HomeMy Public PortalAbout10-27-92 Special Council Meeting.tifOCTOBER 27, 1992
MINUTES
SPECIAL MEETING OF THE BOARD OF TRUSTEES
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 27, 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 at 7 00 p m Present were Trustees
Brody, Fried, Hill, Rasco, Sime, Vice Mayor Sullivan, and Mayor
Conte Also present were Village Manager Kissinger, Village
Clerk Inguanzo, Finance Director Neustadt, Community Development
Director Sobrino, and Attorney Weiss
2 INVOCATION. Monsignor William F McKeever, St Agnes
Catholic Church, offered the invocation
3 PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge
4 APPROVAL OF MINUTES Trustee Sime offered a correction to
the minutes of the Budget Meeting of September 29, 1992 The
corrected minutes for that meeting were approved by unanimous
consent Minutes from the Special Meeting of September 29, 1992
and the Regular Meeting of October 13, 1992 were also approved by
unanimous consent
5 AGENDA APPROVAL/ADDITIONS/DELETIONS/SUBSTITUTIONS: No
changes were made to the agenda
6 ORDINANCES
6-A-1 On First Reading, the following ordinance was deferred
with no discussion
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, REGULATING THE SIZE OF TEMPORARY
CONSTRUCTION SIGNS, PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE
7 BUILDING AND ZONING:
7-A Temporary Certificate of Use and Occupancy for C&C
Records, Inc , (65 Harbor Drive) Community Development Director
Sobrino stated that the applicant had requested to withdraw the
item Attorney Weiss advised the board Trustee Fried made a
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OCTOBER 27, 1992
motion to deny, seconded by Trustee Rasco The motion carried
unanimously (7-0) on a voice vote
7-B Public Hearing Number 92-10-kbt-1 Adair Alspach (180
Crandon Boulevard, #120) Community Development Director made
her recommendation for denial Mr Howard Sutter, attorney for
the applicant addressed the board Mr James Deen, the architect
on the project also addressed the board Ms Adair Alspach, the
applicant answered questions from the board The following
residents spoke in favor of the applicant Mr David Sheehan,
Ms Susan Westfall, Ms Dorathia Bailey, Mr Rick Lawrence, Ms
Kathryn Rhubee, Ms Tamara Starr, and Ms Henny Groschel-Becker
The following residents were opposed Ms Patty kaptzan, Mr Tony
Kaptzan and Ms Marie Kirk
After extensive discussion, Trustee Fried made a motion to
approve, seconded by Trustee Brody An amendment was offered to
the motion Trustee Fried made a motion to amend the original
motion to include the following restrictions No overnight stay
of animals, hours of operation limited to 8 00 a m to 7 00 p m
Monday - Friday, and 8 00 a m to 2 00 p m on Saturdays, and
enclosed uses only The amendment to the motion carried on a 5-2
roll call vote Trustee Rasco and Vice Mayor Sullivan voted No
The original motion carried on a 5-2 roll call vote Trustee
Hill and Vice Mayor Sullivan voted No
8 REPORTS AND RECOMMENDATIONS:
8-A VILLAGE ATTORNEY:
8-A-1 Attorney Weiss discussed the following ordinance
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE
COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO
ARTICLE 8 OF THE VILLAGE CHARTER, DELETING SECTION 33-36 1
ENTITLED ADMINISTRATIVE VARIANCES", PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
There was a discussion by the Trustees With consent from the
board, Attorney Weiss stated that the ordinance will advertised
and placed on first reading at an upcoming meeting
8-A-2 Attorney Weiss discussed the following ordinance
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE
COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO
ARTICLE 8 OF THE VILLAGE CHARTER, AMENDING SECTION 33-
311(e)(2), PROVIDING THAT NON-USE VARIANCES MAY BE GRANTED
ONLY UPON A SHOWING THAT A LITERAL ENFORCEMENT OF THE
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OCTOBER 27, 1992
ZONING CODE WOULD RESULT IN UNNECESSARY HARDSHIP;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
After a discussion by the board, it was the consent of the
Trustees to take no further action on this ordinance at the
present time
8-A-3 Attorney Weiss discussed the following ordinances•
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
PROHIBITING SOLICITORS, PEDDLERS, TRANSIENT VENDORS OF
MERCHANDISE AND THE LIKE FROM ENGAGING IN TRADE WITHIN THE
VILLAGE, REQUIRING PERMITS FOR CHARITABLE AND RELIGIOUS
SOLICITATION, PROVIDING FOR REPEAL OF CONFLICTING
PROHIBITIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
PROHIBITING SOLICITORS, PEDDLERS, TRANSIENT VENDORS OF
MERCHANDISE AND THE LIKE FROM ENGAGING IN TRADE WITHIN THE
VILLAGE UNLESS A PERMIT AUTHORIZING SUCH ACTIVITY IS
OBTAINED FROM THE VILLAGE, REQUIRING PERMITS FOR
CHARITABLE AND RELIGIOUS SOLICITATION, PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
The board discussed each of the two ordinances The board
requested that Attorney Weiss simplify the ordinance to address
the off -island peddlers and not regulate charitable and religious
organizations
Attorney Weiss provided an update on the Lipton case He stated
that the negotiated settlement will be legally enforceable
Attorney Weiss provided an update on the Rebozo property issue
Mr Ed London addressed the board on this item and suggested that
a best use analysis of the property could be beneficial prior to
making an offer Mr R Llorente also addressed the board
It was the consent of the board that Attorney Helfman meet with
Mr London to discuss the proposal
After a discussion by the board, Vice Mayor Sullivan made a
motion to offer $5 million, no financing/cash only, for the
property, seconded by Mayor Conte The motion carried on a 5-2
roll call vote Trustees Hill and Sime voted No
8-B VILLAGE CLERK: Clerk Inguanzo announced the election for
Vice Mayor scheduled, as per the Village Charter, for the
November 10, 1992, Regular Meeting
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OCTOBER 27, 1992
8-C VILLAGE MANAGER:
8-C-1 Manager Kissinger announced Youth Day at Key Biscayne
Elementary School, scheduled for Tuesday, November 10, 1992 at
8 30 a m
8-C-2 HURRICANE ANDREW PROGRESS REPORT
8 -C -2-a Debris Removal Manager Kissinger informed the board
that a final debris removal process will take place during the
week.
8 -C -2-b Bill Baggs Cape Florida State Recreation Area Manager
Kissinger reported that work was to begin during the week
Trustee Sime thanked individuals who helped to prevent burning of
debris at the park Trustee Sime moved that certificates of
appreciation be presented to these individuals The motion was
adopted on a unanimous voice vote
8 -C -2-c Crandon Boulevard Landscape Manager Kissinger reported
that Dade County is planning to re -plant the median along Crandon
Boulevard
8 -C -2-d Financial Reimbursement by FEMA
submitted a report
Manager Kissinger
8 -C -2-e Stormwater Utility Progress Report
submitted a report
Manager Kissinger
8-C-3 Virginia Key Compost Operation The board discussed the
issue
8-C-4 Development of Calusa Park Master Plan Manager
Kissinger suggested a three year plan for development of the
park Trustee Rasco suggested that the Recreation Department and
Master Plan Consultant suggest a plan
8-C-5 Copy of Advertisement for Police Officer Copy of the
advertisement was submitted to the board
Manager Kissinger announced that a contract for $4,500 was
negotiated with Good Earth for completion of previous hurricane -
related work
Trustee Sullivan asked the manager about the progress of a
newsletter Manager Kissinger said he expects to have one
published in the next quarter Trustee Sullivan also discussed
the Storm Water Utility and possibility of FPL installing
underground power lines
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OCTOBER 27, 1992
8-D MAYOR AND TRUSTEES:
8-D-1 LPA/MASTER PLAN Trustee Sime discussed
distributed throughout the Village
8-D-2 PUBLIC PARTICIPATION AT BOARD MEETINGS
the notices
Trustee Sime
discussed citizen's suggestions on the public participation
process at board meetings. The board agreed to allow residents
to register at any point prior to the item being heard Trustee
Sime made a motion to incorporate a new agenda item -- PUBLIC
PARTICIPATION -- as item #1 at the Special Meeting of the Board
of Trustees each month with speakers limited to a five minute
presentation and a thirty minute maximum time for the item
Trustee Rasco seconded the motion and was adopted unanimously by
a 7-0 voice vote
8-E COMMITTEE REPORT: No committee reports were submitted
9 RESOLUTIONS:
9-A Trustee Hill made a motion to adopt the following
resolution, seconded by Trustee Sime
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT ON BEHALF OF THE
VILLAGE WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, PROVIDING FOR AN EFFECTIVE DATE
The resolution was unanimously adopted by a 7-0 voice vote
9-B The following resolution was deferred
RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO DIRECT
O'LEARY DESIGN ASSOCIATES TO PREPARE PLANS,
SPECIFICATIONS, AND CONDUCT ANY AND ALL ENGINEERING
SERVICES TO IMPLEMENT THE REIMBURSEMENT GRANT
10 OTHER BUSINESS/GENERAL DISCUSSION: No other business was
discussed
11
MEETING ANNOUNCEMENTS:
A LOCAL PLANNING AGENCY PUBLIC WORKSHOP
WEDNESDAY, OCTOBER 28, 1992
KEY BISCAYNE COMMUNITY CHURCH
355 GLENRIDGE
KEY BISCAYNE, FLORIDA 33149
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OCTOBER 27, 1992
B SPECIAL BOARD OF TRUSTEES MEETING (FEMA)
THURSDAY, OCTOBER 29, 1992
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
C REGULAR BOARD OF TRUSTEES MEETING
TUESDAY, NOVEMBER 10, 1992
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
D LOCAL PLANNING AGENCY MEETING
TUESDAY, NOVEMBER 17, 1992
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
E SPECIAL BOARD OF TRUSTEES MEETING
TUESDAY, NOVEMBER 24, 1992
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
F REGULAR BOARD OF TRUSTEES MEETING
TUESDAY, DECEMBER 8, 1992
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
G LOCAL PLANNING AGENCY MEETING
TUESDAY, DECEMBER 15, 1992
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
H REGULAR BOARD OF TRUSTEES MEETING
TUESDAY, JANUARY 12, 1993
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
I LOCAL PLANNING AGENCY MEETING
TUESDAY, JANUARY 19, 1993
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
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OCTOBER 27, 1992
J SPECIAL BOARD OF TRUSTEES MEETING
TUESDAY, JANUARY 26, 1993
KEY BISCAYNE ELEMENTARY SCHOOL
150 WEST MCINTYRE STREET
KEY BISCAYNE, FLORIDA 33149
12 ADJOURNMENT: The meeting was adjourned at 10 40 p m
Approved this /0 day of N O r -e-''"- r1-YN , 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
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