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HomeMy Public PortalAbout1998 Minutes.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 13, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: Attorney Weiss gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF 1VIINUTES: Vice Mayor Fried offered technical corrections to the minutes of the Meeting of December 9, 1997. The corrected minutes of the meeting of December 9, 1997 meeting and the minutes of the Special Council Meeting of December 16, 1997 were approved by unanimous consent. 5. AGENDA: The Manager requested to withdraw Item 9E Councilmember Sime requested to withdraw Item 10A6 and that Item 10A7 be heard together with Item 9A; Councilmember O'Reilly requested that Item 10A5 be heard together with Item 9A, also; Councilmember Padovan requested that Item 10A3 be heard together with 9C; Mayor Festa requested the addition of a brief discussion on aircraft noise as Item 10A1.3. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: There were no special presentations. 7. PUBLIC COMMENTS: William G. Earle, Esq. 280 Harbor Drive; Conchita Suarez, 201 Crandon Boulevard; Bill Durham, 748 Glenridge Road; Ed Meyer, 100 Sunrise Drive addressed the Council Vice Mayor Fried made a motion to direct staff to draft an ordinance correcting the present zoning on Harbor Drive to a 50' setback. The motion was seconded by Councilmember Broucek_ 1of10 Janucry 13, 1998 Councihnember Padovan made an amending motion to send a "zoning in progress" letter to the 71affected,residents. The motion was seconded by Coupcilmenber Broucek and approved by a 7-0 ;.voice vote, The vote was as €ollows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes: The Friedmotion as amended" was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'ReiIly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. ORDINANCES: The Clerk read the following ordinance, on first reading by title: ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE VILLAGE CODE BY AMENDING- -CHAPTER 17 "NOISE", AT SECTION 17-2 "DEFINITIONS" BY AMENDING THE DEFINITION OF "HOLIDAYS" TO REMOVE THE REFERENCE TO DAYS DECLARED TO BE LEGAL HOLIDAYS BY THE LAWS OF THE STATE OF FLORIDA, SO AS TO REMOVE IIOLIDA.Y NOISE RESTRIC'T'IONS FROM THOSE DAYS WHICH ARE NOT SPECIFICALLY LISTED AS HOLIDAYS IN SECTION 17-2; PROVIDING FOR SEVERABI LITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing: Councilm.ember Han made a motion to adopt the ordinance on first reading. The motion was seconded by Couneilmember Sine and approved by a 6-0 roll call vote. The vote was as follows_ Councilmembers Han, O'Reilly, Padovan, Sinie, Vice Mayor Fried and Mayor Festa voting Yes.'' Councilmember Broucek was out of the room at the time the vote was taken. The Clerk read the following ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"; AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (TIRE "DESCRIPTION"); BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, 2of10 January 13, 1998 SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTION FOR "PARK VIEW RESIDENTIAL" TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIAL USE; REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING CRANDON BOULEVARD WHICH ARE ENVISIONED TO BE SUBJECT TO THE PARK VIEW RESIDENTIAL DESCRIPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Raul Lastra, Village Planner, addressed the Council regarding this ordinance. The Mayor opened the public hearing. Sam Davitian, 720 Myrtlewood Lane; Guy Smith, 701 Fernwood Road addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this ordinance. The Attorney also addressed the Council regarding this ordinance. Councilmember Sime made a motion to re -open the public hearing. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes: Mayor Festa made a motion to continue the public hearing at the next Council meeting on January 27, 1997. The motion was seconded by Councilmember O'Reilly and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Mayor Festa voting Yes. Vice Mayor Fried voting No. The Clerk was directed to re -advertise this ordinance in the Islander News together with a map showing the affected areas. RESOLUTIONS: The Clerk read the following resolution by. title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR NON -BINDING REFERENDUM OF AFFECTED PROPERTY OWNERS CONCERNING SANITARY SEWER IMPROVEMENT PROJECT OF THE VILLAGE OF KEY BISCAYNE, SO AS TO SURVEY THE OPINION OF PROPERTY OWNERS; ; PROVIDING FOR BALLOT; PROVIDING FOR CONSIDERATION OF RESULTS; PROVIDING FOR AN EFFECTIVE DATE. The Attorney addressed the Council regarding this resolution. There was extensive discussion from Council regarding this issue. 3of10 January 13, 1998 Jim Haney, 472 Glenridge Road; Sam Davitian, 720 Myrtlewood Lane; Nancy Doke iarrison, 200 West Mashta Drive; Wendy Johannsen, 212 West Mashta Drive; Haydee Archibald, 881 Ocean Drive; Christian Johannsen, 212 West Mashta Drive; Guy Smithy 700 �emwood Road addressed the Council Vice Mayor Fried made a motion to aFprove the resolution. The motion was seconded by Councilwember Han ayor Festa made an amending motion to strike the words "straw ballot and non -binding" from the ferendum language in the resolution. The-niotion was seconded by Councilmemher O'Reilly and approved, by a 4-3 voice' vote.' The vote was as follows: Councilmembers Broucek, O'Reilly. Padovan and Mayor Vesta voting Yes. cotincilnembers Han, Sime`arid-Vice Mil 'ar Fried voting Village Engineer, Carlos Perin addre Councilmember O'Reilly made an motion died for lack of a second.: ed the Council regarding this issue. ending motion to strike the words "no secret ballot". The Cauncilmember O'Reilly made an amending motion to include language in the ballot that identifies the votes by zone. Mayor Festa seconded the motion. The motion was withdrawn. The estimated costsfor the proposed sanitarysewer project, according to the 1997 Feasibility Report prepared by the Village Engineer, are Construction and contingency $ 6,215,000 Pre -construction $ 724,000 Other associated costs with construction $ 805:000 $ 7,744,000 Rounded to $ 7,800,000 10% on constructionfcontingency $ 620,000 Total $ 8,420,000 Rounded to $ 8,400,000 The resolution as amended was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 4 of 10 January 13, 1998 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE SANITARY SEWER IMPROVEMENT PROJECT OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Councilmember Sime. Mayor Festa made an amending motion to change the words "there is" by "may be" in the fourth whereas clause. The motion was seconded by Councilmember Sime and approved by 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the follo ng resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL SERVICES WITH RONALD L. BOOK, ESQ.; PROVIDING FOR AN EFFECTIVE DATE. There was extensive discussion from Council on this issue. Councilmember Han made a motion to postpone this decision in order to consider other candidates. The motion was seconded by Councilmember Sime and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No. Henricke Groschel-Becker, 290 West Mashta Drive; Scott Bass, 201 Galen Drive addressed the Council. The Manager addressed the Council on this issue. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WILLIAMS, HATFIELD & STONER, INC. PROVIDING FOR AN EFFECTIVE DATE. (SIDEWALKS) 5 of 10 Vice Mayor Fried made a Councihnember O'Reilly. approve the resolution. The motion January 13, 1998 as seconded by Mayor Festa made a motion to defer the Manager's report to 10:10 p.m. The motion was seconded by Councilmember Padovan" and approved 'by a 7-0 voice vote. The vote was as follows: Counciimembers Broueek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan madean amending motion to include traffic calming modifications around the' school and for staff to come back to the next meeting with an amendrnerit`ito the contract.. Councilmember Sime seconded the motion. Councilmember Slane withdrew lier second to the motion. The following residents addressed the Council: Vera Skuhersky, 205 West Enid Drive, Jim Asher, 381 West Heather Drive opposing contract for sidewalks. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Mayor Festa made a motion to direct staff to bring back at the next Council meeting a planning process for the circulation around the school. Councilmeinber Han seconded the motion and it was approved by a 7,0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Manager presented to Council the SunTrustlVillage of Key Biscayne appraisals stating that they were 6% apart. Robert Brooks, President of SunTrust, addressed. the Council regarding this issue. Councilmemher Padovan made a motion to authorize the attorney to draft a contract wit to SunTrust Bank for $3,482,500. The motion was seconded by Vice Mayor Fried. There was extensive discussion from Council on this issue. a firm offer Councilmember Sime called the question. The question was seconded by Vice Mayor Fried and approved by a 5-2 voice vote. The vote was as follows: Councilmernbers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting Yes., Councilmember, O'Reilly and Mayor Festa voting No. 6 of 10 January 13, 1998 The Padovan motion was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Mayor Festa made a motion to authorize the Manager that when he presents the contract to the Council to include financial alternatives for this purchase. Councilmember Padovan seconded the motion. Councilmember Sime made an amending motion that the Manager include his recommendation as to which plan would be the best Councilmember Broucek seconded the motion and it was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Manager informed the Council that the Chief of Police will be the acting Manager in his absence and that in the absence of the Manager and the Chief of Police, the Chief of Fire Rescue would be the Acting Manager. The Manager presented to Council a request for a donation of a bench for the Village Green in memory of Luisa B. De la Pezuela. The request was approved by unanimous consent The Manager presented to Council the results of the construction bid for traffic calming/ Harbor Drive and requested a motion to award the contract. Councilmember Sime made a notion to award the contract to MEF Construction, the low bidder. The motion was seconded by Councilmember Han and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Sam Davitian, 720 Myrtlewood Lane; Vera Skuhersky, 205 West Enid Drive addressed the Council regarding this issue. The Manager presented to the Council an employment contract between the Village of Key Biscayne and the Chief of Police, Michael J. Flaherty. The contract is for a five year period, starting March 1, 1998 and ending on February 28, 2003. Councilmember O'Reilly made a motion to approve the contract as presented to the Council. The motion was seconded by Councilmember Padovan. Mayor Festa made an amending motion to amend the contract by removing Section 16D from the contract. The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote: The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried 7 of 10 January 13, 1998 Mayor Festa made an amending motion to amend the contract by changing the benefits for insurance under Section 10(A) from $700 a month to $5,000 per year; payable in 12 equal installments. The motion was seconded by Counccilmember Padovan and approved by a 7-0 voice vote. The vote was as'fallows; Councilmembers Broucek, Han, O' Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made an amending motion to the contract by amending the length of the contract to not to eic "' d 3 years. CounciJniember Padovan seconded the motion and failed by a 1-6 voice Vote. The' ote wan -as follows: Mayor Festa voting Yes. Councilmembers Broucek,. Han, O'Reilly, PadoYan. Sime and Vice Mayor Fried voting No. Mayor Festa made an amending motion to add anew section to the contract stating that should the Chief -of Police leave the Village' due to seeking' employment elsewhere, all accrued benefits like loave"and compensatory time be forfeited. The motion was seconded by Councilmember Broucek and failed by a 3-4 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly and Mayor Festa voting Yes. Councilmembers Han, Padovan, Sime and Vice Mayor Fried voting No. The contract as amended was approved by a 7-0 voice vote. The vote was as follows: Cbuncihnenibers Broucek, Han, O'Reilly, Padovan, Sime; Vice Mayor Fried and Mayor Festa voting Yes. The Manager reported on the progress of the beach nourishment program informing the Council that the Cape Florida sand is being transported to the Ocean Club and Grand Bay properties and that the project is going very well. The following items were submitted to the Council: The monthly departmental reports (December); November and De ember 1997 monthly reports, Key Biscayne Chamber of Commerce; memorarrdum to Mayor and Members of the Village Council from Village Manager regarding the Key Biscayne Library Foundation, Inc., dated November 13, 1997; memorandum from the Florida League of Cities regarding Transmittal of Constitution Revision Resolution, dated December 2, L997, letter to Village Manager from David C. Rater, Sr. Franchise Accountant kdelphia Cable, submitting Audit for calendar year 1996, dated December 11, 1997; letter to Village Manager from Lee. A. Niblock, Park Manager, Bill Baggs Cape Florida State Recreation Area, regarding a Certificate of Appreciation to the Village of Key Biscayne, dated December 11, 1997; letter to Village Manager from Rolando Damian Rodriguez, Executive Director, Jackson Memorial Hospital Foundation regarding donation to the Ryder Trauma Center, dated December 15, 1997; Ietter to Village Manager from Stephen J. Gauthier, Director/Technical Services Center, Government Finance Officers Association, regarding a Certificate of Achievement for Excellence in Financial reporting. yarded to the Village of Key Biscayne, dated December 24, 1997; Thank You Ietter to Village 8of10 January 13, 1998 Manager from Jane Torres, President, Florida Breast Cancer Coalition, dated December 26, 1997; letter to Village Manager from Sally Brody, regarding the "Light A Candle to End Breast Cancer" Event, dated December 30, 1997; letter to Village Manager from Ross M. Johnston, Esq., Director of Public Affairs, BFY, regarding Consumer Price Index Adjustment, dated December 30, 1997; letter to Village Manager from Lynn Whisenhut, General Manager Adelphia Cable regarding Franchise Fees, dated January 5, 1998; memorandum to Village Manager from Chief of Fire Rescue, John C. Gilbert regarding donations- Fire Safety Puppet. Show, Dated January 5, 1998; Sponsorship Agreement between the Village of Key Biscayne and the Rotary Club of Key Biscayne Foundation, dated January 6, 1998; authorization to represent the Principal by Lobbyist; letter to Village Manager from Stephen D. Kasper, Vice President, Special Operations, Cone Constructors Inc., regarding the West Mashta Bridge Project, dated January 7, 1998; 34th Annual Key Biscayne Art Festival, January 24 & 25, 1998. Mayor and Councilmembers. At this point, Councilmember Broucek requested that Item 9A8 regarding traffic circulation of the Community School and crossing guard, be heard. Vera Skuhersky, 205 West Enid Drive addressed the Council, regarding this issue. Chief of Police addressed the Council infoinung them that until the Police Department is able to find a person to be hired as crossing guard, a Public Service Aid will be assigned as a crossing guard to help alleviate this problem. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted the following items for information: letter to Councilmember Padovan from Governor Lawton Chiles, regarding school overcrowding, dated November 24, 1997; letter to Councilmember Padovan from Linda Karlsson, Town Manager, Bay Harbor Islands, regarding Town Meeting of November 22, 1997, dated November 25, 1997; letter to Village Clerk from D. Ray Eubanks, Planning Manager, State of Florida Department of Community Affairs, regarding Ordinance 97-17, dated December 8, 1997. • 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 13. ADJOURNMENT: The meeting adjourned at 11:05 p.m. 9 of 10 Respectfully submitted: 10/Se Conchita H. Alvarez, .Village Clerk Approved this 27th E Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE TIL4T A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. JOof10 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 27, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Gregory Han was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Stephen Helfmann and David Wolpin. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the Special Council Meeting of November 18, 1997 and the Minutes of the Council Meeting of January 13, 1998 were approved by unanimous consent 4. AGENDA: The Clerk requested the substitution of Item 7A1 in the agenda with a revised copy due to a scribners error. Councilmember Padovan requested the deferral of Items 9A4 and 9A5 to the Town Meeting of January 29, 1998; the Manager requested the addition of a discussion regarding Sanitary Sewer Information Material . for Referendum as Item 7A There were no objections to the agenda changes. SPECIAL PRESENTATIONS: There were no special presentations. Mayor Festa made a motion to hear Item 7A1 at this time. The motion was seconded by Councilmember Sime and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Martha Broucek, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa voting Yes. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE 1 of 14 January 27, 1998 "VILLAGE"); AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VIT LAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (THE "DESCRIPTION"); BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTION FOR "PARK SIDE TRANSITIONAL RESIDENTIAL" TO FACILITATE TRANSITIONFROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIAL USE; REVISING A PORTION OF THE FUTURE LAN) USE MAP PERTAININGATO C:FRTAIN PROPERTIES ADJOINTIS1G CRANDON JOULEVARIT WHICH ARE EN'kSIONED TO BE SUBJECT TO THE PARK. SIDE TRANSITIONAL RESIDENTIAL DESCRIPTION; PROVIDING' FORSEYERABILITY; PROVING FOR AN El/ ECTIVE.HAKE. Mayor Festa made amotior ,to defer the puhlic.hearing to the oundil' Meeting"ofFebruary ,10,1998. The motion was seconded by Couucilmember Sime and.approved by a; 6-0 roll call vote. The vote was as follows: Counc xeinbers Broucek, O2Reislly,'.Padova., Sinse,Vice Mayor Fried and Mayor Festa voting Yes. 6. BUILDING, PLANNING AND ZONING. Allwitness giving "testimony in the following zoning hearings were swam in by"the Clerk. Hearing Number 98-0127 VC -04. Joseph Goldstein, Attorney, 221 Brickell Avenue addressed the Council requestin&deferral `ofthis hearing to the Special Council Meeting of February 24, 1998. Vice Mayor Fried made a motion to defer this hearing to the meeting of February 24, 1998. The motion was seconded by Couneihnember Sime and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Brqucek, O'Reilly, Padova; Sime, Vice Mayor Fried and Mayor Festa voting Yes. 4 " xg, Hearing Number 98 -0127 -VC -01. Juan and Alicia Santaella, 50 Cape Florida Drive, the applicant are requesting pursuant to Section 30-63 (C2) of the Ivey Biscayne Code, a non-use variance of five- foot -distance requirement for a clock to extend into a canal to allow a proposed new dock to extend ten feet (10') into the Pines Canal for the subject residence. John Little, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval subject to the following conditions: 1.) That the applicants provide a letter of too objections from all the owners of all adjacent lots to the subject property; 2.) The 2of14 January 27, 1998 applicants will be required to obtain a permit from the Office of Aids to Navigation of the District 7 of the U.S. Coast Guards on the navigation and safety issues and 3.) That the applicants obtain all the applicable/related permits required by DERM for the final approval, The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember O'Reilly made a motion to approve the request with staff s. recommendation. The motion was seconded by Councilmember Padovan. Couneilmember O'Reilly made an amending motion to delete the requirement of condition #1 from staff's recommendations. The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The request as amended was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Hearing Number 98 -0127 -VC -02; Shocky and James Pilafian, 180 Crandon Boulevard, the applicants requested pursuant to Section 28-7 (1) of the Key Biscayne Code, an approval of a proposed monument sign read as "Subway, Domino's Pizza, Ad Gustum Market and "El Restaurante" including logos to be placed near the entrance facing Crandon Boulevard; pursuant to Section 28-7 (1) of the Key Biscayne Code, the applicants are applying for non-use variance of twenty -foot (20') side setback requirement for a monument sign to allow a six- point -five-foot (6.5') side setback from the northerly property line for a proposed monument sign to be placed near the entrance facing Crandon Boulevard. Director Little addressed the Council stating his recommendation of approval subject to the following conditions: that the lettering be kept with a uniform style, size and color; that the letters be parallel to the base line and that the logos be incorporated with the lettering rather than separate elements. The Mayor opened the public hearing. James Pila Han, 180 Crandon Boulevard; Gus Suarez, attorney representing Domino's Pizza, 2151 Le Jeune Road; Dawn Hamis, from Subway's; Sergio, from Skate Zone, the applicants; Heidi Archibald, 881 Ocean Drive; Concluta Suarez, 201 Crandon Boulevard Pamela Kirkpatrick, Key Biscayne Chamber of Commerce; Scott Bass, 201 Galen Drive; Bill Ofghant, 512 Fernwood Road addressed the Council. The Mayor closed the public hearing. 3 of14 January 27, 1998 Vice Mayor` Fried made a n otion'to app'ras%e'the reque's`t as presented to the Council. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 roll call vote. The vote was as follows: The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Hearing Number 98 -0127 -VC -03. Cafe Barcelona II, 971 Crandon Boulevard, Unit Numbers 971 and 973, the applicant requested a modification to conditions within prior approvals and recorded covenants^ta allow fora change in the site plan for development of the subject property; as follows: :from; "that said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A", prepared by Sarille-Rodrigo-Tarafa, joint venture,:Ardhitects entitled "Key Biscayne Shops", anted 22nd day of February 1978, as, per revisions dated the 17th day of March 1978 and revised plans=shown in the attached Exhibit' "B", prepared by 0.J. Jorgensen a Associates entitled "L'Esplanade `Mall, 971 Crandon Boulevard, Key Biscayne, Florida" dated March 17, 1995; as per revision 19th day of April` 1995," To: "That said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A", prepared by Sarille-Rodrigo-Tarafa, joint venture, Architects entitled "Key Biscayne Shops", dated 22nd day of February 1978, as per revisions dated the 17th day of March 1978 and revised£plans shown in the attached Exhibit "B", prepared by O.J. Jorgensen `& Associates entitled "L'Espfanade Mali. 971 Crandon Boulevard, Key Biscayne,, Florida" dated. March 17, 1995, as per`'revision, 19th day of April 1995 and further revised plans shown in the attached Eadtibit "C", prepared by David J. Cabarrorns Architect entitled "Wood -Deck at Barcelona Restaurant";dated.22nd,Oay of October 1997 for a restaurant to build a proposedopen terrace facing Crandon Boulevard to provide an outdoor seating and dining area.'" Director Little addressed<tkte Council stating his recommendation for denial without prejudice of the above request for lacy of data The Attorney addressedithe Council on this issue: The Mayor opened the public hearing. Jorge Hotta, 600 Brickell Avenues`representing the applicant, addressed the Council. The Mayor closed the public hearing. Mayor Festa made a motion to defer the request to the Council Meeting of February 24, 1998. The motion was seconded by Councilmern er O'Reilly and approved by a 6-0 roll call vote. The vote was as follows: The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan,'Sime, Vice Mayor Fried and Mayor Festa voting Yes. 4of14 1 \ January 27, 1998 Hearing Number 98 -0127 -VC -05. Harry and Tamasine Garcia, 665 Allendale Road, the applicants, requested pursuant to Section 33-53.1 of the Key Biscayne Code, a non-use variance of seven -and -a - half -foot (7.5') interior side setback requirement to allow six -point -three -eight -foot (6.38') interior side setback from the northerly property line to the existing one-story single family residence. Director Little addressed the Council stating his recommendation: of approval subject to the following condition: that the existing fence encroachments be resolved between the applicants and the adjoining neighbors when such issue is raised up. The Mayor opened the public hearing. There the public hearing. o speakers present. The Mayor closed Mayor Festa made a motion to approve the request with staff's recommendations. The motion was seconded by Councilmember Padovan and approved by a 5-0 roll call vote. The vote was as follows: The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Couneilmember Sime did not vote due to conflict of interest Hearing Number 98 -0127 -VC -06. Grand Bay Estates Partnership, Sea Grape Circle, the applicants are seeking for the following; a tentative plat approval for the westerly portion of Grand Bay Villas as prepared by Fortin, Leavy, Skiles, Inc. dated September 30, 1997; modification of the previously approved development tract review for Tract "E" by Resolutions Z-03-95 and Z-18-95 for the second phase of the Grand Bay Villas with amended plans prepared by Robert Wade and Associates, P.A. dated received December 5, 1997; approval to establish and maintain a temporary sales facility in the second phase area of Grand Bay Villas. Director Little addressed the Council stating his recommendation of approval subject to the following conditions: that the common open space meet the open space requirements and fall within the allowable minimum and maximum amounts for each category (Dade County Code § 33-284:27); that the project be permitted to compute the overall complex open space as a. means of satisfying the individual open space for each of its elements and that before any final plat be approved, the applicants must submit final plans for street lighting and street signage. The Mayor opened the public hearing. Carter McDowell, 701 Brickell Avenue, representing the applicant, requesting approval for a slight modification to the original plat as submitted, addressed the Council. The Mayor closed the public hearing. Mayor Festa made a motion to approve the request as recommended by staff and modified by the applicant to include a buffer strip along Crandon Boulevard. The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote. The vote was as follows: The vote 5 of 14 6of14 was as follows. Conncilinehtiters Broucek,"O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan was out of the room at the time the vote was taken. ORDINANCES: The Clerk read the following ordinance, on second reading, by title; AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE", AT SECTION 17-2 "DEFINITIONS" BY AMENDING THE DEFINITION OF "HOLIDAYS" TO REMOVE THE REFERENCE TO DAYS DECLARED TO BE LEGAL HOLIDAn BY THE LAWS OF THE STAJ It OF FLORIDA, SO AS TO REMOVE HOLIDAY NOISE RESTRICTIONS FROM THOSE DAYS WHICH ARE NOT SPECIFICALLY LISTED AS HOLIDAYS IN SECTION 17-2; PROVIDING FOR SEVERABILITY3:PROVLDING FOR„INCLUSION IN THE CODE; PROVIDING FOR AN: EFFECT1E DATE. ; The Mayor opened' the public hearing. There were no .speakers present. The Mayor closed the public hearing. Councilmember O'Reilly made a motion to adopt the ordinance. The motion was seconded by Councilmember Broucek and approved by a 610 roll call vote. The vote was as follows: The vote was as follows: `Councilmenibers Broucek, O'Reilly,Pado"yan,Sime, Vice Mayor Fried and Mayor Festa voting Yes. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WILLIAMS, HATFIELD & STONER; INC.; PROVIDING FOR AN EFFECTIVE; DATE. SST ENID IMPROVEMENTS) The Manager addressed the Councilregarding this resolution. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember O'Reilly. There was extensive discussion from Council on is issue. January 27, 1998 Mayor Festa made a motion to table this resolution to the next Council meeting. The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote. The vote was as follows: The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE KEY BISCAYNE WOMAN'S CLUB, PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Ann Goodman, representing the Key Biscayne Woman's Club; Concbita Suarez, 201 Crandon Boulevard, addressed the Council. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Sime. Councilmember Sime withdrew her second to the motion. Staff was instructed to come back to the next Council meeting, with a resolution amending the budget to include $10,000 in the Recreation Department for the Heritage Day celebration. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA OPPOSING HOUSE BILL NO 3291 PRESENTLY IN COMMITTEE, IN FLORIDA> LEGISLATURE REGARDING FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-WAY ACCESS TO BURY TELEPHONE LINES; SAID OPPOSITION BEING MADE TO ANY PROPOSAL TO PLACE UNFAIR RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED BY 1VIUNICIPALITIES TO FOR- PROFIT TELEPHONE COMPANIES FOR SAID SERVICES AND PERMITTING THEIR BUSINESS TO BE CONDUCTED ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY FROM CITIES. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Padovan and: approved by a 5-1 voice vote. The vote was as follows: The vote was as follows: Councilmembers Broucek, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 7of14 January 27, 1998 "REPORT ANII RECOMMESDATIOiNS: fallowing items were discussed: Mayor and Councilmembers. A letter from Joel R. Bishop, Exclusive Sports Marketing, dated January 14, 1998 requesting approval for the 1998 Publix Family Fitness Weekends and Gatorade Triathlon Series which will take place on Friday, Saturday and Sunday, May 1 thru May 3, 1998 on Key Biseayne was discussed by Council, Mayor Festamade a motion to approve the request. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows:; Councilnernbets Broucek, O'Reilly. Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. A request for a donation of a bench and tree, for the Village Green in me Hanabergh, dated January 21, 1998 was presented to the Council. ory4`f Alessandra Councilmember Broucck made a motion to approve the request. The motion was seconded by Mayor Festa,and approved by a 6-0 voice vote. 'The vote was as follows; The vote was as follows: Councihnembers13foucek,i3'Reilly. Padovan, Siine, Vice Mayor Friedand Mayor Festa voting Yes. Mayor Festa andCouncilniember Sime presented to the Council the adopted Village Council Rules and Procedures. >Mayor Festa proposed that ifaifeni does not receive 4 affniiative votes, any Councilmember who was absent .could bring the item back and;:Be reconsidered, Councilmember O'Reilly made a motion to adopt Mayor Pasta's proposal. The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote, The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and,,Mayor Festa voting Yes. Councilmember Sime voting No. The Attorney was,directed to bring back rules of procedures for ordinances and resolutions in the form °fa. resolution for Council approval. Councilmember Sime Made a motion to accept a consent agenda The motion was seconded by Councilmember Brodcek and approved by a 6-0 voice vote, The vote was as follows: Councilmembers Broueek, O'Reilly, Padovan, Sime, Vice Mayor Frted and Mayor Festa voting Yes. Councilmetnber Sirne addressed the Council regarding the length of meetings and made a motion to limit debate to 5 minutes for each Councilmember two times on a topic. The motion was seconded by Courtcilrnember O'Reilly: Heidi Archibald, 881 Ocean Drive addressed the Council. 8 of 14 January 27, 1998 Vice Mayor Fried made an amending motion to limit debate to 3 minutes. The motion was seconded by Councilmember Broucek and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Broucek, Sime. and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. The Sime motion failed by a 3-3 voice vote. Thevote was as follows: Councilmembers Broucek, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. Councilmember Sime made a motion to conduct all business by motion. The motion was seconded by Councilmember O'Reilly and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No. Councilmember O'Reilly made a motion that all ordinances and resolutions shall require an elected sponsor. The motion was seconded by Councilmember Broucek. Mayor Festa made an amending motion that staff can also be the initiator of ordinances and resolutions. The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote. The vote was as, follows: Councilmembers Broucek, O'Reilly, Padovan Sime, Vice Mayor Fried and Mayor Festa voting Yes. The motion as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Broucek made a motion to discuss the administration of Council meetings: Councilmember Padovan seconded the motion. Councilmember Sime made an amending motion requesting that a copy of the role of the chair from Robert's Rules of Order be brought back at the next Council meeting. The motion was seconded by Councilmember Broucek. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Broucek made a motion to have a special meeting to review Short and Long Term Goals and Objectives. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 9of14 January 27, 1998 Councilmember Sime made a request to have staff inquire as to the cost of having an expert come and make a presentation regarding goals and objectives. The request was approved by consensus of the Council_ Councilmember Sime made a motion to listen to the video conference to be held on January 29, 1998 by Colin Powell regarding America's Promise the Alliance for Youth in order to see how the Village can get involved. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice rote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to have a brief discussion of no more than 5 minutes oft-iterns 9A8 and 9A11_ The motion was seconded by Councilmember Broucek and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime; Vice Mayor Fried' and Mayor Festa voting Yes. Vice Mayor Fried made a motion to have this Council present proclamations to persons who help the Village. Councilmember Broucek seconded the motion and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers°Broucek, O'Reilly, "Padovan. Sime, Vice Mayor Fried and Mayor Festa voting Yes. Vice Mayor Fried made a motion requesting the establishmentof a committee representing this Village to oppose the new runway at Miami International Airport. The motion was seconded by Councilmember Padovan; Mayor Festa explained to the Council that there is a task force already in place to deal with this issue. The first meeting of the Aircraft Noise Task Force will be tomorrow; January 28, 1998. The Mayor will report any issues to Council at a future Council Meeting. Councilmember Padovan withdrew her second to Vice Mayor Fried's motion. Councilmember O'Reilly made a motion to hear the item regarding the Village Green restrooms together with the Manager's report. The motion was seconded by Councilmember Sime and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly made a motion to authorize. the Village Manager to obtain bids for restrooms on the Village Green. The motion was seconded by Vice Mayor Fried and approved by, a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Village Planner, Raul Lastra, addressed the Council regarding this issue. 10 of 14 January 27, 1998 Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk reported that the Mayor had issued a proclamation recognizing Jane Chiroussot-Chambeaux. The Clerk submitted a copy of her office's 1997 annual report to the Council. The following items were submitted for information: letter to Councilmember Padovan from Eddie. T. Pearson, Deputy Superintendent, Dade County Public Schools, regarding Key Biscayne Elementary School's Technology Program, dated January 12, 1998, Memorandum to Key Officials from Chip Morrison and David Ramba, Florida League of Cities, Inc. regarding the Constitution Revision Commission, dated January 20, 1998; Memorandum to Mayor and Members of the Village Council from the Village Clerk regarding the Council Meeting of February 10, 1998, dated January 23, 1998: Village Manager. Village Planner Raul Lastra addressed the Council regarding the West Mashta Drive proposed Landscape Plan explaining that this plan is an alternative to the original landscaping. This plan proposes that three (3) single King Alexander Palms be planted in the center of each circle surrounded by a colorful ground cover and for the median divider, 9 single King Alexander Palms with the same colorful ground cover. This plan will cost approximately $7,000. Mayor Festa made a motion to approve the proposed landscaping plan for West Mashta Drive_ The motion was seconded by Councilmember Sime: Councihnember Padovan made an amending motion to plant Lantana as ground cover. The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The amending motion was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The Manager introduced the engineer from the design built team to make a presentation to Council regarding the 30% completion of the West Mashta Bridge plans. Mayor Festa made a motion to defer this item to the next Council meeting due to the fact that the material was not submitted on time to the Council. The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broueek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Sime voting No. 11of14 January 27, 1998 Councilmember Sirne made a motion to hear this item at 6:30 p.rn. at the Town Meeting. Councilmember Broucek seconded the motion and it was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Sure; Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan voting No. Mayor Festa addressed the Council and staff stating that any agenda item that does not have the backup material by Friday should be deleted from the agenda. The Manager reported that an additional $5,000 will be needed in order to complete the final report r the" Charrette arid this report will be hrought before Council on Thursday, January 29, 1998. The Manager reported that the 7.2 million bank loan that financed the stormwater construction pregraZion the west side of the island will be due March 31, 1998. The Ivlane requested for authority to negotiate the extension ofthe loan for up to an additional year with the right as we have now, toipay it off at the appropriate time when the financing comes in. Mayor Festa made a: motion to have the Manager come back at the meeting of February 10, 1998 with inf©nrnatiori a to the cost afrefimancing the loam for one year, the actual costs of the project to date, the liens that Piave been !ilnposed,'haw much the Village has in reserve for the stormwater construction project, information regarding the acquisition of the SunTrust property and land and the financing options t hat wig he available to the Village if all this .is done in one lump sum. The notion Was secanded by Coutcilmember Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmernbers.Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Manager requested consensus from Council on a date to interview several lobbyists. It was the consensus of Council to defer this item. Planner Lastra addressed the Council regarding the planning process for traffic circulation around the school. The Planner reported that the Village will hold a meeting next month to present the plan to Miami -Dade County and will follow with a presentation to School Board Representative IVIanty Sabates Morse. The Manager addressed the Council regarding the proposed parking signs for the Key Biscayne Community School. There was consensus from Council to defer this item until such time as the planning process and traffic circulation for the school is completed. The Mayor made a motion to defer the sanitary sewer information for the referendum to a special meeting on Thursday, February 3,1998 at 7:00 p.m.. The motion was seconded by Councilmember Padovan. The Mayor withdrew his motion. 12af14 January 27, 1998 Councilmember Broucek made a motion to send the letter with the information for the sanitary sewer after the meeting of February 3, 1998. The motion was seconded by Councilmember O'Reilly. Councilmember Broucek withdrew her motion. Chris Johannsen, 212 West Mashta Drive; Sam Davitian 720 Myrtlewood Lane; Heidi Archibald, 881 Ocean Drive addressed the Council. Mayor Festa made, a motion to hold a special meeting on Thursday, January 29 1998 at 6:00 p.m. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The following items were submitted to the Council: -letter to affected property owners between 200 and 310 Harbor Drive regarding Zoning in Progress Notice, dated January 14, 1998; letter to Village Manager from Andrew Racer, P.E., Senior Project Manager, Williams, Hatfield & Stoner, Inc. Regarding the Harbor Drive Traffic Calming Project, dated January 16, 1998; Memorandum from Coastal Systems International, Inc., regarding status of Cape Florida Wetland and Ocean Club fill project, dated January 16, 1998. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. . SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 12. ADJOURNMENT: The meeting adjourned at 11:00 p.m. ally submitted: .ic,SaVe611 Conchita H. Alvarez, Village Clerk Approved this 24th day of February , 1998: n F. Festa ayor • ,L01073 13 of 14 January 27, 1998 IFA PERSON DECIDE 4 TO APPEAL t1 NY DECISION MADE BY TtiE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 14of14 I NAME Clam' r NAME- Mmlt�e -/ `a) MAILING ADORE /70 (tom ti 60 -/ CiIY rs /r2c4ei DRIP ON 4II1Ccc? /At.. aS COUNTY FORNB BB MEMORANDUM ,OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 0 1 jA�RD,C RINCII yr- n N AnT Il "`R OMMITTEF 1 HE BOAR9'OUNCIL, COMMISSION. HORITY OR COMMI1TEE ON ''WHHICH. IS RVE ISA UNIT OF: Cri'Y 0 C'Ot1N'I'Y 0 OTHER LOCAL AGENCY NAME OF POI.ITICAI. SUBDIVISION: Y POSITION 1S: ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person: serving at the county, city, or other local level of government on an appointed ":or elected board, council, commission, authority, or committee It applies equally to members of advisory and non-advispry bodies who are presented. with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law whenfaced with a measure in which you have a conflict of interest will vary greatly depending on . whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gam. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained {including the parent organization or subsidiary of a corporate principal by which he is retained); to the specialprivate gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Seca 153,356 or 163357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law, A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where theshares of the corporation arenot listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on whichyou are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, youmust disclose the natureof the conflict before making any attempt toinfluence the decision, whether orally or in writing and whether made by you or at your direction. IP YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt toinfluence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy ofthe form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CIE FORM 88- 107,H PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT 3Y DISCUSSION AT THE MEETING • You must disclostoraily the nature of your conflict in the measure before participating_ • You must complete the form and file it within 15 ay after the vote oecurswith the person responsible forrecording theminutesof the meeting, who =must incorporate the form in the minutes.: A copy of the - form must be, provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed_ tc DISCLOSURE OF LOCAL OFFIC TEREST G , hereby disclose that on (a} A measure came or will come before my agency which (check one) inured to my special privategain;. — inured to the special gain, of my business associate, inured to the special gain; of my relative, _ inured to the special gain of whom I am retained; or inured to the special gain of which is the parent organ&Yation or subsidiary of a principal which has retained me.. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 19 2 D led Signatue_ by 1 1 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES§112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED, BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IP( SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.. OE FORM 88 - 10-91 PAGE 2 „LAST NAME FIRS I NAME- MIDDLE NAME MAILING ADDRESS A ( a r CITY FORM 88 MEMORANDUM OF VOTING_ CONFLICT FOR COUNTY, (MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME Oh BOARD, COUNCIL, COr ISSION, AUTHORITY, OR COMMITTEE r. �'` if, t ,” F r� 1 HE HOARD; COON IL, COMMISSION, AUTHORITY rR COMMITTEE N JWHICH 1 SERVE ISA UNIT O4 777777 , CITY 0 COUNTY 0 OTHER LOCAL. AGENCY NAME OF POLITICAL. SUBDIVISION' AIE O N n C VOTE pCCURI D MY POSITION IS: ELECTIVE 0 APPOINTIVE-. - WHO MUST FILE FORM 8B This form is for use by any person ser-ying- at the county, city,or other local level of government on an appointed or elected board, council, commission, authority, or committee. h applies equally to members of advisory and non -advisory bodieswho are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay closeattention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal bywhich he is retained); to the special private gain of a relative; or to the special private gain ofa business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163:357, F:S:, and officers of independent special tax districts elected on a one acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means anyperson or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: n addition to abstaining from voting in the situations describedabove; you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your i t. in the measure on which you are abstaining from voting; and WITHIN 15. DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN:. e You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form must he provided immediately to the other members of the agency. r The form must be read publicly at the next meeting after the form is filed_ nteres Cf'FORM 8B - 1B-91 RAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING; • You must disclose orallythe nature of your conflict in the measure before participating.. '. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the forthin the minutes. A eopy of the form must be provided immediately to the other members of the agency, and the form must be ?ead publicly at thenext meeting: after the form is filed, DISCLOSURE OF LOCAL OFF►C9 ;TEREST '&,/7)/cc hereby disclose that on (a) A measure came or wilt come before my agency which (cheek one) inured to my special private gain; inured to the special, gain of my business associate. inured to the special gam of my relative,.. .. inured tothe special gain of whom I am retained; or inured to the special gain of is the parent organization or subsidiary of a principal whichhas retained me. 027 (b) The measure before my agency and the nature of my conflicting interest in the measure is as fol Date Filed Signature OWS: by , which NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §I12.317 (1991), A FAILURE TO MAKE ANY REQUIRED' DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING; IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. 1, CE FORM 8B-10-91 PAGE 2 MINUTES SPECIAL VILLAGE COUNCIL MEETING (CONTINUATION MEETING OF JANUARY 27, 1998) THURSDAY, JANUARY 29, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO'ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 pm. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wolpin. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: No minutes were submitted for Council's consideration. 4. AGENDA: There were no changes made to the agenda. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Sime made a motion to reconsider the West Mashta beautification project and place it on the agenda at the earliest possible date. The motion was seconded by Councilmember Han and failed by a 3-4 voice vote. The vote was as follows: Councilmembers Broucek, Han and Sime voting Yes_ Councilmembers O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting No. Conncilmember Padovan made a motion to have a brief discussion regarding the Twelve Month Revenue Report. The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes.. Councilmember O'Reilly made an amending motion to have the discussion for no more than 15 minutes. The motion was seconded by Councihnember Fried and approved by a 7-0 voice vote. The 1 of 5 January 29, 1998 vote was as follows: Councilmembers Broucek, Han, O'Reilly; Padovan, Sime; Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan shared with the Council the fact that the Village had had a good end of the 1997 fiscal year and that the 1998 fiscal year has had a good beginning. Village Manager. Ramon Castella, Vice President of the Design Built Team, Javier Salman, Vice President of Architecture, addressed the Council regarding the 30% completion of the construction plans for the West Mashta Bridge. Village Planner, Raul Lastra, addressed the Council regarding the bridge. There wasextensive discussion from Council regarding this issue. Mayor Festa made a motion to go on to the 60% completion of the construction plans for the West Mashta Bridge. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broueek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Manager presented to the Council proposed Sanitary Sewer information material for referendum. Mayor Festa proposed to add the following changes to the last paragraph of the letter dated January 29, 1998: "Please keep in mind` the above explanation is based on estimated costs and the most accurate information which is available at this time. The cost estimate is subject to change upon receipt of the bids and completion of the project. If the project cost as bid exceeds the estimate by more than 10% the Council will not proceed with the project unless another voter referendum then approves it. One time -count charges 14paxiote $4,000 to 000 must be paid at the time of connection to the system. An annual county sewer use charge based on water consumption of about $600 annually is required after connection. Thal +,, lrgefa OIL elb ersa e? For example, if your usage or quarterly hill is $75 per month you can expect an additional charge of $135 per quarter OTV: ;6 . The motion was seconded by Councilmember Broueek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broueek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes: Chris Johannsen, 212 W. Mashta Drive; Nancy Doke Harrison, 200 W. Mashta Drive addressed the Council. Mayor Festa made a motion to add the following amendments to the fact sheet Section L A: A Master Plan Requirement; 1. Sanitary Sewer Master Plan mtistb ;epfnple>ed by 1998. Completed.; 2 of 5 January 29, 1998 2 S -eWet miisfibe service available by 2006. Section VI: An annual county sewer use charge based on water consumption of about $600 annually is required after connection Thee i11 be# t annual county charge for Water WaSte-diSposat-base-ct on'watet usage: For example, if your usage or quarterly bill is $75 per month you can expect an additional charge of. $135 per quarter or $540 annnfilly. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to add the date of the workshop to the letter. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes; Councilmember Sime made a motion to make the following amendments to the first paragraph of the Question and Answer newsletter The Village of Key Biscayne is considering a project to expand its sanitary sewer system to serve the properties within the Village, which are now served by the system. These properties still depend on septic tanks for the disposal of sanitary waste A referendum on whether this project should or should not proceed as now conceived will be held en February 14, 1998 and:ballots will bemailedon or before Feb.ruary-410; 1998,arid'inusbbea eturned ositgr ebruary 24 1998=to the Village Clerk: This letter, presented to you in the form of questions and answers, is you to provide to you information on the project in preparation for the public meeting to be held February 3rd 5th at 7:00 pm. Councilmember Broucek seconded the motion and it was approved by a 7-0 voice vote. The vote was as follows: Councilmenbers Broucek, Han, O'Reilly, Padovan, Sime; Vice Mayor Fried and Mayor Festa voting Yes: WendyJohannsen, 212 West Mashta Drive addressed the Council. Councilmember Padovan made a motion to amend "Question No. 3. If the referendum does not pass, the project would have to be reconsidered not take place. It maybe either abandoned for the present, or it may be implemented only in parts, based on a section by section analysis of the votes. It should also be borne in mind that, even if the referendum fails to pass, the possibility of having to construct the sewer system would still exist, as future State or Federal laws may ultimately mandate this improvement. Today this is a matter of local discretion. and add the Village Clerk's phone number at the end of the paragraph: The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes: Nancy Doke Harrison, 200 West Mashta Drive addressed the Council. Mayor Festa made a motion to amend Question No. 4. Section 3. by adding: A.municial=sanita wer=systemmayenhance the value of yourrpropertyand proide'youwith more fiexibility to build 3 of 5 January 29, 1998 y�Withbut� etsanitacy ewe s s e e ho r3 zsz s in y a e eZ1 e 2e alb Jinsstalla on Q01 -9464h6: fie ea qu e ien o } o �-e ohm 9 £ was Nih, 42 . The motion was seconded by Couneilmember Padovan tad approved by a 7-0 voice vote.The vote was as follows: CouncilmembersBroucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to amend Section 4. The financial impact of the system on the residents is relatively short term. It is likely to represent an investment that will be returned in the form of increased property values, particularly if major improvements are contemplated. It mayalso be viewed as a farm of insurance against septic tank and drain field failure, which could render a property unsaleable. The motion was seconded by Councilmember O'Reilly approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, ViceMayor and Mayor Festa voting yes. Mayor Festa made a recommendation to delete under Section 5. The changes continually tighten the regulatory environment and the regulations are becoming more and niu.N., restrictive, resulting in a higher and-Ingher cost pf compliance. There were no objections to the changes. Councilhnember Han made a; recommendation to add the fallowing under Ouestion No. 5. Section 3. The property is sold or a change in ownership occurs, %efin fr tiidoes no There was no objection to the change, Mayor Festamade a recommendation that the last paragraph under Question No. 6 be consistent with the rest ofthe newsletter. It was the consensus from Council to change under Question No. 7 the following: delete State and add xi11W and "the lien in no way affects your ability to sell, transfer 'or refrna ce your property" Councilmen ber O'Reilly made the following 'recommendation to =mend Ouestion No. 8. Section 1. Delete the second paragraph and add the following ` T ell ep+ fi"i stei lir die 011,44i .: i�dusandrreparable no objections to the changes Councihnember O'Reilly made a motion to adopt alt amendments made at this meeting. The motion was seconded by Mayor Festa and approved by .a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Sime made a request that the experts on this subject matter that were present at the Sanitary Sewerpublic hearing be invited to attend the Sanitary Sewer Workshop to be held on February 5,1998. Andrew Pierce from C.A.P. Engineering addressed the Council and said he would 4 of 5 January 29, 1998 contact these people and will invite them to the meeting. It was the consensus of Council that a mailing of questions and answers and a fact sheet will go out to all affected property owners on January 30, 1998. Councilmember Han made a motion to mail the ballots regarding the sanitary sewer by first class mail.The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Conchita Suarez, 201 Crandon Boulevard and Wendy Johannsen, 212 West Mashta Drive addressed the Council. 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 7. ADJOURNMENT: The meeting adjourned at 7:50 p.m. Respectfully submitted: Conchita H. Alvarez, Village Clerk Approved this 24th day of February ,1998: a aid, F. Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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. 5 of 5 TOWN MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JANUARY 29, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:50 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councihnember Hugh O'Reilly was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wo1pin. Mayor Festa welcomed residents to the Village's Town Meeting. The Manager made a brief presentation regarding the accomplishments of the Village departments during the past fiscal year. A video tape highlighting the activities of Fiscal Year 1997 was presented to the Council and public as part of the Manager's report. The following administrative staff members were present during the manager's report: Building, Zoning and Planning Director John Little; Emergency Services Director Michael Flaherty; Fire Rescue Chief John C. Gilbert; and Program Coordinator (Recreation Department) Loren Matthews.; Mayor Festa addressed the Council and public stating that the state of the Village is excellent. The Mayor opened the meeting for comments from the public. The following residents addressed the Council: Jacqueline de Leon, 650 Ocean Drive, regarding the E. Enid drainage problem; Haydee Archibald, 881 Ocean Drive regarding garbage collection at the Le Phare Condominium; Dana Granados, 533 Ridgewood Road regarding flooding in temporary parking in school, lights in basketball court and port -o -let in the school; Ed Meyer, 100 Sunrise Drive commending the Council for the good work, l of January 29, 1998 regarding bed tax situation, suggested that a Councilmember be assigned to the accreditation process that the police department is undergoing, trash receptacles at the Lake Park; Bonnie Cooper, 77 Crandon Boulevard regarding the temporary parking lot in the school. Village Planner Raul Lastra, presented a video tape and slides highlighting the activities of the Charrette. The following residents addressed the Planner: Conchita Suarez, regarding underground parking; Jacqueline de Leon, regarding the size of the land required; Deborah de Leon, regarding the opportunity the Village has to make all these projects a reality; Patricia. Weinman, regarding a playground in the beach park, John Festa regarding size for parking lots; Betty Sime regarding the clock tower, Bonnie Cooper, regarding more detailed pictures of the buildings and a swimming pool at the beach park; Gregory Han regarding parking around the Green; Cecie Sanchezregarding the entrance to the Village; Jacqueline de Leon commending the Planner for a job well done. There being no further business, the meeting was adjournedat 9:15 p.m Res ally submitted:. Conchita II. Alvarez, Village Clerk Approved this 24th day of February , 1998: n F. Festa ayor IFAPERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. C 2of2 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, FEBRUARY 5, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Michele Padovan (arrived at 6:10 p.m.), Betty Sime (arrived at 6:15 p.m.), Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Hugh O'Reilly was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wolpin. PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance. AGENDA: There were no changes made to the agenda. 4. INTERVIEWS FOR LOBBYIST: The purpose of the meeting was to discuss hiring a professional lobbyist for the Village. The Village Manager introduced the first candidate, Ms. Susan Guber. Ms. Susan Guber, representing Robert M. Levy & Associates was interviewed and addressed the Council. The second candidate, Mr. Ramon H. Maury, President, Maury Management Group, was interviewed and addressed the Council. The third candidate, Mr. Jack Peeples, with the law firm of White & Case, was interviewed and addressed the Council expressing that he would continue to work on a pro bono basis on the beach project at the state level. Mr. Peeples also gave a brief report on beach nourishment. 1 of l February 5, 1998 Mr. James Cooney, Mr. Rick Rodriguez -Pisa and Mr. Tom Gallagher were unable to attend this meeting. Mr. Ronald L. Book, P.A. and Mr. Russ Marchner were interviewed on December 16, 1997. By consensus of Council, the Manager was directed to submit a recommendation on this matterat the next Council Meeting. 5. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 6. ADJOURNMENT: The meeting adjourned at 7:05 pm. Respectfully submitted: -7Q</ are Conchita H Alvarez, Village Clerk Approved this 24th day of February ,1998: IFA PERSONDECIDES TO APPEAL ANYDECISION MADEBYTHE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGSAND, 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. 2 of 2 MINUTES SANITARY SEWER WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, FEBRUARY 5, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Hugh O'Reilly was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wolpin. The Mayor addressed the Council and public indicating that the purpose of this workshop is to provide information regarding the sanitary sewer project and for residents to express their concerns or questions they might have regarding the project and the upcoming mail vote. The Manager addressed the Council indicating. that there were representatives from the Department of Health and from the Water And Sewer Authority. The Derm representative was not able to attend and the State would not send a representative. The Attorney addressed the Council regarding the process to amend the Comprehensive Master Plan explaining that it is a complicated process by which the Council would adopt an ordinance on first reading proposing to amend the plan. After the comprehensive plan amendment ordinance is adopted on first reading, it would then go to the Department of Community Affairs for review and comments. This process takes approximately 120 days. Carlos Perin, Village Engineering addressed the Council regarding the loan, stating that it is one loan, one project. Mr. Samir Ehnir from the Health Department addressed the Council and the public regarding the elevation to install a drainfield stating that the best system is a sewer system. Mr: Elmir also explained that the State does not have a maintenance program for septic tanks, but the State can 1 of February 5, 1998 provide a pamphlet that explains how to maintain septic tanks. Mr. Rick Herrera, WASA representative, addressed the Council and the public regarding the replacement of defective pipes. The following residents addressed the Council: Guy Smith, Fernwood Road; Dan Morrison, 797``°Glenridge Road; Ward Rathbone, 275 West Mashta Drive; Nancy Doke Harrison, 200 West Matta Drive; Charbel Dandah, 740 Myrtlewood Lane Peter Lelew, Satinwood Sam Davitian, Myrtlewood Lane; Gordon Reed, 784 Glenridge Road; Frank Colescott, 462 Ridgewood ,Road; Wendy Johannsen, 212 West Mashta Drive; Sam Davitian, 720 Myrtlewood Lane; Mark Maroon, representing Luis Robles, 22 Harbor Point; Carol Mullen O'Leary, 444 Fernwood Road; Dana Granados, 663 Ridgewood Road; The Mayor requested consensus from Council to allow individual cases address specific questions to the Engineer. There was no objection to the request. The Clerk was directed to broadcast the Sanitary Sewer Public Hearing of November 17, 1997 at 7:00 p.m. every day of the week alternating with today's meeting. There being no further basil%ess, the meeting was adjourned at 10:20 p.m. Resp Vully submitted: Couchita IL Alvarez, Village Clerk Approved this 24th day of February , 1998: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2 MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE TUESDAY, FEBRUARY 10, 1998 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Chairman at 7:45 p.m. Present were Board Members Martha Broucek, Gregory Han, Hugh O'Reilly, Michelle Padovan, Mortimer Fried, John F. Festa and Chairman Betty Sirne Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Vivien Mauri and Village Attorneys Stephen Hellman and Richard Weiss. (For the record the roll call used at the Regular Council Meeting, which was called to order at 7;00 p.m., was used for this proceeding at the discretion of the Chairman, with no objections from the Board) ORDINANCES: The deputy clerk read the following proposed ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (THE "DESCRIPTION") BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS. AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTION FOR "PARK SIDE TRANSITIONAL RESIDENTIAL" TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIAL USE; REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING'CRANDON BOULEVARD WHICH ARE ENVISIONED TO BE SUBJECT TO THE PARK SIDE TRANSITIONAL RESIDENTIAL DESCRIPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Attorney, Stephen J. Hellman, addressed the Council and the public on this issue. There was extensive discussion from the Members of the Board regarding this ordinance. Iof3 Members Broucek and Padovan expressed their concern about the need to inform all of the people impacted by this ordinance and recommended that property owners directly affected be notified: The Chairman opened the public hearing. Conchita Suarez, 201 Crandon Boulevard; Henrike Becker, 290 West Mashta Drive; Nancy Doke -Harrison, 200 West Mashta Drive; Ward Rathbone, 275 West Mashta Drive addressed the Board. The Chairman closed the public hearing. Member Fried made a motion to recommend the proposed ordinance to the Village Council. The motion was seconded by Member Broucek. Attorney, Helfman, addressed the Board Members indicating that under Section 4. of the proposed ordinance, staff is recommending to strike out the "to and from" blanks. Instead, staff presented a map to insert, as Exhibit "A", depicting the affected district. The Attorney instructed the Deputy Clerk to include "Exhibit A" as part of the ordinance in consideration. Member Han made an amending motion to delete in Section 4 "running southerly from to The motion was seconded by Member Fried and it was approved by a 7-0 roll call vote. The vote was as follows: Board Members Broucek, Han, O'Reilly, Padovan, Fried, Festa and Chairman Sime voting Yes: Chairman Sime made a motion that prior to the final hearing, when the ordinance returns from DCA, the areas directly affected by this change be individually notified as it is done regularly for zoning matters. Member Padovan seconded the motion and it was approved by a 6-1 roll call vote. The vote was as follows: Board Members Broucek, O'Reilly, Fried, Padovan, Festa and Chairman Sime voting Yes; Board Member Han voting No. Chairman Sime made a motion to vote on the Board's recommendation to the Village Council regarding the proposed Ordinance as amended. Member Fried seconded the motion and it was approved by a 5-2 roll call vote. Members Han, Broucek, Fried, Festa and Chairman Sime voting Yes. Members O'Reilly and Padovan votingNo. John Little, Building, Planning and Zoning Director addressed the Council making the recommendation that after the ordinance comes back from the DCA a future workshop could be scheduled with specific property owners affected by the land use change for further information and education on the proposed changes. 3. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business. discussed: 2 of 3 Respectfully subm d: ADJOURNMENT: The meeting was adjourned at 8:25 p.m. Vixen Mau4, Deputy Village Clerk Approved this 10th day of March, 1998: Betty S. Chairman IFA PERSON DECIDES TO APPEAL ANYDECISIONMADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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 (FS286.0105). 3 VILLAGE COUNCIL MEETING VII LAGS OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 10, 1998 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:0© p.m. Present were Councilmernbers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Vivien Mauri and Village Attorneys Stephen Helfman and Richard Weiss. 2. INVOCATION: Reverend Pat Arnold from the Key Biscayne Presbyterian Church gave the invocation. 3 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge` of Allegiance. 4. APPROVAL OF MINUTES: No minutes were submitted for approval. 5: AGENDA: Mayor Festa requested the addition of a brief update on aircraft noise as Item 10A4 and a brief discussion on the Dade Delegationto the State Session as Item I0A5; Councilmember Han requested the addition of additional financial options for the sanitary sewer project as Item 10A6, and Councilmember Sime requested the deferral of Item 10A1. There were no objections to the agenda changes. SPECIAL PRESENTATIONS: There were no special presentations. 7. PUBLIC COMMENTS: Sam Davitian, 720 Myrtlewood Lane; Jaqueline De Leon, 650 Ocean Drive; Luis Lauredo, 375 Harbor Court; Toni Gorrin-Aldecoa, 650 Ocean Drive; Myriam C. Millares,650 Ocean Drive; Ed Meyer, 100 Sunrise Drive; Nancy Doke Harrison, 200 West Mashta; Sidney Cooper, 170 Ocean Lane Drive addressed the Council. At this time, it was the recommendation of the Attorney to suspend the regular Council Meeting, in order to open the Local Planning Agency public hearing and recommendations. 1 of February 10, 1998 Councilmember Han made a motion to suspendthe regular Council meeting. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmernbers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Mayor convened the meeting for the Local Planning Agency at, 7:45 p.m. (See minutes for the LPA meeting of February 10, 1998). The Mayor called the Council Meeting back to order at 8:25 p.m. 8. ORDINANCES: The Attorney read the fallowing proposed ordinance on first reading, by title, as recommended by the LPA Board. Members: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"). AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN"),BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (THE, "DESCRIPTION"); BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ;ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN: MINIMUM LOT SIZE REQUIREMENTS; AMENDING "COMMERCIAL"" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTION FOR '"PARK SIDE TRANSITIONAL RESIDENTIAW TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL. OFFICE ANTI) ,OTHER USES; TO RESIDENTIAL USE; REVISING A 111)BI'ION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING CRANDON BOULEVARD WHICH ARE ENVISIONED TO:, BE SUBJECT T'O, THE PARK SIDE G R ILIT TRANSITIONAL RESIDENTIAL DESCRIPTION; PROVIDINFOSEVERAB Y;1'ROVIDING F'OR AN EFFECTIVE DATE.. The Attorney indicated that the LPA has recommended approval of the ordinance subject to one amendment which is the map indexed as Exhibit "A". The map is a legal description which is attached to the ordinance. The Mayor opened the public hearing. There were no speakers present. The.,Mayor closed the public hearing. Councilmember O'Reilly made a motion to adopt the ordinance as recommended by the LPA. The motion was seconded by Councilmember Sime. Councilmember O'Reilly made an amending motion to include the addition of Exhibit "A" and that mail notices be sent to the directly affected property owners prior to the second reading and adoption of this ordinance. The motion was seconded by Councilmember Sime and approved by a 7-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor 2of7 February 10, 1998 Mayor Festa voting Yes.- Councilmember Padovan voting No. The ordinance as amended was adopted by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 9. RESOLUTIONS; The Deputy Clerk read the following resolution by title: RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTION 97-45 ON THE SAME SUBJECT' MATTER; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Padovan made a motion to approve the resolution. The motion was seconded by Councilmember O'Reilly. There was some discussion from Council regarding this topic. Councilmember O'Reilly made an amending motion to defer paragraph 14 to a next Regular Council meeting. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows`.Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to approve the resolution as amended. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek; Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Deputy Village Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITII WILLIAMS, HATFIELD & STONER, INC.; PROVIDING FOR AN EFFECTIVE DATE'. (EAST ENID IMPROVEMENTS) Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Village Planner, Raul Lastra, addressed the Council regarding this issue. 3of7 February 1.0, 1998 The following residents--addressedthe Council: Jacqueline DeLeon, 650 Ocean Drive; Helen White, 241 East Enid Drive; Ed Meyer, 100 Sunrise Drive. Councilmember Padovan made an mending motion to delete.iniprovements from the resolution and authorize the.new drainage outfall system. The motion was seconded by Councilmember O'R�illy, Vice Mayor Fried called thequestion and it was approved by a 7 -O voice vote. The vote was as follows: Councihnembers Broucek, Han, O'Reilly, Padovan, Sime; Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made -a motion to approve the resolution as amended.The motion was seconded by Councilmember Padovan and approved by ,a; 4,3 < voice; vote. The vote ,was as. follows' Councilmembers Flan, Padovan, O'Reilly and Mayor Festa voting Yes. Councilmembers Sime, Broucek and Vice Mayor Fried voting No - Mayor Festa made a motion to allow the contractor design a drainage system around the system, making it clear that the system is not being adopting, but that Councilwill havathe ability to change it. The motion was seconded by CounaalmemberO'Reillyand it was approved by a 7-0 voice vote. The vote was as follows; Councilmembers Broucek, Han, O'Reilly, Padovan Sime, Vice I'4yori Fried and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Festa requested that the Manager discuss the lobbyist issue. The Manager indicated that at the February 5, 1998 Council Meeting he was instructed to make a recommendation to Council, The Manager is recommending the hiring of Mr. Jack Peeples as lobbyist for a fee of $30,000 and stated that Mr. Peeples had offered to work on the beach issue at the State level pro -bong. Mayor Festa indicated that there are other issues in which a lobbyist could also represent the Village's interest: Police and Fire Retirement Plan, Airport Noise, Sanitary Sewers, underground wiring, Virginia Key playing fields., Councilmember Han made a motion to hire Mr. Jack Peeples pro-bono for beach nourishment and to authorize the Manager to spend up to $30,000 in the next year for a lobbyist for projects approved by Council. The motion was seconded by Councilmember Broucek. Councilmember Broucek called the question and it was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 4 of 7 February 10, 1998 The motion was approved by a 7-0 voice vote. The, vote was as follows: Councilinembers°Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Mayor indicated that there was no objection from Council regarding the request from Commissioner Jimmy Morales to hold a Town Meeting on Thursday, March 5,-1998 at 7:00 P.M. in the Council Chamber and instructed the Clerk's office to inform Commissioner Morales' office;' Vice Mayor Fried made a motion to authorize the Athletic Club to put portable backstops for the use of baseball facilities. The motion was seconded by Councilmember Sime and it was approved by a 7-0 voice vote. The vote was as follows: Couneilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Steven Simon 335 Harbor Lane addressed the Council on this issue. At this time, Mayor Festa gave an update regarding the Task Force Meeting for aircraft noise control, expressing his optimism that the problem will be solved and also informed the Council that equipment will be installed at Calusa Park to monitor the aircraft noise. Mayor Festa informed the Council that the anneal meeting for the Dade Delegation to the State Session will take place on February 25, 1998 stating that this gives communities the opportunity to talk to their representatives about their priorities requesting consensus from Council that the beach is the Village's number one priority. The Mayor requested the continued support of Council. Councilmember Han addressed the Council and the public presenting additional financing options for the sanitary sewer project and explained the different scenarios. There was extensive discussion from Council regarding this topic. Councilmember Han proposed in the form of a motion that in our financing plan any homeowner who takes the twenty year plan has the option to continue with the plan, whether the house is sold or the sewer is connected. The motion was seconded by Councilmember Sime and it was approved 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime and Vice Mayor Fried voting Yes. Councilmember Padovan and Mayor Festa voting No. Village Attorney. The Attorney did not submit a report. Village Clerk. The Deputy Clerk submitted the following item for information: letter to Mayor Festa and Village Council from Chilton E. Harper, Chairperson, regarding the Annual Art Festival, dated January 27, 1998. 5 of 7 a February 10, 1998 Village Manager. Mayor Festa made a recommendation regarding the 1998 Financing Plan for Land Acquisition and Stormwater Construction Program indicating that the information provided be closely studied. by Council and to conduct a workshop on this subject. The Mayor instructed staff toinvite Percy Aguiia;and the Finance Committee to attend the workshop. Mayor Festa recommended that the Manager provide copies of our Financial Policy to Councihnembers and for them to forwardatheir ideas to the Manager so that he can incorporate them in the packet, It was. the consensus olCouncii to have the Finance Workshop on; Monday, February the.23; 8,998: TheManager addressed the" Council regarding the Storm The Manager explained the proposed refuse collection service change adjustment by BEI Waste, indicating that BFI was asking for an increase in the:^cost to provide monthly bulky waste service. "the Manager stated that we are currently on our fourth year ofa five year service contract and that he does notrecommend an increase at this time Ross Johnsen; Director of Public--Affairs.for BFI Waste addressed the Council. The Managerpresented to the Council a request from Saint Agnes Catholic Church to hold a carnival from March 6 to March 8,1998 on the school and church premises located at 122 Harbor Drive. The Manager recommended approval, of the request Director of Building, Zoning and Planning, John Little, addressed the Council indicating that his department is working closely with Saint Agnes to'ensure that they are in compliance in order to issue the •appropriate permits. Vice Mayor Fried made a motion to approvethe request The motion was seconded by Councilmember Padovan and it was approved by a 7-0 voice vote_ The vote was as follows: Councilmembers froucek, Han, O'Reilly, Padovan, Sime Vice Mayor Fried and Mayor Festa voting Yes: The Manager reported that his office had received 42 applications from engineering firms for the different Village projects and requested direction from Council. The Manager recommended to narrow the list to the top ten companies and then provide the list to Council for their review. The Manager requested direction from Council regarding the 1998 Community Grant Program, as there is money budgeted for this item. Councilmember Padovan made a motion to have the Manager bring back to Council an amendment to the Budget and to move the Community Grant funds to the Special Events in the Recreation 6of7' February 10, 1998 Department's budget. The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sirne, Vice Mayor Fried and Mayor Festa voting Yes. It was the consensus of Council to hold the 1998 Goals and Objectives Workshop on March 11, 1998. The following information items were submitted to the Council: the monthly departmental reports (January) and the January 1998 monthly report Key Biscayne Chamber of Commerce_ 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. Respectfully submitted: Vivien Mauri, puty Village Clerk Approved this 14th day of April, 1998: F. Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON 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 TESTIMONYAND EVIDENCE UPON WHICH - THE APPEAL IS TO BE BASED. 7of7 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 24.1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDERIROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 pm. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly (arrived 7:25 p.m.), Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa: Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Steve Helfman. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3, APPROVAL OF MINUTES: The minutes of the Special Council Meeting of January 27, 1998; the minutes of the continuation of the Special Council Meeting of January 29, 1998 (continuation of Special Council Meeting of January 27, 1998); the minutes of the Town Meeting of January 29, 1998 the minutes of the Special Council Meeting of February 5, 1998 and the minutes of the Sanitary Sewer Workshop of February 5, 1998 were approved by unanimous consent 4. AGENDA Mayor Festa requested that Item 6D be heard as soon as the applicants arrive the Clerk requested the addition of an ordinance on first reading regarding stormwater sewer anticipation notes. There were no objections to the agenda changes. SPECIAL PRESENTATIONS: There were no special presentations. 6. BUILDING, PLANNING AND ZONING: All witness giving testimony in the following, zoning hearings were sworn in by the Clerk. Hearing Number 98 -0127 -VC -03. (Re -scheduled from the Hearing on January 27, 1998). Director of Building, Zoning and Planning, John Little, addressed the Council recommending that this application be deferred due to the fact that the applicant, Cafe Barcelona II, has not submitted the required documents to the department. 1 of 8 February 24, 1998 Mayor Festa made a motion to continue this hearing at the meeting of March 31, 1998. Couneilmeniber Sime seconded the motion and it was approved by a 6-0 roll call vote. The vote was as•.follows; Councilmembers Broucek, Han,, Padbvan, Sime, Vice Mayor Fried and Mayor Festa voting Yes: Hearing Number 98 -0127 -VC -04. (Re -scheduled from the Hearing on January 27; 1998). Tesaurus Holdings, Inc. Fininvest Investment, Limited, 200-24Q Crandon Boulevard, the applicants, are requesting an approval of the following; 1*.) A non-use variance of zoning regulations to permit residential use in separate buildings in the BU -1 district; 2.) A non-use variance of zoning regulations to permit 55.1%** (50% permitted) of the floor area ofa project in the BU -1 district to contain residential use, 3.) Anon -use variance of the height requirement, to „permit four (4) levels (and attic) with a height bfthirty-frve(35) 1eetato cave line and forty-six (46) feet to the highest point (ridge line) above the base floodelevation,(two stories and 35 fectpennitted); 4.) A non-use variance of .the floor area ratio to permit a floor,area rat i of 0.936(max.. 0.62 permitted); 5.) A non-use variance oftbe lot coveragf'regil remnent to permit a of cov'crage of 52.6% (max. 40% permitted); 614 A non-ase. variance of setback r giiireni ntt to permit a` 5 foot front sethack from Crandon Boulevard min. 20 feet''requited] aild albfoot ear seibaelc frofri Ferirwobd Road min. 20 feet required); 7). Ainort-ijse va'rtauce of Seeiofi 33 45'%f thetode,to waive tharequiremcnt that a 5 foot high masonry wall be placed on the{cominattproperty line separating residential and business zoning districts; 8.) An umtsxal use for entrance features; 9.) Special exception to pernti „site plan „.,,g ' ••,..4 devela ment:i"`I*`Based on me office and approval for a mixed gse (resid'enfia oirrmeciaY o ce)E p trxe mixed -use building beiFng considered as one f}ttrl'ding dire to the 1i i1� of the;parking garage. ' .. The Attorney adar sled the Co nnci Director Littleaddressed#lieki'cn €ol€owiitg cohd7tions•: Fe`r`nwood' required for the site pia review, as applicants ensure that rci`dentia Cade. 'Residentr'aal=Apar ieits: compliance of approved density, purpose. General: 1.) That the owner of the property ckr and Dade County Public t rk5IDeppt nenttfor`e fetin 2.) That all the applicable impact fee regi»remerits:be me of Oecupaney lie issued for th4commeblci'al t;o p 4) That the Dade County waste management reguiresp applicants meet with .tiietra$is counts n •sigaa112e: ion Dade County and Key Biscayrir lvldster`P ari T14t atiy roadway be absorbed by the applicants aiding tltisltearing sta€rng klential ;sidcitial FR • ii loo s meet tp3 are ui orris, n ptiy$ 2 8 one datiorz of approval subject to the rit ' 1.) Village Council's approval porn along Femwood Road; 2.) That the Parksrde'Transitional Residential Slat be; placed to ensure the future d be allowed for secondary rental o rdiinxkewith ;die Village of Key Biscayne, Gilt riprovements along Crandon Boulevard; the applicants; 3.) That no Certificate trl residential component is completed; en be Met for garbage pickups; 5.) That the aswell as level of service requirements by p sled improvements to signalization of 0 fct c sl en e February 24, 1998 Village Planner, Raul Lastra also addressed the Council regarding the Master Plan issue. The Mayor opened the public hearing. Joseph Goldstein, 1221 Brickell Avenue, Miami, representing the applicant; Alicia Koenig, Fininvest; Sean Fisher, representing Key Colony 11; Conchita Suarez, 201 Crandon Boulevard; Heidi Archibald, 881 Ocean Drive; Ramon' Blanco Herrera, 310 Fernwood Road; Mark Fried, 360 Glenridge Road; Ervin Adler, 201 Crandon Boulevard; Carol Mullen O'Leary, 444 Fernwood Road; Jorge de La Llama, Architect; Luis Arias, 100 Hampton Lane; Fritz Scharenberg, the applicant addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council on this issue. The applicant agreed to place traffic calming devices on Fernwood Road according to staff's recommendations. The applicant will be required to contribute land, within the Village, to meet Ioca1 concurrency requirements of .285 acres or equivalent value of the land. Councilmember Broucek made a motion to approve the application as presented since it is consistent with the Comprehensive Master Plan, specifically with use, height and lot coverage: The motion was seconded by Councilmember O'Reilly and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan voting No. Councilmember O'Reilly made a motion to approve the request according to staff's recommendation. The motion was seconded by Councilmember Broucek and approved by 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan voting No. Hearing Number 98 -0224 -VC -02. The Key Biscayne Ocean Club Limited Partnership, 755 Crandon Boulevard, the applicants, are requesting a final site plan approval of the Ocean Towers One and Two and other improvements to the previously approved site plan entitled "The Ocean Club, Master Plan", prepared by Bradshaw, Gill and Associates, dated July 27, 1995 (Resolution number 2-10- 95). Councilmember Padovan made a motion to table Hearing Number 98 -0224 -VC -02. The motion was seconded by Mayor Festa and approved by a 5-2 voice vote. ` The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek and Han voting No. 3 of 8 February 24, 1998 Hearing Number 98 -0224 -VC -01. - Antonio E. and Maria Rabassa, 300 Cypress Drive, the applicants, pursuantto Section 33-53.1 of the Key Biscayne Code, are requesting an approval of a non-use variance. ofpeven-and-a-half-foot (7.5') interior. sidesetback requirement to allow six -point even -two -foot (6,72') interior side setback from the proposed one-story,addition to the northerly property line 6f the subject property.., hector Little addressed the Council stating his, recommendation of denial, without prejudice. The Mayor opened the public hearing.Deborah de Leon, LOO Buttonwood, representing the applicant; Jacqueline Rose, 2000 South Bayshore Drive, Miami addressed the Council. The. Mayor closed the public hearing Councilmember Padovan made a. motion to grant the variance. The motion was seconded by Councilmember Han and approved by a 6-1 roll, call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padova;, Slate and Mayor Festa voting Yes. Vice Mayor Fried voting No. Mayor Festa made a motion to remove from t etable Hearing Number 98 -0224 -VC -02. The motion was seconded by, Councilmember O'Reilly and; approved by a 7-0 voice vote_ The vote was as follows: Councilrhembers Broucek, Han, O',Reilly, Padovan, Sime,; Vice Mayor Fried and Mayor Testa voting Yes. l learingNumner `98 -0224 -VC -02`. The Key Biscayne Ocean Club Limited Partnership. 755 Crandon Boulevard; the applicants, are requesting a final site plan approval of the Ocean Towers One and. Two and,other improvements to the previously approved site plan entitled The Ocean Club, Master Plan"„prepared by Bradshaw„, Gill and Associates, dated July 27 ,1995 (Resolution number 7 -1°- 95) - The Attorney addressed the Council regarding this request recommending deferral of the detailed site plan approval of Ocean Tower One to a next Council meeting. Director Little addressed the Council stating his recommendation of approval. The Mayor opened the public hearing. Carter McDowell, representing the applicant; John Hinson, 755 Crandon Boulevard, the applicant; Tucker Gibbs, 2665 S. BayshoreDrive, Suite 603, representing Casa del Mar; Garver Wilson 609 Ocean Drive; Sohn Thompson, Casa del Mar, addressed the Council. The Mayor closed the public hearing. Councilmember Han made a motion to defer the detailed site plan approval of Ocean Tower One.. The motion was seconded by Councilmember Padovan 4 of 8 February 24, 1998 Councilmember O'Reilly made an amending motion to defer the detailed site plan approval of Ocean Tower One to the meeting of March 10, 1998 at 6:00 p.m. The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han voting No. Councilmember Sirne abstained due to a conflict of interest. The motion to defer the detailed site plan approval of Ocean Tower One as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Sime abstained due to a conflict of interest At this time the Council took a 5 minute recess. Councilmember Broucek made a motion to extend the meeting. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to approve the request for detailed site plans for Ocean Tower Two and the Club Building. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Sime abstained due to a conflict of interest. Mayor Festa made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Han and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Padovan and Sime voting No_ At this time the Clerk read into the record, the results of the Sanitary Sewer Referendum: 372 votes were casted out of 706 eligible property owners. 173 voted Yes; 199 voted No; 327 property owners did not respond. Hearing Number 98 -0224 -VC -03. Omnipoint Communications, Inc., pursuant to Section 33-13 of the Metro -Dade County Zoning Code, the applicant is requesting an approval of an unusual use to place an unmanned telecommunication facility on the rooftop of Key Colony Condominium III located at 151 Crandon Boulevard. Director Little addressed the Council stating his recommendation of approval. 5 of 8 February 24, 1998 The Mayor opened the public hearing. Andy Zipmann, representing the applicant addressed the Council. The Mayor closed the public hearing. Vice Mayor Fried made a motion to approve the request. The motion was seconded by Councilmember Padovan and approved by a 7-0 roil tall vote, The vote was as follows:. Councilmembers Broucek; Han, O'Reilly, Padovan, Shire, Vice Mayor Fried and Mayor Festa voting Yes. Atthis tinge Come inlet Sime made a motion to hear the sanitary, sewer issue. The motion was. scd nded.1» Conhcil'ni nibcr Padovan and approved' by a' 6-1.' The 'vote was as follows: Count; Yine nbers Broucelc, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilme i erO'Reilly voting No Councilmernber Sime made a motion to proceed with the engineering plan in order to implement the, sanitary sciver`ancl `to request that the Manager collie up )With an'alternate financial plan. The motion. was `seconded bv-,Couneilmember Broucek and approved by a 7-0 voice vote. The vote was as. follows. GCouncilmembers Broucek, Han, O'Reilly, Padovan, Sime; Vice Mayor Fried and Mayor Festa voting Yes. The Cierk read into the reeo`r<I a letter to Mr. fames F. Whitley, Secretary of the Department of ( ornnunity Affairs„ flora 'M s- Nancy Doke liarrison; 200 West Mashta Drive, regarding the Sarutaky Sewers, dazed February 4, 1998. Couneilmemher Fried made a motion to extend the meeting until midnight. The motion was seconded try Course lmember Hail and approved by a 6-1 voice vote. The vote was as follows: Coundilinemberrs Broucek, Han, O'Reilly; Sime, Vice Mayor Fried -and Mayor Festa voting Yes: Councilnieinber Padfio`van voting No. Councilmember O'Reilly called the question and it was approved by a 6-1 voice vote. The vote was as follows: Cpuncilnierriber's Broucek, Padovan, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han voting No. Councilmember Sime made a motion to allow Councilmember Ilan to speak regarding the sanitary sewer issue. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek , Han, O'Reilly, Padovan, Sime, Vice Mayor Fried` and Mayor Festa voting Yes. Nancy Doke Harrison, 200 West Mashta Dri e: Wendy Iohannsen, 212 West Mashta Drive addressed the Council. 6of8 0 February 24, 1998 7. ORDINANCES: The Clerk the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Vice Mayor Fried made a motion adopting the ordinance on first reading. The motion was seconded by Councilmember Padovan and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk announced the second reading of the ordinance for March 10, 1998. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Attorney. The Attorney addressed the Council requesting to schedule an Executive Session regarding the Crandon Park litigation. The Executive Session was scheduled for Friday, February 27, 1998 at 8.00 a.m. in the Council Chamber. Village Clerk: The Office of the Mayor issued the following Proclamations: Love Your Neighbor Day and Atlantic Oceanographic and Meteorological Laboratory Day: Village Manager. The following items were submitted to the Council: 1998 Miami -Dade Days; Rotary Club Quarterly Award Officer Jorge Mora, Police Department; Letter to _Mayor and Councilmembers from Bob Levy, Robert M. Levy & Assoc., Inc. Regarding Ruth Campbell Day, dated January 30, 1998; letter to Ms. Nancy Doke Harrison from James F. Murley, Secretary, Department of Community Affairs, regarding sanitary sewers, dated February 18, 1998. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 7of8 February 24, 1998 12. ADJOURNMENT: The meeting adjourned at 12:05 a.m. Concltita11 Alvarez, Vilage.Clerk Approved this 31st day of March , 1998: Jolyti F Festa fayax IFA PERSONDECIDES TO APPEAL ANY DECISION BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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 TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL IS TO BE BASED. 8 of 8 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, FEBRUARY 23, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Michele Padovan was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wolpin. Mayor Festa led the pledge of allegiance: The purpose of the workshop is to discuss the financing options for land acquisition and stormwater construction programs and any other financial matter. The following participated in the discussions with the Council and public: Jeff DeCarlo, Village's Bond Counsel; Gerald Broucek, 170 Ocean Lane Drive; Onofre Torres, 600 Grapetree Drive; Sam Davitian, 720 Myrtlewood Lane; John Thompson, 881 Ocean Drive; Robert Maggs, 155 Ocean Lane Drive; Joe Rasco, 310 West Heather Drive. The Manager was directed to bring back to the Council Meeting of February 24, 1998 an ordinance authorizing the extension of the maturity date of its stormwater utility revenue anticipation notes not to exceed 364 days. The Manager was also directed to bring a motion to the Council Meeting of March 10, 1998 for financing the stormwater utility long teiuc. 5. ADJOURNMENT: The meeting adjourned at 9:50 p.m. I oft February 23, 1998 ctfully su ed• onchita II. -.Alvarez Village Clerk Approved by the Village Council this 31st day of March ,1998: F. Festa Mayor is. IFA PERSONDECIDES TO APPEALANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT: PERSON WILL NEED 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 TIIEAPPEAL IS TO BE BASED. 2 oft FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS \ST NA FIRST NAME- MIDDLE NAME I AILING ADDR YU cII'Y 1C ICH rEc )A #"EON ICH VOTE OCCU In o COUNTY 3 3 /Yt � � OU Cy; 1 M1 N � �� THF,NOARD.E'OUNCIY., COMMIS ON AUTHO OR Ckc44 N \WfHICH I SERVE IS A UNIT OF: yl CIY 0 COUNTY 0 OTHER LOCAL. AGENCY NAME OF POLITICAL. SUBDIVISION: MYPOSITION -IS: LX ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission; authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented. witha voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on thisform before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES - A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Seer 163.356 or 163.357, F.S., and. liofficers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and. daughter-in-law. A "business associate" means any person or entity engagedin, or carrying on a business. enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (wherethe shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS> Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whetherorally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recordingthe minutes of the meeting, who will incorporate the form inthe minutes. A copy of the form must be provided immediatelyto the other members of the agency. '4* The form must be read publicly at the next meeting after the form is filed. CE FORM 88 - 10-91 PAGE 1 b 8k. bF8a 8'88 i"F YOU FAKE N,O,hTT'EMPT?.TO INFLUENCE THE i>ECiS10N E3CCEP�1' BY DISCUSSION AT THE M • You must disclose orally the nature of your conflict inthe measure before,partieipating.;.- • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes oi� the meeting; .who'ntust incorporate the form in the minutes. A copy of -the form must be provided trnmediateiy to' the other members ofahe agency, and theform must be read publicly at thenext meeting after the form is filed. DISCLOSURE: OF LOCAL OFFICER% I hereby disclose that on a) A measure came or wilt come come before my;agencywhich (check one). inured to my -special private gain;. inured to the special gain of my business associate, inured to the special gain of my relative, — inured to the special gain of whom I antretained; os — inured to the special gain of which is the parent organization or subsidiary of a principal •which has •retained me. (b) The measure before my agency and the nature of my conflicting interest in the t 6 -1 -07L - 2Y) ! 717 Date Filed F Signature easw'e is a kip. O czQ:-- @ NOTICE- UNDER PROVISIONS OF FLORIDA STATUTES§1I2.317 (1941), A FAILURE. TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING; IMPEACHMENT, : REMOVAL. OR SUSPENSION FROM.OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION ifmt; SALARY, REPRIMAND, OR A CIVIL PENALTYNOT EXCEED $5,000:, CE FORM 8B - 10-91 PAGE 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 10, 1998. COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR • 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor. at 6:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime (arrived at 9:45 p.m.), Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Steve Helfman and Richard Weiss. 2. INVOCATION: Reverend Pat Arnold from the Key Biscayne Presbyterian Church, gave an invocation. 3 PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance. 4. APPROVAL OF MINUTES: The minutes of the Local Planning Agency Meeting of February 10, 1998 were approved by unanimous consent: 5. AGENDA: The Clerk requested the addition of a motion to authorize the Manager to look into the 325 Femwood Road property as Item 11A9. There was no objection to the agenda change. 6. BUILDING, PLANNING AND ZONING: All witness giving testimony in the following zoning hearings were swom in by the Clerk. Hearing Number 98 -0224 -VC -02. (Continuation from the hearing on February 24, 1998). The Key Biscayne Ocean Club Limited Partnership, 755 Crandon Boulevard, the applicants, are requesting a final site plan approval of the Ocean Tower One, prepared by Bradshaw, Gill and Associates, dated July 27, 1995 (Resolution No. Z-10-95). 1 of The Attorney addressed the Council and the public regarding the hearing. Councilmember Padovan disclosed that she had visited the site with John Little, Director of Building, Planning and Zoning. Director Little addressed the Council stating his recommendation of approval of the proposed site development and architectural building styles. The Mayor opened the public hearing. John Hinson, 755 Crandon Boulevard, the applicant; Camille Guething, 260 Seaview Drive; Adel EI-Etr, 120 Cape Florida Drive; Dan Zabuloski, 737 Crandon Boulevard; Jim Padilla; 755.Crandon Boulevard; Christian Sager, 335 Harbor Drive; Bill Durham, 748 Glenridge Road; Santiago Echemendia, representing Casa del Mar Condominium; Michael Kahn, 881 Ocean Drive;3Bill McCaughn, 511 West Mashta Drive representing 23 residents of Casa del Mar Condominium; Leon Riehartz, 881 Ocean Drive; Bernard Parker, 881 Ocean Drive; ljaydee Archibald, 881 Ocean Drive; Susan Gumbiner, 881 Ocean Drive; Carter McDowell, representing the applicant addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this hearing.. Councilmember Han made a motion to approve the site plan application since it is in substantial compliance with the original plan. The motion was seconded by Councilmember Padovan. Vice Mayor Fried made an amending motion to approve the site plan application subject to an additional 7 setback to the west ,.The motion was seconded by Mayor Festa and failed by a 3-3 roll call vote. the vote was as follows: Councd4nembers Broucek, Vice Mayor Fried and Mayor Festa voting Yes. Councihnembers Han, O'Reilly and Padovan voting Na: Councilmember Broueek made a further amending motion to approve the site application subject to an additional 8' setback to the west The motion was seconded by Vice Mayor Fried and failed by a 3-3 roll call vote. The vote was as follows: Oouncilmembers Broucek, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Han, O'Reilly and Padovan voting No. The main motion to approve the site plan application sinceit is in substantial compliance with the original plan was approved by a 4-2 roll call vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan and Vice Mayor Fried voting Yes. Councilmember Broucek and Mayor Festa voting No. Councilmember Han made a motion to reconsider the 107` setback. The motion was seconded by Vice Mayor Fried and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 2 of 6 March 10, 1998 Councilmember Han made an amending motion to approve the site plan application since it is in substantial compliance with the original plan, subject to an additional 7' setback to the west. The motion was seconded by Vice Mayor Fried and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The main motion as amended was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Vice Mayor Fried made a motion to approve the application as submitted, conditioned to the submittal of a revised detailed site plan reflecting that the easterly portion of Ocean Tower One building be setback an additional 7' from its existing location on the submitted drawings. The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. 7. SPECIAL PRESENTATIONS: The Mayor presented proclamations to the following residents and Police Officers in accordance with Village Council policy adopted on January 27, 1998: Mr. Felix C. Beruvides,'Mr. Michael Carricarte, Ms. Donatella Dillon, Mr. Matt Dillon, Mr. Carlos Gutierrez and Officer Brian Nusall. Mr. Richard Cromartie, Commander, American Legion Post #374, requested that the Mayor and Village Council approve the placement of a monument in memory of all American veterans who fought and died for our country to be located on the small area of ground between the flags on the Village Green. Councilmember Broucek made a motion to approve the request, subject to approval by the Planner. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor dosed the public hearing. 3 of 6 March 10, 1998 Vice "IMIayor Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Mayor Festa and adopted by a 5-2 rollcall vote. The vote was as fellows: Councimembers Broucek, Ban, O'Reilly, Vice Mayor: Fried and Mayor Festa voting Yes. Ciuncilmeinbers Padovan and Sime voting No. 10. RESOLUTIONS: The,Clerk read the following resolution by title:, A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO. 95-11, TO EXTEND THE MATURITY.DATE'AND CHANGE THE INTEREST RAIL ON THE BOND ANTICIPATION ,NOTES ISSUED PURSUANT 'THERETO; AND PROVIDIN;G,AN EFFECTIVE DATE. ; Mayor Fesiaanadea otion to a m pprove the resolution The motion was seconded by, Vice Mayor Ffied'and approved by a6-1 voice vote. The vote was as follows: Councilmembers Broucek, Ilan; O'Reilly, Padovan Vice Mayor,Fried and Mayor Festa voting Yes. Couneilmembcr She voting No. pia l T REl"ORTSs',` RECOMMENDATIONS: The follpwing items -were discussed: • Village Manager. The Manager addressed the Council regarding a professional engineering services agreement for sanitary sewer system design w hPBS&I Patricia Carney from Pl3S&Jiaddresse d the Council i. Haydee lrccl i'bald, ff81 Ocean Drive; Sam Davitian, 720 Myrtlewood Lane; Ray Sullivan 635 Harbor Circle addressed the Council. Vice Mayor b ried made a motion •to approve the Manager• 's request. The motion was seconded by Counctlrxienber` Bro}rcek and; approved, by a 6-1 voice vote. The vote was as follows Councilmembers Broucek, Ilan, O'Reilly, She, Vice Mayor'Fried and Mayor Festa voting Yes,, Councilmember Padovan voting No. The Manager presented Shannon Selby, Grand Bay Towers and Martin Margollis, 444 Grand Bay Drive who addressed the Council and the public regarding a request for permission to hold the Heat Family kestivaI at t1 e Grand Bay property on Saturday, March,21„ 1998. Councilmember Broucek made a motion to approve the request. The motion was seconded by Councilmember Hart and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried, and Mayor Festa voting Yes. 4of6 March 10, 1998 Councilmember Sime made a motion to hire Mr. Lyle Sumek, some time in the future, regarding a Leadership and Goal Setting Workshop for the Village Council. The motion was seconded by Councilmember Han and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Broucek, Han, Sinie and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. Councilmember Broucek made a motion to continue this meeting tomorrow at"7:00 p.m. The notion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. At this point the Village Attorney addressed the Council requesting an Executive -Session to discuss the pending litigation regarding Crandon Park. Village Clerk. The Clerk submitted to the Council more detailed information regarding the Sanitary Sewer Referendum results. The Clerk informed the Council and the public that the Office of the Mayor had issued the following proclamations during the month of February: Peace Corps Day, recognizing Village Planner Raul Lastra and Recreation Program Coordinator Loren Matthews. The following items were submitted to the Council` The monthly departmental reports (February), Memorandum from Howard Marlowe regarding the National Coastal Summit to be held from June 24 to June 26, 1998, dated February 26, 1998; February 1998 Monthly report Key Biscayne Chamber of Commerce; Memorandum to Ivfayor and Members of the Village Council from Village Manager regarding vacation, dated March 5, 1998. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public, 14. ADJOURNMENT: The meeting was adjourned at 11:10 p.m. 5of6 March 10, 1998 • Concha raa zge,Clerk Approved this 31st day of March , 1998\ E Fesga Cayor IFA PERSONDECIDES TOAPPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSONWILL 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. 6of6 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, MARCH 11, 1998 1: CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 pm. Present were"Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Woipin. PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance By unanimous consent of the Council the item regarding the West Mashta Bridge was made part of this agenda and heard at this time. Ramon Castello, representative from the design built team for the West Mashta Bridge addressed the Council presenting the 60% complete engineering design plan. Raul Lastra, 1510 Madrid Street, Coral Gables, Planning Consultant, addressed the Council. DISCUSSION: The purpose of the meeting was to discuss the Council's proposed 1998 Goals and Objectives. The Village Manager gave a brief update on the goals and objectives for 1997. Raul Lastra, 1510 Madrid Street, Coral Gables, Planning Consultant, addressed the Council. Councilmember Padovan made a motion to authorize the Manager to proceed with the Crandon Boulevard survey. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 1 of 4 March 11, 1998 Sam Davitian, 720 Myrtlewood Lane addressed the Council. Councilmember Padovan made a motion to authorize the Manager to proceed with the bidding for the extension of the sidewalk to the State Park. The motion was seconded by Vice Mayor Fried and approved by a 6-1 voice vote. The vote, was as follows: Councilmembers Broucek, Han, Padovan, Sine, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Councilmember Sime madea motion to authorize the Manager to proceed with the planning and cost estimates for the pavilion. The motion was seconded by Councilmember Broucek and approved by 6-1 voice vote. The vote was as:follows; Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Joe Rasco, 310 West Heather Drive, addressed Councilmember Padovan made a motion to authorize the Manager to get cost estimates for the lighting of the remaining of Crandon Boulevard median. The motion was seconded by Councilmember Sime and approved by a 6-1 woice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan Sime Vice. Mayor Frledand Mayor Festa voting Yes. Councilmember O'Reilly voting No. Councilmember Han made a motion to add a study of parting improvements for Harbor Drive. The motion was seconded by Camel hrrember Sime and approved by a 6-1 voice vote. The vote was as follows: Courfcilmembers Han, O'Reilly Padovan Sime„Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Broucek voting No. Chizf of f ire "Rescue, John C. Gilbert addressed the Council and public regarding the critical deterioratiau ohthe Fire Station: Councilmember Broucek made a motion to authorize the Manager to proceed with the planning for the construction of the Emergency Services facility. Councilmember Sime seconded the motion and it was approved by a 7-0 voice vote. The vote was as follows:- Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Testa voting Yes. Pamela Kirkpatrick, 62$ ,ernwood Road, Sam Davitian, 720 Myrtleewood Lane addressed the Council. Councilmember Padovan made a motion to authorize the Manager to look into the 325 Femwood Road property, next to the Village Green. The motion was seconded by Mayor Festa and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice: Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 2 of 4 . . Councilmember Sime made a motion to appoint Dr. Steve Simon as liaison for the Village regarding playing fields. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. March 11, 1998 Dr. Steve Simon, 335 Harbor Lane; Kenneth Newman, 1030 S.W. First Avenue, Miami addressed the Council It was the consensus of the Council to approve a parade, at the Village Green, sponsored by the Athletic Club on April 25, 1998, starting at 9:00 a.m. It also was the consensus of the Council to hold a workshop regarding playing fields on May 5, 1998 at 7:00 p.m. Councilrnember Broucek made a motion to authorize the Manager to look into the lighting of the media on Ocean Lane Drive. The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to authorize the Manager to proceed with a development plan for the Ocean Park. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Broucek addressed the public relations/communications goal. Pamela Kirkpatrick from the Chamber of Commerce; Sam Davitian, 720 Myrtlewood Lane addressed the Council regarding this issue. Haydee Archibald, 881 Ocean Drive; Jacqueline de Leon, 650 Ocean Drive;; addressed the Council. Councilmember Padovan suggested that Calusa Circle be added under Crandon Boulevard. There was no objection to the request twas the consensus of Council to add as a goal the removal of the Nixon villa prior to hurricane season. Councilmember O'Reilly made a motion to add to priority #1 an immediate policy to make the Village debt free in 10 years. The motion was seconded by Councilmember Broucek. Mayor Festa made an amending motion to have, as a goal, the Village debt free in 20 years. The motion was seconded by Councilmember Padovan and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han voting No. 3 of 4 March 11, 1998 Councilmember Broucek made an amendment to the amended motion to make the Village debt free in 15 years. The motion was seconded by Councilmember Padovan and failed by a 1-6 voice vote. The vote was as follows: Councilmembers Broucek voting Yes. Couneilmembers O'ReiIly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No. The motion as amended was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han voting No. Councilmember O'Reilly made a motion proposing to establish as a goal control of the budgets. The motion died for lack of a second. Sam Davitian, 720 Myttlewood Lane addressed the Council, 10. ADJOURNMENT: The meeting was adjourned at 10:07 p.m. Resec fully submitted: Conchita H. Alvarez, Village Clerk Approved this 31st day of March , 1998: a a F:.Festa ` Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION NIADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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. 4 of 4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, MARCH 11, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 10:10 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty,Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wo1pin. PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance. 3. AGENDA: The following changes were made to the agenda: Councilmember Broucek requested that Item 11A7 be heard at the beginning of the agenda; Councilmember Padovan requested Item 10C be heard at the beginning of the agenda There were no objections to the agenda changes: Pamela Kirkpatrick, 628 Fernwood Road addressed the Council regarding a petition from Fernwood Road residents addressing the issue of the completion of stormwater drainage along Fernwood Road and mitigation of ponding:_ Councilmember Han made a motion to extend the stoi 'water sewer to that area The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice MayorFried and Mayor Festa voting Yes. Mayor Festa made a motion to authorize the Manager to conduct a study on how to modify the county drainage problem. The motion was seconded by Couneilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. l of 4 March 11, 1998 The Clerk read the following A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING PROPOSAL 40 OF THE CONSTITUTION REFORM COMMITTEE AUTHORIZING LOCAL MUNICIPALITIES, TO CREATE AND MAINTAIN THEIR OWN LOCAL SCHOOL BOARDS. PROVIDING FOR AN EFFECTIVE DATE Counciimember O'Reilly made? motion to approve the resolution. The motion was seconded by Couneilntember Padovan and approved by a 7-0 voice vote.. The vote was as follows: Councihnembers Broucek, Han, O Reillyk Padovan, Sime, Vice Mayor Friedand Mayor fiesta voting Yes. James Ferrara, Miami, addressed the Council regarding this resolution. PUBLIC -COMMENTS: There were na speakers present. RESOLUTIONS:: TheClerk`read the foIlowingresolution by title:'' A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE 1998 FLORIDA LEGISLATURE TO PASS ROUSE BILL 3427 AND SENATE BILL 882 WHICH PROVIDES A DEDICATED` FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT; PROVIDING FOR AN EFFECTIVE DATE. CounciImember Broucek made a Motion to approve the resolution. The motion was seconded by Councihnember Sime and apptoyed bj a 1-(1 voiee vote. The vote was as follows: Couneilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerkread the following resolution by titles A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PETITIONING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS TO PERFORM A FEDERAL AVIATION REGULATION (FAR) • PART 150 AIRPORT NOISE COMPATIBILITY PROGRANI AT MIAMI INTERNATIONAL AIRPORT; PROVIDING. FOR AN EFFECTIVE DATE. ' Ed Meyer, 100 Sunrise Drive addressed the Council. 2of4 March 11, 1998 Mayor Festa made a motion to approve the resolution. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTION 97-45, ON THE SAME SUBJECT MATTER;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Sime. Councilmember O'Reilly made an amending motion to amend paragraph 4 by deleting requests that and be removed from and add objects to and on. The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made an amending motion to amend paragraph 4 by deleting the words single and roll call. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to table items 13 & 14 of this resolution. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows; Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor` Fried and Mayor Festa voting Yes. Councilmember Sime made an amending motion to the table, to approve the resolution except for items 13 & 14: The motion was seconded by Councilmember Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'ReilIy Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 5. REPORTS AND RECOMMENDATIONS:. The following items ere discussed: Mayor and Couneilmembers. Vice Mayor Fried, addressed the Council regarding the agenda item Public Comments. 3 of 4 March 11, 1998 Councilmember Padovan made a motion to extend the meeting to 11:05 p.m. The motion was,, seconded- by Mayor Festa and failedby a 4-3 voice vote. The vote was as follows: Councilmembers ":Han, Padovan; Shine and Mayor Festa voting Yes. Councilmembers Broueek.O'Reiily and Vice ayor Fried voting No. Village Attorney: The Attorney did not submit a report. O HERB[3SINESS/GENERAL DISCUSSION: There was no further business discussed. `SCREITULE OF FUTURE,MEETIN, GS/EVENTS: A schedule efpfuture meetings and events was presented to the Connell and the public. ADJOURNMENT: The meeting was adjourned at 11:05 pm. Approved this 31st day of March , 1998: E Festa ayor IFA PERSONDECIDES TO APPEAL ANYDECISIONMADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON 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. 4of4 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, MARCH 16, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 8:00 am. Present were Councilmembeis Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Acting Village Manager Michael J. Flaherty, Village Clerk Conchita Alvarez and Village Attorneys Richard Weiss and Joe Serota. 2. BUSINESS: The Mayor addressed the Council and the public stating that the purpose of this meeting is to discuss the upcoming concert at the Lipton to see if it is in violation of the settlement between the Village of Key Biscayne and Miami -Dade County. Attorney Joe Serota informed the Council that Miami -Dade County was advised of this meeting, but declined to send a representative. The Attorney addressed the Council regarding the restrictive covenant explaining that Council has two options: 1.) file lawsuit or injunction and 2.) ignore the event. The following persons addressed the Council: Bill Walker, attorney with White Case, Miami; Butch Buchholtz, President, Lipton Championships; Alvah Chapman, Jr:, Director and Retired Chairman/CEO Knight Ridder, Miami; Tom Eddior, Miami; Conchita Suarez, 201 Crandon Boulevard; John Hinson, 755 Crandon Boulevard; Chris Sager, 335 Harbor Drive. Acting Manager/Chief of Police, Michael J. Flaherty addressed the Council regarding the impact of this event in case of an emergency. There was extensive discussion from Council on this issue. Councilmember O'Reilly excused himself from the meeting at 9:00 a.m. 1 of March 16, 1998 Mayor Festa made a motion to approve the event with the following conditions: 1.) Stop immediately selling tickets through Ticketmaster; 2.) That no event like this take place in the future and 3.) That any changes to the Lipton event be brought before. the Village Council on a year to year basis. The motion was seconded by Councilmemler Broueek. Vice Mayor Fried made an amending motion to have the Lipton organizers join the covenant that the Village has with Miami -Dade County. The motion was seconded by Councilmember Han and approved by a 6-0 voice vote. The vote was as follows: ` Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The motion as amended was approved by a 6-0 voice vote. The vote was as follows: Couneilmembers Broucek, Han; Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 4. ADJOURNMENT: The meeting was adjourned at 9:10 a.m. on hata H. Alvarez?, Village Clerk — Approved this 31st day of March , 1998: F. Festa yar IFA PERSON DECIDES TO APPEAL ANY DECISION MADEBYTHE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT MEETING 01? HEARING, THAT PERSON WILL NEED ARECORD 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. 2of> MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 31, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han (arrived at 7:10 p.m,), Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Hugh O'Reilly was absent Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Steve Hlelfman. 2. PLEDGE OF ALLEGIANCE:' Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the Village Council Workshop of February 23, 1998; the minutes of the Special Council Meeting of February 24, 1998; the minutes of the Council Meeting of March 10, 1998; the minutes of the Special Council Meeting (Goals and Objectives) of March 11, 1998; the minutes of the continuation of the Council Meeting of March 10, 1998 and the minutes of the Special Council Meeting of March 16, 1998 were approved by unanimous consent: 4. AGENDA: Councilmember Padovan requested the addition of a brief discussion regarding the upcoming Dade Days in Tallahassee. SPECIAL PRESENTATIONS: There were no special presentations. 6. BUILDING, PLANNING AND ZONING: All witness giving testimony in the following zoning hearings were sworn in by the Clerk. Hearing Number 98 -0127 -VC -03_ (Re -scheduled from the Hearing on January 27, 1998 and the Hearing on February 24, 1998). Cafe Barcelona II, 971 Crandon Boulevard, unit Nos. 971 and 973, the applicants are requesting: 1.) Unusual use to permit outdoor dining in connection with the 1 of 7 March 31, 1998 existing restaurant; (2) A modification to conditions within prior approvals and recorded covenants to allow for a change in the site plan for development of the subject property; from: "That said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A",, prepared by Sarille-Rodrigo-Tarafa, Joint Venture, Architects entitled "Key Biscayne Shops", dated 22nd day of February 1978, as per revisions dated the 17th day of March 1978 and revised plans shown in the attached Exhibit `B", prepared by 0. J. Jorgensen & Associates entitled "L'Esplanade Mall, 971 Crandon Boulevard, Key Biscayne, Florida"; dated March 17, 1995, as per revision on 99th day of April, 1995_" To: "That said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A" prepared by Sariile- Rodrigo-Tarafa, Joint Venture; Architects }entitled "Key Biscayne Shops" dated 22nd day of February 1978, as per revisions dated the 17th day of March 1978 and revised plans shown in the attached Exhibit "B", prepared by O. J. Jorgensen & Associates entitled "L'Esplanade Mali, 971 Crandon Boulevard, Key,Biscayne Florida"; dated March 17, 1995, as per revision on the 19th day of April 1995 and, further revised plans shown in the attached Exhibit "C", prepared by David J. Cabarrocas Architect entitled "Wood Deck at Barcelona Restaurant dated 22nd day, of October 1997 for a restaurant; to build; a. proposed, open terrace facing Crandon Boulevard to, provide an outdoor seating and dining area." k '44 Director of Building, Zoning and Planning, John Little, addressed the Council stating his recommendation of denial without prejudice: The Attorney addressed the Council regarding this application. The Mayor opened, the public hearing. The applicant was not present. Conchita Suarez, 201 Crandon Boulevard; Camille Guething, 260 Seaview Drive; Jim O'Neil, 210 Seaview Drive addressed the Council. The Mayor closed the public hearing. Vice Mayor Fried made a motion to deny the request with prejudice. The motion wasseconded by Councilmeniber Padovan and approved by a 6-0 roll call vote. The vote was as follows: Councilmenibers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Hearing Number 98 -0331 -VC -01. Dover Financial, S.A., 140 Cape Florida Drive, the applicants, pursuant to Section 30-63 (C'.2) of the Key Biscayne Code, are applying for a non-use variance of a -maximum -of -five -foot -distance requirement to allow the proposed boat dock and lift to extend twenty feet (20') into the Pines Canal from the subject property. Director Little, addressed the Council stating his recommendation ofapproval subject to the following condition: That at least one mooring pile be placed on the outer edge of the boat lift and meet with Village Code requirements for setbacks extending distance as well as any other applicable code requirements. ' 2of7 March 31. 1998 Councilmember Padovan disclosed that she visited the site. The Mayor opened the public hearing. Don Digiacomo, Bunnell Foundation, representing the applicant, addressed the Council. The Mayor closed the public hearing. Councilmember Han made a motion to defer this hearing to the meeting of April 28, 1998. The motion was seconded by Councilmember Sime and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan voting No. ORDINANCES: There were no ordinances considered by the Council. RESOLUTIONS: There were no resolutions considered by the Council. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Festa made a motion to remove all concrete barriers along Harbor Drive, specifically from St. Agnes and the Yacht Club. The motion was seconded by Councilmember Padovan. Director Little and the Manager addressed the Council regarding this issue. Councilmember Sime called the question and it failed by a 3-3 voice vote (2/3 votes required). The vote was as follows: Counciimembers Broucek, Sinie and Vice Mayor Fried voting Yes. Councilmembers Han, Padovan and Mayor Festa voting No. The main motion failed by a 2-4 voice vote. The vote was as follows: Councilmember Padovan and Mayor Festa voting Yes. Councilmembers Broucek; Han, Sime and Vice Mayor Fried voting No. Councilmember Padovan made a motion to have a discussion of not more than 20 -minutes regarding the Beach Fill Project of the Ocean Club Development. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan addressed the Council regarding the quality of the sand that is being placed on the beach in front of the Ocean Club Development. Jack Attias, 600 Grapetree Drive; Harold R. Wanless, Professor Geological Sciences, University of Miami, recommending to get this recent beach fill off of the beach immediately; Brian Flynn;- Coastal Programs' Administrator, DERM, stating that a wet sieving test of the sand and a test to determine if this sand is hazardous to the health will be 3of7 March 31, 1998 conducted; Mabel Miller, 210 Seaview Drive; Ed Meyer, 100 Sunrise Drive; Conchita Suarez, 201 Crandon Boulevard addressed the Council regarding this issue. Councilmember Padovan introduced a motion to discuss improvement of relationship among Councilmembers and length of comments, The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek Han' Padovan, Sime, Vice Mayor Fried ansi Mayor Festa voting -Yes. -,; Vice Mayor Fried made a motion to increase the Clerk's salary to: $40,000., The motion. was: seeonded'by-Cauneilmember Broucek. Councilmember Han made an =ending motion to increase the clerk's salary by 5%. The motion was seconded by r., ayor Festa and= failed by a 2-4 voice vote, The vote' was., as 'follows:,, Councilmember Han and Mayor Festa voting Yes. Councilmember Broucek, Padovan, Sime and Vice Mayor- Fried voting Na. Camille Cruetl .ing, 260 Seaview, Drive addressed the Council. Councilmember Broucek called the question and it was approved by a 6-0 voice vote. The vote' was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Fried motion was approved by a 6-1 voice: vote. The vote wasas follows: Councilmembers. Broucek, Han, Padovan, Sime and Viee Mayor Fried voting Yes. Mayor Festa voting No. Councilmember Padovan addressed the. Council regarding the Dade Days in Tallahassee.. Councilmember Broucek addressed the Council regarding;the elevators at L'Esplanade Shopping Center being out of order all the time. Conchita Suarez, 201 Crandon Boulevard addressed; the Council regarding this issue. Director Little addressed the Council regarding the elevators at L'Esplanade Shopping Center and: was directed to look into this problem and report back to the Council. Mayor Festa and Councilmember Padovan addressed the Council regarding the status of the Recreation Department. The Manager addressed the Council regarding this issue. Councilmember Padovan requested consensus from Council to allow the Key Biscayne Elementary School the use of the Village bus for their summer camp program, 0 4of7 March 31, 1998 Carol Ann Rudy Friedberg, 25 N.B. 99 Street, Miami Shores; Ann Marie Calvo, 290 Sunrise Drive; Joyce Olivera, 203 East Enid Drive; Bonnie Cooper, 77 Crandon Boulevard addressed the Council. It was the consensus of Council that the Manager meet with representatives of the Drama Club to look into offering a program for the residents. Vice Mayor Fried made a motion to authorize the Manager to advertise for a qualified person to head the Recreation Department. The motion was seconded byCouncilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan made a motion to have the Manager hire a person to run the short term programs of the Recreation Department. Mayor Festa seconded the motion and it failed by a 3-3 voice vote. Councilmembers Broucek, Padovan and Mayor Festa voting Yes. Councilmembers Han, Sime and Vice Mayor Fried voting No. Frank Garisto, 203 Sunrise Drive addressed the Council regarding the Village Voices.. Councilmember Padovan made a motion to adopt the proposed 1998 Goals and Objectives. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Mayor requested consensus from Council to have the Manager address the concerns of the residents of West Wood Drive regarding traffic calming and sidewalks. The Manager was directed to have the engineer incorporate traffic calming with the sidewalks for West Wood Drive and West Heather Drive. Village Attorney. The Attorney did not submit a report. L Village Manager. The Manager presented to the Council an estimated cost for the Sanitary Sewer Construction Project and optional financing plans. Mayor Festa made a motion to authorize the Manager to look into a 50% option from the General Fund and how it affects the Capital Program. The motion was seconded by Councilmember Padovan. Councilmember Broucek made an amending motion to look into the three (3) options presented by the Manager, 12% (Option #3), 26% (Option #1) and 44% (Option #2) as a basis for discussion. The motion was seconded by Vice Mayor Fried. The Attorney addressed the Council regarding the Sanitary Sewer project. Sof7 March 31, 1998 Camille Guething, 260 Seaview Drive; Haydee Archibald, 881 Ocean Drive; Carol Mullen O'Leary, 444 Fernwood Road addressed the Council. Councilmember Han made a motion to _table the motion. The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No. Councilmember Broucek made a motion stating that Council'agrees to build a sanitary sewer. The motion vsasseconded by Councilmember Han and approved by a 4-2 voice vote, The vote was as follows: Counciimembers Broucek, Fried, Han, Sime and Vice Mayor Fried voting Yes. Councilmember Padovan and Mayor Festa voting No. Chris 7ohannsen„ 212. West MashtaDrive addressed the Council, It was the consensus of Council to have the Manager bring before Council how the sanitary sewer. is going to impaM the capital programs. The Manager recommended that the smallest amount possible from the General Fund be used for the Sanitary Sewer.; The Manager presented to the Council a report regarding the municipal resort, tax/county development tam_ a.) Dade County $ 38,132,108; b) Village of Key Biscayne $ 1,103,334. Councilmember Han made a motion to authorize the Manager to negotiate with the different firms which will provide general consulting architectural and engineering services to the Village and bring proposals before Council for approval. The motion was seconded by Councilmember Padovan and. approved by a 6-0 voice vote. The vote was as follows: Couneilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa requested the deferral of the discussion regarding employee policies and procedures. There was no abjection to the request. The Manager reported that the East Enid Drive improvement program should be finalized by April 14, 1998 and the Fernwood Street drainage project will be placed on the next agenda with a change order to do that work, Village Clerk. The Clerk submitted to the Council a certificate of legal insufficiency for the petition for amendment to the Charter, due to a deficiency in the required number of signatures of electors; Conchita Suarez, 201 Crandon Boulevard addressed the Council. 6 of 7 March 31, 1998 The following item was submitted for information: a memorandum to the Members of the Village Council regarding attendance of the Clerk to a Records Management Certification Program on April 29 and 30, 1998, dated March 25, 1998. The Office of the Mayor issued the following Proclamations during the month of March: Days of Remembrance and March of Dimes WalkAmerica Day. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A scheduleof future meetings and events was presented to the Council and the public. 12. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. Conchita H. Alvarez, Village Clerk Approved this 14th day of , 1998: F. Festa yor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTERCONSIDERED AT MEETING OR HEARING, THAT PERSON 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. 7of7 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, APRIL 9,1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The Mayor called the meeting to order at 8:06 am. Present were Coupcilmembers Martha Broucek, Gregory Han, Hugh O'Reilly Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Steve Hellman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADVISING THE FLORIDA LEGISLATURE THAT THE VILLAGE COUNCIL OPPOSESTHE ADOPTION OF HOUSE BILL 4031, WHICH' ATTEMPTS TO CIRCUMVENT THE REQUIREMENTS OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT BY ALLOWING THE RENOVATION, EXPANSION AND ADDITION OF THE MIAMI SEAQUARIUM PROJECT WITHOUT COMPLIANCE WITH COMPREHENSIVE PLAN REQUIREMENTS; PROVIDING FOR DISTRIBUTION OF RESOLUTION; PROVIDING FOR EFFECTIVE DATE. The Attorney and the Manager addressed the Council regarding this resolution. Couneilmember Sime made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried. 1 of 3 April9, 1998 Gene Stearns, 180 Cape Florida Drive; Bobette W. Rousseau, 665 Curtiswood Drive addressed the Council Councilmember O'Reilly made an amending motion to add an additional provision stating that such interference is an intrusion into the Constitutional separation of powers and violates final judicial edicts and to add House Bill 4031 and the President of the Senate to Section 3: The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Sime called the question and it was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Councilmember Broucek and Mayor Festa voting No. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 4. BUSINESS: The following item was discussed:: The Attorney and the Manager addressed the Council regarding the lobbyist. Vice Mayor Fried made a motion to hire Richard Pinsky as our lobbyist to deal with the Seaquarium issue. The motion was seconded by Councilmember O'Reilly. Councilmember Han made an amending motion to add two names (Hoppins and Pinsky) to the short list and for the Manager to hire one paid lobbyist up to a maximum of $10,000. The motion was seconded' by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The motion as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. ADJOURNMENT: The meeting was adjourned at 9:00 a.m. 2of3 0 April9, 1998 Resseetfully submitted: Conchita H. Alvarez, Village Clerk Approved this 28th day of April , 1998: F. Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 3 of 3 MINU 1ES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 14, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councihnembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: Attorney Weiss gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance. 4. APPROVAL OF MINUTES: The minutes of the Regular Council Meeting of February 10, 1998 and the minutes of the Special Council Meeting of March 31, 1998 were approvedby unanimous consent. 5. AGENDA: Councilmember Broucek requested the deferral of items 10A4 and 10A5 to the next Council meeting and to move Item 10D2 to the beginning of the agenda; Councilmember Sime requested to move Item 10C1 to the beginning of the agenda behind Item 10D2 and to add a report under the Attorney regarding the Seaquarium situation at the state level; CounciImember Han requested the addition of a brief discussion regarding the Orange Bowl Tennis Tournament and Real Estate Signs as Items 10A7 and 10A8 respectively; Vice Mayor Fried requested the addition of a resolution regarding revised special rules of order for meetings of the Village Council. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: There were no special presentations. PUBLIC COMMENTS: Jack Attias, 600 Grapetree Drive addressed the Council. 1 of 5 April 14, 1998 8. ORDINANCES: There were no ordinances considered by Council. At this time a report from the Manager regarding the Sanitary Sewer construction project Capital Financing Plan was heard. The Manager addressed the Council and the public regarding the financial impact of the sanitary sewer project on the various capital projects. Councilmember Broucek made a motion to have the sanitary sewerconstructed by means of a special assessment to those residents that will benefit from the improvements and that the Village will try to work out a program for those residents who have trouble with the special assessment so that they would be able to have a loan available to them_ The motion was seconded by Councilmember Sime. Mayor Festa made a motion to defer this entire item. The motion was seconded by Councilmember Han and it failed by a 0-7 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No. There was extensive discussion from Council on this issue. The Attorney addressed the Council stating that the fact that Councilmembers benefit, as part of the community as a whole, does not create a conflict of interest Councilmember Broucek made an amending motion to allocate 10% of the general fund for the cost of the construction of the sanitary sewer. Councilmember Han seconded the motion. The Attorney addressed the Council stating that the sanitary sewer was part of the negotiations with DCA to approve the Master Plan. The following residents addressed the Council: Eduardo Benet, 77 Crandon Boulevard; Mary Willis, 210 Seaview Drive; Paul Auchter, 1111 Crandon Boulevard; James L. Peters, 561 Allendale Road; Michael Kahn, 881 Ocean Drive; Jacqueline de Leon, 650 Ocean Drive; John Thomson, 881 Ocean Drive; Jeannette Drouin, 575 Crandon Boulevard; Camille Guething, 260 Seaview Drive; Pamela Kirkpatrick, 628 Fernwood Road; James Kirkpatrick, 628 Fernwood Road Manfred Kaminsky, 300 Galen Drive; CharbeI Dandah, 740 Myrtlewood Lane; Antonio Camejo, Key Colony III; Haydee Archibald, 881 Ocean Drive; Nancy Doke Harrison, 200 West Mashta Drive; Carol Mullen O'Leary, 444 Fernwood Road; Dan Morrison, 797 Glenridge Road; Conchita Suarez, 201 Crandon Boulevard; Wendy Johannsen, 212 West Mashta Drive. Councilmember Sime made an amendment to the amending motion to delete 10% and substitute it by 5%. The motion was seconded by Councilmember Han and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime and Vice Mayor Fried voting Yes. Councilmembers Broucek, Padovan and Mayor Festa voting No. 2 of 5 April14, 1998 Councilmember O'Reilly made an amendment to the amending motion by deleting 5% and substituting it by 0%. The motion was seconded by Councilmember Padovan and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Vice Mayor Fried voting Yes. Councilmembers Broucek, Han, Sime and Mayor Festa voting No. The main motion as amended was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime and Vice Mayor Fried voting Yes. Councilmembers Broucek, Padovan and Mayor Festa voting No. At this time the Clerk reported that the petition to amend the Charter had been certified sufficient and that according to the Home Rule Charter and the Charter of the Village of Key Biscayne an election should be held no sooner than June 29, 1998 and no later than August 5, 1998. The Mayor made a motion instructing the Attorney to draft a resolution calling the election via mail ballot. The motion was seconded by Councilmember Han. It was the consensus of Council to extend this discussion for 10 minutes before going to the Manager's report. Councilmember Han made an amending motion to hold a regular election instead of a mail ballot election. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan made an amending motion to hold the election on June 30, 1998. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Attorney addressed the Council regarding this issue. There was extensive discussion from Council regarding this issue. The main motion as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Sime made a motion to have a resolution from Council opposing the Charter amendment. The motion was seconded by Councilmember Broucek and approved by a 5-2 roll call vote. The vote wasasfollows: Councilmembers Broucek, Han, O'Reilly, Sime and Vice Mayor Fried voting Yes. Councilmember Padovan and Mayor Festa voting No. 3 of 5 April 14, 1998 The Attorney addressed the Councilregarding the Seaquarium informing Council that DCA is against this bill. The Attorney further addressed the residents urging them to contact Senators Gutman, Diaz Balart, Casas, Jones and Silver encouraging them to oppose this bill. The Manager addressed the Council regarding the fireavarks for the 4th of July recommending Firepower Display Unlimited, Inc. be awarded the contract for this year. Oscar Fumagali, representing Zambelli Fireworks; Gary Evans, owner of Firepower Display Unlimited addressed the Council: Councilmember Padovan made a motion to award the fireworks contract to Zanibelli International. Theinotion was seconded by Councilmember O'Reilly and failed by a 0-7 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No. Chief of Fire Rescue, John C. Gilbert addressed the Council regarding the fireworks issue. Councilmember Han made a motion to award the fireworks contract to Firepower Display Unlimited.The motion was seconded by Vice Mayor Fired and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes_ Councilmember Broucek made a motion to extend the meeting 10 more minutes. The motion was seconded by Councilmember O'Reilly and failed by a 4-3 voice vote (rule of five). The vote was as follows: Councilmembers Broucek, Han, O'Reilly and Vice Mayor Fried voting Yes. Councilmembers Padovan, Sime and Mayor Festa voting No. Councilmember Sime made a motion to reconsider the motion to extend the meeting. The motion was seconded by Councilmember O'Reilly and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime and Vice Mayor Fried voting Yes. Couneilmember Padovan and Mayor Festa voting No. The motion to extend the meeting for 10 more minutes was approved by a 5-2 voice vote. The vote was as follows. The vote was as follows: Councilmembers Broucek, Han, O'ReiIIy, Sime and Vice Mayor Fried voting Yes. Councilmember Padovan and Mayor Festa voting No. The construction team for the West Mashta Bridge gave a report regarding the final plans for the bridge. 4 of 5 April 14, 1998 Vice Mayor Fried made a motion authorizing the Manager to proceed with the construction of the West Mashta Bridge. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The following information items were submitted to the Council: the monthly departmental reports (March); the March monthly report for the Key Biscayne Chamber of Commerce; Memorandum to Village Manager from Jack Peeples, regarding a report on Key Biscayne Beach Erosion Control Project, dated March 11, 1998; letter to Village Manager from the Key Biscayne Chamber of Commerce regarding Village Voices, dated March 22, 1998. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 13. ADJOURNMENT: The meeting was adjourned at 11:15 p.m. and it will be continued on Thursday, April 16, 1998 at 7:00 p.m. RespegtfuUy submitted: Conchita H. Alvarez, Village Clerk Approved this 28th day of April , 1998: 97 a -e - fin F. Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMA TTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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. 5 0{5 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, APRIL 16, 1998 (CONTINUATION OF APRIL 14, 1998 MEETING) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The continuation meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wolpin. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE INCREASE OF THE FLORIDA HOMESTEAD EXEMPTION.. Councilmember Padovan made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Councilmember O'Reilly made a motion to table this resolution. Vice Mayor Fried seconded it and it was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THAT THE FLORIDA STATE LEGISLATURE DEVISE THE METHODOLOGY FOR FAIR FUNDING FOR URBAN AREAS WHICH SERVE LARGE AND COMPLICATED POPULATIONS SUCH AS TAE MIAMI-DADE JUVENILE ASSESSMENT CENTER. 1 of 8 Councilmember Padovan made a motion to approve the resolution. The motion was seconded by Mayor Festa and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime „and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Fried voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE FLORIDA LEGISLATURE TO PASS SENATE BILL 1478 AND HOUSE BILL 3827 (INSURANCE COVERAGE); PROVIDING FOR AN EFFECTIVE DATEa, Councilmember Broucek made a motion to approve the resolution. The motion was .seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED FIVE YEAR AGREEMENT BEGINNING OCTOBER 1,1998 THROUGH SEPTEMBER 30, 2003 BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY FIRE RESCUE SERVICES; PROVIDING FOR AN Elt'ECTIVE DATE. Vice Mayor Friedmade a motion to approve, the resolution: The motion was seconded by Councilmember O'Reilly. Chief of Fire Rescue, John C. Gilbert addressed the Council regarding this resolution. Mayor Festa made an amending motion to add under Section VII add the, words "if fair market value does not vary more than 10% between appraisals" and under Section X add the words "any fiscal year". The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmernber Broucek out of the chamber at the time the vote was taken. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 2 of 8 Councilmember Broucek out of the chamber at the time the vote was taken. Camille Guething, 260 Seaview Drive addressed the Council. Chief Gilbert was directed to find out where the nearest Miami -Dade Fire Rescue Department station is, in case we need to contract with them. He was also directed to look into optional contracts with Miami -Dade Fire Rescue Department and Coral Gables Fire Department. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING EXTENSION OF LETTER BY VILLAGE MANAGER WITH MIAMI-DADE COUNTY FOR THE PROVISION OF LAWN MAINTENANCE FOR THE KEY BISCAYNE BRANCH LIBRARY FOR TWO ADDITIONAL YEARS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Padovan made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Broucek out of the chamber at the time the vote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTION 97-45, ON THE SAME SUBJECT MATTER; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Sime made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Padovan addressed the Council and the public giving an update from the ABC School Boundaries Committee and the EEC to the School Board from the meeting held on March 18, 1998. 3 of 8 Apri116, 1998 Carol Mullen O'Leary, 444 Fernwood Road; Pamela Kirkpatrick, representing the Key Biscayne Chamber of Commerce, addressed the Council. Councilmember Padovan made a motion to address the Council regarding the Fund Raising Concert for Feed The Children at the Lipton on March 17, 1998. The motion was seconded by Councilmember Broueek and: approved by a 7-0 voice vote. The vote was as follows: Couneilmembers Broucek, Han, O'Reilly, Padovan, Snne, Vice Mayor Fried and Mayor Festa voting Yes; Mayor Festa made a motion to instruct the Manager to waive building fees for other -municipalities when they are solving problems for the Village and the Village needs their assistance: The motion was seconded by Councilmember Padovan Councilmember Han made an amending motion to restrict the waiver to only the aircraft noise meeter equipment. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote.: The vote was as follows: CouncilmembersBroucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The motion as amended was approved by a 4-3 voice vote. The vote was as follows: Couneilmembers Broueek, O'Reilly, Padovan and Mayor Festa voting Yes. Couneilmembers Han, Sime and Vice Mayor Fried voting No. Councilmember Broucek made a motion requesting approval from Council regarding the proposed agenda topics for Village Voices. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Couneilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Ed Meyer, 100 Sunrise Drive addressed the Council. Councilrember Han addressed the Council regarding the Orange Bowl Tennis Tournament which will be held at the Lipton in a near future. Councilmember Han addressed the Council regarding real estate signs violating Section 28.8 of the Village Code. Staff was directed to revise the sign ordinance to reflect a change in this section. Village Attorney. The Attorney addressed the Council regarding the position of the Lipton Tournament not agreeing to sign the restrictive covenant. Mayor Festa addressed the Council informing them that he will send a letter to Mayor Penelas regarding this issue. Councilmember Padovan recommended that the Manager be appointed as liaison with the Lipton Tournament. There was no objection to the recommendation. 0 4of8 April 16, 1998 The Attorney requested that the item regarding the Fair Labor Standards Act be tabled until Attorney Weiss is able to attend a Council meeting. At this time the East Enid Drive improvement program was heard by unanimous consent of Council. The Manager addressed the Council explaining that this is a comprehensive improvement program for East Enid which includes drainage, installation of curving on both sides of the street, the installation, of the extension of the brick sidewalk on the south side of the street down to approximately the area of entrance into the Beach Park and lighting. The monies for the East Enid Drive improvement program would come from the following; $300,000 from the stormwater utility fees; $300,000 from 1997 surplus; $200,000 from the proposed 1999 capital budget and $88,000 from sidewalk grant. Councilmember O'Reilly made a motion to sever the program and to go forward with only the underground infrastructure, the drainage. The motion was seconded by Councilmember Padovan. Councilmember Sime made an amending motion to approve the entire program as presented. The motion was seconded by Councilmember Han and approved by 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly and Mayor Festa voting No. Jacqueline de Leon, 650 Ocean Drive addressed the Council. Councilmember Sime called the previous question. The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The motion as amended was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly and Mayor Festa voting No. At this time Councilmember Sime excused herself from the meeting. Village Clerk. The Clerk reported that the Office of the Mayor issued the following Proclamation during the month of April: Fair Housing Month. The following item was provided for information: letter to Councilmember Padovan regarding telecommunications fees from representative Carlos L. Valdes, dated March 16, 1998. 5 of 8 April16, 1998 Village Manager. The Manager, requested a motion for authorization to draw down funds ($693,000) from the State Sanitary Sewer Grant, according to Ordinance 96-6 adopted by Council on June 25, 1996. Councilmember O'Reilly made a motion to authorize the Manager to withdraw the funds. The motion was seconded by Vice Mayor Fried and approved by 5-1 roll call vote: The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes, Councilmember Padovan voting No. Councihnetnber Broucek made a motion to award the fire vehicle bid for $225,52(1. The motion was seconded by Councilmember O'Reilly. Councilmember Han made a motion to have separate motions for the fire vehicles. The motion was seconded by Councilmember Padovan and failed.by a 3-3 voice vote. The vote was as follows: Councilmembers Han, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, O'Reilly and Vice Mayor Fried voting No. Vice Mayor Fried called the previous question. The motion was seconded by Councilmember O'Reilly and approved by. a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The main motion failed by a 3-3Voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly and Vice Mayor Fried voting Yes. Councilmembers Han, Padovan and Mayor Festa voting No. The Manager addressed the Council regarding the extension of Femwood Road stormwater system and sidewalk requesting to waive the bidding process, Vice Mayor Fried made a motion to approve the Manager's request and to move forward with the project. The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to defer the Employee Policies and Procedures Manual amendments until the information regarding the Fair Standards Labor Act information is available. Councilmember Padovan seconded the motion. Councilmember Padovan called the previous question. The motion was seconded by Mayor Festa and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han voting No. 6of8 April16, 1998 The main motion was approved by a 5-1, voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han voting No. The Manager presented to the Council a request from Coldwell Banker to use the Heritage Trail Map. It was the consensus of Council to approve the request. Councilmember Padovan made a motion to table the drainage study for the Village of Key Biscayne Elementary School to the next Council meeting. The motion was seconded by Mayor Festa and failed by a 2-4 voice vote. The vote was as follows: Councilmembers O'Reilly and Padovan voting Yes. Councilmembers Broucek, Han, Vice Mayor Fried and Mayor Festa voting No. Councilmember Broucek called the previous question. The motion was seconded by Councilmember Han and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan voting No. Councilmember Han made a motion to proceed with the study. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The Manager addressed the Council regarding the National Coastal Summit to be.. held in Washington, D.C., from June 24 to June 26, 1998 recommending that we send a representative. By consensus of the Council Councilmember O'Reilly was appointed to attend this summit. Councilmember Han addressed the Council regarding the Special Masters agenda. 11. OTHER BUSINESS/GENERAL DISCUSSION: The Mayor presented to Council a letter from Ray Sullivan regarding Calusa Park and requested a report on the status of Calusa at the next Council Meeting. Councilmember Han requested that the Manager starts reporting, on a monthly basis, with a table of, approved dates and follow up for projects. Councilmember Broucek also requested that the Manager put together a report of all projects and their cost. Councilmember Padovan and the Chief of Police, Michael J. Flaherty, addressed the Council regarding donations to different police charities. Counciimember Padovan also invited the Council to participate in the baynanza cleanup which will take place April 18, 1998 at 9:00 a.m. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 13. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. 7 o April 16, 1998 Res fully submitted: Conchita IL Alvarez, Village Clerk ApprovedtJus day of April,1998; ' 2 7 n F: Festa cyor IF A PERSON DECIDES TO APPEAL ANYDECISIONMJ4DE BY THE VILLAGE COUNCIL WITHRESPECT TO ANY MATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, A'HICHRECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 8 of 8 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, APRIL 23, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1, CALL TO ORDER/ROLL CALL OF MEMBERS: The Mayor called the meeting to order at 8:00 a.m. Present were Councilmembers Martha Broucek, Hugh O'Reilly, Michele Padovan, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmembers Gregory Han and Betty Sime were absent. Also present were Village Manager C:: Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Steve Helfman. The Attorney addressed the Council regarding the status of the Seaquarium issue. RESOLUTIONS: The Attorney read the following resolution: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO IMMEDIATELY BEGIN DISCUSSIONS WITH REPRESENTATIVES OF MARINE EXHIBITION CORPORATION REGARDING REDEVELOPMENT OF THE MIAMI SEAQUARIUM PROPERTY. The Attorney and the Manager addressed the Council regarding this resolution. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Padovan. Councilmember Broucek called the previous question. The motion was seconded by Councilmember Padovan and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes, Ed Meyer, 100 Sunrise Drive addressed the Council. 1 of 2 Apri123, 1998 The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilxnember Padovan excused herself from the meeting at 8:30 asn. The following recommendations were suggested to the Manager to include them during his meeting with the representatives of the Seaquarium: ii • Educational aspect of marine life (seaquarium) • Safety aspect (residents and tourism:), • Use of land for commercial purposes • Water theme park within park acceptable, but not as .a separate attraction • Village opposed to change of -the basic character of the facility • Parking problem - three story garage • Bridge built for access to State Park and Crandon Beaches and not only for Key Biscayne residents • Compmmise in clear and narrow terms • Affects use of public land 3. ADJOURNMENT: The meeting was adjourned at 9:00 a.m. Re ully submitted: idaalera, Conehita IL Alvarez, Village Clerk Approved this 12th day of May , 1998: F. Festa yor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEEDA RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICHRECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2 MINU I'ES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 28, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmernber Betty Sime was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance. 3. APPROVAL OF MINUTES: The minutes of the Special Council Meeting of April 9, 1998, the minutes of the Regular Council Meeting of April 14, 1998 and the minutes of April 16, 1998 (continuation meeting of April 14, 1998) were approved by unanimous consent. 4. AGENDA: Councilmember Han requested the addition of a discussion regarding the Town of Celebration as Item 10A4; Mayor Festa requested the addition of a discussion regarding 9J5 under the Attorney's report; the Attorney requested to move Item B4 under Resolutions as Item 9F. There were no objections to the agenda changes. 5. CONSENT AGENDA: There were no consent items considered by Council. 6. SPECIAL PRESENTATIONS: The Mayor presented a Certificate of Appreciation, celebrating National Volunteer Month, to the following volunteers: Sally Brody, Nancy Gamwell, Karen Holmquist, Susie Hoyo, Barbara Hunsaker, Kathy Irl, Dr. Robert Maggs, William Pickell, Samantha Sager and Dr. Steve Simon. 7. BUILDING, PLANNING AND ZONING: All witness giving testimony in the following l of 9 April28, 1998 zoning hearings were sworn in by the Clerk. Hearing Number 98 -0331 -VC -01. (Re -scheduled from the Hearing on March 31, 998). Dover Financial, S.A., 140 Cape Florida Drive, the applicants, pursuant to Section 30-63 (C.2) of the Key Biscayne Code, are applying for a non-use variance of a maximum of five foot distance requirement to allow the proposed boat dock and lift to extend twenty feet (20') into the Pines Canal from the subject property. Director of Building, Zoning and Planning addressed the Council recommending approval of this application. The Mayor opened the public hearing. Don Giacomo, Bunnell Foundation, representing the applicant addressed the Council. The Mayor closed the public hearing. Vice Mayor Fried made a motion to approve the application. The motion was seconded by Councilmember Padovan and approved by a 4-2 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek and Han voting No. Hearing Number 98 -0428 -VC -01. Key Biscayne Yacht Club, Inc., 180 Harbor Drive, the applicants, pursuant to Section 30-80(E) and (F) of the Key Biscayne Ordinance No. 97-22, are applying for a site plan approval for the Yacht Club including a parking lot, club house dockage and a landscape. plan to be located on the adjoining triangle shaped vacant lot across the Hacienda Canal from the main subject property. Director Little, addressed the Council recommending approval of the application, subject to the following conditions: the turning radius into the 90 degree parking spaces adjacent to the right-of- way, at the east entrance is unworkable, however, the turning radius is not an issue if parking spaces are meant to accommodate dry storage boat trailers; recommend substitution of Royal Poinciana trees by 12'-14' Gumbo Limbo to be used in parking lot adjacent to the seawall; drainage details of the parking area with DERM approval have to be incorporated into the plan; clear and correct A.DaA. compliance as to spaces and ramps; driveway approaches need to be the same elevation as the swale so not to impede the flow of water to the outfall inlet; landscaping to the recommendation of the Village Landscape Architect no planting on the right-of-way or along driveway approaches; parking spaces nos. 9, 10, 15, 16, 25 and 26 do not work; pavement of the parking area is excessive; that the areas designated for the parking spaces nos. 9, 10, 15, 16, 25 and 26 should be changed to be grass area; the maximum depth of a parking space should be 45 feet; parking spaces for the physically -handicapped and/or disabled must be provided as required by the South Florida Building Code; site grades are not shown to reflect draining need of the subject property; the applicant to provide a detailed drainage plan to the Village Public Works Department; irrigation should be 2 of 9 April28, 7998 provided on the site; chain link fence should be removed and replaced with wrought iron, aluminum or CBS wall; 12 inch curb should be provided at the edge of the pavement to contain oil, etc.; the driveway width be limited to 15 feet; the proposed entrance gate be recessed 22 feet from the property line abutting the Harbor Drive; the exit gate should be placed inside the subject property; the radius be limited to 10 feet at the curb cut; the proposed landscape plan be complied with the comments from the Village Public Works Department and the Village Landscape Architect consultant as well as all the applicable Dade County Landscape Ordinance and Manual requirements; 15 -foot landscape buffer area should be provided between the side property line and the abutting neighboring property at 200 Harbor Drive; a minimum of 5 -foot landscape buffer area be provided between the property line abutting the street and Harbor Drive; 4 -foot -high planting hedge should be provided within the landscape buffer area between the property line abutting the street and Harbor Drive; 6 -foot -high planting hedge should be provided within the landscape buffer area between the side property line and the neighboring property at 200 Harbor Drive; boat float should not be allowed on this triangle -shaped property; overnight parking is not allowed under any circumstances; lighting is only allowed at grade to assist walkers; submitted plans comply with Dade County Zoning Code, Dade County Public Works Manual or any other applicable code requirement. The Attorney addressed the Council regarding the fact that some Councilmembers are members of the Yacht Club. Councilmembers Broucek, Han and Vice Mayor Fried disclosed that they will abstain from voting due to conflict of interest. The Mayor opened the public hearing. Jim Taintor, 355 Harbor Drive, representing the applicant; Cliff Brody, 180 Harbor Drive; Tim Stickney, 285 Woodcrest Road; Haydee Archibald, 881 Ocean Drive; Federico Padovan, 425 Grapetree Drive; Barclay Cale, 225 Harbor Drive speaking for himself and also representing Mr. E. A. Walther, 200 Harbor Drive addressed the Council. The Mayor closed the public hearing. Councilmember O'Reilly made a motion to approve the application as presented by the applicant subject to Mr. Walther's conditions which are as follows: no work to be performed on the property, no tents on property, no ball playing or recreation, fishing to be prohibited and no float should be allowed. The motion was seconded by Councilmember Padovan. Mayor Festa made an amending motion to continue the public hearing to the meeting of May 26, 1998. The motion died for lack of a second. Mayor Festa made an amending motion to require the removal of the chain link fence and replaced with a wrought iron fence, if it is destroyed. The motion was seconded by Councilmember Padovan and approved by a 3-0 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. 3 of 9 April28, 1998 Mayor Festa made an amending motion to approve staff s recommendation regarding the landscape buffer area abutting the neighboring property at 200 Harbor Drive. The motion died for lack of a second. Mayor Festa made an amending motion to have a minimum 4' hedge within the landscape buffer area between the property line abutting the street and Harbor Drive. The motion was seconded by Councilmember Padovan and approved by a 3-0 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmember O'Reilly made an amending motion that the float should be at all time concealed from the 200 Harbor Drive property and the 225 Harbor Drive property. The motion was seconded by Mayor Festa and approved by a 3-0 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. The main motion as amended was approved by a 3-0 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Hearing Number 98 -0428 -VC -02. BellSouth Telecommunication, Inc., 89 Westwood Drive, the applicants, pursuant to Section 33-13 of the Miami -Dade County Zoning Code, are requesting an approval of an unusual use to install three unmanned cellular communications antennas on the existing guyed pole tower facility and to build a new 425 square foot pre -fabricated equipment building on the subject property. Director Little read a letter from the applicant requesting deferral of this application to the next Special Council meeting of May 26, 1998. Councilmember Broucek made a motion to defer this hearing to the Council meeting of May 26, 1998. The motion was seconded by Councilmember Padovan and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly was out of the room at the time the vote was taken. 8. ORDINANCES: There were no ordinances considered by Council. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PURSUANT TO PETITION OF ELECTORS, PROVIDING FOR AMENDMENT OF SECTION 2.03 "ELECTION AND TERI\I OF OFFICE" AND SUBSECTION (F) "MAXIMUM TERMS" OF SECTION 8.07 "INITIAL ELECTION OF 4of9 April 28, 1998 COUNCIL AND MAYOR," CONCERNING REVISION OF NUMBER OF TERMS AND MAXIMUM CONSECUTIVE YEARS OF SERVICE FOR OFFICE OF MAYOR." Councilmember Padovan made a motion to approve the resolution. The motion was seconded by Mayor Festa. The Attorney addressed the Council regarding this resolution and read the ballot language for the record. Mayor Festa made an amending motion to hold a mail ballot election. The motion was seconded by Councilmember Han and failed by 2-4 voice vote. The vote was as follows: Councilmember Han and Mayor Festa voting Yes. Councilmembers Broucek, O'Reilly, Padovan and Vice Mayor Fried voting No. The main motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A FLOODPLAIN MANAGEMENT PLAN; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Peter Rory, 55 Ocean Lane Drive addressed the Council. Councilmember Broucek moved the previous question. The motion was seconded by Vice Mayor Fried and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly and Vice Mayor Fried voting Yes. Councilmembers Han, Padovan and Mayor Festa voting No. The Manager addressed the Council regarding this resolution. The main motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han made a motion that Council present a resolution thanking the Floodplain Management Task Force. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. 5of9 April28, 1998 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH O.B.M., MIAMI, INC.; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Han. Councilmember Han made an amending motion that under TIME LIMITS/EXPIRATION OF CONTRACT strike $150.00 per hour and insert $75.00 per hour. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broueek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The motion as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH O.B.M., MIAMI, INC.; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Councilmember Broueek made a,motion to approve the resolution. The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Raul Lastra, representing O.B.M., Miami, Inc. addressed the Council. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR THE PROMPT COMMENCEMENT OF A PROJECT TO REPLACE THE TEMPORARY PUBLIC SAFETY ADMINISTRATION BUILDINGS. 6of9 April 28, 1998 Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried. Councilmember O'Reilly made an amending motion to under Section 1 strike p cscnt to the Village Council at its ncxt regular meeting the necessary and available plan, specification and estimates and add to proceed with ompilngplan,lhmettable,specificationtand co st4estunatgx�"an`d,adda'e s:WWg that the iret:' eatddito l?n4Mok' ,contractfwi3h +part hrtec fat he next Councilvleetmgs The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. rri The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AND ADOPTING A REVISED BUILDING, ZONING AND PLANNING FEE SCHEDULE; PROVIDING FOR NEW FEES FOR SPECIAL INSPECTIONS, AND FOR SCANNING COSTS; SUPPLEMENTS RESOLUTION 96-6 ON SAME SUBJECT MATTER; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Padovan. Director Little addressed the Council regarding this resolution. Councilmember Han made an amending motion to include a parenthesis at the end of the first table with the following language: (Square footage to be determined by Floor Area Ratio). The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Padovan addressed the Council regarding traffic calming for Key Biscayne Elementary. 7of9 April28, 1998 Conchita Suarez, 201 Crandon Boulevard; Carol Mullen O'Leary, 444 Fernwood Road addressed the Council. It was the consensus of Council that the Attorney, the Planner and the Building, Zoning and Planning Director look into the State requirements for traffic calming, safety issues, sidewalks, etc. around the school and come back with a report, if possible, to the next Council meeting. Raul Lastra, Consultant Planner for the Village, addressed the Council. It was the consensus of Council that the Manager send a letter to the Miami -Dade School Board regarding the lighting for the basketball courts at the Key Biscayne Elementary School. Councilmember Broucek addressed the Council regarding parking of RVs in residential streets on the west side and in front of town houses and condominiums on the east side and boats on trailers on the swale and public areas. Chief of Police, Michael J. Flaherty addressed the Council regarding this issue. It was the consensus of Council that staff look into these issues and report back to Council. Councilmember Han made a motion to take a one day field trip to the Town of Celebration in Orlando. The motion was seconded by Councilmember Broucek. Councilmember Han withdrew his motion. Village Attorney. The Attorney addressed the Council reporting that House Bill 4031 (Seaquarium issue) had passed without the amendment The Attorney recommended faxing letters to the Senate regarding opposition to Senate Bill 1726. Mayor Festa addressed the Council regarding this bill, informing Council that Mayor Alex Penelas is supporting the prevention of such language from being in any bill. The Mayor made a motion to continue this meeting for 10 more minutes. The motion was seconded by Councilmember O'Reilly and failed by a 2-4 voice vote. The vote was as follows: Councilmember O'Reilly and Mayor Festa voting Yes. Councilmembers Broucek, Han, Padovan and Vice Mayor Fried voting No. Village Clerk. The Clerk reported that the following proclamations had been issued by the Office of the Mayor during the month of April: Israel 50 and Poppy Week in Key Biscayne. The following items were provided for information: Memorandum to Village Council from the Clerk regarding her attendance to the 52nd IIMC Annual Conference in Mobile, Alabama from May 17-22, 1998; a schedule of events for the '98 Family Fitness Weekend. 8 of 9 April 28, 1998 Village Manager. The Manager did not submit a report. The following information item was submitted to the Council: Letter to Village Manager from Joe Garcia, Commissioner, State of Florida Public Service Commission, regarding mandatory ten -digit dialing, dated April 13, 1998. 11 OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 13. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. tfully submitted: Conehita H. Alvarez, Village Clerk Approved this 12th day of May , 1998: IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WTI L 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9 of 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .AST NAME FIRS NAME- MIDDLE NAME Moe � e MAILING AI DRESS ^ Crn. K-115co DATE WHICH VO"1'E (K`OA RR El) i�� r/ cou \i i ISE BOARD. COUNCc., C'OMMI r cvs-O .Og COMM ow CTE E THE BOARD, C'OUN ac CC/O/ M SSISITON, AUTHORIYY OR C� IM/J.MMITEEE ON WHI TSERVE IS A UNIT OF .- - CITY 0 COUNTY 0 OTHER IOCA I. AGENCY NAME OF POLITICAL SU IV SI N: , t &DiC (schiare MY POSITION IS: Q EIECEIV CI APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special rivate gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and ficers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should,. incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your. direction_ IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE lMEETING AT WHICH THE VOTE WLL ]3E TAKEN: YOU 1ust complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate theform in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be readpublicly at the next meeting after the form is filed. CE FORM 8B-10-91 PAGE I IF YOU MAKE NOATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION. AT THE. MEETING:, • You must disclose orally the nature of your conflict in the measure before participating:... • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutesof the meeting, who trust incorporate the -form in the minutes. A. copy of the form must be provided immediately to the other members. of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on _.. 19 (a) A measure came or will come before my agency whieh(check one) inured to my special privategain; inured to the special gain.. of my business associate, inured to the special gain of my relative, inured to the special gain of whom I am retained; or inured to the special gain of - which. is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the natury'cJ my conflicting in in the measure is as follows:. by NOTICE: UNDER PROVISIONS OFFLORIDA STATUTES §1123.17 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE. OF THE FOLLOWING. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION If SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 CE FORM 88- 10-91 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS F EIRSINAME:.. MIDDLE NAME etk ° MAILING ADD ,edc� c ria EkezieiLaa Vie. // 7 CITY COUNTY DATE O II ICH VOTE OCCURRED Er /1y NA E OF BOA OUNCIL COMMISSION, AUTHORIT R COMMITTEE �"�e/ SAS.& /t& 42,j 1 HE BO RD, COUNCIL, COMMISSION( AUTHORITY OR COMMITTEE ON W Iiici-t 1 SERVE IS A UNIT OF: yan❑ COUNTY 0 OTHER LOCAL AGENCY AME OF POLITICAL. SUBDIVISION My IroslnoN ECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council; commission, authority, or committee. It appliesequally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest willvary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the forma INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 1 t -A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of: a relative; or to the special. private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are notprohibited from voting in that capacity. For purposes of this law,. a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate means any person or entity engaged in or .carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from votingin the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes .of.the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wratng and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOI E WLL BE. TAKEN: �• You must complete and file this form' (beforemaking any attemptto influence the decision) with the person responsible for recording the minutes of the meeting, whowill incorporate the form in the minutes. -A copy of the form must be provided immediately to the other members of the agency. • Theform must be read publicly at the next meeting after the form is Ned_ CEFORM 88 - 10-91 PAGE IF YOU MAKE NO ATTEiv1PTTO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes ot±.,.et the meeting, who must incorporate the form in the minutes. A copy of the form must be, provided immediately to the other -.1 members of the'agency, and the form must be read publicly at the next meeting after the form is filed. r-DIS LIRE OF -LOCAL OFFICER'S -INTEREST CG ! O Z-rr C!� hereby disclose that on C ct tir A measure came or will come, before my agency which(check one)'_. inured to my special private gain; inured to the special gain of my business associate,.. inured to the special gain of ray relative, inured to the+special:gainof whom 1 am retained; or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 19 -2� u ..k4 -1.i -4.34- a -v-4 , by , which /9177 ..06-Aoteeeet NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR. MORE OF THE FOLLOWING. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM 88 - 10-91 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AST NAME FIRS NAME MIDDLE NAME NAME OF HOARD, COUNCIL COMMISSION. AUTHORITY. OR COM MJJ�TEE AA,Gzb&r2RY /� )N"r kt, v t 0/13.6 ( 1447 MAILING ADDRESS / 1 FIE BOARD CO CIL., COMMISSION, AUTHORITY OR COMMITTEE ON /1 11J /} WHICH [BERN IBA UNIT OF: .. DATE ON COUNTY S ha__ MjP"ui7 voiFtxraR ZED 24 7 r ITY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION Jars cilioy& EL. -ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM BB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council; commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measurein which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibitedfrom knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain ofa business associate. Commissioners of community redevelopment agencies under Sec, 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a oneacre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother -in law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying ona business enterprise with the officeras a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock. exchange). ECTED OFFICERS: n addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: . Although you must abstain from voting m the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction - IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH TIff VOTE WLL BE TAKEN You must complete and filethis form (before making any attempt to influence the decision): with the person responsible: for ' recording the minutes of the meeting, who will incorporate the formin the minutes. - - • A copy of the form, must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. CE FORM 88-10-91 PAGE 1 IF YOU MAKE NO ATTEMPTTO INFLUENCE THE DECISION -EXCEPT .,BY DISCUSSION AT THE MEETING:' • You, must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes o the .meeting, who must incorporate the form in the minutes,.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the forin is filed_ . %�/%DISSCLOSURE OF LOCAL OFFICER'S INTEREST f� / / �`• %' hereby disclose that en ryP /�. :easure,cameor will come before my agency which (check one) inured to my special private gain; inured to the special gain of my, business associate inured to, the lspecial gain of my relative, inured to the special gain of , by whom I am retained; or inured to the specialgain of , which is the parent organization or subsidiary of a principal which has retainedme. (b) The treasure before my agency and the nature of my conflicting interest in the measure is as follows:, NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §•12.317 (1991), A FAILURE TO MAKE ANY REQUIREDt. DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN - • IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. )- CEFORM 8B -t0-9[ PAGE2 MINUTES PLAYING FIELDS WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 5, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 7:10 p.m. Present were Councihnembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Betty Sime was absent. Also present were Representative Bruno Barreiro, Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Stephen Hellman. The Mayor led the Pledge of Allegiance. Mayor Festa announced that the purpose of the workshop is to discuss playing fields and introduced Dr. Steve Simon, appointed liaison for the Village regarding playing fields. Dr. Simon made a presentation to Council regarding playing fields discussing four possible locations for these fields. These sites are the following: • • • Virginia Key/NOAA Site Crandon Park Village of Key Biscayne Block Bill Baggs Cape Florida State Recreation Area The following residents addressed the Council: Tim Stickney, 285 Woodcrest Road; Joe Rasco, 310 West Heather Drive; Bonnie Cooper, 77 Crandon Boulevard; Bruce Matheson; Ray Sullivan, 625 Harbor Circle; Mabel Miller, Key Biscayne; Luis Arrondo, 350 Grapetree Drive; Kenneth Newman, 1030 S.W. First Avenue, Miami; Mutlu Alper, 250 Cranwood Drive; Luis de la Cruz, 640 Allendale Road; Melissa Arm, Key Biscayne; Domingo Cortinas, Key Biscayne; Jacqueline Sanchez Volni, 385 Ridgewood Road; Michael Kahn, 881 Ocean Drive; Pat Weinman, 940 Mariner Drive; Tom Mulroy, Fast Enid. 1 of 2 C chrtt There being no further business, the meeting was adjourned at 10:00 p.m, ffj'submitted: 6(AP 4 Alvarez, Village Clerk Approved this 26th day of May ,1998: IF A PERSON DECIDES TO APPEAL L4NVDEGSIONMADEB 1' THE VILLAGE COUNCIL WITHRESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL JVEED ,1 RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT 4 VERBATIM RECORD OF THE .PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2of2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 12, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Richard Weiss and Stephen Hellman. 2. INVOCATION: Reverend Timothy Leighton, Key Biscayne Community Church gave the invocation: 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance. 4. APPROVAL OF MINUTES: Councilmember Padovan offered technical corrections to the minutes of the Special Council Meeting of April 28, 1998. The minutes of the Special Council Meeting of April 23, 1998 and the corrected minutes of the Special Council Meeting of April 28, 1998 were approved by unanimous consent. 5. AGENDA: Councilmember Broucek requested the addition of a discussion regarding the redevelopment of Virginia Key as Item 11A5, Councilmember Padovan requested the addition of a brief discussion regarding the local library proposed county budget cut as Item 11 A6; the Village Clerk requested the addition of a brief report on how to obtain absentee ballots and Mayor Festa requested the addition of a resolution as Item 10F. Mayor Festa requested the removal of Items 9A, IOC and 11D7 from the Consent Agenda. There were no objections to the agenda changes. 1of9 May 12, 1998 6. SPECIAL PRESENTATIONS: Anne Owens, Director for Community Affairs, The lslanderNews introduced The Islander News and the EnviroFest first place winners who presented packets to the Village Council. Jack Peeples, Intergovernmental Representative addressed the Council regarding beach nourishment. Mayor Festa presented a special recognition to the following individuals who helped the Fire Department with a pilotproject'for Habitatfor Banality Inc:: Reverend Tim Leighton, Teny Fallon and Gary Milford: Chris Sager addressed the Council regarding Villa #•,69, The ICey Biscayne History House. G. Jerry Chocca, CPA, PA, Director for Miami and Michael Futterman of Rachlin Cohen & Holtz, the Village's auditing firm, made a presentation to the Council regarding the 1997 Comprehensive Annual Financial Report. American Legion Auxiliary President, Conchita Suarez and Poppy Chairman, Mary Morgan presented poppies to the Village Council. 7. PUBLIC "COMMENTS: Ed Meyer, 100 Sunrise Drive; Jim Peters, 561 Allendale Road, Jacqueline Rose, 2000 South Bayshore Drive, Miami; Wendy Johansen, 212 West Mashta Drive; Nancy Doke Harrison, 200 West Mashta Drive and Jacqueline Sanchez Valli, 385"Ridgewood Road addressed the Council. 8. CONSENT AGENDA APPROVAL: Mayor Festa made a motion to approve' the consent agenda as amended. The motion was seconded by Councihnember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes, 9. ORDINANCES: The Clerk read the following ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBITS "A" AND "B" PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed hearing. Mayor Festa made a motion to adopt the ordinance o Vice Mayor Fried. 2 of 9 [rsl reading. The e public otion was seconded by May 12, 1998 Councilmember O'Reilly made an amending motion to transfer this entire fund for tax reduction. The motion died for lack of a second. Mayor Festa made an amending motion to delete Key Biscayne Women's Club and substitute with Heritage Day Celebration and to transfer $50,000 from Grants into the Recreation Department. The motion was seconded by Councilmember Padovan and approved by 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes: Councilmember O'Reilly voting No: The ordnance as amended was adopted on first reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The following proposed ordinances were discussed by staff and the Council: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR ' SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-53.1 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SETBACKS, PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SIZE, ETC" CREATING A 50 FOOT REAR SETBACK FOR ' CERTAIN PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING AN EFFECTIVE DATE. Councihnember O'Reilly made a motion to have a 15 minute discussion on the above ordinances. The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Director of Building, Planning and Zoning, John Little, addressed the Council regarding these ordinances. Councihnember O'Reilly made a motion to table the ordinance regarding the setbacks. The motion died for lack of a second. Staff was directed to notify all of the affected property owners (setback ordinance) that Council will be considering this ordinance on first reading at the Council meeting of May 26, 1998 and also send a letter to property owners that are not affected to see if they would like to be included in this ordinance. Councilmember O'Reilly made a motion to not take action on the setback ordinance at this time. 3 of 9 May 12, 1998 CounciImember Broucek seconded the motion and it failed by a 1-6 voice vote. The vote was as follows: Councilmember O'Reilly voting Yes. Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No. AN, ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING; CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN"; TO PROVIDE FOR PERMITTED LOCATIONS OF, SAID SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE. Thekars ar&ngofthe abo 1998. 10. RESOLUTIONS: The following resolutions were approved as part of the consent agenda: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO. EXECUTE THE ATTACHED AGREEMENT,WITH UNIVERSAL BEACH SERVICE CORPORATION, DELRAY REACH; FLORIDA, FOR PROFESSIONAL SERVICES FOR BEACH CLEANING AND .MAINTENANCE PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE. VILLAGE OF KEY BISCAYNE, FLORIDA;, RECOGNIZING THE FLOODPLAIN MANAGEMENT TASK FORCE FOR ;t'HEIR= EFFORTS IN PROVIDING THE VILLAGE OF KEY BLSCAYNE WITH A 0LOODPLAIN MANAGEMENT PLAN; AND PROVIDING FOR EFFECTIVE DATE.... A RESOLUTION OF THE VII LAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 12 THROUGH MAY 18,1998 ASNATIONAL POLICE WEEK; PROVIDING FOR AN`E1tECTIVE DATE. The Cierk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING AN IMMEDIATE NEED FOR THE ACQUISITION AND/OR ESTABLISHMENT OF ACTIVE RECREATIONAL PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER, TO IMMEDIATELY COMMENCE DISCUSSION WITH CERTAIN PROPERTY OWNERS WITIJ IN THE VILLAGE OF KEY BISCAYNE TO ,DETERMINE WHETHER SAID PROPERTIES ARE AVAILABLE FOR PURCHASE IN ORDER TO 4of9 May 12, 1998 MEET THE NEEDS OF THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE. Councilmember Sime made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Michael Kelly, 310Palmwood Lane; Luis de la Cruz, 640 Allendale Road; Jim Aldrige, 596 Fernwood Road; Tony Rabasa, 300 Cypress Drive and Michael Holmquist, 452 Ridgewood addressed the Council_ Mayor Festa made a motion to table this resolution. The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting No. The resolution was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING AN IMMEDIATE NEED FOR THE ACQUISITION AND/OR ESTABLISHMENT OF ACTIVE RECREATIONAL PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE DISCUSSION WITH THE STATE OF FLORIDA WITH REGARD TO THE USAGE OF A PORTION OF BILL BAGGS STATE PARK TO MEET THE NEEDS OF THE COMMUNITY. Councilmember Sime made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The following residents addressed the Council: Susan Krupnick, Key Biscayne; Pat Weinman, 940 Mariner Drive;' Steve Simon, 335 Harbor Lane and Nancy Doke Harrison, 200 West Mashta Drive_ Councilmember Padovan made a motion to add under Section 1 the following language: "in a manner compatible with the environmentally sensitive surroundings". The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 5 of 9 May 12, 1998 Couneilmember O'Reilly made a motion to strike "acquisitionand/or" from the title of the resolution. The motion was seconded by Mayor Festa and approved by a 4-3 voice vote. The vote was as follows. Councilmembers O'Reilly, Padovan, Shiite and Mayor Festa. voting Yes,, Councilmembers Broucek, Han and Vice Mayor Fried voting No. The resolution as amended was approved by a 7-0 voice vote:. The vote was as follows: Conneil:Members Bmucek, Han, O'Reilly, Padovan, Sirne, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPA IN THE DEATH OF CHARLES G. "BEBE" REBOZO PROVIDING FOR AN EFFECTIVE DATEE. The resolution was approved by unanimous consent of Council. e Manager. The Manager presented to Council a request from the American Legion to hold 1Vlemorial Day ceremonies on the Village Green on May 25, 1998 at 10:00 A.M. The request was approved by a unanimous vote under the consent agenda he Manager presented to Council a request from First Serve at The Lipton to hold a Fund Raisin• event in March 1999. It was the consensus of Council to approve the event and the Attorney was directed to respond in a form of a letter to First Serve approving the event. A. request froln,Mr. Sixto Campano for traffic calming device on East Heather Drive was presented to the Council. The Manager was directed to conduct a traffic -survey and to get a cost estimate to present before Council at a future meeting. The Manager gave a brief presentation regarding the condition of Calusa Park. The Manager was directed to send a letter to the County Manager requesting permission to make improvements to the building. The Manager informed the Cornell that Director Little had mei with. County :officials regarding the sidewalks around the Key Biscayne Elementary School. The Attorney addressed the Council regarding the law on this issue. It was the consensus of Council that Councilmember Padovan contact the neighbors around the school regarding the lights for the basketball courtand report back to Councila1 the next meeting. The Manager submitted to the Council a report on the beach nourishment project. It was the 6of9 May 12, 1998 consensus of Council that the Manager prepare a resolution, for the next Council Meeting, thanking Mr: Peeples for his efforts regarding beach nourishment. The Manager presented to Council the results of the bids for the Village Green improvements. CDC Builders, Inc. was the low bidder with a total of $267,440.' Councilmember Sime made a motion to award the contract to CDC Builders, except for the bus shelters. The motion was seconded by Vice Mayor Fried and approved by a 6-1 voice vote, The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No. Vice Mayor Fried made a motion to reconsider the award of the contract to CDC Builders. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Vice Mayor Fried made a motion to award the contract to CDC Builders for the restrooms and the pavilion only. Councilmember O'Reilly seconded the motion and it was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried` voting Yes. Mayor Festa voting No. The Manager presented to Council a proposed service change enhancement for bulky waste pick-up to weekly. No action was taken at this time. The Manager presented to Council a proposed overall plan for the Emergency Services facilities per Resolution 98-21. Vice Mayor Fried made a motion to approve the plan as presented. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. At this time the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,` EXPRESSING THE VILLAGE COUNCIL'S OPPOSITION TO A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PROPOSED PURSUANT TO PETITION OF ELECTORS, WHICH PROVIDES FOR AN AMENDMENT OF THE VILLAGE CHARTER TO REVISE THE NUMBER OF TERMS AND MAXIMUM CONSECUTIVE YEARS OF SERVICE FOR THE OFFICE OF MAYOR. Councilmember Sime made a motion to approve the resolution. The motion was seconded by 7of9 May 12, 1998 CounciImernber Broucek and approved by a 5-2 voice vote. Thevote was as follows: Couneilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting Yes. Councilmember O'Reilly and Mayor Festa voting No. Mayor Festa made a motion to extend the meeting 15 minutes. The motion was seconded by Councilmember Broucek and approve by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 11. REPORTS AND RECOMMENDATIONS: The,foliowing items were hiscussecL Mayor and. Councilmembers. At this tirne Vice Mayor Fried addressed the Council; reading a statement regarding Senate Bill 2474. Attorney Hellman addressed the Council regarding the process for the Seaquarium issue;, Councilmember Broucek gave a brief report regarding a Commission Meeting she attended regarding Virginia Key. Councihnember Sime brought up at this time e vehicle bid award in the amount of $225,570: Councilmember Sime made a motion to approve thepurchase of the fire vehicles. The motion was seconded by Councilmember O'Reilly and approved by a 4-3 voice vote. The vote was as follows:, Couneihnembers Broucek, O'Reilly, Sime and Vice Mayor Fried voting Yes. Councilmembers Han, Padovan and Mayor Festa voting No. The following information items were submitted to the Council: the monthly departmental reports (Aril); the April monthly, report for the Key Biscayne Chamber of Commerce, a memorandum from Russ Marchner, Executive Director, Miami -Dade League of Cities regarding the Home. Rule Charter, dated April 20,1998, letter to Village Manager from Lynn Whisenhut, General Manager, Adelphia Cable.regarding The 4delphia Connection quarterly newsletter, dated ApriL24, 1998; letter to Village Manager from Lynn Whisenhut General Manager Adelphia Cable regarding new services, dated April 24, 1998; letter to Maria E. Valls from Director of Building, Zoning and Planning regarding Mr. Leo Limos, dated April 22, 1998; Capital Improvement Program Report. Village Attorney." 1' he Attorney's report was deferred to the, next Council meeting. Village Clerk. The, Clerk informed the Council that the fallowing proclamations had been issued by the Office of the Mayor during the month of May: EMS Week and Municipal Clerks Week. 8 of 9 May 12, 1998 The following items were provided for information: letter to Village Clerk from Toni Jennings, President, The Florida Senate regarding SB 1726, dated April 22, 1998; memorandum to Village Council from Councilmember Michele Padovan regarding Bonanza '98, dated April 29, 1998; memorandum to Village Council from Councilmember Michele Padovan regarding Boundaries - Miami -Dade County School Board, dated April 30, 1998; memorandum to Village Council regarding the FACC Annual Conference to be held in Boca Raton, Florida from May 31 to June 3, 1998, dated May 5, 1998. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 14. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. Restfully submitted: Conchita H. Alvarez, Village Clerk Approved this 26th day of May . 1998: ✓'cc F. Festa cyor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, LIIAT PERSON 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 TIIEAPPEAL IS TO BE BASED. 9of9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 26, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was calledto order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan and Mayor John Festa. Councilmember Betty Sime and Vice Mayor Mortimer Fried were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Richard Weiss and Steve Helfinan. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the Playing Fields Workshop of May 5, 1998 and the Regular Council Meeting of May 12, 1998 were approved by unanimous consent. 4. AGENDA: Councilmember Padovan requested the addition of a discussion regarding Dade County Schools as Item 10A4 and Mayor Festa requested the addition of a report regarding the ANOINTS System at the airport as Item 10A5. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: Mayor Festa presented, on behalf of the Village Council, Resolution 98-29 to the Rebozo Family expressing sympathy in the death of Charles G. "Bebe" Rebozo. 6. BUILDING, PLANNING AND ZONING: All witness giving testimonies in the following zoning hearings were sworn in by the Clerk. Hearing Number 98 -0428 -VC -02. (Deferred from the Public Hearing on April 28, 1998). BellSouth Telecommunication, Inc., 89 Westwood Drive, the applicants are requesting, pursuant to Section 33- 13 of the Metro -Dade County Zoning Code, an approval of an unusual use to install three unmanned cellular communications antennas on the existing guyed pole tower facility and to build a new 425 - square -foot pre -fabricated equipment building on the subject property. 1 of 8 May 26, 1998 Director of Building, Zoning and Planning, John Little, addressed the Council stating his recommendation of approval with the following conditions: 1.) That the tower be developed by the applicant in a manner which is designed to accommodate the co -location of other telecommunication service provider's facilities subject to approval of the Village Manager; 2.) That a landscape plan including the dedication by the applicant of a public area in close proxinuty to the tower site be submitted" to and be subject to the approval of the approval of the Village Council; and 3) That the applicant provide evidence to, the Village, indicating that sufficient public liability insurance or adequate self insurance is provided by the applicant to protect persons or properties in the vicinity of the tower from injury or damage, in the event that the tower collapses as a result of natural disaster: The Mayor opened the public hearing. Joel K. Gustafson, Holland & Knight, representing the applicant, addressed the Council. The Mayor closed the public hearing. Mayor Festa made a motion to approve the request according to staff's recommendation. The motion was seconded by Councilmember Broucek and approved by a 4-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly and Mayor Festa voting Yes. Councilmember Padovan voting No. Hearing Number 98 -0526 -VC -01, Robert M. Koffler and Maria Teresa Benavides, 500 West Mashta Drive, pursuant to Section 30-63 (C.2) of the Key Biscayne Code, the applicants are applying for a non-use variance of a -maximum -of five -foot -distance requirement to allow a proposed boat dock to extend seven feet (7') into the Smuggler's Cove from the subject property. Director Little addressed the Council stating his recommendation for approval. Councilmember Padovan disclosed that she had visited the site. The Mayor opened the public hearing. Don Giacomo, Bunnell Foundation, representing the applicant, addressed the Council. The Mayor closed the public hearing. Mayor Festa made a motion to approve the request. The motion was seconded by Councilmember Padovan and approved by a 5-0 roll call vote. The vote was as follows: Councihnembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. Hearing Number 98 -0526 -VC -02. Victor Henriquez, 300 Harbor Drive, pursuant to Section 30-53.1 of the Key Biscayne, Code, the applicant is applying for a non-use variance of twenty -five-foot (25') front setback requirement to allow a twelve -and -a -half -foot (12.5') front setback for a proposed garage of a newly constructed residence. Director Little addressed the Council stating his recommendation for approval. 2of8 May 26, 1998 Councilmember Padovan and Councilmember Broucek disclosed that they had visited the site. The Mayor opened the public hearing. Clay Tootle, Interscope Contractors, representing the applicant; Jim Taintor, 355 Harbor Drive; Pat Kilgore, 370 Harbor Court; Victor Henriquez, owner of the property addressed the Council. The Mayor closed the public hearing. The Attorney addressed the Council regarding this request. There was extensive discussion from Council regarding this request. Mayor Festa made a motion to approve the request. The motion was seconded by Councilmember O'Reilly and failed by a 3-2 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek and Han voting No. Councilmember- Han made a motion to deny the request. The motion was seconded by Councilmember Broucek and failed by a 2-3 roll call vote. The vote was as follows: Councilmembers Broucek and Han voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. Hearing Number 98 -0526 -VC -03. Shell Oil Co., 70 Crandon Boulevard, pursuant to Section 28-7 of the Key Biscayne Code, the applicant is requesting an approval of a proposed monument sign to be placed on a corner abutting Crandon Boulevard and Harbor Drive. Director Little addressed the Council stating his recommendation for approval. The Mayor opened the public hearing. Raul Llorente, 345 Cypress Drive, the applicant, addressed the Council. The Mayor closed the public hearing. Mayor Festa made a motion to approve the request. The motion was seconded by Councilmember Padovan and approved by a 4-0 roll call vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan and Mayor Festa voting Yes. Councilmember Broucek was out of the room at the time the vote was taken. 7. REPORTS AND RECOMMENDATIONS: (Deferred from the Regular Council Meeting of May 12, 1998). The following items were discussed: Mayor and Councilmembers. Councilmember Broucek addressed the Council calling upon Chief of Fire Rescue, John C. Gilbert to address the Council regarding the participation of Key Biscayne in the Community Emergency Response Team (C.E.RT.) Program. Councilmember Broucek gave a brief update on Village Voices. 3gf8 May26, 1998 Councilmember Padovan addressed the Council regarding the local library proposed budget cut requesting consensus from Council to allow her to get the facts together in order to bring them to Council at budget time. It was the consensus of Council to approve this request. Village Attorney. The Attorney addressed the Council regarding an area -wide suit by the Catholic Church to establish itself as exempt from stormwater utilities fees (Bal Harbour et al\Favalora, Rev. Eta,. The Attorney explained that the Village has already exempted the Church from such fees, but the suit nevertheless includes Key Biscayne. Attorney Helfinan addressed the Council regarding rule 9-J5, explaining that a letter wassent to all Councilmembers with the explanation that the State required a sanitary sewer element to be part of the Village's master, plan. Councilmember Broucek made a motion to end debate on the above subject. The motion was seconded by Councilmember O'Reilly and failed by a 2-3 voice vote. The vote was as follows: Councilmembers Broucek and O'Reilly voting Yes. Councilmembers Han, Padovan and Mayor Festa voting No. There was extensive discussion from Council on this issue. Councilmember Broucek made a motion to close debate on the above subject. The motionwas seconded by Councilmember O'Reilly and approved by a 4-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly and Mayor Festa voting Yes, Councilmember Padovan voting No: The Attorney addressed the Council regarding the Fair Labor Standard Act stating that he is working with the Manager on this subject. The Attorney addressed the Council regarding the situation of parking of RVsin residential streets on the West side and in front of town houses and condominium on the East side and boats on trailers on the swale and public areas. Some of the stipulations were that there be one per property, no one living in it, be in good shape and be secured for hurricane season. Councilmember Han made a motion directing staff to perform a comprehensive Village -wide parking study which would include these issues. The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. Village Manager. The Manager presented to the Council the 1998 Sixth Month Report. Director of Finance and Administrative Services, Thomas, N. Zannis,'addressed the Council. 4of8 May 26, 1998 ORDINANCES: The Clerk read the following ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-53.1 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SETBACKS, PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SIZE, ETC" CREATING A 50 . FOOT REAR SETBACK FOR CERTAIN PROPERTIES; PROVIDING ` FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING AN EFFECTIVE DATE. Director Little addressed the Council informing that his department had sent out the notices to the affected property owners, as requested by Council. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Padovan made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember O'Reilly and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. The second' reading of this ordinance will be at the Council Meeting of June 23, 1998_ The Clerk read the following ordinance, on first reading by title: AN ORDINANCEOF THE VILLAGE OF KEY BISCAYNEE, FLORIDA; AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN"; TO PROVIDE FOR PERMITTED LOCATIONS OF SAID SIGNS; PROVIDING FOR SEVERABILITY;- PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE: The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Padovan made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote. The vote was as follows:. Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. 5 of 8 May 26, 1998 It was the consensus of Council to direct staff to send out a notice to the Managers of the Real Estate offices in the Village advising them of the second reading of this ordinance. The second reading of this ordinance will be at the Council Meeting of June 23, 1998. The Clerk read the following ordinance, on second reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1997- 1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBITS "A" AND "B", PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Padovan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek. Counoilmember O'Reilly made an amending motion to move these funds into a new fund for tax reduction. The motion died for lack of a second. The main motion was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 9. RESOLUTIONS: The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION OF L. GRANT (JACK) PEEPLES FOR HIS DEDICATION TO AND ACHIEVEMENTS FOR THE VILLAGE THROUGH EFFECTIVE LOBBYING EFFORTS WITH THE STATE OF FLORIDA. Mayor Festa made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. Ed Meyer, 100 Sunrise Drive addressed the Council. 10: REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. The Manager requested the deferral of the discussion regarding Villa #69 to the June 9, 1998 meeting. 6of8 May 26, 1998 The Manager addressed the Couneil regarding the proposed Sanitary Sewer Project reporting that he will meet on May 27, 1998 with State Department Health Officials to determine if there is a one year requirement for hooking up to a sanitary sewer system after it becomes available and if this is required, how to get a variance. Mayor Festa addressed the Council regarding Ordinance 96-6 which requires 5 affirmative votes from Council on any official approval involving a loan. This item was brought before Council as a point of clarification. Councilmember Padovan reported that she met with School Board Officials regarding the installation of lights for the basketball -court and informed the Council that this will not place this year. Mayor Festa gave a brief report regarding the ANOMS system at the airport. Village Attorney. The Attorney submitted his report earlier in the meeting. Village Clerk. The Clerk informed the Council that the following proclamations had been issued by the Office of the Mayor during the month of May: Flag Day and Memorial Day Celebration. The Clerk gave a brief report on the procedure to obtain absentee ballots from her office for the upcoming June 30, 1998 special election. Village Manager. The Manager requested approval of a request from the 7th Annual Cure Huntington' Disease Triathlon, schedule for August 9, 1998 at 7:00 AM. in Crandon Park and along Rickenbacker Causeway. Mayor Festa made a motion to approve the Huntington's Disease Triathlon on August 9, 1998. The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. The following items were provided for information: letter from Dick Cromartie, Commander, Post 374, The American Legion, regarding the Monument for the Village Green, dated May 8, 1998; letter from Village Manager to the Kiwanis Club of Key Biscayne, Inc., regarding the Kiwanis 5th Annual Fourth of July Picnic on the Green -Village Green rental permit. IL OTHER BUSINESS/GENERAL DISCUSSION: Councilmember Broucek requested consensus from Council to have a discussion regarding bed and breakfast inns and vacation home rentals addressed by the Key Biscayne Chamber of Commerce in a letter sent to Council. It was the consensus of Council to instruct staff to look into these issues. Yarina de los Rios, 825 Brickell Bay Drive, Miami; Conchita Suarez, 201 Crandon 7of8 May 26, 1998 Boulevard addressed the Council. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of fixture meetings and events was presented to the Council and the public. 13. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. Resp ' ufly submitted: A ita H. Alvarez, Village Clerk Approved this Ist day of July ,1998: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON 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. 8 of 8 COUNCIL DID NOT CONVENE DURING THE MONTH OF JUNE 1998 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, JULY 1, 1998, COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Martha Broucek (arrived at 6:15 p.m), Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: Reverend Pat Arnold, Key Biscayne Presbyterian Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the Special Council Meeting of May 26, 1998 were approved by unanimous consent. 5. AGENDA: Mayor Festa requested the removal of Item 6A2 from the consent agenda and the addition of a discussion resolving a dispute between a neighbor and the Village regarding a driveway as Item 11A6. Councilmember Padovan requested the removal of Item 6B 1 b from the consent agenda and to delete Item 11A4 under Mayor and Councilmembers and substitute it with a brief discussion regarding outdoor dining. Councilmember O'Reilly requested the addition of a report regarding the American Coastal Coalition as Item11A7. The Clerk requested the addition of a special presentation of Resolution 98-30 to Mr. Jack Peeples and reported a scribners error under the clerk's report. There were no objections to the agenda changes. 1 of 12 July 1, 1998 6. CONSENT AGENDA: Mayor Festa made a motion to approve the following consent agenda. Councilmember Padovan seconded the motion and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. A RESOLUTION OFTHE -VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING THE ATTACKED AGREEMENT WITH MR. E?EQUIEL MILLA HINOJOZA, KEY BISCAYNE, FLORIDA, FOR PROFESSIONAL TENNIS SERVICES AT CALUSA PARK; PROVIDING FOR AN EFFECTIVE DATE. PUBLIC WORK'S DEPARTMENT SERVICE BID FOR CATCH BASINS CLEANING. Contract awarded to SOS Construction Corporation for $45,00 per structure, including jetting and dump fees for an indefinite term. ' 7. SPECIAL PRESENTATIONS: Councihmember Sime introduced Christina Pereira Sehumanner, Candidate for County Court Judge. Ms. Sehumanner addressed the Mayor and Couneilmembers and the public. Mayor Festa presented, on behalf of the Village Council, Resolution 98-24 to the Floodplain Management Committee Members: Mr. Chris Sager, 335 harbor Drive, addressed the Council regarding Villa #69 stating that it will be demolished, saving some parts of the building. Couneihnembers Padovan and O'Reilly will donate the cost of the permit to demolish the Villa.. Assistant to the Manager, James D. DeCocq, addressed the Council presenting his internship thesis to the Mayor and Members of the Village Council. Mr. Ra»1 Lastra, OBM Miami, addressed the Council regarding the following projects: Preliminary Ocean Park developmentplans and West Wood and West Heather Drives sidewalks/traffic calming project. Greg Marks, 129 East Enid Drive; Jaynes Taintor, 355 Harbor Drive addressed the Council. Mr. Lastra stated that the next step regarding the Ocean Park will be to get cost estimates and talk to the Department of Environmental Protection to make sure that the proposed project can be built. The Mayor and Councilmernbers requested that a parking concept for this park be brought before them at the next council meeting: 2 of 12 July 1, 1998 Mr.. Lastra OBM Miami and Andy Kacer, Williams, Hatfield & Stoner, Civil Engineer for the project, addressed the Council regarding the West Wood and West Heather Drives sidewalks/traffic calming project. There was extensive discussion from Council regarding these projects. Councilmember Sime made a motion to approve the West Wood and West Heather Drives sidewalks/traffic calming project. The motion was seconded by Vice Mayor Fried. Mayor Festa made an amending motion to have sidewalks on one side of the street only. The motion was seconded by Councilmember Han and failed by a 2-5 voice vote. The vote was as follows: Councilmember O'Reilly and Mayor Festa voting Yes. Councilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting No. Councilmember Padovan made an amending motion to reduce the traffic calming devices from eight (8) to six (6) and the types of devices from circles to two (2) elevated is and one (1) median diverter. The motion was seconded by Councilmember O'Reilly. Councilmember Padovan withdrew her motion. Councilmember O'Reilly made a motion to defer the traffic calming circles to the next council meeting. The motion was seconded by Councilmember Han and failed by a 3-4 voice vote. The vote was as follows: Councilmembers Han, O'Reilly and Mayor Festa voting Yes. Councilmembers Broucek, Padovan, Sime and Vice Mayor Fried voting No. Mayor Festa made an amending motion instructing the Manager to go out to bid for these projects, but to present to Council options for reduction in devices and changes in devices for final determination. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The main motion as amended was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 7. PUBLIC COMMENTS: Eduardo Benet, 77 Crandon Boulevard, addressed the Council. At this point the Mayor, on behalf of the Village Council, presented Resolution 98-30 to Mr. Grant Peeples. Mr. Peeples addressed the Council thanking them for this distinction. Village Clerk. By consensus of Council the results of the Special Election of June 30, 1998 were read at this time by the Village Clerk. The results were the following: 286 affirmative votes and 646 negatives votes, resulting in the failure to amend the Village Charter. 3of12 July 1, 1998 Councilmember Padovan requested consensus from Council to take the Drama Club request out of order in the agenda after the zoning hearing. There was no objection to the request. 8. BUILDING, PLANNING AND ZONING: All witness giving testimonies in the folio zoning hearings were sworn in by the Clerk. Hearing_ Number 98 -0526 -VC -02. (Deferred from the Public Hearing on May 26, 1998), Victor Ilenriquez 300 Harbor Drive, pursuant to Section 30-53.1 of the Key;Riscayne Code, the applicant is applying for a non-use variance of twenty -five-foot (25') front setback requirement to allow a twelve -and -a -half -foot (12.5') front setbackf©r a proposed garage of a newly constmetcd residence. Director of Building,. Zoning and Planning. John P. Little addressed' the Council stating his recommendation for approval. The Mayor opened the public hearing. Bill Earle, 280 harbor Drive; Clay Tootle, Interscope Contractors, representing the applicant; Jim Taintor, 355 Harbor Drive; Pat Kilgore, 370 Harbor Court; Victor Henriguez, owner of the property addressed the Council. The Mayor closed the public hearing; The Attorney addressed the Council regarding this variance. Vice Mayor Fried made a motion to approve the request. The motion was seconded by Councilmember O'Reilly and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Cbuncilmembers Broucek, ,Han and Padovan voting No. Hearing Number 98 -0623 -VC -01. C. Maurice and Fausta Labarrere, Ana Maria Arellano, 412/414 Femwood Road, pursuant to Section 30-55 of the Key Biscayne Code, the applicants are applying for a non-use variance oftwenty-five point ninety seven -foot (25.97') driveway width requitement to allow a forty-four point twenty five-foot (44.25') width of combination of driveways at the points of intersections with the right-of-way for the subject property. Director Little addressed the Council stating his recommendation of denial without prejudice. The Mayor opened the public hearing. Fausta Labarrere, the applicant, addressed the .Council. The Mayor closed the public hearing. Mayor Festa made a motion to defer this hearing to the next Council meeting so that the applicant and the Building, Planning and Zoning Department can study this further. The motion was seconded by Councilmember Broucek and approved by a 7-0 roll call vote. The vote was as follows: 4of12 0 July 1, 1998 Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes_ At this time the proposed Key Biscayne Music and Drama Club agreement was heard. Carol Ann Rudy, 25 NE. 99 Street, Miami Shores, President of the Drama Club, addressed the Council. Councilmember Padovan made a motion to enter into the agreement with the Drama Club for $15,000 plus utilities: The motion was seconded by Councilmember Sime and failed by 3-4 voice vote. The vote was as follows: Councilmembers Han, Padovan and Sime voting Yes. Councilmembers Broucek, O'Reilly, Vice Mayor Fried and Mayor Festa voting No. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,000,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. The Manager and the Attorney addressed the Council regarding this ordinance. Robert Brooks, 95 West McIntyre Street addressed the Council. Mayor Festa made a motion to table this ordinance to later in the meeting. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN SUNTRUST BANK, MIAMI, N.A. AND THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR AN EFFECTIVE DATE. 5of12 July 1, 1998 Steven Zelkowtz, Attorney with Weiss Serota Helfinan Pastoriza and Czuedes, P.A, and Mark; Jacobs, Counsel for SunTrust addressed the Council regarding this resolution. Councilmember Broucek made a motion to approve the resolution. -The motion was seconded by Councilmernber Han. Councilmember Broueek made an amending motion to,ehange Section 7.2 of the contract from 60 days to 9.0 days, Councilmember Hanseconded the motion. Couneilrnember Broucek withdrew her motion. The main motion was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Mayor Vesta madeta•motion to remove the ordinance regarding the land acquisition revenue bonds from the table. The motion was seconded by Councilmember Broucek and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, -Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Councilmember Sime made a; motion to adopt the ordinance on first reading. Councilmember Han seconded the motion and it, was approved by a 6-1 roll, call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No The clerkread the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-53.1 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SETBACKS, PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SILL, ETC" CREATING A 50 FOOT REAR SETBACK FOR CERTAIN PROPERTIES; PROVIDING FOR SEVERABILITY PROVIDING FOR1NCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing: There were no speakers present. The Mayor closed the public hearing. Vice Mayor Fried made a motion to approve the ordinance on second reading. The motion was seconded by Mayor Festa and approved by a 6-1 roll call vote. The vote was as follows: 6of12 July 1, 1998 Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No; The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN"; TO PROVIDE FOR PERMITTED LOCATIONS OF SAID SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE. Director Little and the Manager addressed the Council regarding this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Vice Mayor Fried made a motion to approve the ordinance on second reading. The motion was seconded Councilmember Padovan and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No; The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW; DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Councilrnember Han made a motion to approve the resolution. The motion was seconded by Councilmember Sime. Councilmember O'Reilly made a motion to amend Section 1 with the rolled back rate on the first blank of Section 1 and make the second blank correspond. The motion was seconded by Councilmember Padovan and failed by a 2-5 voice vote. The vote was as follows: Councilmembers O'Reilly and Padovan voting Yes. Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting No. 7of12 July 1, 1998 The main motion was approved by a 5-2 voice. vote. The vote was as follows: Councihnembers Broueek, Han, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers O'Reilly and Padovan voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE. ATTACHED AGREEMENTS WITH CERTAIN FIRMS TO PROVIDE FOR GENERAL PROFESSIONAL ARCHITECTURAL, ENGINEERING SERVICES AND ,SURVEYING, PROVIDING, FOR AN EFFECTIVE DATE. There was extensive discussion from Council regarding this resolution. Mayor Festa made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broueek, Han, O'Reilly, Padovan, Since, Vice Mayor Fried and Mayor Festa voting Yes. 11, REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Manager addressed the Council regarding the Village Green parking., This item was brought before Council in anticipation of the SunTrust Bank building their new building. The Manager was directed to bring back options to Council regarding this issue. The Manager presented to the Council a proposed Crandon Boulevard "No. Parking" traffic signage request. Councilmember Han made a motion to install "No Parking" signs on Crandon Boulevard from Harbor Drive South numbers 12, 80, 200 and 300. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan,Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Manager addressed the Council regarding the Florida Department of Health (sanitary sewer) one year connection requirement and reported on Me meeting held on May 27,1998. The Attorney addressed the Council regarding this issue. Mayor Festa made a motion to authorize the Manager to speak with Mr. Jack Peeples and hire him, if necessary. The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows:: Councilmembers Broncek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 8of12 July 1, 1998 Councilmember Sime made a motion to hire a lobbyist up to $25,000. The motion was seconded by Mayor Festa and approved by a 6-1 voice vote. The vote was as follows': "Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan voting No. The Manager addressed the Councilregarding the Adelphia Cable franchise agreement renewal stating that it terminates on March 3, 2001. The Manager presented to Council a request for'traffic calming on Mashta Island. It as the consensus of Council to wait on this request. The Manager addressed the Council regarding the Village Green Gazebo/Bandstand. It was the consensus of Council to defer this issue to the next meeting. Village Planner Consultant Lastra addressed the Council regarding this issue. The Manager presented to Council two Public Works Department service bids: street sweeping and ornamental lighting for various --projects: Mayor Festa made a motion to award the street sweeping contract to Tri-County Services for $1,625.00 per occurance. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes: Councilmember Broucek made a motion to award the ornamental lighting contract for medians on Ocean Lane Drive, Crandon Boulevard and the Lake Park to South Dade Lighting for $68,525.00 (cost of materials) and to Interior Electric, Inca For $78,600.00' (cost of installation). The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Chief of Fire Rescue, John C. Gilbert gave a brief report to the Council regarding the Fourth of July fireworks program and the banning by the Governor regarding the sale of fireworks. This issue will be strictly enforced by the Police Department. The following items were provided for information: the monthly departmental reports (May); the May monthly report for the Key Biscayne Chamber of Commerce; press release regarding Village of Key Biscayne wins Communications Contest Award for outstanding municipal public information publication; memorandum to Mayor and Members of the Village Council front Village Manager regarding Crandon Boulevard Master Plan, dated June 22, 1998; letter to Assistant to the Manager from Sean McCrackine, Manager, Communications and Media Relations Program, Miami -Dade County regarding environmental videos to be televised on the Key Biscayne channel, dated June 16, 9of12 July 1, 1998 11998; letter to Village Manager from Terry L. Davis, Executive Director and CEO, AASLH regarding the selection of the Key Biscayne Heritage Trail as a 1998 AASLH Award winner, dated June 16, 1998; "53 Sea Turtle Nests, 100 False Crawls, on Key so for this Season", Islander News article, dated June 11, 1998; memorandum to Village Council from Village. Manager regarding playing fields - residents on Fanwood and Glenridge, dated June 4,1998: letter to Village Realtors regarding amendment to sign code - real estate open house signs, dated June 1, 1998; letter to Finance Director from Joel W. Robbins, Property Appraiser., Miami -Dade County. regarding 1998 Assessment Roll Estimate, dated June, 1, 1998; letter to Village Manager from Key Biscayne Cammuniiy shoo -1 regarding village transportation vehicle, • dated May ^29; 19987 letter from Greenberg Traurig to Village Attorney regarding the Escrow Agreement for Gardens of Key Biscayne, rlated October 28, 1992, letter dated May 29,1998; "Cape Florida State Park Beach ranked no. 7 *the country". Islander News article, dated May 18,;199& etterr to Ms. Joan McCaughn from Village Manager regarding traffic canning, dateddMay,27, 1998; letter to Chief of Fire Rescue from Bill Nelson, Department of Insurance; State of Florida regarding the State Fire Marshal's Fire Service Communications.Grant .Program, datedMay +15,,1998. Mayor and Councilnernbers. Mayor Festa made a motion to reappoint Rosemary Sala and Dennis O'Hara as Special Masters. Councilmember Sime seconded the motion and it was approved by a 7-0 voice vote. The vote was as follows: Couneilrnembers Broucek, Ilan, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Couneiimember Broneek addressed the Council regarding the City of Miami, Virginia Key development. The Manager announced that there will be apublic meeting on July 17, 1998 at 9:00 a.m. in the Council Chamber regarding the Seaquarium issuewith the City of Miami, Miami -Dade County, the Department of Environmental Protcetion,andthe Department ofCommr nity Affairs. The Attorney addressed the Council regarding this issue. Councilmeinber Padovan addressed the Council regarding the traffic problem into Bill BaggslCape Florida recreation area. It was the consensus of Council for staff to get in contact with the Director of the Parks Department at the State level and to get it contact with fete Hernandez, Public Works, regarding the sign on1-95. Chief of Police, Michael J. Flaherty addressed the Council regarding this issue. Councilmember Padovan addressed the Council regarding the outdoor dining problem within the Village. The Attorney addressed the Council stating that any changes regarding this regulation should be done by ordinance. 10of12 July 1, 1998 Councilmember O'Reilly made a'motion -to extend the meeting 10 minutes. The motion was seconded by Vice Mayor Fried and approved 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Padovan and Sime voting No. Mayor Festa made a motion to limit discussion to 2 minutes per item. The motion was seconded by Councilmember Padovan and approved by ;a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Pamela Kirkpatrick, representing the Key Biscayne Chamber of Commerce, addressed the Council. Councilmember O'Reilly addressed the Council giving a brief report regarding his attendance to the American Coastal Coalition. Councilmember Sime addressed the Council regarding environmental signage and graphic design plan. Mayor Festa requested a quick closure on a dispute between a neighbor and the Village. Mayor Festa also requested a copy of the letter that went to Femwood and that a copy be sent to the party involved. Mayor Festa made a motion authorizing the Attorney to look into a possible conflict if a contractor becomes part of the Village Council. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han voting No. Village Attorney. The Attorney submitted to Council a copy of the 1998 Legislature (S for SI3 2474 Florida Statutes Section 34 (Seaquarium Legislation). The Attorney presented to the Council a letter from Miami -Dade County Attorney regarding the Declaration of Restrictions between Village and Miami -Dade County (The Lipton Championships). 11. OTHFR BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 11of12 July f, 1998 13. ADJOURNMENT: The meeting was adjourned at 11:22 p.m. Resftfully submitted: Cone/Etta IL Alvarez, Approved this 25th day of August ,1998: IF A PERSONDECIDES TOAPPEALANYDECISION MADE BYTHE' VILLAGE COUNCIL WITH RESPECT TO ANYMATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICHRECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL IS TO BE RASED. 12 of 12 0 SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 28, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR I CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Vice Mayor at 6:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Michele Padovan and Vice Mayor Mortimer Fried. Councilmembers Hugh O'Reilly, Betty Sime and Mayor Festa were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wolpin. 2. PLEDGE OF' ALLEGIANCE: Vice Mayor Fried led the Pledge of Allegiance. AGENDA: There were no changes made to the agenda. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING RESOLUTION 98-32 BY CHANGING THE DATE FOR THE FIRST BUDGET HEARING; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Han made a motion to approve the change in the Council meeting schedule (change the First Budget hearing from September 1 to September 8 and delete the Regular Council meeting of September 8, 1998). Councilmember Padovan seconded the motion and it was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan and Vice Mayor Fried voting Yes. I of3 The Clerk read the following resolution by title: July 28, 1998 Couneilmember Han made a motion to approve the resolution. The motion was seconded by Couneilmember Broucek and approved by a 4-0 voice vote: The vote was as follows: Couneihnembers Broucek, Han, Padovan and Vice Mayor Fried voting Yes. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT : OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Padovan made a motion to approve the resolution. The motion was seconded by Couneilmember Han and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Broueek, Han, Padovan and Vice Mayor Fried voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING INTERIM ENFORCEMENT POLICY CONCERNING THE USE OF OUTDOOR DINING FACILITIES FORRESTAURANTS WITHIN THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. Couneilmember Han made a motion to approve the resolution. The motion was seconded by Councilmember Padovan. Conchita Suarez, 201 Crandon Boulevard; James Pilafian, 180 Crandon Boulevard; Marie Surace, La Piazzetta Restaurant; Chartuni, 328 Crandon Boulevard; Carlos Torres de Navarra, La Carreta Restaurant; Robert Brooks, Key Biscayne Chamber of Commerce; Linda Brandin, Linda B. Restaurant addressed the Council. Councilmember Padovan made an amending motion to amend paragraph 1 to read as follows: "No more than four seats which comprise one table shall be provided for each ten tables (four seats each) which are located inside the restaurant, as a ratio of outdoorlindoor dining" and to extend the time in paragraph2 to l 1:00 p.m.. The motion was seconded by Couneilmember Han and approved by a 4-0 voice vote,'. The vote was as follows: Councilmembers Broucek, Han, Padovan and Vice Mayor Fried voting Yes. The resolution as amended was approved by a 4-0 roll, call vote. The vote was as follows: Couneilmembers Broucek, Han, Padovan and Vice Mayor Fried voting Yes. 2 of 3 July 28, 1998 REPORTS AND RECOMMENDATIONS: The following item was discussed: Village Attorney. The Attorney gave a brief report regarding the election qualification matter. The Attorney stated that the qualification requirements do not address potential conflicts of interest and other matters that may arise. However, there are other several matters that have to be carefully looked at by any candidate who seeks to run for the Council because they will have to address those issues if and when elected. Those issues would arise if a candidate has an interest or relationship with a business that is doing business with the Village. The Attorney concluded his report by stating that there are several potential conflicts of interest that would arise and those would be under the Village Charter, the County Ethics Code and the State Ethics Code. 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 7. ADJOURNMENT: The meeting was adjourned at 7:15 P.m. Resp idly submitted: Conchita H. Alvarez, Village Clerk Approved this 25th day ofAugust , 1998: IFAPERSONDECIDES TOAPPEAL ANY DECISIONMADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER CONSIDEREDATA MEETING OR HEARING, THAT PERSON 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. 3 of 3 SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 25, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR i. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Betty Sime was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Steve Helfinan and David Wo1pin. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3, APPROVAL OF MINUTES: The minutes of the Regular Council Meeting of July 1, 1998 and the minutes of the Special Council Meeting of July 28, 1948 were approved by unanimous consent. 4. AGENDA: The Clerk requested to substitute the resolution under Item 9D by the revised one in front of the Council and reported a clerical matter in the resolution under Item 9E. Councilmember Padovan requested the addition of a brief discussion regarding improvement of traffic into Bill Baggs State Park as Item 10A5, to hear the Attorney's report after the zoning hearing and to hear the discussion regarding sidewalks no later than 8:00 p.m. There were no objections to the agenda changes. At this time, Councilmember Broucek introduced Mr. Raul Garcia-Ordofiez, candidate for County Court Judge, Group 36. Mr. Ordofiez addressed the Council and the public. Mayor Festa introduced Mr. Gus Barreiro, candidate for the House of Representatives, Republican Party: Mr. Barreiro addressed the Council and the public. 1 of 13 August 25, 1998 5. SPECIAL PRESENTATIONS: The Mayor presented, on behalf of the Village Council, proclamations to the foliowing Key Biscayne residents for their service to the community: Mr. Winton Churchill, Ms. Donna I. Rice and Ms. Valerie Cassidy% 6. CONSENT AGENDA: Councilmember O'Reilly made a motion to approve the following consent agenda. Councilmernber Broucek seconded the motion and it was approved by a 6-0 roll call vote. The vote was as follows: Counci members Broucek; Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes_ y' A RESOLUTION OF THE VILLAGE; OF KEY BISCAYNE, FLORIDA`; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT WITH MIAMI --DARE COUNTY, MARKED EXHIBIT I, FOR JOINT COMPLETION OF A LOCAL MITIGATION STRATEGY, INCLUDING COMPENSATION TO THE VILLAGE FOR WORK. THEREUNDER IN AN AMOUNT NOT TO EXCEED. $30,000; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE.THE ATTACHED AGREEMENT WITH KBS DEVELOPMENT ASSOCIATES„ INC. MARKED AS EXHIBIT I, FOR A TOTAL COST NOT TO EXCEED$$1'5,000 FOR THE VILLAGE'SACTIVE PARTICIPATION IN THE JOINT PREPARATIONOF A SINGI,I COUNTY -WIDE UNIFIED LOCAL MITIGATION S IRA.TEGY, AS GENERALLY DEFINED IN AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE; PROVIDING,,I;OR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING AUGUST 31 - SEPTEMBER 7, 1998 AS FIREFIGHTER APPRECIATION WEEK; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING 1111, VILLAGE MANAGER. TO EXECUTE THE ATTACHED AGREEMENT FOR GENERAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING, SERVICES WITH ETAS ENGINEERING, INC. , ROBERT CURRIE PARTNERSHIP AND COASTAL SYSTEMS -INTERNATIONAL, INC.; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF 3'HE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA SUPPORTING REVISION ##10 TO THE FLORIDA CONSTITUTION, AND ENCOURAGING AI.L MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON THE IMPORTANCE OF AND NEED FOR THIS REVISION., 2 of 13 August 25, 1998 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA SUPPORTING REVISION #12 `TO THE FLORIDA CONSTITUTION, PROVIDING COUNTIES THE OPTION OF REQUIRING A CRIMINAL HISTORY RECORDS CHECK AND A THREE -TO -FIVE DAY WAITING PERIOD ON PERSONS PURCHASING FIREARMS ON PROPERTY OPEN TO PUBLIC ACCESS. • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR PROFESSIONAL BUILDING INSPECTION AND PLAN EXAMINATION SERVICES AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE SUCH AGREEMENTS TO PROVIDE FOR BUILDING, ELECTRIC, PLUMBING, MECHANICAL AND OTHER PLAN EXAMINATION AND BUILDING INSPECTION SERVICES; PROVIDING FOR EFFECTIVE DATE. 7. BUILDING, ZONING AND PLANNING: All witness giving testimonies in the following zoning hearing were sworn in by the Clerk. Hearing Number 98 -0825 -VC -01. John Rabley, 119 Harbor Drive, pursuant to Section 30-53.1 of the Key Biscayne Code, is applying for anon -use variance of seven -and -a -half -foot (7.5') interior side setback requirement to allow a six -point -fifty -five-foot (6.55') interior side setback from the westerly property line to the existing single family residence. John Little, Acting Director of Building, Zoning and Planning addressed the Council recommending approval of this variance subject to the following condition: that the existing fence encroachment be resolved between the applicant and the adjoining neighbors when such issue is raised.` The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Han made a motion to approve the request with staff's recommendation. The motion was seconded by Vice Mayor Fried and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes: Village Attorney. At this time Item 10B1, Village Attorney's report, was heard. Attorney Helfman addressed the Council giving an update regarding the state mandated discussions between the governmental agencies which have jurisdiction or ownership of property between the toll plaza and Bill Baggs State Recreational Area regarding land use, economy, environment and emergency evacuation. 3 of 13 August 25, 1998 Attorney Hoffman explained the proposed plan the City of Miami has for the development of Virginia Key and the direct impact that these plans would have on the Village of Key Biscayne. The Attorney also stated that the Chair asked of Key Biscayne that there be an- additional person assigned to the negotiating group and recommended the appointment of Joe Serota, clue to his iextensive' know ledge regarding the issues related with Crandon Park and the Seaquarium. • The Attorney also ,explained, that thc position of the State Division of Recreational,, Park representatives, was, that there would be no agreement from -.their =departipent permitting, the; construction of'ballfields. -ghe,County also stated that they are not'willing to do'1lanythitig,further to continue ballfieldscinCrandon ,Park. f!' The Attorney_said thatthe. cast request made•of the Village of` Key Biscayne was= to, cons icier a level of service of aeceptablee traffic that this community, through the Council, would be willing to accept. The Attorne ,,recommcnded.that the Corhmittee isitwith a.traffic professional' and find out what kind of paranieters of methods ofmeasurements are available, Vice Mayor Fried made a motion to appoint Joe Serota. from the Attorney's =office, to the Committee: The motion was seconded by Councilmember Broucek and approved by a-6-0 voice voter 1'he vote was;as.foilows: -Councilmembers.,Broltcck;,Hin, O'Reilly, Padovan Viee:Mayor Fried and Mayor Festa voting Yes. Mayor Festa made a motion to continue discussions at these meetings on the subject of playing fields on Virginian Key. The motion was seconded by Councilmembcr Padovan and approved' by a 5-1. voice vote. The vote was as follows: Councilmenibers Ilan, O'Reilly. Padovan, Vice Mayor Fried and Mayor Testa. voting Yes. Councilmember Broucek voting No. The Manager addressed the Council regarding the playing fields issue. Councilmember Broucek offered an amendment that any discussions regarding playing fields on Virginia Key should not be limited to the so called sports arena complex and organized soccer fields. The motion was seconded,by Councilmember Han and failed by a,0-6 voice vote. The vote was as follows: Councilmeinbers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting No. Mayor Festa made a motion to authorize the Committee to engagea traffic engineer to develop different levels of traffic impact acceptable, by the Village. , The motion was seconded, by Councilmember O'Reilly and approved by a 6-0 voice vote The vote was, as follows: Couneilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes:. 4of13 ii August 25, 1998 Conchita Suarez, 201 Crandon Boulevard; Ed Meyer, 100 Sunrise Drive; Mabel Miller, 210 Seaview Drive addressed the Council. Councilmember Padovan raddressed the Council regarding the proposed plans of Dade County Schools to build a high school in the land adjacent to the Mast Academy to serve tht areas of Brickell and Key Biscayne. It was the consensus. of Council to allow the Attorneys to bring this issue to the attention of the City of Miami at the next meeting. Councilmember Broucek made a motion empowering the Committee to engage in discussions only with government officials and not with the delegates of the Seagnarium. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. There was extensive discussion from Council regarding this issue. The Attorney announced that the next meeting of the Key Biscayne Working Group is scheduled for Thursday, September 17, 1998, 6:00 P.M., at the City of Miami Commission Chamber. At this time Item 10AI, workshop regarding West Wood/West Heather sidewalks, was heard. The Manager addressed the Council regarding the bid process for this project. Councilmember Broucek made a motion to instruct the Manager to stop the bid process for the sidewalk project on West Wood and West Heather. Councilmember Padovan seconded the motion and it was approved by a 5-1 voice vote. The vote was as follows: Councihnernbers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. Vice Mayor Fried voting No. Jim Asher, 381 West Heather Drive addressed the Council. It was the consensus of Council to hold a workshop to discuss the sidewalk and traffic calming project on West Wood and West Heather on October 6, 1998 at 7:00 p.m. in the Council Chamber. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE V "BUSINESS USE REGULATIONS" CONSISTING OF SECTION 30-100 "OUTDOOR DINING FACILITY REGULATIONS", TO PROVIDE REGULATIONS CONCERNING OUTDOOR DINING FACILITIES AT RESTAURANTS WITHIN TIIE 5 of 13 August 25, 1998 VILLAGE; PROVIDING FOR MODIFICATION OF APPLICABILITY OF THE REGULATION OF OUTDOOR DINING FACILITIES AS UNUSUAL USES UNDER MIAMI-DADE COUNTY ZONING CODE WITHIN THE VILLAGE; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 0E INTERIM ENFORCEMENT POLICY; PROVIDING FOR EFFECTIVE DATE.. Acting Director Little addressed the Council regarding this ordinance.: The Mayor opened the public hearing. Camille Guething, 260 Seaview Drive; "James Pilafian, 189 Crandon Boulevard; de`Mazieres, 365 Harbor Court; Merrie Surace,'La Piazzetta Restaurant; Lino Suarez; 0 , Manolo Rebo'so, La beta Restaurant: onelrita Sithrez, 201"Crandon Boulevard; Do ig Weiser, 415 Grand Bay Drive: Ron Sampiero, Grand Bay Club addressed the Council. The. Mayor closed the public hearing. Councilmember Han made a motion to adopt the ordinance on first reading. seconded by Councilmember Broucek. motion was Count ihnember Han offeredan amendment to strike Section (C)(b). The motion was seconded by Councilmember O'Reilly and approved by a 6-0 roll call vote. The vote was as follows: Councilinembers Broucek,'lIan O'Reilly; Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Han offered an amendment to Section (h) to' add the words "any disposable" before the word "tableware" and delete the word "ail The motion was seconded by Councilmember O'Reilly and approwedby a 5-1 roll call vote. The vote was as follows Cdunoilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Pester voting Yes. Coune lmember Padovan voting No. 5 Par. "+. Nt .. { Councilmember Han offered an amendment to Section (e) to strike the, words "at the site" and insert "each restaurant". The motion was seconded by Councilmember O'Reilly and approved by a 6-0 roll call vote. The vote was as follows: Councilniembers Broucek, Han; O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The Attorney recommended' the addition of section (D) as follows: "Applications for approval pursuant to this section nrnst be jointly filed by the authorized applicant for the entire property within which ally 'estaairaantr'faeihities proposing to engage in outdoor dining are located,' so that the compatibility of asps is, promoted and piecemeal review is avoided." It,was the consensus of Council to add this seetiou to the ordinance. The ordinance as amended Was adopted on first reading by a 6-0 roll call vote, The vote was as follows: Councilmembers Proueelc, Han, O'Reilly, Padovan, Vic&Mayor Fried an$ Mayor Festa voting Yes. 6of13 August 25, 1998 The Clerk announced the second reading of this ordinance for September 22, 1998. Staff was directed to mail a copy of the amended ordinance to all shopping centers and to provide, for the next Council meeting, a list of restaurants with their current seating capacity within the restaurant and what that would convert to at the current 10% recommendation: ' The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEYBISCAYNE, FLORIDA, lROVIDING FOR THE CREATION OF THE SANITARY SEWER IMPROVEMENT FUND AS A FUND WITHIN THE ENTERPRISE FUNDS PROVIDED BY THE ANNUAL BUDGETS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Councilmember Han made a motion to adopt the ordinance on first reading. The motion was, seconded by Vice Mayor Fried. The Attorney addressed the Council regarding this ordinance. Councilmember O'Reilly offered an amendment to strike the word "within" in the title and in Section 1 substituting it with the word "among". The motion was seconded by Councilmember Han. Councilmember O'Reilly withdrew his notion. Mayor Festa offered an amending motion to delete "as a fund within the enterprise funds". The motion was seconded by Councilmember Padovan and it failed by a 3-3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han and Vice Mayor Fried voting No. The ordinance failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Broucek, Han and Vice Mayor Fried voting Yes; Councilmembers O'Reilly, Padovan and Mayor Festa voting No. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF 1997-1998 FISCAL YEAR BUDGET BY THE TRANSFER OF VILLAGE FUNDS FROM THE STORMWATER UTILITY FUND AND FROM THE FACILITIES RESERVE OF THE CAPITAL IMPROVEMENT FUND TO PROVIDE FOR THE EAST ENID DRIVE IMPROVEMENT PROJECT; AND PROVIDING FOR THE 7of13 August 25, 1998 REPLACEMENT BY THE GENERAL FUND OF SUCH TRANSFERRED FACILITIES RESERVE FUNDS IN THE 1999-2000 AND 2000-20001 FISCAL YEAR BUDGETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR.EFFECTIVE DATE. Councilmember Broucck made a motion to adopt the ordinance on first reading. The.motion was seconded by Councilmember Padovan and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Mesta voting Yes. The Clerk announced the. second,reading of the ordinance for September 22, 99& Th tlerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE' OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,000,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF..„ BISCAYNE,, FLORIDA, PROVIDING, FOR A SUPPLEMENTAL RESOLUTION"SET ING:FORTHITHE PET,A1LS OF &AID.BONDS- AND PROVIDING AN EFFECTIVE: DATE. Vice Mayor Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Han. Mayor Festa offered an amendment to reduce the amount of the bonds. to $3.5 million. The motion was seconded by Councilmeiber Broucek. The Manager addressed the Council regarding this ordinance. Councilmember Han offered an amendment to the amendment to reduce the amount of bonds to $3.8 million. The motion was seconded by Councilmember Broucek. The Mayor opened the public hearing. Bob $rooks, 95 West McIntyre Street; Mark Jacobs, rn_ representing SunTrust; Eduardo Benet, 77 Crandon Boulevard; Jim Peters, 561 Allendale Road addressed the Council. The Mayor closed the public hearing. as Councilmember Padovan made a motion to defer this ordinance to a date certain of October 13, 1998. Councilmember Han, seconded the motion and it failed by a 1-5 roll call vote. The vote was as follows: Mayor Festa voting Yes. Counciimenbers.Broucek, Han, O'Reilly, Padovan and Vice Mayor Fried voting No. 8 of 13 August 25, 1998 The Han amendment ($3.8 million) failed by a 2-4 roll call vote. The vote was as follows: Councilmembers Han and Mayor Festa voting Yes. Councilmembers Broucek, O'Reilly, Padovan and Vice Mayor Fried voting No. The Festa amendment ($3.5 million) was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes. Vice Mayor Fried voting No. Councilmember O'Reilly offered an amendment to add under Section 3 the following words: "and approval at the next possible election by a majority of the voters of the Village of Key Biscayne. The government of the Village of Key Biscayne shall not use public money to propagandize either side of the ballot question". The motion was seconded by Councilmember Padovan. Councilmember Han offered an amendment to the amendment to strike "The government of the Village of Key Biscayne shall not use public money to propagandize either side of the ballot question". The motion was seconded by Vice Mayor Fried and failed by a 3-3 roll call vote. The vote was as follows: Councilmember Han, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek, O'Reilly and Padovan voting No. The O'Reilly amendment failed by a 2-4 roll call vote. The vote was as follows: Councilmembers O'Reilly and Padovan voting Yes. Councilmembers Broucek, Han, Vice Mayor Fried and Mayor Testa voting No. The 'ordinance as amended failed by a 3-3 roll call vote. The vote was as follows: Councilmember Han, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek, O'Reilly and Padovan voting No. RESOLUTIONS: The Clerk read the following resolution by title: ARESOLUTIONRELATING TO EMPOWERMENT ZONE; REQUIRING THE VILLAGE OF KEY BISCAYNE TO INCLUDE IN ITS ADOPTED BUDGET OVER A TEN YEAR PERIOD, THE AMOUNT OF $10,000 TO PROVIDE LOCAL FINANCIAL SUPPORT TO IMPLEMENT THE STRATEGIC PLAN; PROVIDING AN EFFECTIVE DATE. Councilmember Han made a motion to adopt the resolution. The motion was seconded by Councilmember Padovan and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 9 of 13 August 25, 1998 The Clerk read, the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED, INTERLOCAL AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED, WITH MIAMI-DADE COUNTY FOR A COLLECTION SYSTEM CONSTRUCTION AND ATTACKED EXHIBITS "A" AND "B"; PROVIDING FOR AN EFFECTIVE DATE Couneri' nember Broueek made a motion to approve the resolution. The motion was seconded by Vice Ma;orFried and approved by a,6-1 voicc,vote. The vote wasas follows: Councilrnembers Broucek, Harr,`O'Reilly, Vice Mayor Fried Mayor Festa voting Yes Councilmember Padovan voting No. The Clerk read the following resolution by title; A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AMENDMENT #1 TO THE STATE REVOLVING FUND LOAN AGREEMENT CS12085002P; PROVIDING FOR AN EFFECTIVE DATE. Tile Manager addressed the Council regarding this resolution.. Couneiirnember O'Reilly made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and apprrove4 by a 6-0 voice vote. The vote was as follows: Councilmembers`Broucek, flan, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting.Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Manager requested motions to award the following contracts: East Enid Drive improvements to Horizon Contractor, Inc. for $586,032.60, the total cost of the project is $818,000 and. the Village Green sanitary sewer line to M.E,F. Construction, Inc. for $55,000.00. Vice Mayor Fried made a motion to award the East Enid Drive improvements contract to Horizon Contract, Inc. for $586,032.60. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes:, 10 of 13 August 25, 1998 Mayor Festa made a motion to award the Village Green sanitary sewer line contract to M.E.F. Construction, Inc. for $55,000.00. The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote'The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Staff was directed to provide a status report on the state issue regarding sanitary sewers at the next meeting. The Manager presented to the Council a letter addressed to the Director of Building, Zoning and Planning Department from William G. Earle, Esq. regarding, a setback for the 200-310 block on Harbor Drive, dated July 2, 1998. It was the consensus of Council not to take action at this time. Mayor and Councilmernbers. Councilmember Broucek addressed the Council regarding the misuses of beach access. Mike O'Brien, Manager of the Key Biscayne Beach Club, addressed the Council regarding the public beach access located on East Enid Drive and Ocean Drive explaining the following problems: Access is opened 24 hoursa day and opened to non-residents Illegal parking along East Enid Drive and in front of the Bahia Mar Condominium Large groups of people get dropped off and park at the Winn Dixie Shopping Center Trash along East Enid Drive, as well as the beach Excessive use of alcohol by these people People bring dogs to the beach In the evening teenagers use it as a place to meet and park Buses from Miami -Dade County dropping off as many as 30 to 40 kids to use this access These children have no bathrooms to use, no facilities During the summer, people were camping on the beach Staff was directed to look into the possibility of closing the beach access and to bring a report to the next meeting. Councilmember Broucek made a motion to post a"No Parking/Tow Away Zone" sign at this location. The motion was seconded by Councilmember Padovan. Councilmember Broucek withdrew her motion. 11 of 13 August 25, 1998 Chief of Police, Michael J. Flaherty addressed the Council regarding this issue. Staff was directed to put together a report for the next meeting re • arding the parking violations in this area. . Mayor Festa made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Vice Mayor Friedand approved by a 6-0 voice vote. The vote was as follows: Counlmembers_Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly excused himself at 11:00 p.m, The Mayor announced that there will be an Executive Session at 6:00 p.m. on Tuesday, September 1, 1998 and a continuation of this meeting at 7:00 p.m. The following residents also addressed the Council: Fdnardo Benet, 77 Crandon Boulevard; Camille Guething, 260 Seaview Drive, The Clerk read a letter from Toni Aldecoa regarding this issue. The following items were provided for information: the monthly departmental reports (June and July); the June and July monthly report for the Key Biscayne Chamber of Commerce; memorandum to Village Manager from Assistant to the Village Manager regarding the 1998 Lipton Tennis Championship Public Outreach, dated July 30, 1998, memorandum to Village Manager from Building, Zoning and Planning Department Acting Director regarding, encroachment into the public right-of-way, dated July 30, 1998; letter to Councilmember Sime from Tom Halicki, Executive Director, National Center for Small Communities regarding the American Hometown Leaders Award, dated July 21, 1998; fax to Village Manager from Congresswoman lleana Ros-Lelitinen regarding the Village of Rey Biscayne Sanitary Sewer System, dated July 10, 1998; letter to Village Manager from Tony Fiorentino, Assistant Coach, Miami Heat, regarding a request for a traffic cahning device at West Wood and Glenridge Road, dated July 9, 1998; letter to Congresswoman Ileana Ros-Lehtinen from Village Manager regarding Bill HR 4047, dated July 2, 1998; memorandum to Village Manager from Chief of Police regarding check for $2000 from U.S. Marshall Service, dated June 26, 1998; letter to Village Engineer from Ralph Cantral, Executive Director, Florida Coastal Management Program, Department of Community Affairs, regarding State Revolving Fund Loan agreement - Sanitary Sewer System, dated June 12, 1998; Key Biscayne Chamber of Commerce "School Alert"; preliminary population estimate (permanent residents) as of April 1, 1998; Sanitary Sewer System preliminary design report. 12 of 13 August 25, 1998 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. • 13. ADJOURNMENT: The meeting was adjourned at 11:17 p.m. cifully submitted: ddad,41167 Conchita IL Alvarez, Village Clerk Approved this 81h day of September , 1998 F. Festa yor IPA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON 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 THEAPPEAL IS TO BE BASED. 13 of 13 SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 1, 1998 (CONTINUATION OF SPECIAL COUNCIL MEETING OF TUESDAY, AUGUST 25, 1998) COUNCIL CHAMBER 85 WESTMCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The continuation meeting was called to order by the Mayor at 7:15 p.m. Present were Councilmembers Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Martha Broucek was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney; David Wolpin. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance..; REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Sime requested, the addition' of a•discussion item regarding clarification of the motion of the August 25, 1998 Council meeting instructing the Village Attorney to relay the Council policy for playing fields for the Village before the Key Biscayne Working Group. Councilmember Sime offered the following motion to clarify the instructions to the attorney: "The Village wants the playing fields to be located in Bill Baggs Cape Florida State Park, or in Crandon Park because proximity to the municipality is of paramount importance to our residents. Therefore, we recently unanimously passed Resolution #98-26, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING :AN IMMEDIATE NEED FOR THE ESTABLISHMENT OF ACTIVE RECREATIONAL 1 of September 1, 1998 PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE DISCUSSIONS WITH TIIE STATE OF FLORIDA WITH REGARD TO THE'USAGE OF A PORTION OF BILL BAGGS STATE PARK TO MEET THE NEEDS. OF THE 'RESIDENTS OF THE COMMUNITY. While Virginia Key may be developed as a regional park with playing fields, it flocs not fulfill our basic need for local playing fields nor our Master Plan requirement for local park acreage The motion was seconded by Vice Mayor Fried. Steve Simon, 335 Harbor lane addressed the Council, ll Mayor Festa offered an amending motion to strike the Word "doer and iiiseri the word will" The motion was seconded by Couneilmemher O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Couneilmembers Ham,`O'Redly, Padovan, Sime, dice Mayor Fried and Mayor Festa voting yes. 1 \l,114 ` ? The amended motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor°Fried and}Mdyor Festa voting Yes. Council ember Padovan requested to delete Item 10A3 fipm the agenda at this time and substitute it with a brief discussion regarding the programning for Channel 99 (the Village's channel). Councilmernber Padovan requested that! the Clerk, together with the Manager, look into a g system for the Key Biscayne Channel el and resent it to Council at the next meeting. Counciimember Padovan addressed the gouiia7. and public regarding the 2000 United States Census'Committee requesting the Village residents to participate in this program as volunteers. It was the consensus. of Council to reeominnend nairi' ib the Manager for the volunteer groups, Councnmernber Padovan also urged the residents to,coopete with the census workers to ensure that everybody is counted Coundiniember Padovan addressed the Council.regarding the fi nprovement of traffic into Bill Baggs `~State Park requesting consensus from Council to place temporary signs on Crandon Boulevard, `starting at the -denier of West Wood and Crandon Boulevard, tind.icating that the park is closed. It was the consensus of Council to allow the placement of these temporary signs. Chief of Police addressed the Council regarding this issue Staff was directed to contact the Miami -Dade' County Public Works Department regarding the placement oh sign at Bear Cut Bridge indicating thattl e State Park is closed. 2of6 September 1, 1998 Village Clerk. The Clerk addressed the Council and the public informing that the following candidates had qualified' for the Municipal Election to be held on November 3, 1998: Counciimember Michele Padovan, Mr. Jim Peters and Mr. Joe 1. Rasco for the Office .of Mayor. Mrs. Jacqueline de Leon, Mr. Scott Bass, Mr. Alan H. Fein, Mr. Chris Johannsen and Mr. Robert Oldakowski for the Office of Councilmember. There will only be a primary election for the Office of Mayor which will be held on October 1. The General Election will be held on November 3, 1998. The Clerk addressed the Council regarding the Great Floridians 2000: a join, undertaking of the Florida League of Cities and the Florida Department of State to recognize individuals, no longer living, important to Florida's history and culture: Nominations should be submitted to the clerk's office no later than December 31, 1998. The Clerk announced that the following proclamations had been issued by the Office of the Mayor during the month of August:' Constitution Week, International Forgiveness Day and Make A Difference Day in Key Biscayne. The Clerk was directed to send copies of the following proclamations to the Elementary School_ Constitution Week and Make a Difference Day in Key Biscayne. Village Manager. The Manager addressed the Council regarding the Fire Rescue Department Accreditation. Chief of Fire Rescue, John C. Gilbert addressed the Council regarding the accreditation process and stated that if accredited, the Village of Key Biscayne Fire Rescue Department would be the first department in the State of Florida to achieve accredited agency status. The Manager addressed the Council regarding the proposal for the Emergency Services building/buildings: Consultant Raul Lastra, OBM Miami, Inc., 2600 Douglas Road, Coral Gables, addressed the Council regarding OBM's proposal for the Emergency Services building/buildings. Mayor Festa requested that Council be presented with the cost involved between a drive-thru apparatus room versus a one-way apparatus room: Chief Gilbert and Chief Flaherty addressed the Council regarding the proposed Emergency Services buildings.` It was the consensus of Council to direct staff to contact Miami -Dade County regarding the extension of the lease or the purchase of the land where the existing Fire facilities are located. 3of6 September 1, 1998 Mayor Festa offered a motion to proceed with the design and development schematics for the Fire Station. The motion wasseconded by Canncilmember O'Reilly and approved by a 6-0 voice vote. The, vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime, Vice, Mayor Fried and. Mayor Festa votingYes Consuitant Lastraaddressed the Council regarding the Ocean Park plan.' It.was the consensus of, Council that „the, Manager present a contract to Council at the next Council:meeting in order• to proceed with this project. Couneihnember Han offered.a motion to accept Alternative 2 (attached for the record) presented by OBM.,Miarni, Inc. The motion was seconded by Vice Mayor Fried. Mayor Festa offered an amending motion to delete the gate house. The motion was seconded by Couneilmember O'Reilly and failed by a 3-3 voice vote., The vote was as, follows: ,Councilmembers Flan, O'Reilly and Mayor'Festa voting Yes. Councilmembers Padovan, Sime and Vice Mayor Fried voting No. The main motion was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No. It was the consensus of Council to direct the Attorney to;investigate the feasibility of the Village creating a non-profit corporation somewhat analogous to the existing Beach Club and to convey this property to them with certain contractual obligations for the purpose of restricting the access to the beach. The Manager addressed the Council. regarding the bandstand/gazebo and perimeter features for the Village Green. The Manager explained that the Village has a $ 100,000 matching grant that was secured from the State for the construction of the gazebo (these funds are not transferable to other projects) andotherfunds from the County concerning a perimeter feature. Mayor Festa requested that the Manager provide a copy of the above mentioned grant. Councilmember Sime offered a motion to retain an architect and proceed with the design of the gazebo. Vice Mayor Fried seconded the motion. Mayor Festa made an amending motion to defer the gazebo to the next Council meeting. The motion was seconded by Councilmember Padovan and approved by a 3-2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmember Sime and Vice Mayor Fried voting No. Councihnember Han was out of the chamber at the time the vote was taken. 4of6 September 1, 1998 The Sime motion failed by a 3=3 voice vote. The vote was as follows: Councilmembers Han, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. Councilmember Han offered a motion to build the perimeter wall. The motion was seconded by Vice Mayor Fried and failed by a 3-3 :voice vote. The vote was as follows: Councilmembers Han, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. The Manager and Consultant Lastra addressed the Council regarding the Crandkn Boulevard Master Plan. It was the consensus of Council to set a date for a traffic calming workshop, in conjunction with the County, some time during the next fiscal year. The Manager addressed the Council regarding the beautification enhancement project for a centerpiece at the circle located at the intersection of West Mashta Drive and Harbor Drive. Vice Mayor Fried made a motion to install a fountain at the circle located at the intersection of West Mashta Drive and Harbor Drive. The motion was seconded by Councilmember Sime. Councilmember Han offered an amendment to consider a fountain, some other object d'art or some other decorative structure or landscaping. The motion was seconded by Councilmember Sime and failed by a 3-3 voice vote. The vote was as follows: Councilmember Han, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. The main motion failed by a 1-5 voice vote. The vote was as follows: Vice Mayor Fried voting Yes. Councilmembers Han, O'Reilly, Padovan, Sime and Mayor Festa voting No. The Manager presented to Council a`request for "No Parking" sign and low foliage for Woodcrest Road. It was the consensus of Council to discuss this issue when the overall parking around the school is brought before Council. The Manager addressed the Council regarding the proposed 1999 Annual Budget. The Mayor requested that the tables that were provided last year comparing 11 months into the budget year versus what was budgeted be provided this year. The Mayor also requested that an analysis on the stormwater utility be discussed at the budget meeting, to include the monies received from the State to purchase the Village Green and the funds received from the Safe Neighborhood Bond Act. The Manager informed the Council that the drainage study report for the Key Biscayne Elementary School had been completed. The Mayor recommended that the Village look into the possibility of obtaining State funding in this year's legislative process for traffic calming and drainage around the school. 5 of 6 September 1," 1998 At,this time the Manager requested that Chief Flaherty address the Council regarding the different signage options around the school. It was the consensus of council to allow Councihnember Padovan, together with the PTA, to pursue before. the School Board Officials, the drop off/pick up lane going thru the middle of the school. Couneilmember Han made a motion to accept Plan #3 proposed by the Chief of Police; (attached for the record) with the extension of West Enid on both sides, . The motion died for lack of a second. MayorFesta offered. anhamendmentto add Woodcrest Road up to the school, zone sign. The motion as seconded by Councilmeinber Han and approved by a 6-0 voice vote. The rvote.was as follows: Councilmerpbers Han, O'Reilly, Padovan, Sine, Vice Mayor Fried and Mayor Festa voting Yes. The plan as,amendedwas approved by a 6-0 voice vote: • he vote was as -follows: Conncihnembers. Han, O'I e y, Pado`van, Sitne, Vice Mayor Fried and Mayor Festa voting Yes. The Manager presentedtio the Council a4etter; autborMnethe Village to do the improvemei 4• AOJ9UIMENT: Therneeting was Respee juily submitted: • , ' ;proved illicit day Di September ,199. M. 3Z Stierheim,:lvhatni-Dade County Manager s to Calnsa Park, dated June 24,1998: 10:20 p.xn. IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BYTHE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDEREDAT MEETING OR HEARING, THAT PERSON WILL NEED ARECORD OFTYFPROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE [HATA VERBATIMRECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6 MINUTES SPECIAL VILLAGE COUNCIL MEETING (FIRST BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 8, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO'ORDER/ROLL CALL OF MEMBERS: The meeting was called to older by the Mayor at 7:00 p.m. Present were Couneilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Paslovan, Betty Sinie, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the Special Council Meeting of August 25, 1998 and the minutes of the Special Council Meeting of September 1, 1998 (continuation meeting of August 25, 1998) were approved by unanimous consent. 4: AGENDA: There were no changes made to the agenda. 5. BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING I DE TENTATIVE IVILLLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN EF3`ECTIVE DATE. I of September 8, 1998 The Manager and the Attorney addressed the Council regarding this resolution. Councilmember Han made a motion to approve the resolution. The motion. was seconded by Councilmember Sime. Councilmember O'Reilly made an amending motion to strike 3.606 and insert 3.5773. The motion was seconded by Councilmember Padovan. Mayor Festa made a motion to table the resolution after the budget discussion. The motion was seconded by Councilmember Han and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, lIan, Sine, Vice Mayor Fried and Mayor Festa voting Yes. Couneilinembers O'Reilly and Padovan voting No. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE O1 TIW VILLAGE; OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETFOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999 PURSUANT TO FLORIDA STATUTE 200:065 (TRIM BILL); PROVIDDING'FOR`AN EFFkCTIVEDATEE_ Vice Mayor Fried made va motion to adopt the ordinance, en first reading. The motion was seconded by Councilmember Tian = The Manager addressed the Council giving an executive summary of the proposed budget for fiscal year 1999. as directed to correct the budget statement as recommended by Councilmember O'Reilly., The Mayor opened the public hearing,' The following residents addressed the Council; Robert Oldakowski, 550 Ocean Drive; Ed Meyer,100 Sunrise Drive. The.Ivlayor closed the public hearing: Councilmember I-lan made a motion to look at the expenditure side of the budget first. The motion was seconded by Councilmember Sime and failed by a 3-4 voice vote. The, vote was as follows: Councilmembers Broueek, Han and gime voting Yes. Councilmembers O'Reilly, Padovan, Vice Mayor Fried and Mayor.,Festa voting No. Staff was directed to provide, for the second budget hearing, the percentage of the current projects, Ocean Club and Grand Bay, that have received their building permits and the percentage of the 2of6 projects built that are in our tax roll. September 8, 1998 Vice Mayor Fried made a motion to accept the revenue side of the budget, as submitted by the, Manager. The motion was seconded by-Councilmember Sime and approved by a 6-1 roll call vote: The vote was as follows: Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Staff was directed to provide, for the second budget hearing, the balance owed for the West Mashta Bridge and the amount required for enhancements not yet approved by Council: Also, to update the Capital Budget to include East Enid and where the funds are coming from. Councilmember O'Reilly made a motion to reduce, the sum shown for fiscal year 1999 for West Mashta Drive Bridge` replacement to $61,300. Councilmember O'Reilly withdrew his motion. Staff was directed to group the projects by subject under the Capital Outlay: Analysis. Mayor Festa made a motion to increase the Village Council's budget to $25,000 as follows Administrative Expenses to $15,000, Membership & Dues to $6,000 and reduce Education& Training to $4,000. The motion was seconded by Vice Mayor Fried and approved by 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Tom Zannis, Director of Finance addressed the Council regarding the Administration's budget. Staff was requested to review the numbers for the retirement contributions and health insurance benefits for all departments of the Village and to provide a list of subscriptions that the Council subscribes to for the next budget hearing. The Clerk was directed to review the Clerk's budget and bring back recommendations regarding the education & training, the travel and the membership/dues/subscriptions line items. The Village Attorney addressed the Council regarding the Attorney's budget. Councilmember Padovan made a motion to increase the legal fees item under the Attorney's budget by $45,000, The motion was seconded by Councilrnember Broucek and approved by a 6-1 roll call vote, The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Staff was requested to provide, for the second budget hearing, a detailed explanation of the 3 of 6 compensatory tune reserves and how it"relates to the auditor's report: Councilmember O'Reillymade a motion to reduce the non -departmental office supplies to $20,000. The motion was seconded by Mayor Festa. Councilmember O'Reilly -withdrew his motion.' Staff was directed to provide, for the second budget hearing, a more detailed explanation of the non - departmental office supplies line item:. Councilmember'}'Reilly ma a' motion to delete the rrewsletterfannual report time tern. The motion died for lack of a%dcond. ` Staffwas directed to provide, for the next budget hearing, independent contractors being entitled to retirementbehefits. Mayor Festa shade a motion to reduce the microfilming line item in the Building and Zoning Department to $15,000. The, motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote.' The vote vas as follows: Couneihnembers O'Reilly, Padovan and Mayor Festa voting Yes. Couneilmembers Broucek,'Han, Sirne and Vice Mayor Fried voting No. Staff was directed to provide, for the next budget hearing;' an explanation of the benefit that ISO training in the Building and Zoning Department gives to the Village residents tivlio have insurance. It was the consensus of Council to direct staff to move the Planner's line item together with the Contractual Services. Police Chief, Ivfchaei Flaherty, addressed the Council regarding the Police Department's proposed budget:; Staff was directed to provide the Council, for the next budget hearing, with a plan for school crossing guards. Fire Rescue Chief, John C. Gilbert, addressed the Council regarding the Fire Rescue Department's proposed budget. The Mayor opened the public hearing. Ed Meyer, 100 Sunrise Drive addressed the Council. The Mayor closed the public hearing At this time the Recreation Department's budget was discussed. Staff was directed to delete the Key Biscayne Rotary Club name and use Key Biscayne Art Festival and to come back at the second budget hearing with recommendations as to where the Lighthouse 4of6 September 8, 1998 Run & Walk and the Key Biscayne Art Festival events should be allocated. The Attorney addressed the Council regarding the sponsorship of events. Mayor Festa made a motion to zero out the Heritage Day Celebration line item for this fiscal year. Councilmember O'Reilly seconded the motion. Councilmember Sime made a motion to defer the Heritage Day Celebration discussion. The motion was seconded by Councilmember Han and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Han and Sime voting Yes. Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting No. The motion to zero out the Heritage Day Celebration line item was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Han and Sime voting No. Councilmember O'Reilly made a motion to delete the Advertising line item. The motion died for lack of a second. Councilmember O'Reilly made a motion to delete the Vehicle Expense line item. The motion died for lack of a second. - Councilmember O'Reilly made a motion to delete the entire Recreation Department. The motion died for lack of a second. Councilmember Sime made a motion to take the resolution off the table. The motion was seconded by Councilmember Han and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers O'Reilly and Padovan voting No. The resolution was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Sime Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers O'Reilly and Padovan voting No. Mayor Festa made an amending motion to move the difference from the legal reserve into the budget and to come back with a new budget reflecting the changes made. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The ordinance as amended was approved on first reading by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 5of6 Counciimembers O'Reilly a d',Padbv is vatiixgNoIsThe Clerk announced the second reading of the ordinance for September 15, 1998. REPORTS AND RECOMMENDATIONS. The following items were discussed: liage Clerk. The Clerk respectfully requested to hold the Council meeting of labember 10, 1998 on November 17, 1998 in order to have the installation ceremony for the,newly elected Mayor and Conncilrrrembers.-on November 10, 1998. It was the oansensflfCouncil to approte the request. Village Manager. The following item was provided for information: q+ nnual- status report for the reportingperiod of September 16,1997 to. September 18, b998,ffor e` Miarni',Seacjiiariufii Village Florida Quality Development from Arthur H. Hertz, Chairman of the Board and CEO. 8. OTHER DUSINESSIOE +'RAL DISCUSSTONr 'iC3ouaicr niember,0'Reilly announced that he will be unable to attend the,Special°Cowl. bet 'ofOetober;27,1998. 9. SCHEDULE OF FUTURE MEETINGSIEVEN S: A -schedule of future meetings and events was presented to the Council and the public. 10. ADJOURNMENT: The meeting was adjourned at 10:55 p.m. ally submitted: oudata ;H. Alvarez Village Clerk Approved this 15th day of September ,199 • oh F.;Festa ayor IFA.PERSON DECIDES TOAPPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A. MEETING OR HEARING, THAT PERSON 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: 6of6 MINUTES SPECIAL VILLAGE COUNCIL MEETING (SECOND BUDGET HEARING) TUESDAY, SEPTEMBER 15, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR i CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to orderby the Mayor at 7:05 p.m. Present were Counci'members Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The Clerk offered technical corrections to the minutes of the meeting of September 8, 1998. The corrected minutes of the Special Council Meeting (First Budget Hearing) of September 8, 1998 were approved by unanimous consent. AGENDA: There were no changes made to the agenda. BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLD 1ION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1,1998 THROUGH SEPTEMBER 30, 1999 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. 1 of 6 September 15, 1998 Vice Mayor Fried made a motion to approve the resolution. 'The motion Councilmember Han. Mayor Festa made a motion to table the resolution. The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: Councilrnernbers Broueek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. ORDINANCES: The Clerk read the following ordinance, on second reading, by title; AN ORDINANCE OF THE VILLAGE OF KEY RISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There: were no speakers present. The Mayor closed the public hearing. Couneilmember Padovan made a motion to adopt Mayor Fried. The Village Manager addressed the Council regarding this ordinance. Councilmember O'Reilly made a motion to increase the revenue side of the budget by $320,000. The motion was seconded by Mayor Festa and failed by a 1-6 roll call vote. The vote was as follows, Councilmember O'Reilly,voting,Yes:, Counciltnembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No. Mayor B:esta made a motion to reduce the Capital budget by $84,000. The motion was seconded by Councilmember Padovan. Councilmember O'Reilly made an amending- motion to reduce the Capital budget by $140,000. The motion died for lack of a second. ce. The motion was seconded by Vice The motion to reduce the Capital budget by $84,000 failed by a 3-4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Couneilmembers Broucek, Han, Simeand Vice Mayor Friedvoting No. Mayor Festa made a motion to reduce the Underground Wiring in the Capital budget by $75,000. The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote. The vote as seconded by 2 of 6 September 15, 1998 was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting No. Councilmember Padovan made a motion to reduce the Fernwood Landscaping by $44,750 and transfer that amount to the contingency in the Capital Improvement Fund. The motion was seconded by Councilmember O'Reilly and approved by a 6-1 roll call. The vote was as follows:' Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Councilmember Broucek made a motion to reduce the West Mashta sidewalks line item and transfer that amount to contingency in the Capital Improvement Fund. Councilmember Broucek withdrew her motion. Mayor Festa made a motion to reduce the East Enid Drive improvements to $428,000. The motion was seconded by Councilmember Padovan and failed by a 2-5 roll call vote. The vote was as follows: Councilmember Padovan and Mayor Festa voting Yes: Councilmembers Broucek, Han, O'Reilly, Sime and Vice Mayor Fried voting No. Councilmember Padovan made a motion to increase the bus shelter line item to $48,000: The motion was seconded by Councilmember Broucek. Councilmember Padovan withdrew her motion. Ed Meyer, 100 Sunrise Drive addressed the Council: Councilmember O'Reilly made a motion to, delete the housing allowances:' The motion was serondedby Councimmember Padovan. Councilmember O'Reilly withdrew his motion. Councilmember O'Reilly made a motion to reduce the legal fees in the Attorney's budget by $45,000. The motion died for lack of a second: Mayor Festa made a motion to adjust the Building, Planning and Zoning Department reducing it by $12,000 in the payroll benefits line items. The motion was seconded by Councilmember Broucek and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes: Councilmembers Han and Snne voting No. Mayor Festa made a motion to reduce .$ 10,000' in the Master Plan line item. The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting No. 3 of 6 layorFesta made a.motion not to hirea fourth Pollee lie seconded by Councilruember Padovan. enant for s fiscal year. The: motion was Comm lrnember O'Reilly made a motion todelete '$ 33,00 Department. The motion died for lack of a second. Chief =of Police Flaherty addressed the Council regarding this issue.,. Councilrrlember It made, an amending motion to reduce the Police Department's budget (Police I,ieutenant)-_by,$30,000; The motion was seconded by'Councilmember Sime and approved by a 5-2 roll call vote The -vote was as follow& Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa Voting Yes. Councilmembers O'Reilly and Padovan voting No. d Zoning The Cout voting Yes. as approved by utf;7 O.rats aall voter The vote was as follows: G. f Scilly, Padavan; .Butte; Vice Mayor Fried and Mayor Festa Councihember Han made a motion to increase the crossing guard line item in the Police Depattment',s.budget by $31;000. The motion was secondedby Councihnember Padovan. Mayor Festa made an amending motion to increase the crossing guard line item by $15,000. The motion was -seconded by Councilmember O'Reilly and famed by a 2-5 roll Call vote. The vote was as follows: Counc'ilxnember O'Reilly and Mayor Festa voting Yes. Council:lu mbers Broucek, Han, Padovan. Sime and Vice,Mayor Friedvoting No, The motion to increase by $31,000 the crossing guard line item in the Police Department's budget as approved by a 4-3 roll call vote. The vote was as follows: Councilrnembers Han; Padovan, Sime and. Vice;MayorFried voting Yes; Councihnernbers Broucek, O'Reilly and Mayor Festa voting No. Ed Meyex, 100 Sunrise Drive addressed the Co laypr Festa made ,a, motion; to reduce the Public Work's budget by $12,000un the payroll benefit 'terns. The motion was seconded by Councthnember O'Reilly and approved by a 5-2 roll call vote The vote was as follows: Councilmembers BIoueek, O'Reilly, Padovan, Vice Mayor Fried and ?Mayor Festa voting Yes. Councilmembers Han and,Sime voting No. Cpun nember D1Reilly male a motiortto delete the $5,090 „car allowance line item in the Public Works Department. The motion was seconded by Mayor Festa, and approved =by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 4 of 6 September 15, 1998 Councilmember Han made a motion to create a new line item in the Public` Works Department budget called vehicle maintenance intheamount of $2,,000. The motion was seconded by Councilmember Sime and approved by a 4-3 roll call vote: The vote was as follows: Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. Councilmember Padovan made a motion to reduce the Engineering line item in the Public Works Department budget by $10,000. The motion was seconded by Mayor Festa and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly was out of the chamber at the time the vote was taken. The Attorney addressed the Council regarding the Recreation Department Councilmember Sime made a motion to correct the Recreation Department's budget by zeroing out the Heritage Day line item and place $10,000 in the Lighthouse Run line item. The motion was seconded by Councilmember Broucek and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Ed Meyer, 100 Sunrise Drive addressed the Council. Councilmember Padovan made a motionto reduce the Building, Zoning and Planning Department's training and education line item by $5,000. The motion was seconded` by Councilmember O'Reilly and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes: Councilmembers Han and Sime voting No. The Manager addressed the. Council regarding his recommendation for the following staff 1999 up- grades/classification. Councilmember Sime made a motion to increase the Assistant to the Manager's salary by $7,500. The motion was seconded by Councilmember Broucek and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers O'Reilly and Padovan voting No. Councilmember Han made a motion to increase the Administrative Assistant to the Manager's salary by $1,447.'' The motion was seconded by Vice Mayor Fried and approved by a 4-3 roll call vote. 'The vote was as follows: Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voting No. 5of6 September 15, 1998 Vice.MayorFried made a motion to increase the Sport Coordinator's salary by $2,550:. The motion was seconded by Councilmember Han and approved by a 4-3 roll call vote. The vote wasas follows: Councilmembers,Braucek, Ilan, Sime and Vice Mayor Fried voting Yes. Councilmembers,Q'Reilly, Padovan and Mayor Festa voting Na. Councilmember Sime made a motion to increase the Manager's salary by $11,030. The motion was seconded by Vice Mawr fried and approved by, a 4-3 roll call.vote. ,The vote was as follows: Couneilmembers.Broticek, Han, Sinxeand Vice Mayor Fried voting Yes. Couneiimembers.O'Reilly, Padovan and Mayor Festa voting No. ayor Fried made a motion to increase the Fire Chiefs salary to $95,730. The motion was 1 by Counciltnember Broucek and approved by a 4-3 rollcall vote. The vote was as follows: ouneilmembers Broucek, Han, Sime.a dViceMayorFriedyoting Yes. ,Councilmembers O'Reilly, Padovan and Mayor Festa voting No uncilmember`Flan,made a notion to. transfer $10,000 current budget surplus to contingency. The motion wasseconded,by Couemeanber Sine and failed by a 3-4 roll call vote. Councilmember Han, Sime and,Vile Mayor Fried voting Yes. CouncilmembersBroucek, O'Reilly, Padovan and Mayor Festa voting No. Councilmember Broucek made a motion to transfer ,$10,000 current budget surplus to capital improvement. The motion was seconded by Councilmember Sime and approved by a 4-3 roll call to. The vote was as follows: ,Councimembers Broucek, Han, Sine and. Vice,Mayor Fried voting Yes. Counciimembers O'Reilly, Padovan and Mayor Festa voting: No. ae:consensus of Council to take the resolution off the table. The resolution was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes. Cauncilmembers O'Reilly, Padovan and Mayor Festa voting No. The ordinance as amended was approved by a 4-3 roll call vote. The vote was as follows: Cotmcilmembers Broueek, Han, Sime and Vice Mayor Fried voting Yes. Councilmernbers O'Reilly, Padovan and Mayor Festa voting No. 7. REPORTS ANI) RECOMMENDATIONS. The following items were discussed: Village Manager The Manager presented to Council a proposed letter to Village residents from Council regarding opposition to Seaquarium's Village. It was the consensus of Council not to send the letter at this time. 6of6 0 September 15, 1998 OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 10. ADJOURNMENT: The meeting was adjourned at 10:16 p.m. Respe ally submitted: Conchita H. Alvarez, Village Clerk Approved this 13th day of October ,19 CORN n F. Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEEDARECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAYNEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THh TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 7 of 6 MINUTES SIDEWALKS WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 6, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meetirrg was called to order by the Mayor at 7:30 p.m. Present were Councilmembers Martha Broucek, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmembers Gregory Han and Hugh O'Reilly were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney John R. Herin, Jr. The Mayor addressed the Council and public indicating that the purpose of this workshop is to provide information regarding the sidewalks project and for residents to express their concerns or questions they might have regarding the project. Raul Lastra, OBM Miami and Andy Kaeer, Williams Hatfield & Stoner addressed the Council and the public regarding the project. Chief of Police Michael J. Flaherty addressed the Council regarding traffic on these streets. The following residents addressed the Council: Dr. Michael Kelly, 310 Palmwood Lane; Katherine Slavens, 301 Pahnwood Lane; John P. Rosser, 300 Redwood Lane; Charles Bailey, 338 West Heather Drive; Dorothea Bailey, 338 West Heather Drive; Susan Krupnick, Key Biscayne; Jim Asher, 381 West Heather Drive; H. Groschel-Becker, 290 West Mashta; Espy Briscoe, 475 Glenridge Road; Tim Stickney, 285 Woodcrest Road; Kim Reyes, 355 Redwood Lane; Michelle Barnett, 355 West Wood Drive; Juan and Maria Santaella, 360 West Heather Drive; Adolfo and Alicia Malave, 315 West Heather Drive; Jack Macia, 380 Glemidge Road; Wendy Johannsen, 212 West Mashta; Jan Dillon 350 West Heather Lane; John Purcell, 350 West Heather Lane; Jim Taintor, 355 Harbor Drive; Tom Mullin, 275 West Heather Drive; Linda Davitian, 720 Myrtlewood Lane; Bill Ofgant, via E-mail; Michael Kahn, 881 Ocean Drive; Ileana Iglesias, 325 West Heather Drive ; Joanna Wragg, 361 Redwood'; Lane; Julio Ramirez, West Heather; Otis Wragg, 361 Redwood Lane Gino Marin, 252 West Wood Drive. 1 of 2 October 6, 1998 There being no further business, the meeting was adjourned at 10:25p.m. Resp ully submitted; (e%. Conehita H. Alvarez, Village Clerk Approved this I3th, day of October ,199.8: F. Festa yor IFA PERSON DECIDES TO APPEAL ,I NYDECISJONMADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS WIDE, WHIICII RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2of2 MINUTES VILLAGE COUNCIL MEETING TUESDAY, OCTOBER 13, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREE 1, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present. were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: Attorney Weiss gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the Special Council Meeting (Second Budget Hearing) of September 15, 1998 and the minutes of the Sidewalks Workshop of October 6, 1998 were approved by unanimous consent. 5. AGENDA: Councihmember Sime requested the addition of a clarification of Village surplus as Item 11A10 and COLA compensation for Village Clerk as Item 11A11; Councilmember Han requested to withdraw Item 11A8. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Councilmember Sime introduced Bill Silver, candidate for State Representative District 107. Candidate Silver briefly addressed the Council and the public. 1of11 October 13, 1998 7. PUBLIC COMMENTS: The following resident addressed the Council: Ed Meyer, 100 Sunrise. Drive. The Manager addressed the Council regarding Ordinance 97-1. It was the consensus of Council to direct the Attorney to bring some guidance to the Council as to how this ordinance should be applied. Councilmember O' -Reilly requested the addition of a discussion regarding a further request of the Attorney with regards to the use of Village surplus as Item 11A10 in conjunction with Councilmember Sime's request. At this time eouncilmember Padovan requested to hear Item 11AI after the Zoning Hearing. There was no objection to the request. 8. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Clerk: Hearing Number 98 -0922 -VC -01. Curt Bergfors, 660 South Mashta Drive, pursuant to Sections 30- 53.1, 30-56, & 30-63 of the Key Biscayne Code, the applicant is applying for the following: 1) A non-use variance ofrear-zone lot elevation requirement to permit a lot elevation of eight -foot -four - inch N.C.U.D. (8'-4 ") fortbe proposed swimming pool and the deck in rear of the property (MAX. D-6" N,G.V.D. ,allowed); 2) A non-use variance of lot coverage requirement to permit a lot coverage of 52% (max. 35% & 5% with :any porch allowed); 3) A non-use variance of pervious area requirement: to permit a pep/ionsarea of 21% (min. 30% required); 4) A non-use variance of interior side setback requirement to permit a seven -point -eight -seven -foot (7;87') interior side setback from the existingresrdenceto the sou terly property fine (min. 15' required); 5) A non- use variance of interior side setback requirement to permit an eleven -foot (11') interior side setback from the existing residence to the northwesterly property Line (min. 12' previously approved); 6) A non-use variance affront setback requirement to permit a twenty -one -point -six -five-foot (21..65') front setback from the rexisting residence to the northeasterly property line (min. 25' -required); 7) A non-use variance of side setback requirement to permit a -zero -foot (0'-0") side setback from the existing concrete dock to the northwesterly property line (min. 10' required); 8) A non-use variance of interior side setback inurement to permit seven -point -eight -seven -foot (7.87') and ten- pomtseven-five-foot (1035') interior side setbacks' from the proposed swimming pool deck to the southeasterly and northwesterly property hneS (min. 15' required). Ind Kurlaneheek, Director of Building, Zoning and Planning addressed the Council stating his • recommendation of approval of variance requests 1-7 and denial of number 8, subject to the following conditions: 1) All of the work which was constructed after the residence was built shall be inspected by Village Staff and brought into compliance with the South Florida Building Code that 2of11 October 13, 1998 existed during the time the work was completed; 2) Subsequent improvements to the property shall comply with the Village's zoning requirements; 3.) The satellite dish shall be removed. The building permit plans to renovate the house shall include this requirement; 4.) A covenant running with the land reciting the action taken by the Village Council shall be recorded in the public records of Miami -Dade County. The covenant shall be reviewed by the Village Attorney prior to the recording. A copy of the recorded document shall be submitted to the Building, Zoning, and Planning Department prior to the issuance of any building permits. Councilmembers Broucek and Padovan disclosed that they had visited the site. The Attorney addressed the Council regarding this request. The Mayor opened the public hearing. Ralph Choeff, 17850 West Dixie Highway, Second Floor, North Miami Beach, architect representing the applicant; William McCaughn, 511 S. Mashta Drive, President of the Mashta Island Association; Max Puyanic, 480 S. Mashta Drive, addressed the Council. A letter from Mr. Juan Couret, Director, Solo Farms Inc., 700 S. Mashta Drive was received objecting to all the variances requested by the applicant. The Mayor closed the public hearing. There was extensive discussion from Council regarding this request. Councilmember Han made a motion to accept requests 2 and 3 and deny the remainder. The motion was seconded by Councilmember O'Reilly. Councilmember O'Reilly made an amending motion to approve requests 1 thru 4 and denial of requests 5 thru 8, subject to staff's recommendations. The motion was seconded by Mayor Festa and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek, Han and Padovan voting No. Mayor Festa made an amending motion to amend staff's recommendation by -deleting 2 and amending :1 to include that the owner should supply to the Village a report by a certified engineer stating that all existing construction conforms with the South Florida Building Code existing at the time it was built. Councilmember O'Reilly seconded the motion and it was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek and Padovan voting No. Architect Choeff stated that the owner has agreed to remove the satellite dish. The request as amended was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek, Han and Padovan voting No. 3of11 October 13, 1998 At this time Item 11A1 was heard. Chief of Police, Michael J. Flaherty addressed the. Council regarding the parking situation around Key Biscayne Elementary School, was the consensusof Council that the Manager contact Pete Hernandez, Miami -Dade County Public Works or the County Manager regarding this issue. Festamade a motion to extend the No Parking signs (during school hours) to W. Enid, W. e, Woodcrest, Ridgewood and Crlenridge going North. The motion was seconded by 3ember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Counerlmembers'Hroucek, Han, O'Reilly, Padovan, Sine, Vice Mayor Fried and Mayor Festa voting Yes. Vera Skuhersky, 205 W. Enid Drive addressed the Council. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING. $6,250,000 OF STORMWATER UTILITY REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THEDETAILS OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. The Attorney and the Manager addressed the Council regarding this ordinance. The Mayor opened the public he the public hearing. ere were no speakers present. The Mayor closed Mayor Festa made a motion to adopt the ordinance on first reading not exceeding $7.2 million. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes.' The Clerk announced the second reading of the ordinance for the meeting of October 27, 1998. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE CREATION OF FUND AND BUDGET AMENDMENT FOR THE SANITARY SEWER IMPROVEIVIENT FUND AS A FUND WITHIN THE: ENTERPRISE FUNDSPROVIDED BY THE ANNUAL BUDGETS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 0 0 4of11 October 13, 1998 The Manager addressed the Council regarding this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Sime made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Han. Mayor Festa made an amending motion to strike "as a fund within the enterprise fund". The motion was seconded by Councilmember Padovan and failed by 3-4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han, Sane and Vice Mayor Fried voting No. The ordinance was approved by,a 5-2 roll call vote. The vote was as follows: Councilmembers Broueek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Councilmember Padovan and Mayor Festa voting No. The Clerk announced the second reading of the ordinance for the meeting of October 27, 1998. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE V "BUSINESS USE REGULATIONS" CONSISTING OF SECTION 30-100 "OUTDOOR DINING FACILITY REGULATIONS", TO PROVIDE REGULATIONS CONCERNING OUTDOOR DINING FACILITIES AT RESTAURANTS WITHIN THE VILLAGE; PROVIDING FOR MODIFICATION OF APPLICABILITY OF THE REGULATION OF OUTDOOR DINING FACILITIES AS UNUSUAL USES UNDER MIAMI-DADE COUNTY ZONINGCODE WITHIN THE VILLAGE; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR -REPEAL OF INTERIM ENFORCEMENT POLICY; PROVIDING FOR EFFECTIVE Director Kurlancheek addressed the Council regarding this ordinance. The Mayor opened the public hearing. Pamela Kirkpatrick, Key Biscayne Chamber of Commerce addressed the Council. The Mayor closed the public hearing. Vice Mayor Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Padovan and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan Sime, Vice Mayor Fried and Mayor Festa 5of11 October 13, 1998 voting Yes. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF 1997-1998 FISCAL YEAR BUDGET BY THE TRANSFER OF VILLAGE FUNDS FROM THE STORMWATER UTILITY FUND AND FROM THE FACILITIES RESERVE OF THE, CAPITAL IMPROVEMENT FUND TO PROVIDE FOR THE EAST ENID IMUVE IMPROVEMENT PROJECT; AND PROVIDING FOR THE REPLACEMENTLBY THE GENERAL FUND OF SUCH TRANSFERRED FACILITIES RESERVE FUNDS IN THE 1999-2000 AND 2000-20001 FISCAL YEAR BUDGETS;. ;PROVIDING FOR SEE.RABILITY; PROVIDING FOR EFFECTIVE DATE The Manager addressed the Council regarding this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing, Councilmember Stine made a motion to adopt the ordinance onsecond reading deleting "the facilities reserve" throughout the ordinance and substituting $430,000 instead of $488,000 from the Capital Improvement Fund. The motion was seconded by Vice Mayor Fried. Couneilmember O'Reilly made an amending motion to delete the second sentence in Section 2. The motion was seconded by Padovan and failed by a 3-4 roll call vote. The vote was as follo=ws Couneinenbers„ O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broueek, Han Slane and Vice Mayor Fried voting No. The ordinance as amended was approved by a 7-0 roll call vote. The vote was as follows: Couneiilrnembers Broucck, Han, O'Reilly, Padovan, Sine, Vice Mayor Fried and Mayor Festa voting Yes. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING THE SOUTH FLORIDA MILITARY MUSEUM AND MEMORIAL PROJECT AT THE RICHMOND NAVAL AIR STATION IN MIAMI-DADE COUNTY, FLORIDA. Couneih:nember Broueek made a motion to approve the resolution. The motion was seconded by Couneilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows:: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 6of11 October 13, 1998 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CHANGE ORDER NUMBERS 1-4 FOR THE WEST MASHTA BRIDGE CONSTRUCTION PROJECT; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Councilmember Padovan made a motion to approve the resolution. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH than, MIAMI, INC. (SERVICES FOR THE PROPOSED FIRE STATION); PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Councilmember Sime and approved by a 6-1 voice vote, The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Padovan voting No. The Clerk read the following resolution by title: A'RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING THE ACQUISITION OF A CERTAIN 2.0002+ ACRE PARCEL OF PROPERTY IMPROVED BY A PARKING LOT LOCATED AT THE EAST SIDE OF OCEAN DRIVE NORTH OF THEORETICAL EAST ENID DRIVE, IN THE VILLAGE OF KEY BISCAYNE, FLORIDA, TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS; AND AUTHORIZE THE FILING OF EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR EFFECTIVE DATE. The Attorney addressed the Council regarding this resolution. 7of11 October 13, 1998 The Clerk read the. following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CHANGE ORDER NUMBERS 1-4 FOR THE WEST MAASHTA BRIDGE CONSTRUCTION PROJECT; PROVIDING FOR AN EFFECTIVE DATE. :The Manager addressed the Council regarding this resolution. Councilmember Padovan made a motion to approve the resolution, The motion was seconded by Councilmember Sine and approved by a 7-0 voice vote. The votewas as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH O.B.M., MIAMI, INC. (SERVICES' FOR THE PROPOSED FIRE STATION); PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Couneilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Councilmember Sune and approved by a 64 voice vote. The vote was as follows Councilmembers Broueek, Han, O'Reilly, Sitine, Vice Mayor Fried and Mayor Festa voting.Yes. Councilmember Padovan voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING THE ACQUISITION OF A CERTAIN 2.0002± ACRE PARCEL OF PROPERTY IMPROVED BY A PARKING LOT LOCATED AT THE EAST SIDE OF OCEAN DRIVE NORTH OF THEORETICAL EAST ENID DRIVE, IN THE VILLAGE OF KEY BISCAYNE, FLORIDA, TO BE A PUBLIC NECESSITY, AUTHORIZING 1'HL EMPLOYMENT OF APPRAISERS; AND AUTHORIZE THE FILING OF EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR EFFECTIVE DATE. The Attorney addressed the Council regarding this resolution. 7of1I 0 October 13, 1998 Mayor Festa made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Festa requested a discussion of employee benefits: covered FLSA employees - pay hours exceeding 35 per week. Modification of maximum comp hours that can be earned for each employee (240hours). The Attorney and the Manager addressed the Council regarding this issue. Mayor Festa made a motion to compensate all employees for hours worked in excess of 35 and less than 40 in a workweek at straight time or comp time. The motion was seconded by Councilmember Padovan and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting No. Councilmember Broucek asked the Manager how this would cover if a certain employee had accumulated hours from the past. The Manager stated that if there is any doubt, the benefit was extended to the employee in order to satisfy any outstanding time. Mayor Festa made a motion to require an employee who receives Village training at their request to reimburse the Village for associated costs with the training should they leave within one year after obtaining such training. The motion was seconded by Councilmember Padovan and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Han, Sime and Vice Mayor Fried voting No. At this time the Manager's report was heard. Village Manager. The Manager addressed the Council regarding the 1999 Budget sponsorships: 21st Anneal Lighthouse Walk and Run and the 35th Annual Key Biscayne Art Festival. Councilmember Broucek made a motion to approve both sponsorships. The motion was seconded by Councilmember Sime. Councilmember Padovan made an amending motion to delete requests #4, 6 and 8 from the Key Biscayne Art Festival request. The motion died for lack of a second. The Attorney addressed the Council regarding these activities of the Recreation Department. 8ofll October 13, 1998 Mayor Festa made an amending motion to remove the advertising cost from the Key Biscayne Art Festival sponsorship. The motion was seconded by Councilinember O'Reilly and approved by a 6-1 voice vote. The vote wasas follows: Councilmembers Broueek, Han, O'Reilly, Padovan, Vice: Mayor Fried and Mayor Festa voting Yes. Councilmember Sime voting No. Gerald J. Williams, Chairman Art Festival Committee; Bob Brooks, 95 West McIntyre, representing the Rotary Club Foundation addressed the Council Councilmember O'Reilly made an amending motion to remove the advertising cost from the Lighthouse Run. The motion was seconded by Couneilmember Padovan, Councilmember O'Reilly withdrew his motion Councilmember Bra/welt made a motion to reconsider the Key Biscayne Art Festival. The motion was seconded by Councilmember Sune andapproved by a 5-2 voice vote. The vote was as follows: Councilmembers Bmucek, Han, Padovan, Sime and Vice Mayor Fried voting Yes. Councilmember O'Reilly and Mayor Festa voting No: Councilmember Broueek made a motion to reconsider the amendment to the Key Biscayne Art Festival supporting the budget as presented. The motion was seconded by Councilmember Sime and approvedbya 4-3 voice vote. The vote was as follows: Councihnembers Broueek, Han, Sime and Vice Mayor Eriedvoting Yes. Councilme/nber O'Reilly, Padovan and Mayor Festa voting No. Councilmember Broueek made a motion to approve the sponsorships as presented. Councilmember Sime seconded the motion and it was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broueek, Han, Padovan, Sime and Vice Mayor Fried voting Yes. Councilmember O'Reilly and Mayor Festa voting No. The Manager presented to the Council requests for traffic calming for East Heather and Island Drives. Sixto Campano, 395 Gulf Road and Ernesto Alvarez, 261 Island Drive addressed the Council. It was the consensus of Council that the Manager and residents contact the Sonesta Hotel and ask them how they could improve the traffic situation to the Hotel on East Heather Drive. Councihnember Padovan made a motion instructing the Manager and the Chief of Police to bring back options to Council for temporary devices to slow down traffic. The motion was seconded by Councilmember Broueek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broueek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa. 9:of11 October 13, 1998 Councilmember Sime made a motion to direct a master plan for traffic calming based upon safety statistics from the Chief of Police. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa. The Manager presented to the Council a Village Green improvement: Gazebo/Bandstand and perimeter,feature. Councilmember Sime made a motion authorizing the Manager to secure an architect rendition of the bandstand/gazebo. Councilmember Han seconded the motion and it was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. Councilmember Broucek made a motion to extend the meeting for 10 minutes. The motion was seconded by Mayor Festa and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Padovan and Sime voting No. Councilmember Fried made a motion authorizing the. Manager to explore the cost of a water aerator for the Lake Park. The motion was seconded by Councilmember Han and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Councilmember Sime made a motion to include an agenda item regarding the West Heather Drive and Westwood Drive sidewalks and traffic calming at the next Council meeting. The motion was seconded by Vice Mayor Fried. James Asher, 381 West Heather Drive addressed the Council. Village Clerk. The Office of the Mayor issued the following proclamation during the month of October: National Epilepsy Awareness Month. The following items were submitted for information: letter to Mayor and Members of the Village Council from William J. Hodgson regarding the Memorial to American Veterans on the Village Green, dated September 30, 1998; Memorandum to Mayor and Members of the Village Council regarding the attendance of the Clerk to the Municipal Clerks Certification Institute in Clearwater, Florida, November 1-6, 1998. 10 of II October 13, 1998 The following items were provided for information: the monthly departmental reports (September); the September monthly report for the Key Biscayne Chamber of Commerce; Memorandum to Village Council from Village Manager regarding the ICMA 84th Annual Conference, Orlando, Florida, October 23 - 29, 1998; Tuition reimbursement program; Yes on 10 Newsletter from the Florida League of Cities regarding the Constitution Revision; Memorandum to Village Council from Village Manager regarding "Make a Difference Day" in Key Biscayne, dated October 7, 1998; letter to Jack Peeples,. Esquire from James T. Howell, MJ) , M.P.H., Secretary, Florida Department of HIealthregarding sewer system expansion, dated September24, 1998; letter to Village Manager from anley P. Ord uan:ski, Jr., Assistant Director, Public Works Department, Miami -Dade County, regarding Bickenbacker Causeway, died September 11, 1998. 11 OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE IVIEETINGS/EVENTS: A schedule of future meetings and events was,presenteed to the, Council and the public. 14. 8➢,JOURIW VI 'rNT: The meeting was adjourned at 11:15 p.m. 4131 H, Alvarez, Village Clerk Approved this 27th: day of October ,1998: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEEDA RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THATA VERBATIMRECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 11 ofll MINUTES SPECIAL VILLAGE COUNCIL MEETING TUESDAY, OCTOBER 27,1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Couneilmembers Martha Broucek, Gregory Han, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Councilmember Hugh O'Reilly, was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Padovan offered technical corrections to the minutes. The corrected minutes of the Council Meeting of October 13, 1998 were approved by unanimous consent. ` 5. AGENDA: Councilmember Sime requested the addition of Island Drive. to Item 11A8; Mayor Festa requested to hear Items11A1 and 11A8 after the zoning hearings and to remove Item 11D I from the consent agenda; the Manager requested the withdrawal of Item 7C; Councilmember Padovan requested the addition of a letter to the City of Miami regarding Virginia Key as Item 11A9. There were no objections to the agenda changes. CONSENT AGENDA: The following consent agenda was approved by unanimous consent 1 of 9 October 27, 1998 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING ADDENDUM/11 TO THE LONG RANGE BEACH NOURISHMENT PLAN, VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. GERTJN'ICATION OF OCTOBER 1,1998 PRIMARY ET ECTION RESULTS 7. SPECIAL, PRESENTATIONS: Chief of Fire Rescue, John C. Gilbert, presented to the Council and the community of rceey Biscayne a plaque awarding accreditation status to the Fire Department. The Mayor, on behalf of the Village Council, presented checks to the following 1998 participants of the Employee Training and Development P ogram: Michael Bain, Ana de Varona, Carolyn Greaves, Fire Lieutenant Jose Marti and Police Officer ldalberto Tones. The Mayor, on behalf of the Village Council, presented a Proclamation to Mr. Robert L. Brookes r his dedication to this coinin Whit,. Mr. Brookes briefly addressed the Council and the 8. ` BIUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were si+ora in by the Clerk Hearing Number 98 -1027 -VC -Ai. The Key Biscayne Ocean Club Limited Partnership, 755 Crandon Boulevard, the applicant, is requesting find site planapproval for the proposed Lake Tower Project that was part of the previously, approved "The Oreau Club, Master Plan" (Resolution No. Z -1O-95) Jud Kurlancbeek,'Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval with the following' conditions: 1. Approve the attached Lake Tower Site Plan with 75`3unitsin place -of the 66 units that was part of e original Ocean Club Master Plan; 2. "-;Consider Freinaving the requirement kthat'the emergency access'gate to Seaview Drive be ma naMedd and 3. That the maximum number offnitsiiri-the entire Ocean Club Project remain capped '83 2. The Mayor opened the public hearing. John Hnson,.the applicant, 755 Crandon Boulevard; Michael Kan, 881 Ocean Drive, Camille Guetl:Y ; 260 Seacliew Drive. The Mayor closed the public hearing. 2of9 October 27, 1998 Councilrnember Padovan made a motion to approve the request with sta'ff's recommendations one and three. The motion was seconded by Vice Mayor Fried and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Sime excused herself due to conflict of interest: Hearing Number 98 -1027 -VC -02. Grand Bay Tower Associates; 455 Crandon Boulevard, the applicant, is requesting approval of a modification to a previously approved Administrative Development Tract Plan for Tract B.C. (Condominium Towers No. 1 & 2), "Grand Bay Tower and Resort Key Biscayne" Project (Resolution No. Z-07-94). Director Kurlancheek addressed the Council stating his recommendation of approval. The Mayor opened the public hearing. Al Dodson, 2500 First Union Financial Center, representing` the applicant, addressed the Council. The Mayor closed the public hearing. Councilmember Padovan made a motion to approve the request. The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Hearing Number 98 -1027 -VC -03. Grand Bay Estates Partnership, Key Biscayne, the applicant, is requesting final plat approval for the Grand Bay Villas Phase II for 21 single lots. Director Kurlancheek addressed the Council stating his recommendation of approval subject to the following conditions: 1. No building permit shall be issued until the Director of Building, Zoning and Planning Department approves the lighting plan and street signage and 2. The open space requirements (setbacks, lot coverage, open space, or landscaping) as set forth in the Dade County .Zoning Code (Section 33-284.27) be met without the benefit of any variances. The Attorney addressed the Council regarding this application. The Mayor opened the public hearing. Carter McDowell, 2500 First Union Financial Center, representing the applicant; Marlene Garcia, 1001 Brickell Bay Drive, representing the Grand Bay Villas Homeowners Association, opposing the request; Jose Luis 'Janes, developer of Grand Bay Villas, opposing the request addressed the Council. The Mayor closed the public hearing. Councilmember Han made amotion to approve the request with staff's recommendations. The motion was seconded by Vice Mayor Fried and approved by a 6-0 roll call vote. The vote was as follows_ Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 3of9 October 27, 3998 At this time Item ,1 IAl sidewalks. for West Heather and West Wood Drives and West traffic 'calming was heard. eather Drive ;Councilniember Han madea motion to approve sidewalks: on both sides of West Heather Drive and sst "Wood Drive from Fanwood Drive to Harbor Drive; to authorize the Village Manager to e construction ,of sidewalks oneboth sidessaf West Wood"and^ traffic calming n 11:contahianoaptionto'ronstructsid&.walks an West Heather and traffic od ataIater date upon approvalaf<tne next Council, The motion Was seconded by Councilnzember Sirne, t nef of Police. Michael"3, Flaherty:ad ssed the traffic on West Heather Drive. Vice;MayorLH,eedpiade an.amending mat/onto add si' motion was seconded by Councilmember Sirne. led a video reflecting one side of West Heather Drive. The ade,anamending motion to make West Heather a one way street running red for 'flackof a second: .;Councilrnernber Padovan made antanendingfmotion to have thesouth side of the road paved 3' or 4' and install rotmd orange. cylinder :devices letting the vehicle traffic know that that is a safety pedestrian walkway. The motion died for lack of a second. made; an amending Motion to install sidewalks on the south side of West batherr. The motion yeas seconded by Vice, Mayor Friel_ fayor `Vestamade 44noti:on,to defer the sidewalks motion,to the Council Meeting of December 8, 1998. The motion Was seconded•by Counciimember Padovan and failed by a 3-3 roll call vote. The vote was as follows: Councilmentbers. Br"oucek, Padovan and Mayor Festa voting Yes. 'Councilmembers Han, Sime and Vice Mayor, Fried voting No. ed Assan, Head of the Traffic Engineering Section, AndyKacer, *ilHams Hattfield. and Stoner addressed the Council er :Ilan made a motion to reconsider the motion to defer. The motion wasseconded or. Festa-and approved- y a-.6-0 voice vote, The vote was as follows: Councilmembers an; Pado yip, Mayor Fried,and.Mayor Festa voting Yes. e motion to' defer the sidewalks motion to the Council, Meeting of December 8, 1998 was approved by a 5-1 roll call vote. The vote was as follows Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Feste voting Yes. Councilmember Sime voting No. 4 of 9 October 27, 1998 Staff was directed to come back to Council considering all options that have been presented and discuss the advantages and disadvantages of the different options. At this time Councilmember Sime addressed the Council regarding traffic calming requests for East Heather and Island Drives. The Manager addressed the Council regarding these requests. Raul Lastra, O.B.M. Miami, addressed the Council regarding traffic calming devices. Councilmember Sime made amotion to proceed with traffic calming speed tables ($43,000) on Fast Heather Drive. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Bob Oldakowski, 550 Ocean Drive; Ernesto Alvarez, 261 Island Drive addressed the Council. Chief of Police, Michael J. Flaherty addressed the Council regarding temporary devices for traffic calming on Village streets. Councilmember Padovan made a motion instructing staff to report back to Council at the Meeting of December 8, 1998 regarding reeommendations and options to slow down traffic on Island Drive. The motion was seconded by Mayor Festa. Councilmember Han made an amending motion to include North and South Mashta Drive. The motion died for lack of a second. The Padovan motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Siam, Vice Mayor Fred and Mayor Festa voting Yes: . ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7,200,000 OF STORMWATER UTILITY REVENUE BONDS OF THE VII T AGE OF KEY BISCAYNE, FLORIDA PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING FOR APi EFFECTIVE DATE. The Mayor opened the public hearing. Bob Oldakowski, 550 Ocean Drive addressed the Council. The Mayor closed the public hearing. 5of9 October 27, 1998 Council ember Padovan made amotion to adopt the f`seconded by Councilmember Broucek: ayor Festa made an amending motion to refinance over a period of 25 years, The motion was,, seconded by Councilmember Padovan. ance on second reading The motion was Percy R. Aguila, k, Financial Advisor for the Village, addressed the Council regarding this ordinance. Counci'Imember Sane made an amending motion to refinance over a period of 20 years. The motion as seconded by CouncilmenaberHan andapproved a6-0 roll call vote. The vote was as follows:; uncilmembers Broucek, Ran, Padovan, Stine, Vice Mayor Fried and.Mayor•Festa voting Yes. The Ordinance as amended was approved by a 6-0 roll call vote, The vote was as follows: Councitmembers Brow, Han, Padovan, Same, Vice MM+Iaypr Fried and Mayor Fester voting Yes. The Manager ager presented to the Council the East Enid Drive improvement program: awarding of contract to Horizon Construction Inc in the aunt of $607,000 which includes the contract cost of.$587,000 plusda $20,,000 contingency appropr Mayor Festa made a motion to award the East Enid Drive improvement contract to Horizon Construction in?the amount,of $607, 000. The:motion wasrseconded by Cpuncilmember Sime and approved by.a 6-0 voice vote. TH;he vcate s as'fallows: eouncilm embers Broucek, Riau, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. x The clerk read the following ordinance, on secondreading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE CREATION.. OF FUND AND BUDGET AMENDMENT FOR THE SANITARY SEWER IMPROVEMENT FUND AS A FUND,WITHIN THE ENTERPRISE, FUNDS PROVIDED BY THE ANNUAL BUDGETS OF THE! VILLAGE OF KEY BISCAY -NE PROVIDING FOR SEVERABILITYY; PROVIDING. FOR EFFECTIVE me Mayor opened thepubiic hearing. There were no speakers present. The Mayor closed the public. hearing. • Couna e. niber Brpucek made aviation to ,adopt the ordinanceonsecond reading. The motion was seconded by Cotmcilmember Han Mayor Festa made an amending motion to strike "within the enterprise funds.'. The motion was seconded by Councihnember Padovan and failed by a: 2- 4 roll;call vote. The vote was,as follows: Couneilmember Padovan and Mayor Festa voting Yes. Couneihnembers Broucek, Han, Sime and 6 of 9 _ October 27, 1998 ce Mayor Friedvoting No. The 'ordinance was approved by a 4-2 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes. Mayor Festa and Councilmeniber Padovan voting No. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers: Councilmember Sime addressed the Council regarding the report on the Goals and Objectives presented to Council by Lyle Sumek and Associates. The Clerk announced that the candidates for Council had received a copy of the report. Councilmember Broucek stated that she would place this item back on the agenda for discussion after the new Council is elected. Bob Oldakowski, 550 Ocean Drive addressed the Council. Councilmember Sime addressed the Council regarding the Village's opposition to the Seaquarium's Village, Councilmember Padovan presented to the Council a swale violations study findings. The Manager was instructed to send a letter to the homeowners that are in violation of the Village Code informing them that the Code will be enforced. Councilmember Padovanaddressed the Council regarding the residential speed limit. Juan Santaella, 360 West Heather Drive; Don Keller, 555 Crandon Boulevard addressed the Council. Councilmember Padovan addressed the Council regarding the situation at the Rickenbacker Causeway Toll at the time of the residential pass renewal. The Manager was directed to send a letter to the Manager of the Miami -Dade County Public Works Department regarding this issue. Councilmernber Sime addressed the Council and the public regarding a clarification of Village surplus. Councilmember Padovan addressed the Council regarding the fact that Virginia Key beach is closed. The Attorney addressed the Council regarding this issue: Village Attorney. The Attorney presented to the Council a proposed amendment to the zoning code concerning administrative variances:' AN ORDINANCE OF 1 HE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY AMENDING ARTICLE II "AMENDMENT TO ZONING ORDINANCE" BY AMENDING PARAGRAPH (A) OF SECTION 30-24. 7 of 9 October 27, 1998 "ADMINIS'T'RATIVE VARIANCES" BY EXPANDING AUTHORITY TO ADIVIINISTRATIVELY GRANT CERTAIN MINOR SETBACK VARIANCES FOR SETBACK ENCROACHMENTS CAUSED BY ERRORS, IN SURVEYS, AS BUILT DRA NGS OR BY CONSTRUCTION ACTIVITIES;. PROVIDING FOR INCLUSION. IN, THE CODE; PROVIDING FOR EFFECTIVE DAI'E. Director Kurlaneheek addressed the Council regarding this ordinance, The Ordinance,willbetplaced on the agenda, on first reading, for theCouncil meeting of December 8 199& She Alt"rney also .sfoLmel.the { ouneiL,fhat i'pton A trafiie engineer(Seaquarmm) as'of October 15,1998:. orated had been retained as The Attorney addressed the, Council regarding the pending stormwater litigation informing the Council, that. the plaintiff iri this ration fled -a voluntary dismissal of:the claim as tp all of the cities, keeping Miami -Dade County as the only defendant. The attorneys will research their ability to get reimbursement for costs and attorneys fees. Village:eh election. ed, fleation of the resnitc of the Octobe The Office ofthe Mayor issued the .fallowing Proclamation during the month of October; Bible. Week. Village Manager. The following items were provided for information; letter to Charles Danger, P.E., Chief Code Compliance Officer, Miami -Dade County from Leo Llanos, P.E., Chief Building Official, Village of Key Biscayne regarding bus shelters on Key Biscayne, dated October 16, 1998; letter to Village Manager from Village Attorney regarding update of pending stormwater litigation, dated October 16, 1998; :letter to. Village Manager from Lynn Whisenhunt, General Manager, Adelphia, regarding cable programming for Key Biscayne, dated October 14, 1998; letter to Chief John Gilbert fromkTohn R. Calpini, Department ofTnsurance, the State of Florida regarding Village of Key Biscayne Fire Department, dated October 8, 1998; memorandum from Donald H. Warshaw, City Manager, City of Miami, regarding draft minutes from meeting of 9/17/98 Virginia Key Key Biscayne Working Group, dated October 6„ 1998; magazine article from The, Official Journal of Florida Fire & Emergency Service Professionals regarding the Village of Key Biscayne Fire Rescue Department's accreditation, dated October 1998; magazine article from "AFC On Scene regarding the, Village of KT Biscayne Fire Rescue Department's, accreditation, dated October 1998; letter to Jack, Peeples;,Esqui4e.from James TA -Lowell, M.rl;,M.P.H., Secretary, Florida Department of Health regarding the sewebsystem expansion, dated September 24, 1998; letter to Chief John Gilbert from Randy 1t *elm; an, Commission Chairman Commission on Fire Accreditation International regarding the Village of Key Biscayne Fire Department, dated September 22,'1998; Key Biscayne's 8 of 9 October 27, 1998 American Legion Post invitation to Memorial.Dedication on the Village Green, November 11, 1998 at 11:00 a.m.; 1998 adopted millage chart. 12. OTHER BUSINESS/GENERAL DISCUSSION: Councilmember Han addressed the Council regarding the programs offered by Adelphia Cable. The Manager was directed to write a letter to Adelphia Cable and to contact Miami -Dade County regarding the level of service provided to the. Village. Mayor Festa addressed the Council regarding the letter addressed to Mr. Jack Peeples from James T. Howell, M.D., M.P.H., Secretary, Florida Department of Health addressing the planned sewerage system expansion for the Village of Key Biscayne. Councilmernber Padovan addrressed the Council encouraging them to attend the Dade League of Cities monthly meeting which will be held at the Sonesta Beach Hotel on November 5, 1998 at 6:30 p.m. 13.. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 14. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. Respectfully submitted: ddar Conchita H. Alvarez, Village Clerk Approved this 7th day of November ,199 • ©•4 ,„ Ri Joe 1. Rasco Mayor i IFA PERSON DECIDES TO APPEAL ANY DECISIONMADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON 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. 9 of 9 MINUTES SPECIAL VILLAGE COUNCIL MEETING TUESDAY, NOVEMBER 17, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Mortimer Fried and Mayor Joe L Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Weiss: 2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The Mayor, on behalf of the Village Council, presented a check to the following 1998 participant of the Employee Training and Development Program: Police Officer Idalberto Torres: 5: PUBLIC COMMENTS: Francisco de la Camara, 630 Hampton Lane; Cecile Sanchez, 260 Cypress Drive; Ed Meyer, 100 Sunrise Drive; Mabel Miller, 210 Sea View Drive addressed the Council. .6. APPROVAL OF MINUTES: The minutes of the Special Council Meeting of October 27, 998 were approved by unanimous consent. 1 of 6 November 37, 1998 7. AGENDA: Councilmember Broucek requested the addition of an information item regarding the Dade County School Board as Item 13A4 and Councilmember Fein requested the addition of a brief discussion regarding Adelphia Cable service as item 13A5. There were no objections to the agenda changes. 8. CONSENT AGENDA: The following consent agenda was approved by a 7-0 voice vote. The vote was as -follows: Couneilmembers Bass, Broucek, Fein, Han, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Certification of November 3, 1998 Election results and a Proclamation to Norman Roberts. 9. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Clerk_ Hearing Number 98 -1117 -VC -01. Rogerio and, Maria Eugenia Palazio, 796 Woodcrest Road, pursuant to Section 30-53.1 of the Key Biscayne C*de, the applicants are requesting to waive I.47 ft of the required 7.5 ft. north sideyard setback in order to permit the existing family home to have a 6.03 feet setback along said property line. Jud Kurlancheek, Director' of Building, Zoning and Planning addressed the Council stating his recommendation of approval with the following conditions: 1. The shed shall either be removed or placed in a location that is setback 50 ft. From the property line as required by the Village's Zoning Ordinance; 2. The wood fence that encroaches into the West Mashta Drive right of way shall be removed within 30 days or prior to the sales transaction, whichever is earlier; 3. The applicant shall bung the°electrical installation into conformance with the applicable codes, by December 18, 1998 and 4 The resolution shall be recorded in the public records of Miami -Dade County at the applicant's expense. A copy of the proof of recordation shall be submitted to the Building, Zoning and Planning Department within 30 days of the date the resolution is=executed or prior to the sales transaction, whichever is earlier. Antonetta Palazio, the applicant addressed, the Council stating her approval of the recommendations made by the Building, Zoning and Planning Director. Councilmember Fein made motion:ta approve the request as recommended by staff. The motion was seconded by Councilmember Han and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Han, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. 10. VILLAGE CLERK: Pursuant to Section 2.02 of the Village Charter, an election was held for the Vice Mayor's seat. 2of6 0 November 17, 1998 Councilmember Broucek nominated Councilmember Han. The nomination was seconded by Vice Mayor Fried. Councilmember Bass nominated Vice Mayor Fried. Vice Mayor Fried declined. The motion to nominate Councilmember Han to serve as Vice Mayor was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 11. ORDINANCES: There were no ordinances considered by the Council. 12. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL FIRMS TO SUBMIT THEIR QUALIFICATIONS FOR CONSIDERATION AND SELECTION BY THE VILLAGE COUNCIL AS THE ARCHITECT FOR THE DESIGN AND CONSTRUCTION OF A COMMUNITY CENTER. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Vice Mayor Han made an amending motion to delete Section 2. The motion was seconded by Councilmember Fried: Vice Mayor Han withdrew his motion. Camille Guething, 260 Sea View Drive; Mabel Miller, 260 Sea View Drive; Ed Meyer, 100 Sunrise Drive; Pat Weinman, 940 Mariner Drive; Nancy Doke Harrison,: 200 West Mashta Drive addressed the Council. Mayor Rasco made an amending motion to amend Section 2 by having the Council instead of the Village Manager organize the architectural committee. The motion died for lack of a second. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Han, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR AND THE VILLAGE MANAGER TO 3of6 November 17, 1998 INVESTWATE IOW'THE VILLAGE COULD SUPPORT THE RELIEF EFFORTS IN CENTRAL AMERICA AS A RESULT OF THE HUMAN AND PHYSICAL DISASTER CAUSED BY HURRICANE MITCH; PROVIDING FOR AN EFFECTIVE DATE. Councilmember l3rottcekmade a motion to approve the resolution. The motion was seconded by Councilmember Fried'and approved by a 7-0 voice vote: The vote was as follows: Councilmembers Bass, Broucek, Fein, Pried, Oldakowski, Vice Mayor Han„and Mayor Rasco voting Yes. 13. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Broucek addressed the Conned regarding the 1999 Leader's Guide: Part V -Key Biscayne 2004;and beyond and Part VI -Key Biscayne 1998-1999: Our ,Policy Agenda. It was the consensus of the Council to hold a Goal and Objectives Session some time at, the"beginning of the ;year. At this time the Council discussed the appointment of a representative and an alternate to the Dade County League of Cities, It was: the consensus of C ouncil to appoint Mayor Rasco ash the representative*`aiid Vic ivlayor'Ilan as the alt mate representative. Councilmember Fein addressed the Council regarding long term financing issues and methods by which' to lock in long term interest rates. It -was the consensus of Council to have the Manager look into these issues and to invite Percy R. Aguila, Tr., Financial Advisor for the Village to make a presentation to Council at a future meeting. Councilmember Broucek addressed the Council regarding the Dade.. County Public Schools reassigning the different areas to the different schools and how it impact the Village. It was the consensus of Council- to appointCotincilmember Broucek to be the Village representative before the Dade County School Board. Councilmember Fein addressed the Council regarding the quality of the Adelphia Cable service. It was the consensus of Council to invite a representative from Adelphia Cable to attend one of the Council meetings. "Village Attorney. The Attorney requested an Executive Session to bring the new Council up to date regarding the Seaquarium and Crandon Park litigations. The Clerk will coordinate the setting of the date. Village Clerk. The Clerk presented to the Council the proposed 1999 Council Meeting Schedule. It was the consensus of Council to change the December 14th meeting to December 7, 1999. The Clerk submitted to the Council a request for vacation from. December, 14 to December 31, 1998. 4 of 6 November 17, 1998 There was no objection from Council to the request. At this time Mayor Rasco acknowledged Mr. Chip ,Iglesias, Chief Administrative Aide to Commissioner Jimmy Morales, District 7. Village Manager. The Manager requested motions to award the following contracts: Winterfest Contract and Bus Shelter Contract. Councilmember Fried made a motion to approve the Winterfest Contract in the amount of $19,133.20. The motion was seconded by Councilmember Broucek and approved bya 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass was out of the room at the time the vote was taken. Councilmember Broucek made a motion to award the bus shelter contract to CDC Builders Inc. in the amount of $9,000.00 (East Heather Drive and Crandon Boulevard): The motion was seconded by Councilmember Fried and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Oldakowski voting No. Raul Lastra, OBM Miami, Inc. addressed the Council regarding the bus shelters. The Manager presented to the Council a report regarding Island Drive Traffic Calming. Raul I astra, OBM Miami, Inc. and Chief of Police, Michael Flaherty addressed the Council regarding Island Drive Traffic Calming. Councilmember Broucek made a motion authorizing the temporary traffic calming devices for Island Drive. The motion was seconded by Councilmember Fein. Vice Mayor Han made an amending motion to eliminate the temporary speed bumps. The motion Pied for lack of a second The main motion was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Han voting No. Councilmember Broucek made a motion to approve a permanent traffic calming plan for Island Drive. The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 5of6 November 17, 1998 Ernesto Alvarez, 261 Island d 1) ive addressed the Connell_ 14. OTHER BUSINESS/GENERAL DISCUSSION. Councilmember Oldakowski requested the following items to be included in the agenda for the December 8, 1998 meeting: beach ,,renourishment and situation with the Ocean Park, Vice Mayor Han addressed the Council regarding Resolution 98-45, Special Rules of Order for council meetings.. 15. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule o events was,presented to the Council and the°pubhc. ADJOURNMENT:" The meeting was,adjourned at 9t07 p.m,_ tfully sabot" ed:ti Conchita H.. Alvarez,, CMC Village Clerk Approved this 8th day of December ,19 LORD?" Joe L Rasco Mayor IFA PERSONDECIDES TO APPEAL ANY DECISIO N MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, A/1AI' 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. uture meetings and 6of6 MINUTES VILLAGE COUNCIL MEE I ING TUESDAY, DECEMBER 8, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. : CALL TO ORDER/ROLL CALL OF MENIBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe 1. Rasco. Councilmember Martha Broucek was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: Reverend Pat Arnold, Key Biscayne Presbyterian Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Lynn Whisenhut, General Manager, Adelphia Cable Communications could not attend the meeting and will come at a future meeting. 5. PUBLIC COMMENTS: Cecile Sanchez, 260 Cypress Drive; Carlos Coto, 310 Harbor Court; Lawrence Curtin, 215 Cranwood Drive; Ed Meyer, 100 Sunrise Drive; Karen Levison, 300 Galen Drive addressed the Council. 6. APPROVAL OF MINUTES: Councilmember Oldakowski offered technical corrections to the minutes. The corrected Minutes of the Special Council Meeting of November 17, 1998 were approved by unanimous consent. 1af8 December 8, 1998 7. AGENDA: Councilmember Bass requested to remove Items 8E and 8F from the consent agenda and to hear Item 11AI together with Item 10B; Councilmember Oldakowski requested the addition of a discussion regarding agenda items under Mayor and Councilmembers as Item 11A8; the Manager requested to delete Item 8G and Item 9B1 was deferred to a fixture meeting. There was no objection to the agenda changes. 8. CONSENT AGENDA: The following consent agenda was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski; Vice Mayor Han and MayorRasco voting Yes. LET t'PR FROM SEAN BLACK, EVENT DIRECTOR, EXCLUSIVE SPORTS MARKETING, REQUESTING APPROVAL FOR A FAMILY FITNESS WEEKEND THAT WILL TAKE PLACE FROM APRIL 30 TO MAY 2,1999 ON CRANDON PARK AND THE RICKENBACKER CAUSEWAY, DATED NOVEMBER 18,1998. A RESOLUTION OF TILE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACKED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FORISLAND DRIVE TRAFFIC CALMING WITHWILLIAMS, HATFIELD & STONER, INC.; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF TEE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR EAST HEATHER DRIVE TRAFFIC CALMING WiT WILLIAMS; HATFIELD & STONER, INC,.PROVIDING' FOR AN EFFECTIVE DATE. 9. £RDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCEOF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE TITLE OF ARTICLE 11 FROM "AMENDMENTS TO ZONING ORDINANCE" TO "ADMINISTRATION OF THE ZONING ORDINANCE"; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY AMENDING SECTION 30-23 "GRANTING OF VARIANCES", RENUMBERING AND AMENDING SECTION 30-24 "ADMINIS 1'RATIVE VARIANCES" TO SECTION 30-25, CREATING SECTION 30-24 "SUPERVISORY VARIANCES", AMENDING AND RENUMBERING SECTION 30-25 "PUBLIC HEARING AND NOTICE OF HEARING" TO, SECTION 30-28, RENUMBERING SECTION 30-26 "EX PARTE COMMUNICATIONS TO SECTION 30-29, CREATING SECTION 30-26 "REGULATOR+ VARIANCES"; CREATING SECTION 30-27 SUMMARY OF 2of8 December 8, 1998 VARIANCE REGULATIONS; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE. Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding this ordinance. The Mayor opened the public hearing. Rosemary Sala, 251 Crandon Boulevard addressed the Council The Mayor closed the public hearing. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk announced the second reading of this ordinance for the meeting of January 12, 1999. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SEEK ADDITIONAL SPACE FOR THE COUNCIL CHAMBER WITHIN THE PRESENT BUILDING SO AS TO BETTER ACCOMMODATE PUBLIC MEETINGS OF THE VILLAGE TO REPORT TO COUNCIL ON JANUARY 12, 1999 ON COSTS AND A PRELIMINARY SITE PLAN FOR THE ADDITIONAL SPACE; PROVIDING FOR AN EFFECTIVE DATE. Councihnember Fried made a" motion to approve the resolution. The motion was seconded by Vice Mayor Han and approved by a 6-0 voice vote: The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. PUBLIC HEARING: West Heather Drive and West Wood Drive traffic calming and sidewalks. West Wood W. Heather Total Sidewalks $ 127,500 $ 127,500 $ 255,000 Traffic calming $ 240,000 $ 180,000 $ 420,000 Eng/Admin $ 77,655 $ 67,655 $ 145,000 $ 445,155 $ 375,155 $ 820,310 Funds available $ 400.000 Short fall $ 420310 The Manager reported that if Council detennines to proceed with the $820,310 project fimding can be made 3 of 8 December 8, 1998 from available reserves and future funding. Raul Lastra, OBM Miami, Inc. addressed the Council regarding this project. The Mayor opened the public hearing. Juan Santaella, 360 West Heather Drive; Adolfo Malave, 315 West Heather Drive; Jim Asher, West Heather Drive; Carlos Coto, 310 Harbor Court; Ward Rathbone, 275 West Mashta.Drive; Fred Sherman, 324 West Heather Drive; Michele Barnett, 355 West Wood Drive; Tom Mullin, 275 West Heather Drive; Cecile Sanchez, 260 Cypress Drive; Salvador Mendez, 691 Hampton Lane; Camille Guething, 260 Sea View Drive; Maria Santaella, 360 West FIeatherDrive; Charles Sherman, 301 Sunrise Drive; Richard Gregor e, Key Biscayne; Mike Kelly, 310 Palmwood Lane, +The Mayor closed,fhe public hearing, Vice Mayor Han made amotion to remove from the table the following motion: a motion to.approve sidewalks on both sides of West Heather Drive and West Wood Drive from Fernwood Drive to Harbor Drive; to authorize the Village Manager to advertise for bids for, the construction of sidewalks on both sides of West Wood and traffic cahning on West Heather; contract will contain an option to constructsidewalks on West Heatherand traffic calnring on West Wood at a later date upon approval of the next Council. The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote, The vote was as follows: Couiieirnembers Fein, Fried, Odakowski, Vice Mayor Han and Mayor Basco voting Yes. Councilmember Bass voting No: Councilmerber Fried made an amending motion to install; sidewalks on one side of West Heather. Councihnember Fein seconded the motion: Councilmember Fein made a motion to table the amending motion. The motion was seconded by Councihnember Bass and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Vice Mayor Han and Mayor Basco voting Yes, Councilmember Fried voting No. Mayor Basco made a motion to install permanent traffic calming devices on West Heather and West Wood Drives, The motion was seconded by Councilmember Bass. Councilmember Bass made an amending motion to install permanent traffic calming devices on West Heather and West Wood Drives instead of sidewalks. The motion was seconded by Mayor Basco and failed 1-5. The vote was as follows: Councilmembers Ba ss voting Yes. Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting No. Councilmember Fein made an amending motion to install permanent traffic calming devices on West cD 4of8 December 8, 1998 Heather Drive with a proviso to install permanent traffic calming devices on West Wood in the future. The motion was seconded by Councilmember Fried. i Councilmember Fein made an amendment to the amending motion to install temporary traffic calming devices on West Wood Drive with a proviso to install permanent traffic calming devices on West Wood in the future and permanent traffic calming devices on West Heather. The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote. The vote was as follows: Councilrnembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. ouncilmember Bass voting No. Vice Mayor; Han made an amending motion to accept the design presented today for permanent traffic calming devices (one traffic circle and two "T" intersections) for West Heather Drive. The motion was seconded by Councilmember Fein and approved by a 4-2 voice vote. The vote was as follows: Couneilmembers Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes. uncilmembers Bass and Oldakowski voting No. The main motion as amended was approved by a 5-1 roll call. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor - Han and Mayor `Rasco voting Yes. Councilmember Bass voting No. Councilmember Fein made a motion to build a 4' sidewalk on the south side of West Heather Drive using the design presented tonight with no curb, but with a brick paver sidewalk. The motion was seconded by Councilmember Oldakowski. Councilmember Fein withdrew his motion. Councilmember Fein made a motion instructing staff to bring back an alternative plan for West Heather Drive which will include a 4' sidewalk on the south side, no curb and brick paver sidewalk. The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Han voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR DISASTER RELIEF FUNDING FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) EMERGENCY DECLARATION FEMA-3131-EM-FL RESULTING FROM HURRICANE GEORGES; PROVIDING FOR AN EFFECTIVE DATE. 5 of 8 December 8, 1998 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Han and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Linda Davitian, 720 Myrtlewood Lane addressed the Council. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO CHANGE THE STATUS OF THECHILF BUILDING, ELECTRICAL, PLUMBING, MECHANICAL INSPECTORS AND TIIE: BUILDING INSPECTOR FROM PART TIME TO FULL TIME EMPLOYEES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried Made a motion to approve the resolution. The motion was seconded by Vice Mayor Han. Mayor Masco made an amending motion:to preclude the above mentioned employees from working in other municipalities while working full-time for the Village of Key Biscayne. The motion was seconded by Councilmember Bass and failed by a 1-5 voice vote. The vote was as follows: Mayor Basco voting Yes. Councihnembers Bass, Fein, Fried, Oldakowski and Vice Mayor Han voting No. The main ;motion was approved by a 5-1 voice vote, The vote was as follows: Councilmembers Bas3, Fein, Fried, -Oldakowski and Vice Mayor Han voting Yes. Mayor Rasco voting No.. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and ,Counc lmembers. Councilmember Bass addressed the Council regarding fund juggling. Councilrnemher Fein addressed the Council regarding the Emergency Services Complex making a motion to request an RFP for the Emergency Services Complex (Fire/Police Administration Building). The motion was seconded by Councilmember Fried. Councilmember Fein withdrew his motion. Staff was directed to prepare a resolution for the next Council meeting to this effect, Mayor Basco addressed the Council requesting consensus to have the Village Manager prepare a specifichsehedule for the implementation ofthe following Village projects: Fire Station, Community Center, Beach Ren€fufishment, Traffic Calming , Emergency Services Complex and the Beach Park. There was no objection to the request. 6 of 8 December 8, 1998 Mayor Rasco addressed the Council regarding a report on the following items presented during public comments at the last Council Meeting: Is there a need for a policy on tree trimming by Village/Village as bird sanctuary. The Manager will report on this issue at the next Council meeting. Cecile Sanchez, 260 Cypress Drive addressed the Council. Is there a need for a plan on landscaping issues? The Manager will report on this issue at the next Council meeting: Mayor Rasco recommended ` the appointment of a committee of one to . be presided by Councilmember Bob Oldakowski to produce a report to the Council within 120 days on how to improve the presentation of the Village Budget providing a list of recommendations to the Council that could be implemented in next year budget presentation. There was no objection to the appointment. Councilmember Oldakowski addressed the Council regarding agenda items placed for discussion. Councilmember Oldakowsld suggested that the items should be more specific as to the intention or action. Village Attorney. The Attorney addressed the Council regarding the revision of petitions by the attorney for legal sufficiency. Councilmember Fein made a motion directing the attorney to review petitions as to legal sufficiency only. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Michael Kahn, 880 Ocean Drive addressed the Council. Village Clerk. The Clerk reported that the Mayor had issued a proclamation recognizing Leo Llanos, Chief Building Official of the Village, for his contributions to the Village. Village Manager. The Manager presented to the Council a long term financing plan. Percy R. Aguila, Financial Advisor for the Village addressed the Council regarding different Capital Project borrowing scenarios. (Attached for the record). Lawrence Curtin, 215 Cranwood Drive addressed the Council. The Manager gave an update regarding the beach renourishmenfproject. 7of8 0:54 p.m. December 8, 1998 Sandra Goldstein, 611 Ocean Drive; Ed Meyer, 100 Sunrise Drive addressed the Council. Councilmember Han made.a motion directing staff to bring back a recommendation regarding this issue at the next Council meeting. The motion was seconded by Couneilmember Fein and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco. Councilmember Bass voting No. The Manager informed the Council that Aquagenix, a land, water technologies company has visited the Village's Lake Park and has reconnnended a Trumpet Geyser Floating Fountain to combat algae, excessive weed growth, and poor water clarity. The,fonmtain pumps the water 18 feet high, the water falls, in a 20 foot diameter, it, pumps 129 gpm, and,comes with 3 floating light& ,The cost is:. approximately $5,00©•.00. 12. OTHER I3IIISINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings.and events was presented to the Council and the public. ti 14. ADJOURNMENT: The meeting was adjourned a Resp ully,submitted: Conchita II. Alvarez, CIVIC Village Clerk Joe Rasco Mayor Approved this 12th day of January ,1r: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDEREDATA MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 8 of 8 MINUTES LOCAL PLANNING AGENCY TUESDAY, DECEMBER 8, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. ' CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:05 p.m. Present were Councilmembers Scott Bass, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe L Rasco. Councilmember Martha Broucekwas absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Stephen Helfman. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. ELECTION OF NEW CHAIRMAN: Vice Mayor Han nominated Councilmember Broucek. Due to the fact that a full Council was not present, the election of the Chairman was postponed to the next meeting. Councilmember Fein made a motion appointing Mayor Rasco as the Chair Pro Tem. There was no objection to the nomination. 4. ORDINANCES: The Clerk read the following ordinance: PUBLIC HEARING AND RECOMMENDATION OF VILLAGE COUNCIL SITTING AS THE LOCAL PLANNING AGENCY ON THE FOLLOWING PROPOSED ORDINANCE: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE COMPREHENSIVE MAS 1'l R PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CAIEGORY DESCRIPTIONS (THE "DESCRIPTION"); BY REVISING 1 of3 December 8, 1998 "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTION FOR "PARK SIDE TRANSITIONAL RESIDENTIAL" TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIALUSE; REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERIUES ADJOINING CRANDON BOULEVARD WHICH ARE ENVISIONED TO BE SUBJECT ID THE PARK SIDE TRANSITIONAL RESIDENTIAL DESCRIPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Attorney addressed the Council reporting that the Department of Community Affairs has forwarded additional information regarding this ordinance and, therefore, it will need to be amended and re -advertised fora future Council meeting, Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance. Jacqueline de Leon, 650 Ocean Drive; Raul Llorente, 345 Cypress Drive addressed the Council. There was extensive discussion from Council regarding this ordinance. The Attorney addressed the Council and the public regarding this ordinance. Councilmember Fried made a motion to continue this LPA meeting within the next 60 days. The motion was seconded by CounciImember Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han, and Mayor Rasco voting Yes. ADJOURNMENT: The meeting was adjourned at 6:55 pan. 2 of 3 December 8, 1998 Res jully submitted: o»trhita H. Alvarez, CMC Village Clerk Approved this 12th day of January ,1999 Joe L Rasco Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, 3 of 3