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HomeMy Public PortalAbout02-10-98 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE 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 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, 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 Delegation to the State Session as Item 10A5, 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 6 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 suspend the regular Council meeting 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 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 following 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 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 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, 0 Reilly Sime, Vice Mayor 2 of 7 February 10 1998 Fried and 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 WITH 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 10 1998 The following residents addressed the Council Jacqueline De Leon, 650 Ocean Dnve, Helen White, 241 East Enid Drive, Ed Meyer, 100 Sunrise Drive Councilmember Padovan made an amending motion to delete improvements from the resolution and authorize the new drainage outfall system The motion was seconded by Councilmember O'Reilly Vice Mayor Fried 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 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 Han, 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 Council will have the ability to change it The motion was seconded by Councilmember O'Reilly 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 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-bono 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 4of7 February 10 1998 The motion 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 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 Fned 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 Councilmembers 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 annual 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 5of7 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 to invite Percy Aguila and the Finance Committee to attend the workshop Mayor Festa recommended that the Manager provide copies of our Financial Policy to Councilmembers and for them to forward their ideas to the Manager so that he can incorporate them in the packet It was the consensus of Council to have the Finance Workshop on Monday, February the 23, 1998 The Manager addressed the Council regarding the Stormwater Construction Program The Manager explained the proposed refuse collection service change adjustment by BFI 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 of a five year service contract and that he does not recommend an increase at this time Ross Johnson, Director of Public Affairs for BFI Waste addressed the Council The Manager presented 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 approve the request The motion was seconded by Councilmember Padovan 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 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, Sime, 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 f Vivien Maur', I/'eputy Village Clerk Approved this 14th day of April, 1998 Jo 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 7 of 7