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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 MINUTES - 12/17/91 Page 1 of 7 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 MINUTES - 12/17/91 Page 2 of 7 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 MINUTES - 12/17/91 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