Vice Mayor Sullivan Accepted the amendment and the motion carried
unanimously with each Trustee voting as follows C Brody Yes, M Fried Yes, M Hill
Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes
5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS no additions were made to
the Agenda
6 ORDINANCES FIRST READING/PUBLIC HEARING
6(a) AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
IMPOSING AN OCCUPATIONAL LICENSE TAX, PROVIDING
DEFINITIONS, REQUIRING APPLICABLE LICENSES, ESTABLISHING A
UNIFORM SYSTEM FOR THE ISSUANCE OF LICENSES, SETTING FORTH
THE AUTHORITY OF THE VILLAGE LICENSE OFFICER, PRESCRIBING
PENALTIES FOR VIOLATION, PROVIDING A LICENSE TAX SCHEDULE,
PROVIDING FOR THE REPEAL OF CHAPTER 8A, ARTICLE X OF THE
DADE COUNTY CODE AS MADE APPLICABLE TO THE VILLAGE,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE Mayor Conte read the ordinance by title and asked for a
motion to approve as read Trustee Fried moved that the Ordinance be approved
as read Trustee Brody seconded the motion, and following discussion among the
Board the motion carried unanimously Each Trustee voted as follows C Brody
Yes M Fried Yes M Hill Yes J Rasco Yes B Sime Yes Vice Mayor Sullivan
Yes, Mayor Conte Yes
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6 ORDINANCES FIRST READING/PUBLIC HEARING
6(b) AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ESTABLISHING A 150 FT MAXIMUM HEIGHT LIMITATION FOR
STRUCTURES, PROVIDING FOR VESTED RIGHTS, PROVIDING FOR
EXHAUSTION OF ADMINISTRATIVE REMEDIES, PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Mayor Conte read the Ordinance by title as previously advertised and opened
the public hearing for the Second Reading of the Ordinance, adopted on First
Reading on Tuesday, April 28, 1992 The following persons were heard
Residents Martha Broucek, Manuel Castilla, Marie Kirk, Michael Kahn, Dr
Steve Simon, Frank Collins and Guy Sanchez, also representing Florida Power
& Light Attorneys Kern Barsh, Bob Jordan and Carter McDowell representing
various construction projects, were also heard Mayor Conte closed the public
hearing and discussion ensued among the Board
Trustee Brody moved that the Ordinance establishing a maximum height
limitation on structures be approved on Second Reading as read The motion
was seconded by Trustee Fried and following lengthy discussion, the motion
carried unanimously with each Trustee voting as follows C Brody Yes, M
Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes,
Mayor Conte Yes
C AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ESTABLISHING A TEMPORARY BUILDING MORATORIUM, PROVIDING
FOR EXEMPTIONS AND WAIVERS, PROVIDING FOR A TERM, PROVIDING
FOR VESTED RIGHTS, PROVIDING FOR EXHAUSTION OF
ADMINISTRATIVE REMEDIES, PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE
Mayor Conte read the Ordinance by title as previously advertised and opened
the public hearing for the Second Reading of the Ordinance, adopted on First
Reading on Tuesday, April 28, 1992 The following persons were heard
Residents Martha Broucek, Manuel Castilla, Marie Kirk, Michael Kahn, Dr
Steve Simon, Frank Collins and Guy Sanchez, also representing Florida Power
& Light Attorneys Kern Barsh, Bob Jordan and Carter McDowell representing
various construction projects, were also heard Mayor Conte closed the public
hearing and discussion ensued among the Board
Following lengthy discussion and debate with regard to exemptions and vested
rights to be included in the ordinance, and several unresolved amendments and
recommendations from the Attorney, Trustee Fried moved that the hearing be
recessed to the meeting of May 26, 1992 the motion was seconded by Trustee
Rasco and carried 6 1 with each Trustee voting as follows C Brody No, M
Fried Yes M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes,
Mayor Conte Yes
7 RESOLUTIONS No resolutions were read on this item
7(a) BUILDING AND ZONING PUBLIC HEARING
No 92 4 KBT 2 Luisa Vazquez Mora requesting administrative approval for a variance
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of setback requirements to permit the maintenance and continued use of an existing
family room addition, setback 14 6' from the rear (North) property line, where 25' is
required, to an existing single family residence located at 287 West Mashta Drive
Building and Zoning Director Robin Sobrino recommended approval of the
administrative variance
Mayor Conte opened the Public Hearing No residents or interested parties came
forward to be heard, other than the applicant Mayor Conte closed the Public Hearing,
and discussion ensued among the Board Following such discussion, Trustee Fried
moved that the Board grant the variance request as recommended by the Building and
Zoning Director Trustee Rasco seconded the motion which carried unanimously, with 1 ---
each Trustee voting as follows C Brody Y M Fried Yes, M Hill Yes, J Rasco Yes,
B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes
8 REPORTS AND RECOMMENDATIONS
8(a) MAYOR AND TRUSTEES
8(a)1 FINCASA ON THE KEY, INC, ARMANDO VIGNATI, 200 CRANDON
BOULEVARD Village Manager C Samuel Kissinger reported that Mr Vignati of the
Gazebo Restaurant requested a temporary certificate of occupancy, conditioned upon
the erection of a 6' chain link fence Trustee Brody reported that a C 0 has not been
issued due to the fact that a masonry wall that was to have been built by the owner over
10 years ago has not been constructed He explained that the Gazebo Restaurant had
obtained a building permit, prior to the Board s decision to deny a variance to another
tenant based on the fact that the wall had not been built, and that the owners of the
Gazebo Restaurant have invested substantial funds in the construction of the
Restaurant and are now requesting a C 0 Following brief discussion, Trustee Brody
moved that the Board of Trustees agree to issue a temporary certificate of occupancy,
upon the erection of a 6ft chain link fence, further that the C 0 be limited to a period
of 60 days and that an additional 60 days be granted upon a Village staff
recommendation that the chain link fence is being maintained in good condition The
motion was seconded by Trustee Fried and carried by a 5 2 vote of the Board, as
follows C Brody Yes, M Fried Yes, M Hill No, J Rasco Yes, B Sime No, Vice Mayor
Sullivan Yes, Mayor Conte Yes
8(a)2 TRANSITION AGREEMENT Vice Mayor Sullivan reviewed a revised draft of
the Agreement in which he reported that two additions ware made reflecting that the
Village would opt out of the Stormwater Utility and that Franchise Fees would be in
the form of income He reported that a final draft would be prepared following a
meeting on May 22nd and that it would be available for review and approval by the
Board at the May 26, 1992 meeting and by the County on June 2, 1992
8(a)3 INVESTIGATE STOP SIGN AT FERNWOOD DRIVE & WEST HEATHER
DRIVE Trustee Rasco asked the Manager to report on the feasibility of placing a stop
sign at Fernwood Drive and West Heather Village Manager C Samuel Kissinger
reported that the request has been declined by the Dade County Traffic Department
Village Attorney Weiss pointed out that the Village may adopt in the future a sign
ordinance that would facilitate the erection of signage in the future
8(a)4 INVESTIGATE NECESSARY PROCEDURES TO COORDINATE WITH METRO
DADE EMERGENCY PREPAREDNESS RE HURRICANE EVACUATION Trustee
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Rasco asked the Manager to investigate public safety measures with regard to hurricane
evacuation procedures Village Manager C Samuel Kissinger reported that he and the
Mayor would be attending a meeting on Tuesday, May 19, 1992 at 2 00 p m , at which
hurricane preparedness would be addressed and a review and coordination of
procedures would be discussed Trustee Sime asked that the issue of the obtrusive
Australian Pines be addressed, and Trustee Rasco asked that the issue of the School
being ill equipped to handle evacuation also be addressed
8(a)5 GOALS AND OBJECTIVES SESSION Trustee announced that the Goals and
Objectives Workshop had been scheduled for Saturday, May 30, 1992 from 8 00 a m
2 00 p m at the Sheraton Royal Biscayne He reported that an Agenda is being prepared
for the workshop for dissemination to the Board
8(a)6 AUTHORIZATION FOR PAYMENT OF BILLS WITHIN BUDGETARY
GUIDELINES - Following brief discussion, Trustee Brody moved that the Board
authorize the Village Manager to pay bills within budgetary guidelines The motion was
seconded by Vice Mayor Sullivan and carried unanimously with each Trustee voting as
follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice
Mayor Sullivan Yes, Mayor Conte Yes
8(a)7 BIKE RACKS AT APPROVED LOCATIONS Village Manager C Samuel
Kissinger reported that the cost to place a bike rack at Village Hall would cost $173 He
reported that the Key Biscayne Bank would install a second rack Vice Mayor Sullivan
moved that the Village Manager be authorized to purchase a bike rack for Village hall
The motion was seconded by Trustee Fried and carried unanimously with each Board
Member voting as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B
Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes
Brief discussion ensued as to the outstanding work done by Debra Neve on behalf of the
Village coordinating the Village Offices Trustee Fried moved that the Board prepare
a proclamation in honor of Debbie Neve in recognition of her outstanding community
service The motion was seconded by Mayor Conte and carried unanimously with each
Trustee voting as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B
Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes
8(a)8 COMMUNITY COORDINATOR EFFORT TO PUT THE PARKS
AMENDMENT TO A COUNTY WIDE VOTE Vice Mayor Sullivan reported that he had
placed this item on the Agenda for discussion and suggested that the Board support an
effort to put the Parks Amendment to a county wide vote and that a Trustee be
appointed to act as a Community Coordinator
8(a)9 MONTHLY FINANCIAL STATEMENTS Trustee Brody presented the monthly
financial statements (attached to these fully executed minutes)
8(x)10 CHANGING LOCATION OF VILLAGE BOARD OF TRUSTEES MEETINGS
following brief discussion, no Board action took place on this item
8(a)11 REPORT ON SETTLEMENT NEGOTIATIONS OF KEY BISCAYNE COUNCIL
LAWSUIT RE INTERNATIONAL TENNIS CENTER Trustee Hill asked that his
report be deferred to the next meeting
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8(a)12 TRAFFIC SIGNAL NORTHEAST CORNER OF BEAR CUT BRIDGE AT
RICKENBAKER CAUSEWAY Village Attorney Richard Weiss read for the Board a
copy of a letter (attached to these fully executed minutes) from County Manager Joaquin
Avino to the Director of Public Works ordering that the Department cease operating the
traffic signal at the Northeast Corner of Bear Cut Bridge at Rickenbacker Causeway
He advised that as of 5 30 this evening the signal ceased to operate, displaying a steady
flashing yellow light
8(b) VILLAGE ATTORNEY REPORT
8(b) 1 REPORT ON THE VILLAGE CLERK NEGOTIATIONS The Village Attorney
reported that Village Clerk Candidate Sally MacDonald did not accept the position of
Village Clerk
Following brief discussion and debate, Trustee Fried moved that the Board of Trustees
appoint Jack Neustadt as Interim Village Clerk, on a part time basis at a salary of
$15,000 annually The motion was seconded by Trustee Sime and carried unanimously
with each Trustee voting as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco
Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes
8(c) VILLAGE MANAGER REPORT
8(c)1 STATUS OF PROPOSAL REQUESTS Village Manager C Samuel Kissinger
reported on the status of the following proposal requests Property appraisers, May 29,
1992, RFP to be completed in June, Auditor, May 29, 1992, RFP Completed, Village
Engineer and Building official, May 29, 1992, RFP Completed, Master Plan to be
completed by May 22nd
8(c)2 POLICE CHIEF Village Manager C Samuel Kissinger reported that 90
applications had been received for the position of Police Chief for the Village
8(c)3 PAVING AND DRAINAGE PROJECT WEST HEATHER, HAMPTON AND
WOODCREST Village Engineer Carlos Penin submitted a report (attached to these fully
executed minutes) which he synopsized for the Board He added that the project would
begin May 13, 1992 With regard to the paving on Island Drive from Harbor Drive to
East of Mariner Drive, Village Manager C Samuel Kissinger reported that the County
declined to enter into a contract to complete the paving He reported that he will hire
a contractor to complete the project
8(c)4 BEAUTIFICATION PROGRAM Village Manager C Samuel Kissinger
submitted the attached summary of a proposed beautification program, in which he
recommended that the Board appropriate $5,000 for landscape architectural services to
partially prepare plans to implement the program and projects as outlined, the he be
authorized to prepare requests for proposal to retain landscape architectural services
for the village on an annual basis with funds to be allocated in the 1992 93 Annual
Budget, and that the Board Authorize the Manager to prepare bids for the maintenance
of those projects identified under section III of the proposal Trustee Sime moved that
the Board accept the recommendations of the Manager and grant such authorization
Vice Mayor Sullivan seconded the motion Following brief discussion, Trustee Brody
suggested that an item G be added in section III of the proposal to include the east
side of Fern wood as an area of periodic maintenance Trustee Stine accepted the
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amendment, as did Vice Mayor Sullivan The question was called and the Board voted
on the main motion which carried unanimously as follows C Brody Yes, M Fried Yes,
M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes
8(c)5 VILLAGE OFFICES OPEN HOUSE DATE ANT TIME FURNITURE
CUSTODIAL SERVICES WAIVER OF COMPETITIVE BIDS, UP TO $300 PER
MONTH FOR VILLAGE OFFICES No Discussion took place on this item
8(d) COMMITTEE REPORTS No Committee reports were heard
9 OTHER BUSINESS/GENERAL DISCUSSIONS No other business was discussed by
the Board
10 APPROVAL OF THE BILLS The attached bills were approved unanimously as
submitted
11 ANNOUNCEMENTS The next Board of Trustees Meeting, Tuesday, May 26, 1992, 7 00
p m , Key Biscayne Elementary School, cafeteria was announced
Special Goal Setting Session, 8 30 a m 2 00 p m , Saturday, May 30, 1992, Sheraton
Royal Biscayne Hotel, 555 Ocean Dr
12 ADJOURNMENT Mayor Conte adjourned the meeting at 10 25 p m following a
motion to adjourn by Trustee Fried was seconded by Trustee Rasco
Submitted for approval by
Beatris M Arguelles,
Recording Secretary
Approved this day of May, 1992, following a motion to approve by
seconded b y
each Board member voted as follows C Brody
M Fried ��, M Hill
Mayor Sullivan
Mayor Conte
J Rasco B Sime
Vice
Any person wishing to appeal any decision made by this Board with respect to any matter
considered at this meeting will need a record of the proceeding and for such purposes may need
to ensure that a verbatim record of the proceeding is made which record includes the testimony and
evidence upon which the appeal is made
ba
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