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
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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
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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
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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
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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
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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
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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
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