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Home My Public Portal About09-09-92 Regular Council Meeting.tif_M I NUT E S REGULAR MEETING OF THE BOARD OF TRUSTEES VILLAGE OF KEY BISCAYNE WEDNESDAY, SEPTEMBER 9, 1992 KEY BISCAYNE ELEMENTARY SCHOOL 150 WEST MCINTYRE STREET 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte Present were Trustees Brody, Fried, Hill, Rasco, Sime, Vice Mayor Sullivan, and Mayor Conte Also Present were Village Manager Kissinger, Acting Village Clerk Neustadt, Community Development Director Sobrino, Village Attorney Weiss, Village Attorney Serota, and Village Engineer Penin 2 INVOCATION: The invocation was led by Reverend Patrick Arnold, Key Biscayne Community Church 3 PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge 4 APPROVAL OF MINUTES: By unanimous consent, the minutes of the Special Meeting of August 20, 1992 were approved 5 AGENDA: No changes were made to the agenda 6 ORDINANCES: The following ordinance was discussed under second reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT PROVIDING FOR AN EFFECTIVE DATE "An Trustee Sime made a motion to approve, seconded by Vice Mayor Sullivan The motion was approved by a unanimous (7-0) roll call vote 7 BUILDING AND ZONING: 7-A Endorsement of Release of Unity of Title by Metro -Dade County (690-700 Harbor Drive) Trustee Fried made a motion to endorse Metro -Dade County's Release of the Unity of Title combining lots 9 and 10, Block 19, Biscayne Key Estates as recorded in Plat Book 50 at Page 61 of the Public Records of Dade County The motion was seconded by Trustee Rasco and adopted by a unanimous (7-0) vote Page 1 of 5 7-B Public Hearing Number 92-9-KBT-1, Mr Jorge and Olga Garcia Montes (141 Harbor Drive) The applicant requested a non-use variance of setback requirements to permit a proposed addition to an existing single family residence to setback 15', where 25' are required, from the rear property line A motion was made by Trustee Brody to deny, seconded by Vice Mayor Sullivan The motion was adopted by a 4-3 roll call vote Trustees Brody, Hill Sime and Vice Mayor Sullivan voted Yes Trustees Fried, Rasco and Mayor Conte voted No 7-C Public Hearing Number 92-9-KBT-2, Mr and Mrs Ale Zangen (220 Greenwood Drive) The applicant requested a non-use variance of setback requirements to permit a proposed single family residence to setback 14', where 25' are required, from the front property line and to setback 4', where 7 5' required, from the interior side property line A motion was made by Trustee Rasco to defer this item, seconded by Trustee Hill The motion was adopted on a unanimous (7-0) vote 8 SPECIAL REPORT: No report was submitted 9 REPORTS AND RECOMMENDATIONS: 9-A Village Attorney Attorney Weiss discussed a code enforcement ordinance (# 9-A-5) Attorney Serota discussed the Lipton Lawsuit Settlement (#9-A-6) Trustee Fried made a motion to authorize the Village Attorney to enter into discussion with the County Attorney regarding the Lipton matter The motion was seconded by Trustee Sime and was adopted by a unanimous (7-0) roll call vote Attorney Weiss reported on the Stormwater Utility Village Engineer Penin addressed the board on this matter (#9 -A -1-b) Attorney Weiss reported on policy for Village Legal Notices Attorney stated that the Village can advertise in The Islander for regular notices For zoning ordinances, the Village must advertise in Miami Review or Miami Herald (#9-A-2) Discussion of the Peddlers Ordinance was deferred (#9-A-4) Attorney Weiss reported on Land Acquisition Policy It was the consensus of the board to defer this item (#9-A-7) The mayor considered the following resolutions prior to the Manager's report 10 RESOLUTIONS: 10-A The following resolution was discussed Page 2 of 5 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER OR HIS DESIGNEE TO TRANSMIT _SURPLUS FUNDS TO THE_U S GOVERNMENT ADVISORY PROGRAM FOR FLORIDA LOCAL GOVERNMENT FOR INVESTMENT AND TO WITHDRAW SURPLUS FUNDS FROM THE U S GOVERNMENT ADVISORY PROGRAM FOR FLORIDA LOCAL GOVERNMENT UPON NOTICE AND PROVIDING FOR AN EFFECTIVE DATE Trustee Fried made a motion to approve, seconded by Trustee Sime The motion was adopted by a unanimous (7-0) voice vote 10-B The following resolution was discussed A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE OPPOSING METRO DADE COUNTY'S ORDINANCE INCREASING THE COUNTY'S SHARE OF CABLE TV FRANCHISE FEES FOR INCORPORATED AREAS FROM TWO PERCENT (2%) TO THREE PERCENT (3%) Trustee Brody made a motion to approve, seconded by Trustee Fried The motion was adopted by a unanimous (7-0) vote 10-C The following resolution was -discussed A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE SUPPORTING METRO-DADE COUNTY'S ORDINANCE PROVIDING FOR THE DISTRIBUTION OF DISABLED PARKING FINES Trustee Fried made a motion to approve, seconded by Trustee Rasco The motion was adopted by a unanimous (7-0) vote 10-D The following resolution was discussed A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING ITS DESIRE TO PLAN FOR AND ACHIEVE SAFE PEDESTRIAN AND BICYCLE CIRCULATION FOR THE VILLAGE RESIDENTS, AUTHORIZING THE MAYOR TO APPLY FOR FUNDS FROM THE DADE COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) PURSUANT TO RESOLUTION NO MPO - 20-92 BY SAID BODY, PROVIDING FOR AN EFFECTIVE DATE Trustee Fried made a motion to approve, seconded by Trustee Sime The motion was adopted by a unanimous (7-0) vote 10-E The following resolution was discussed A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL NECESSARY ACTIONS TO TERMINATE CERTAIN PUBLIC WORKS, STORMWATER, PARKS AND RECREATION, ATHLETIC FIELD, AND INTERNATIONAL TENNIS CENTER SERVICES NOW BEING PROVIDED BY METROPOLITAN DADE COUNTY AS LISTED IN PARAGRAPH II(B) OF THE Page 3 of 5 INTERLOCAL AGREEMENT -BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE, AND PROVIDING FOR AN EFFECTIVE -DATE - The resolution was amended to delete public works Trustee Brody made a motion to approve as amended, seconded -by Trustee Fried The motion was adopted by a unanimous (7-0) vote At this point the Mayor returned to Reports and Recommendations 9-B Village Manager The Manager submitted his reports 9-B-3 Trustee Sime made a motion to award contract to Gorgeous Lawns and Gardens in the amount of $2,440 monthly and the funds to be charged to the 1991-92 annual budget for public works projects and 1992-93 budget account for park improvements The motion was seconded Trustee Fried and was adopted by a unanimous (7-0) voice vote 9-C Mayor and Trustees 9-C-1 Trustee Sime reported on the U S Post Office (951 Crandon Boulevard) matter 9-C-3 Trustee Rasco reported on the progress of acquisition of 30 acres of a portion of Crandon Park adjacent to Calusa Park 9-C-4 Vice Mayor Sullivan reported on the progress of the Second Floor Renovations at the Village Offices 9-C-5 Trustee Fried discussed an Entrance Sign 9-C-6 The Manager discussed an Inter -local Agreement between Dade County and Key Biscayne 9-C-7 Vice Mayor Sullivan discussed a petition policy The board agreed that it would be appropriate for petitions to be signed at the Village Office if the Board, through resolution, has indicated its_support for a particular issue 9-D Committee Reports No report was submitted 11 OTHER BUSINESS\GENERAL DISCUSSION: There was no further business 12 SCHEDULE OF FUTURE MEETINGS: A schedule was submitted ( Page 4 of 5 13 ADJOURNMENT: The meeting adjourned at 10 45 p m Approved this l Qi-L day of ti•-30q`A-''''--4-"'. 1992 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF TRUSTEES WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 5 of 5