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HomeMy Public PortalAbout09-29-92 Special Council Meeting @ 8_00 p.m.tifVILLAGE OF KEY BISCAYNE, FLORIDA MINUTES Special Monthly Board of Trustees Meeting Tuesday, September 29, 1992 Key Biscayne Elementary School - Cafeteria 150 West McIntyre Street 1 CALL TO ORDER/ROLL CALL OF MEMBERS Mayor Rafael Conte Wield the meeting to order at 8.00 p m The following Trustees were also present Clifford Btiody, Mortimer Fried, Michael Hill, Joe I Rasco, Betty Q Sime and Vtcc Mayor Sullivan Also present were Village Manager C Samuel Kissinger, Village Attorney Richard Weiss, Interim Village Clerk/Finance Director lack Neustadt and Recording Secretary Bcatrls M Arguelles 2 APPROVAL OF THE MINUTES The minutes of August 28, September 1, add September 8, 1992 were approved as submitted by a unanimous vote of the Board 3 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS Trustee Brody moved that an item No 7(c)4, entitled 'Construction Debris Reiioval" be added to the Agenda Vice Mayor Sullivan seconded the motion which carried untintmously with each Trustee vulsng as follows Trustee Brody Yes, Trustee Friedr Yes Trustee Hill Yes,Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Corte Yes 4 ORDINANCES There were no ordinances on first or sec-ond reading 5 BUILDING AND ZONING NVLIC HIARINQ No. 92-9 KBT-2 (Deferred from the Meeting of September 9, 1992) APPLICANTS Mr & Mrs. ALEX ZANGEN, PROPERTY LOCATION: 2201GRICENWOOD DRIVE, REQUESTING 1 NON-USE VARIANCE OF SETBACK REQUIREMENTS TO PERMIT A PROPOSED SINGLE FAMILY RESIDENTS TO SETBACK 16 83' (35' REQUIRED) FROM THE FRONT (NORTH) PROPERTY LINE 2 NON-USE VARIANCE OF LOT COVERAGE REQUIREMENTS TO PERMIT 41 46% LOT COVERAGE (35% PERMITTED) Community Development Director Robin Sobriuo recommended that should this epplicataon be approved, the encroachment should not exceed 20", and recommended approval on a condition that the property remain a one story residence Following comments from the applicants, objections from the public, and diai.ussioa from the Board Trustee Hill moved that the Board refuse the request for a nonuse variance Trustee Fried seconded the motion which carried 6-1 with each 1 rustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes,Trustee Raaco NQ, Trustee Sime: Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 6 SEAL & MOTTO COMMITTEE REPOKI The Committee gave nu repokt, however, the Board authorized the Manager to arrange for a meeting to discuss the Seal & Motto Page 1 of 6 t,omntittee s final report 7 REPORTS AND RECOMMENDATIONS 7(a) VILLAGE ATTORNEY REPORT Village Attorney Weiss reported briefly on the Seaquanum matter which was scheduled for an October 12, 1992 hearing at 9 00 a m 7(a)1 STORMWATER UTILITY ORDINANCE AN ORDINANCE OF TIIE N ILLMGE OF KFV BISCAYNE. FLORIDA, ESTABLISHING A STORMWATER UTILITY SYSTFM FOR TIIE VILLAGE, MAKfINtr CERTAIN FINDINGS AND DETERMINATIONS, EST BLISHING A SCHEDULE OF RATES, ESTABLISHING A METHOD AND PRO EDURES FOR THE (,ULLECTION OF STORMWATER UTILITY FEES, PROVIDING GROUNDS AND FKU(WEDURES FOR ADJUSTMENT OF FEES, DIRF.CTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS, FSTA$LIS}IING A STORMWATER UTILITY TRUST FUND, PROVIDING FOR RFPEAL OF CONFLICTING ORDP4ANLES, PROVIDING SEVERAEILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE, -Illy.' e`tiON vLA101 %MO raarr.crws es.re., THE CODE AND AN EFFECTIVE DATE The Village Manager requested that a motion hp passed authorizing the negotiation of a contract whit Camp, Dresser & McKee, Inc for an engineering study Trustee Brody moved that the Board of Trustees authorize the Village Manager to negotiate a contract with Camp, Drcascr & McKee, Inc to prepare as engineering study to determine the rate schedule for the stormwater utility to he brought back to the Board of Trustees !us final approval, and that u a part of the background. information from other sources Also be obtained for comparnann Trustee Rasco seconded the motion wbia carried 6-1 with each Trustee voting as follows Trustee Brody Yes, Trustee Fried NQ, Tntetvc HIM Yes, Trustee Ranee Yea, Trustee Shur Yes, Vice Mayor Sullivan Yes, Msyor Conte Yes 7(a)2 ZONING AMENDMENT ORDINANCE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, REGULATING THE SIZE OF TEMPORARY CONSTRUCTION SIGNS, PROVIDING FOR SEV ERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Village Attorney Weiss suggested that the Manager Schedule the ordinance to be heard on first reading at the next special vacating The Board concurred 7(1)3 PROPOSED PEDDLERS ORDINANCE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, PROHIBITING SOLICITORS, PEDI)L,E.RS, HAWKERS, ITINERANT MERCHANTS, TRANSIENT VENDORS OF MERCHANDISE AND THEIR LIKE FROM ENGAGING IN TRADE WITHIN 1 HE VILLAGE UNLESS A PERMIT AUTHORIZING SUCH ACTIVITY IS OBTAINED FROM THE VILLAGE MANAGER, PROVIDING FOR SEV MA BILLTY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Following comments from the public and the Board the Board, via consensus, directed the Village Attuiucy to create such an ordinance Page 2 of 6 regarding peddlers, exempting non-profit organizations (t e Girl Scotts, Churches, Schools, etc ) 7(a)4 STATUS OF THE PURCHASE OF CRANDON/FERNWOOD PROPERTY Following a report by the Attorney, Trustee Fried moved that the Board of Trustees authorize the Village Manager and Attorney to embark on a fact finding mission with such facts to be brought back to the Board with a report/recomi4iendation for discussion The motion was seconded by Trustee Brody and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried. Yes, Trustee Hill Yes,Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sulllva* Yes, Mayor Conte: Yes 7(b) VILLAGE MANAGER REPORT Tlie Village Manager reported on the following 7(b)1 STATUS OF REQUEST FOR PROPOSALS The Village Manager reported on the status of the following Auditor, Village Engineer Building Official, and Landscape Architect 7(b)2 HURRICANE ANDREW UPDATE A CATCH BASIN RECLEANING PROGRAM Scheduled to begirt at the end of October or beginning of November B BEACH SIGNS THAT DESIGNATE SWIMMING AREA/NO BOATING IN ATLANTIC OCEAN ALONG KEY BISCAYNE. Replacement thereof is to be paid for by the Federal Emergency Management Agency (FEldA) C STATUS OF DEBRIS REMOVAL AND DISPOSAL The Village Manager recommended the extension of the Program by one week trustee Brody moved that the September 30th deadline be extended to October 5th Vice Mayor Sullivan seconded the motion which carried unanimously with each trustee voting as follows Trustee Brody Yes, Trustee Fried: Yes, Trustee Hill Yes,Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Coate Yes D BILL BAGGS CAPE FLORIDA STATE RECREATION AREA: The Manager urged that residents raise concerns and/or objections to the appropriate state representatives regarding burning of debris at Bill Beggs Park He reminded the Board and residents that a Resolution No 92-47 had been passed by the Board opposing burning of debris at the State Park E NORMAL OFFICE HOURS 8 30 a m - 4 30 p m to resume October 5, 1992 7(b)3 BEAUTIFICATION PROGRAM A CLEARING/ TRIMMING CONTRACT The Village Manager reported that the contract with the Good Earth has been revised and finalized with work to begin shortly B LANDSCAPE AND GROUNDS ROUTINE MAINTENANCE CONTRACT The Village Manager suggested that the commencement of the contract be held off Page 3 of 6 ( C CRANDON BOULEVARD BEAUTIFICATION PROJECT The Village Manager reported that 1 EMA will pay $100 per tree for replacement of trees lost in the Hurricane He also reported that appropriate approvals from the State and the County are being obtained D PROPOSED LANDSCAPING ORDINANCE The Village Measlier stated that a landscaping ordinance shall be presented to the Board at the next meeting for discussion E PROPOSED POLICY RE GRASS HEIGHT ENFORCEMENT! The Village Manager announced that the following administrative orders shall be issued AN ADMINISTRATIVE ORDER THAT LAWNS WHICH EMCEED 6' IN HEIGHT ARE DEEMED OVERGROWN REQUIRING OWNERS AND OCCUPANTS TO MAINTAIN THEIR YARDS AND LAWNS IN A TRIMMED AND MANICURED CONDITION; AND OWNERS/OCCUPANTS WHO ALLOW SUCH EXCESS GROWTH WILL BE PROSECUTED BY THE VILLAGE Discussion ensued among the Board as to whether or not such an administrative order was apropos Following such discussion, the Manager was instructed to enforce the administrative order solely on vacant lots and locations where the owner is not living in the dwelling F PROPOSED MOSQUITO CONTROL PROGRAM. The Manager announced that Howe Enterprises will provide mosquito control at a cost of $2,500 per aerial application to be billed at $2,500 per quarter for a minimum of four applications per year A starting date for the spraying had not yet been confirmed 7(b)4 QUARTERLY PROGRESS REPORT ON GOALS AND OBJECTIVES The Village Manager submitted the attached report 7(b)5 REFUSE COLLECTION STUDY The Village Manager suggested a refuse collection study be initiated The Board concurred and requested that a report on the results be issued 7(b)6 YOUTH DAY AT KEY BISCAYNE ELEMENTARY SCHOOL. The Village Manager announced that the Board and Staff have been asked to participate at 8 00 a m , Tuesday, October 13, 1992 7(c) MAYOR AND TRUSTEES 7(c) i U S POST OFFICE (951 CRANDON BLVD) Village Engineer Carlos Penin issued the attached report and requested direction from the Board as to which of the suggested solutions should be pursued Trustee Sime moved that the Post Office be asked to move the mailbox (presently on Crandon Blvd) be moved to the downstairs (inside parking area) Trustee Rasco seconded the motion Lengthy discussion ensued, after which the motion carried (6-1) with each Trustee voting as follows Trustee Brody Yes, Trustee Fried, Yes, Trustee Hill NQ, Trustee Rasco Yes, Trustee Slime Yes, Vice Mayor Sullivan Yes, Mayor Coate Yes Page 4 of 6 ( 7(c)2 ACQUISITION OF±30 ACRES OF A PORTION OF CRANDON PAR ADJACENT TO CALUSA PARK. The Village Attorney reported that since the Co aty Manager has been (and will continue to be for some time) in the midst of the "hurricane relief effort", he has hesitated to actively pursue the issue of acquisition or the acreage, adding that he will begin discussions again at a more appropriate time In the future 7(c)3 VILLAGE OFFICES, Vice Mayor Sullivan reported on the renovatio �a, adding that since the entire second floor had been damaged by the Hurricane the Bank (the landlord) is putting in new carpet 7(c)4 CONSTRUCTION DEBRIS Trustee Brody expressed concern over th0proliferation of construction debris around the Key R Sabrina reported that the Code does not require a construction site to be in any particular state during the progression of such construction She suggested that the Board look into a "mechanism for requiring enforcement" of debris clearing during construction She added that fan a hurricane situation, it is the contractors' responsibility to secure the debris in ordur to ensure the safety of the neighboring areas By consensus, the Board instructed the Manager and Staff to create such a "mechanism" 7(d) COMMITTEE REPORTS. 1 MASTER PLAN COMMITTEE. No report was given 8 RESOLUTIONS. The following resolution was read and a -copy shall be attachdd to these fully executed minutes A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AUTHVIRIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ROBERT K SWARTH VT, INC TO PREPARE THE COMPREHENSIVE MASTERDEVELOPMENT PLAN FOR THE VILLAGE Following comments from the public and discussion among the Board, Trustee Fried moved that the Board approve the resolution authorizing the Mayor to execute an agreement with Swarthout The Motion was seconded by Trustee Rasco and carried unanimously with each Trustee voting as follows Trustee Brody. Yes, Trustee Fried. Yes, Trustee Hill Yes,Trustee Rasco• Yes, Trustee Simi. Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 9 OTHER BUSINESS/ GENERAL DISCUSSIONS Interim Village Clerk Jack Neustadt announced that this would be the last meeting at which Beatris Arguelles would serve as Recording Secretary (acting Clerk) for the Village and that it would be tha last meeting at which he would serve as Interim Village Clerk, since the newly hired Clerk, Outdo Inguanzo, would commence his duties as Village Clerk beginning October 1, 1992 He thanked Ms Arguelles for her services to the Village Board and the residents Trustee Brody offered accolades to Jack Neustadt for his superb work in acting as both Clerk and Finance Director during the proceeding four months and thanked him for providing his services to the Village 10 MEETING ANNOUNCEMENTS The following announcements were mark E,OULAR MONTHLY JQAKD OF TRUSTEES ME TING, Tuesday, dctober 13, 1992, 7 00 p cn , Key Biscayne Elementary School, 150 West McIntyre Street SPECIAL. MON 'IILY_BOAR LIT USTEES MEETING Tuesday, October 27, 1992, 7 00 Page 5 of 6 p m , Key Biscayne Elementary School, 150 West McIntyre Street REGULAR MONTHLY $Q6RD OF TRUSTEES MEETING. Tuesday, November 10, 1992, 7 00 p m , Key Biscayne Elementary School, 150 West McIntyre Street SPECIAL MONTDI,Y, BOARD OF TRUSTEES MEETING., Tuesday, Novemiber 24, 1992, 7 00 p m , Key Biscayne Elementary School, 150 West McIntyre Street 11 ADJOURNMENT Mayor Conte adjourned the meeting at 10 40 p m following a motion to adjourn by Trustee Brody, seconded by Vice Mayor Sullivan Submitted for approval by Beatris M Arguelles, Recording Secretary Appoved this ---1 day of 0 1992 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