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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 Page 1 of 7 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 Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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 Page 5 of 7 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 Page 6 of 7 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 Page 7 of 7