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HomeMy Public PortalAbout01-07-92 Special Council Meeting.tifMINUTES VILLAGE OF KEY BISCAYNE, FLORIDA SPECIAL WEEKLY BOARD OF TRUSTEES MEETING Tuesday, January 7, 1992 Key Biscayne Elementary School 1 CALL TO ORDER/ROLL CALL OF MEMBERS• Mayor Conte called the Meeting to order at 7 10 p m The following Trustees were also present Cliff Brody, Mortimer Fried, Michael Hill, Luis Lauredo, Joe Rasco and Vice Mayor Sullivan 2. INVOCATION Monsignor McKeever, St Agnes Academy, offered the invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4. APPROVAL OF THE MINUTES December 4, 1991 (Special Seaquarium Meeting) Trustee Lauredo requested clarification of Item D Village Attorney Richard Weiss suggested that a verbatim transcript of that section be provided to the Board Trustee Lauredo asked the Clerk to provide that transcript and moved to defer approval of these minutes until a transcript is distributed to the Board for review Mayor Conte seconded the motion which carried unanimously by the Board December 10, 1991 - Trustee Lauredo moved to approve the minutes as submitted Mayor Conte seconded the motion which carried unanimously December 17, 1991 - Trustee Brody moved to amend the minutes to reflect his affirmative vote (and Vice Mayor Sullivan's "No" vote) on item No. 7 (page 3 of 7) Trustee Lauredo moved that the minutes be approved as amended The motion was seconded by Trustee Fried 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS: Trustee Brody moved to add a report from the Attorney Re, Flooding on Crandon Boulevard The motion was seconded and passed unanimously Village Attorney Richard Weiss then read a letter dated December 31, 1991, from Walter Herndon, Director Metropolitan Dade County Dept of Public Works, which states that the flooding along Crandon Boulevard is being corrected 6 ORDINANCES - SECOND READING/PUBLIC HEARINGS - NONE 7 RESOLUTIONS NONE 8 BUILDING AND ZONING Trustee Cliff Brody A. HEARING No 91 -AV -338 - ADMINISTRATIVE VARIANCE 345 Gulf R Mr & Mrs Pierre Nafilyan requesting 1 of 7 1 NON-USE VARIANCE to permit a porte-cochere addition with a setback of 12 5' (25 0' required) from the front (West) property line 2 NON-USE VARIANCE to permit continued use of screen enclosure with a setback of 5 0' (6 0' required) from side (South) property line. 3 NON-USE VARIANCE to permit continued use of greenhouse structure with a setback of 6.3' (7 5' required) from side (South) property line Daniel Nieda, Building and Zoning Consultant, gave a brief summary of the requests and recommended Board of approval request No 2 and denial of request No 's 1 and 3 (complete summary attached) tary Madera representing the applicant, having duly recorded a Power of Attorney with the Clerk, reviewed the applicant's requests and urged Board approval, stating that the porte cochere will enhance the neighborhood and that the requests for continued use of the greenhouse structure and screen enclosure should be granted since these structures were in place prior to the applicant's acquisition of the property She stated that surrounding neighbors have signed off on the variance, thereby agreeing to the project Discussion ensued umong the Board regarding a Masterplan for the Village through which these various Variance requests may be addressed No further action was taken in this regard Resident Marie Kirk, representing the Key Biscayne Property Taxpayers Association, urged the Board of Trustees to deny the variance request, stating that structures should be made to conform to the Code Trustee Fried moved that request No 1 be denied, without prejudice, and that request No 's 2 and 3 be granted Trustee Lauredo seconded the motion, which carried unanimously (Resolution No Z-09-92 attached) 9 REPORTS AND RECOMMENDATIONS: A. MAYOR & TRUSTEES: 1 DISCUSSION RE HOLDING BI -MONTHLY (2nd & 4th Tuesdays) MEETINGS RATHER THAN WEEKLY, MAINTAINING THE 2ND TUESDAY AS THE DATE FOR THE REGULAR MONTHLY BOARD OF TRUSTEES MEETING - Placed on the Agenda by Mayor Conte (previous- ly deferred) - Trustee Fried moved that the Board of Trustees begin holding bi-monthly meetings (2nd & 4th Tuesday), maintaining the second Tuesday as the regular monthly meeting 2 of 7 date The motion was seconded by Trustee Rasco and carried unanimously by the Board 2 REQUEST FOR LEGAL REVIEW OF ISSUING BUILDING PERMITS WITHOUT ADEQUATE LOCAL PARKS - Placed on the Agenda by Trustee Brody Trustee Brody reported that a number of citizen's have filed lawsuits against the County in the past for issuing building permits without adequate local parks to support the construction He moved to direct the Attorney to look into the local parks issue as it relates to construction and advise the Board as to action that should be taken in this regard Trustee Hill clarified that the Attorney should specifically look into whether or not the Village is in violation of the law by issuing building permits without adequate parks Trustee Fried seconded the motion which carried uanimously 3. DISCUSSION RE APPOINTMENT OF A ZONING BOARD - Placed on the Agenda by Trustee Fried Trustee Fried moved that the Board of Trustees appoint a Zoning Board (consisting of seven members, one appointed by each Trustee and the Mayor) that will review zoning matters and make decisions with regard to zoning, zoning appeals will be heard by the Board of Trustees The motion was seconded by Trustee Rasco Following lengthy discussion umong the Board of Trustees, in favor of and in opposition to the motion, as well as comments from Residents, Trustee Fried withdrew the motion stating that it might be premature to create such a Board at this time He urged the Board to consider moving towards a Zoning Board in the future Trustee Lauredo asked that the Attorney enlighten the Board of Trustees as to ordinances, statutes and functions regarding Zoning Boards in other municipalities Regarding his role in Building and Zoning matters, Trustee Brody stated for the record, that his role in processing permits is simply a "Clerical" duty in that he does not approve plans, but mearly signs off on matters that conform to Code He stated that all variances that are requested, come before the Board of Trustees for recommendation and approval 4 STATUS REPORT ON REVENUE SHARING - Trustee Fried stated that he had contacted Rep Susan Guber regarding the Bill that will allow the Village to participate in the Revenue Sharing 3 of 7 Program He stated that she informed him that a Sponsor in the Senate would be needed, as well as other legislative materials He stated that subsequently Village Attorney Richard Weiss had been in contact with Rep Guber and had resolved the matters concerning the information she had requested He also reported that Sen Jack Gordon would be sponsoring the Bill in the Senate D VILLAGE ENGINEER - Carlos Penin - report on Water and Sewer Authority system improvement - 8" Force Main Construction - Mr Penin distributed the at- tached letter, asking that the trench resurfacing be changed to a half -road restoration, as opposed to resurfacing 1' to 2' only He stated that Dade County Public Works has suggested that a letter addressed to Walter Herndon be submitted requesting that the road be restored from edge of payment to edge of payment He requested authorization to submit such a correspondence to Mr Herndon Trustee Brody moved that the Board authorize the Village Engineer to draft the letter for the Mayor's signature Trustee Lauredo seconded the motion, which carried unanimously B. VILLAGE ATTORNEY - Richard Weiss reported as follows 1 Seaquarium - The Attorney stated that the Village's motion to substitute and full memo of law is complete and ready for filing He stated that in order to file, however, certain documents, which have been approved as to form by Gene Sterns (Attorney for the Council) must be executed by the Key Biscayne Council, Inc He stated that once those documents are received from the Council he will bring them to the Board of Trustees for approval of the assignment of the cause of action He added that once the documents are filed, a date for the hearing will be scheduled within one week 2 Revenue Sharing - The Attorney stated that he has contacted various entities including the Department of Revenue and the League of Cities in this regard, in order to ensure that there are no technical problems with the legislation in the future He added that the League of Cities has worked in the past with having "new municipalities" involved in the Revenue Sharing program and were very supportive in the Village's endeavor 3 Occupational licenses - The Attorney stated that occupational license fees can be an additional source of revenue for the Village 4 of 7 He stated that he has submitted a list of oc- cupational license fees charged by the Village of Bal Harbour, which can be used in establishing fees for Key Biscayne to Trustee Cliff Brody for review 4 Crandon Blvd Flooding - previously taken out of order (See item #5) 5 Transition Agreement with Dade County - The Attorney stated that an agreement should be ready by the end of the month for review by the Transition Committee and the Board of Trustees C COMMITTEE REPORTS 1 MASTERPLAN COMMITTEE - Chairman Frank Caplan, Chairman reported that the Committee met on December 18, 1992 and appointed him as Chairman, on an interim basis, for a period of three months He stated that Don Atwood was appointed as Vice Chair for the same period Mr Caplan also reported that A W Crowder has requested an opinion by the Attorney with regard to whether or not Committee Members are prevented from doing business with the Village, and requested that the Attorney opine on the question The Attorney stated that he did not issue an opinion in this regard because he felt that there was a procedural issue involved with regard to working on issues which the Board of Trustees were not aware of Following brief discussion, the consensus of the Board was that Committee members should not be prevented from doing business with the Village, provided that the bidding process if followed along with other bidders Mr Caplan also reported that the Committee voted unanimously to recommend that the Masterplan Committee be appointed (via Ordinance) as the Local Planning Agency (LPA) so that it may develop a Masterplan according to Statutory Law Following discussion umong the Board of Trustees regarding the possibility of the Board appointing itself as the LPA, the request was not granted, and no further action was taken in this regard Don Atwood, Committee Vice Chair, requested that the Board give the Committee guidance as to the purpose of the Committee By consensus, the Board instructed the Masterplan Committee to develop a time -table for the 5 of 7 development of a Masterplan, as well as an RFP for Masterplanners to prepare the Masterplan that will eventually be submitted to DCA 2 VILLAGE MANAGER SEARCH - Dr Steve Simon, Chair briefly reported that the Committee met on Saturday, January 4th and Sunday, January 5th to review applications received to date He stated that 24 names have been sent to James Parrish, Florida Public Management Group for his review and recommendation He added that letters have been sent to applicants being considered, as well as those that are not being considered further The Village Attorney suggested that the Board designate a person to respond to the Media with regard to questions relating the Village Manager Search Dr Simon stated that the members of the Committee have recommended that the Chairman respond to the Media By consensus, the Board designated Chairman Simon as the Media spokesperson for Village Manager Search issues D. VILLAGE ENGINEER - Item added to the Agenda previously taken out of order 10. OTHER BUSINESS/GENERAL DISCUSSION* A. APPROVAL OF THE ANHEISER-BUSH FAMILY FITNESS WEEKEND, MAY 15,16,17, 1992, TO BE HELD ON CRANDON BOULEVARD & RICKENBACKER CAUSEWAY - Placed on the Agenda by Vice Mayor Sullivan - Tom Ziebart, Exclu- sive Sports Marketing, gave a brief presentation regarding the Family Fitness Weekend He stated that the event will affect traffic on Sunday (5/17/92) for approximately one hour 30 minutes, adding however that traffic flow will not stop due to counterflow provisions He stated that the event has been taking place for the past six years, and requested Village Approval Vice Mayor Sullivan moved that the Board endorse the event, and write a letter to Dade County Public Works to that effect Trustee Lauredo seconded the motion, which carried unanimously (Letter attached) 11 APPROVAL OF THE BILLS The bills (totaling $2,606 22) presented via the attached memorandum, were unanimously approved after a motion to pay the bills by Trustee Fried was seconded by Trustee Lauredo 12 MEETING ANNOUCEMENTS The following meetings were announced A Next REGULAR BOARD OF TRUSTEES meeting, 7 00 p m Tuesday, January 14, 1992, Key Biscayne Elementary 6 of 7 School Cafeteria B SPECIAL BOARD OF TRUSTEES MEETING TO DISCUSS POLICE ISSUES - 7 00 p m , January 8, 1992, Sheraton Royal Biscayne, Ballroom C VILLAGE CLERK SEARCH COMMITTEE 7 00 p m Wednesday, January 8, 1992, Sheraton Royal Biscayne D MASTERPLAN COMMITTEE MEETING 7 30 p m , Thursday, January 9, 1992 Sheraton Royal Biscayne A pre - meeting "mini -meeting" to be held at 7 00 same location to review the Transition Committee report E. SEAL & MOTTO COMMITTEE MEETING 10 00 a m Saturday, January 11, 1992 at St Agnes Academy F. FIRE/RESCUE COMMITTEE MEETING - 4 30 p m , Monday, January 13, 1992, Village Clerk's office, 91 West McIntyre Street, Suite 201 13. ADJOURNMENT: Submitted for approval by Beatris M. Arguelles, Interim Village Clerk Approved th day of ed �� 199 After a motion by (� , Second the board voted as ollows: C.Brody M. Fried v t-Aos-f— J.Rasco Vice Mayor ullivan � ayor Conte Rafael lConte, Mayor Beatris M. Arguelles, Interim Village Clerk 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 7 of 7