HomeMy Public PortalAbout12-17-91 Special Council Meeting.tifMINUTES
VILLAGE OF KEY BISCAYNE, FLORIDA
SPECIAL WEEKLY MEETING OF THE BOARD OF TRUSTEES
December 17, 1991, 7 00 p m
Key Biscayne Elementary School, Cafeteria
1 CALL TO ORDER AND ROLL CALL The meeting was called to order by
Mayor Rafael Conte at 7 05 p m The following Trustees were also
present Clifford Brody, Mortimer Fried, Luis Lauredo, Joe Rasco,
and Vice Mayor Ray Sullivan, providing a quorum Trustee Hill was
not present
2 INVOCATION Pat Arnold, Assistant Pastor, Key Biscayne
Presbytarian Church offered the invocation
3 PLEDGE OF ALLEGIANCE. Mayor Conte led the Pledge of Allegiance
4 APPROVAL OF THE MINUTES Trustee Lauredo moved to defer approval
of the December 4, 1991 minutes Mayor Conte seconded the motion,
which carried unanimously (6-0)
5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS. Trustee Rasco asked
that a Proclamation honoring the Islander News as a Key
Contributor of Community Service in honor of the Newspaper's 25
Anniversary of publication, be added to the Agenda He read the
Proclamation to the Board and moved its approval The motion was
seconded by Vice Mayor Sullivan and approved unanimously (6-0) by
the Board Each Trustee was asked to sign the Proclamation, which
was presented to Anne Owens, Publisher of the Islander News
6 ORDINANCES
FIRST READING No 91-06
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA;
ADOPTING A BUDGET FOR FISCAL YEAR 1991-92 PURSUANT TO
SECTION 8 08 OF THE CHARTER OF THE VILLAGE OF KEY
BISCAYNE AND PROVIDING FOR AN EFFECTIVE DATE.
Attorney Richard Weiss reported that pursuant to the Charter,
Emergency Ordinances are only effective for a period of 90 days
and that the Emergency Ordinance providing for adoption of the
Budget will expire in January He also reported that he and the
Clerk have adopted a procedure of placing permanent Ordinances on
the Agenda, accordingly replacing emergency Ordinances
Trustee Lauredo moved that Ordinance 91-06 be approved on first
reading Mayor Conte seconded the motion, which carried
unanimously by the Board
7 SPECIAL REPORT" Recommended Course of Action regarding the
Seaquarium Project by the Attorney Joe Serota reported that the
Key Biscayne Council, Inc has filed an extension (5 - 7 days) of
the brief due for the appeal of the variance and unusual use and
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special exception (the variance deals with the parking and signage
issues) He stated that the extension has been filed by the
Council so as to allow time for the Board of Trustees to discuss a
course of action in that regard
He also reported that the there are no time limits with regard to
the "Verified Complaint" Lawsuit, which challenges the Seaquarium
Project as a violation of the Comprehensive plan He reported
that he is pursuing a course of action which substitutes the
Village of Key Biscayne for the Key Biscayne Council, Inc in the
Lawsuit He added that, should the request for substitution not
be granted, intervention would be sought permitting the Village to
travel on the claims of the Key Biscayne Council, Inc He stated
that this Verified complaint is a new lawsuit, which will take six
months to a year for the complaint to be heard, adding that it
will most likely be contested He also stated that some of the
Trustees, as well as residents of the Village, may be called upon
to give testimony (depositions) at the hearing to grant permission
to substitute or intervene He also reported that once a determi-
nation has been made by the Court as to substitution or
intervention, a discovery process will take place that will entail
the taking of depositions, hiring of "experts" (or use of the KBC,
Inc experts), etc , and upon conclusion of this process, the case
will be set for trail He stated that the Challenge that the
Project is inconsistant with the Comprehensive Plan (traffic,
beach access and environmental preservation issues) would have to
be proven He stated that this is one of the recommended courses
of action for the Village
Steve Helfman reported that he has been dealing with the Appeal of
the Variance He stated that it appears that Marine Exhibition
Corp (Seaquarium) will need an additional public hearing before
they can proceed with the development, and those elements of which
the Board of Trustees and KBC, Inc was most concerned (including
the "Wet & Wild") He stated that the KBC, Inc was willing to
withdraw their appeal based on the fact that additional public
hearings will be needed He reported that he has been working
with Alan Gold, Gene Stearns and the County in trying to confirm
that additional public hearings will be required, adding that
should an agreement be confirmed, the Council will withdraw their
appeal, because they feel they will have adequate protection in
the future, through other public hearings, which can be appealed
He stated that should this happen, the Village will not have to
file an amicus brief, intervention or otherwise He stated that
two separate written agreements are being discussed, one from the
Village and one from the KBC, Inc where the County and Marine
Exhibition Corp will agree that nothing beyond what is listed
(only those parking spaces - 895 - presently attributed to each
type of use) in Exhibit "C" of the Development Order can occur
without a public hearing, assuring additional public hearings
will be held
Trustee Lauredo moved to authorize the Attorney to proceed along
the lines recommended with regard to the appeal, and to continue
with execution of the agreement as outlined by the Attorney The
motion was seconded by Trustee Fried Discussion ensued Vice
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Mayor Sullivan voiced his opposition to the motion stating that
to remove the appeal would be synonymous to removing one of the
"guns" that can be used against the Project Trustee Rasco also
voiced his opposition, stating that additional information with
regard to whether or not the presently allocated parking spaces
were approved according to code, or if they required variances
for the spaces
Following further comments of opposition to the motion by Trustee
Rasco and Vice Mayor Sullivan, Trustee Lauredo argued that the
agreement does not waive any of the rights of the Village to
oppose the Project Trustee Lauredo subsequently called the
question, and the motion carried by a 4-2 vote of the Board of
Trustees, with each Trustee voting as follows
Trustee Brody Yes Trustee Fried Yes
Trustee Hill Abs Trustee Lauredo Yes
Trustee Rasco Nay Vice Mayor Sullivan Nay
Mayor Conte Yes
Joe Serota reported that he will proceed as directed by the
Trustees with the Appeal, as well as with the lawsuit challenging
the entire project
Richard Weiss asked that the Board take item 9 (B)1 out of order
Trustee Lauredo moved that the request be granted Trustee Rasco
seconded the motion, which carried unanimously (6-0) by the Board
9(B) 1 STATUS OF VMS DONATIONS - Steve Helfman reported as part of
the approval of the Key Biscayne Hotel and Villas (VMS
project), a commitment was made in a voluntary covenant to
make certain monetary contributions to various entities and
Dade County Departments He distributed to each Trustee and
the Mayor a memorandum describing each of the contributions
(A copy was also submitted to the Clerk to be attached to the
Executed Minutes of this meeting) Attorney Helfman
summerized each contribution, stating whether or not the
contribution has been made He stated that the covenant
was set forth in September 27, 1989, however, the Project
was down -sized in July, 1991 and that the covenant has not
been modified to reflect the reductions, therefore the
requirements are inconsistent with the current approvals He
stated that he had spoken to the Attorneys for the developer,
who advised him that they will be filing a request to modify
some of the contributions to be consistent with the number of
units of the development, and that they will make the full
amount of the payment
With regard to the contribution that will go towards Parks
(Item #5 of the memorandum from Steve Helfman), Trustee
Lauredo moved that the Board of Trustees authorize the
Attorney to request that the Developer (of the VMS Project)
deposit the funds in an escrow account on behalf of the
Village of Key Biscayne for the purpose of acquisition and/or
improvement of land, and athletic programing and equipment
for residents of the Village of Key Biscayne The motion was
MINUTES - 12/17/91
Page 3 of 7
seconded by Trustee Rasco, and carried unanimously (6-0) by
the Board
With regard to the contribution that will go towards Fire
(Item #1 of the memorandum), Trustee Brody moved that the
Board of Trustees authorize the Attorney to negotiate with
Dade County and the Developer with regard to maintaining the
contribution for the purpose of benefiting the fire
service/station within the Village of Key Biscayne The
motion was seconded by Trustee Fried, and carried unanimously
(6-0) by the Board
8. RESOLUTIONS None
Trustee Brody moved to take item 10 (A) out of order The motion was
seconded by Trustee Lauredo and carried unanimously (6-0)
10 OTHER BUSINESS/GENERAL DISCUSSIONS
A STATUS REPORT RE WINN DIXIE - Mr Fraga, representing the
Shopping Center, gave an overview of construction that will
take place at the Shopping center He stated that all
efforts are being made to minimize the interuption to the
existing businesses by scheduling site -work into different
stages/phases He stated that the Winn Dixie will close on
January 15th, but will provide free delivery of groceries to
residents Jefferson National Bank will close (relocate) on
January 14th Mr Fraga stated that everything that was
asked by the Key Biscayne Council, Inc has been incorporated
in the Project He also stated that signage for the shopping
center is uniform, adding that each tenant (presently in the
shopping center) has been given the signs free of charge, and
that the Leases for future tenants contain language stating
that the tenant must use the signs presently in use (re size
& color) He requested that the Board pass an ordinance in
the future with regard to signage within the Village
9 REPORTS AND RECOMMENDATIONS
A MAYOR AND TRUSTEES
1 BUILDING AND ZONING UPDATE - Trustee Brody briefly
summerized the Building and Zoning actions that have
taken place to date He stated that the Post Office
Public Hearing will take place on January 14th
2. OFFICE EQUIPMENT AND CONSTRUCTION (BUILD -OUT) -
(previously deferred) - Vice Mayor Sullivan reported
that Trustee Brody has reviewed the bids for the
Computers and asked for his recommendations Trustee
Brody reported that he reviewed the bids with respect to
capability and use of the machine and stated that the
386 machine would be compatible with the use for the
Village Trustee Lauredo moved to instruct the Village
Clerk to purchase the Zeos 386/25 with the less
expensive printer (HPIII) The motion was seconded by
Vice Mayor Sullivan and carried unanimously (6-0)
MINUTES - 12/17/91
Page 4 of 7
With regard to the Construction Build -Out, Vice Mayor
Sullivan stated that Robert Brookes of the Key Biscayne
Bank has solicited various bids for construction He
stated that he will give a complete status report to the
Board in January
3 DISCUSSION RE DUTIES OF THE INTERIM VILLAGE CLERK -
Vice Mayor Sullivan directed the attention of the Board
to the attached list of duties for the Interim Village
Clerk and asked that the Board approve the duties of the
"Interim Village Clerk" as submitted Trustee Lauredo
moved that the duties be approved Trustee Brody
seconded the motion, which carried unanimously (6-0)
4 DISCUSSION RE JOINING THE DADE COUNTY LEAGUE OF CITIES,
INC APPOINTING A REPRESENTATIVE (AND AN ALTERNATE) FROM
THE BOARD TO REPRESENT THE VILLAGE ON THE LEAGUE'S BOARD
OF DIRECTORS Trustee Lauredo moved that the Village
Join the League of Cities (at pro -rated dues of $513 86)
appointing Trustee Rasco as the Representative and
Trustee Fried as the Alternate The motion was seconded
by Trustee Rasco, and carried unanimously (6-0) by the
Board
B VILLAGE ATTORNEY
1 STATUS OF VMS DONATIONS - previously taken out of order
2 STATUS OF ORDINANCES - Previously discussed in item 6
3 STATUS OF SALES TAX REVENUE SHARING - Richard Weiss
stated that in order to be eligible for revenue sharing
the Village would have had to have levied the sum of
three Mills, during the prior fiscal year He stated
that in order for the Village to participate in the
program, the State Law will have to be amended He
suggested that this might be slightly controversial,
since it involves taking some of the funds from other
municipalities He stated that the process involves a
great deal of lobbying He also stated that Jack Gordon
and Susan Guber are prepared to go ahead with the
amendment Trustee Lauredo urged the Attorney to move
forward with the amendment The Board concurred
Richard Weiss also reported that he has met with the
County and he is working out a "Master" Transition
Agreement that will contain specific paragraphs on each
item type, while contemplating a further agreement at
the time the Village is prepared to withdraw a
particular item from the agreement (i e the time
period for implementation of Police Services) He stated
that further negotiations will take place (with the
Transition Committee, Trustee Lauredo in conjuction with
Commissioner Dusseau and Commissioner Ruvin) with regard
to the exact amounts to be allocated for each item
Trustee Lauredo asked if there is a specified date (by
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Page 5 of 7
the County) with respect to withdrawing certain services
(i e Police) Richard Weiss responded that the only
service that requires a minimum of six months
notification, is the Fire services (by April 1st)
C CONSULTING ENGINEER - Report on the status of work being done
by Miami -Dade Water and Sewer - Carlos Penin submitted the
attached report, which he verbally summerized Mr Penin was
asked to contact WASA and urge that roads be improved to the
fullest extent when they are torn up (while work is being
done on the sewer systems) Rather than simple patching of a
small section, that a large portion of the road be restored
D COMMITTEE REPORTS
1 MASTERPLAN COMMITTEE - Interim Chairman Frank H Caplan
requested that the Board of Trustees appoint three
additional members to the Committee, Carol Updegrave,
Jose Ferreyros, and Patricia Romano Trustee Lauredo
moved that the request be granted The motion was
seconded by Trustee Rasco The question was called and
the motion failed (due to a tie) with the Board voting
as follows
Trustee Brody Nay Trustee Fried Nay
Trustee Hill Abs Trustee Lauredo Yes
Trustee Rasco Yes Vice Mayor Sullivan Nay
Mayor Conte Yes
Trustee Lauredo requested that this item be brought back
at a later date for further discussion
2. VILLAGE MANAGER SEARCH - Dr Steve Simon reported that
the Committee will meet on Saturday, January 4 and
Sunday, January 5, 1992 in order to review, as a group,
applications received to date
10 OTHER BUSINESS/GENERAL DISCUSSIONS
A. STATUS REPORT RE WINN DIXIE - previously discussed
11 APPROVAL OF THE BILLS The attached bills were approved for
payment following a Motion to approve by Trustee Lauredo, seconded
by Trustee Brody
12 MEETING ANNOUNCEMENTS The following meetings were announced
A SPECIAL WEEKLY BOARD OF TRUSTEES MEETING, 7 00 P M , TUESDAY,
JANUARY 7 1002, KEY BISCAYNE ELEMENTARY SCHOOL CAFETERIA
B SPECIAL MEETING TO DISCUSS ISSUES REGARDING POLICE, 7 00
P M , WEDNESDAY, JANUARY 8, 1992, LOCATION TBA
C VILLAGE CLERK SEARCH COMMITTEE MEETING 7 00 P M , WEDNESDAY,
DECEMBER 18, 1991, AT THE SHERATON ROYAL BISCAYNE
D SEAL & MOTTO COMMITTEE, 10 00 A M , SATURDAY, DECEMBER 21,
1991, ST AGNES ACADEMY
MINUTES - 12/17/91
Page 6 of 7
13 ADJOURNMENT The meeting was ad:ourned by Mayor Conte at 9 53 p m
after a motion by Trustee Lauredo, seconded by Trustee Rasco
Submitted for approval by
Beatris M Arguelles,
Interim Village Clerk
.r►-LeAr
Approve this fr day of
1997--, after a motion made
by s econd e d by '-)SAALA.t o
Q
the Board of Trustees voted as follows .... n ,,.,Mm,iza..u,o
C Brody \ M Fried
Vice Mayor ullivan Mayor Conte F
Beatris M Arguelles,
Interim Village Clerk
M Hill L Lauredo
J Rasco
Rafael C nte, Mayor
Any person wishing to appeal any decision made by the Board with
respect to any matter considered at this meeting, will need a record of
the proceeding, and for such purposes may 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
MINUTES - 12/17/91
Page 7 of 7
WEISS SEROTA & HELFMAN, P A
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI FLORIDA 33133
STEPHEN J HELFMAN
GILBERTO PASTORIZA
ELLEN NOLEN SAUL
JOSEPH H SEROTA
RICHARD JAY WEISS
TELEPHONE (305) 854 0800
TELECOPIER (305) 854 2323
MEMORANDUM
BROWARD OFFICE
500 SOUTHEAST 6 H STREET
SUITE 200
FORT LAUDERDALE FLORIDA 33301
TELEPHONE (305) 763 1189
TO The Village of Key Biscayne
Board of Trustees
FROM Stephen J Helfman
DATE December 17, 1991
RE Monetary Contribution for the Key Biscayne Hotel and
Villas (the "VMS Project")
The purpose of this memorandum is to set forth the status of
the various monetary contributions relating to the VMS Project
Each of the contributions are set forth in the September 27, 1989
Declaration of Restrictive Covenants in Lieu of Unity of Title,
Monetary Contributions and Pedestrian Easement (the "Covenant")
given to Dade County by the original developer (A copy of the
Covenant is attached as Exhibit "1") The Covenant provides as
follows
1 Fire A contribution in the amount of $239,470 00 is due to
the Metropolitan Dade County Fire Department Under the terms
of the Covenant, one-half ($119,735 00) is due at the time of
platting or waiver of plat The second half of the
contribution ($119,735 00) is due upon the issuance of the
693rd building permit Because no platting is required, the
developer's attorney advises us that the developer intends to
pay the full amount at the time when one-half of the total
number of buildings permits have been issued and intends to
request that the Covenant be amended to reflect this payment
schedule
2 Cape Florida Entry Feature A contribution of $140,000 00 is
payable to the State of Florida, Department of Natural
Resources ("DNR") to be used toward the design and
construction of improvements to the entrance of Bill Baggs
State Park This contribution is due on or before the
issuance of any final certificate of occupancy for the VMS
Project This contribution has been offered to DNR, but not
yet accepted (See attached letter from Kerri L Barsh to DNR,
Exhibit "2")
3 Signage The Covenant provides for a $65,000 00 payment to
Dade County to be used toward the design and installation of
a variable message sign to be located in the vicinity of the
Rickenbacker Toll Plaza and Bear Cut This contribution has
been paid to Dade County (see attached letter from Kerri L
Barsh to Dade County, Exhibit "3")
4 Roadway Improvements The Covenant provides for a $25,553 00
contribution due on or before January 1, 1992 It is to be
used toward the cost of improvements at Crandon Boulevard and
Wood Drive, as well as along Brickell Avenue from Southeast
25th Road to Southeast 26th Road This contribution has not
yet been paid
5 Parks Under the terms of the Covenant, the County, on or
before September 27, 1990 was to acquire a County park site
within the Bill Baggs Cape Florida state recreation area If
a site was obtained, the Covenant provides that a contribution
equal to $50,000 00 per acre was to be donated for the
development of the site, including preparation of the land and
installation of playing fields
The County has not acquired a site and consequently, the
Covenant provides that the "owners shall contribute a maximum
of $500,000 00 for athletic programming and equipment for
residents of Key Biscayne to be administered by the County's
Park & Recreation Department " This contribution has not been
made, however a letter dated October 11, 1990 (a copy attached
as Exhibit "4") from the owner's attorney to Dade County
requests that the County advise the owner regarding the amount
and method of payment
6 Schools Under the terms of the Covenant, a $3,200,000 00
contribution to the Dade County School Board is required
This money is specifically intended for the construction of
supplemental improvements to the Key Biscayne Elementary
School Specifics regarding the payment of this contribution
are set forth in a separate document entitled "Declaration of
Restrictive Covenants Concerning Monetary Contributions to Key
Biscayne Elementary School" (the "School Covenant") dated
October 12, 1989 (A copy of the School Covenant is attached
as Exhibit "5")
Under the School Covenant, the $3,200,000 contribution was due
if the VMS Project was built as originally designed
Alternatively, the School Covenant provides that if the VMS
Project is developed under an another design, the contribution
shall be equal to $2,300 per dwelling unit On July 31, 1991
the County Commission approved a modification (alternate) plan
for the VMS project and, therefore, under the School Covenant
the current payment is equal to $1,646,800 (716 units x
$2,300) which is due 30 days from the time when all approvals
for the construction and use of the property are secured by
the owner without legal challenge of any kind
WEISS SEROTA & HELFMAN, P A