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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 Page 1 of 6 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 Page 2 of 6 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 Page 3 of 6 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 Page 4 of 6 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 Page 5 of 6 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 Page 6 of 6