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HomeMy Public PortalAbout1997 Minutes All.tifMINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA SATURDAY, JANUARY 11, 1997 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 9:00 a.m. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime (arrived at 9:10 a.m.), Vice Mayor Michele Padovan (arrived at 9:08 a.m.) and Mayor John Festa. Councilmember Christina Reed was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. The two draft letters for the debt cap mailing to all registered voters in the Village, were discussed by Council. The attorney was directed to draft a final letter and submit it to Council at the next Council meeting on January 14, 1997. The purpose of the workshop was to discuss the Council's goals and objectives. The Village manager gave a brief update on the goals and objectives for 1995-1996 After extensive discussion, the Council recommended further discussion and public input on the following goals and objectives as priority one: PRIORITY ONE 1. Sidewalks • West Heather Drive • West Mashta Drive • Cross Island Streets • Major Streets (both sides) • Extension to Bill Baggs Cape Florida State Recreation Area 2. Use of Right -of -Way (Policy) • Parking • Completion of Street Trees Program • Control of area • Street cuts/Paving Street signs Re -design of our street corners to encourage slowing traffic 1 of 4 January 11, 1997 Eradication of exotic trees 3. Building and Zoning • Policy on unused lots - maintenance • Bill of rights for homeowners - construction on streets - Roadways Staging Finishing outside of houses sooner 4. Sanitary Sewer • Needs study engineer Private Streets 5. Administrative/Operational • Role/Duties of Local Planning Agency Public Parking • Village Green - limiting parking on Fernwood • Beach Parking 7. Crandon. Boulevard Develop of Master Plan • Traffic Calming/ • Urbanization of roadways • On street parking • Re -Alignment Landscaping Entrance Sign Re -open traffic. circle 8. Village Center • Land Acquisition Forum 9. Police/Fire Permanent Facilities • Planning 10. Ocean Front Park Usage/Access Management - Coordination with Beach Club and possible combination with management in a public facility available to residents. 2 of 4 January 11, 1997 11. Elimination of private subsidies • Grants/Donations/Contributions 12. Charter School • Planning/Study 13. Budget Re -Analysis • Limiting budget to base plus Federal Cost of Living Adjustment - $10 million • See also #11. • Review of process (budget formation -multi year policy) 14. Public Relations/Communications • Agenda on world wide web site • E-mail system council/administration • Bulletin board • Ombudsman System 15. Street Lighting • Residential streets (move from priority 3 to 1) 16. Overall Village Character (See #5) • Vision Statement 17. Beach • Boardwalk • Beach Renourishment 18. Level #4 (B) • Historical Building (Delete) 19. Administrative/Operational Delete word committee • Add words "foundation" and "citizen groups" • Village Survey • See also #5 20. Bay Access/Water Taxi • Move to#1 • Heliport/Pines Canal 3 of 4 January 11, 1997 By consensus, the Council directed the Manager to submit to Council a final draft of the 1997 Goals and. Objectives with any recommendations or suggestions that he might have. The meeting was adjourned at 10:55 a.m. Respectfully submitted: V7S9 Conchta H. Alvarez, Village Clerk Approved this 28th day of January 1997: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER 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. 4 of 4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 14, 1997 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 Mortimer Fried, Gregory Han, Christina Reed, Betty Sime, Vice Mayor Michele Padovan, and Mayor John Festa. Councilmember Hugh O'Reilly was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney 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: Councilman Han offered technical corrections tothe minutes of November 19, 1996 (continuation of regular meeting of November 14, 1996). The amended minutes of November 19, 1996, the minutes of December 2, 1996 (continuation of regular meeting of November 26, 1996) and the minutes of the regular Council Meeting of December 10, 1996 were adopted by unanimous consent. 5. AGENDA: Vice Mayor Padovan mentioned that Items 10-A-6 and 10-A-12 were submitted for information only. Councilman Sime requested the following changes to the agenda: addition of discussion on Swales on Harbor Drive as Item 10-A-13 and discussion on Pole Signs as Item 10- a-14. The rnayor requested the following changes to the agenda: Item 10-D-1, Valentine's on the Green be heard as Item 6-13; the addition of the Debt Cap Mailing as Item 6-C; Item 9 -A -B, Resolution on Failureof Councilmembers to participate in Village Business be heard as Item 6-D, Councilman Slate objecting to the request. 1 of 10 January 14, 1997 Ga 6. SPECIAL PRESENTATIONS: The mayor introduced Jeffrey R. Bunting, Environmental Planner, Aviation Department, Metropolitan Dade County. Mr. Bunting addressed the council and reported that they are currently working with the FAA recommending night procedures for planes to keep away from the Island. Samantha Sager, 335 Harbor Drive addressed the council on this issue. The Key Biscayne Technology Trust requested permission to hold an event on the Village Green on Valentine's Day. Cindy Cutler, addressed the council explaining what will take place that evening. Councilman Sime made a motion to approve this event. The motion was seconded by Councilman Reed and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 'The clerk read the following resolution by title:: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTIONS 95-10 AND 92-27 AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan. Councilman Han made a motion to amend the resolution by adding the following to section 13) "A motion for a special one time extension of a speakers time to an additional three minutes may be made by any councilman. Approval is granted after a second by a voice vote without discussion. Speakers will be furnished with guidelines attached as exhibit A". There was no second to the amendment. Councilman Han made another amendment to the resolution to add "section 14) Statement concerning councilmen attendance at working meetings and other functions". The motion was seconded by Councilman Sime and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Reed, Sime, Fried, Flan and Mayor Festa voting Yes. Vice Mayor Padovanvoting No. Councilman Fried made a motion to amend item 13 under section 1 to say that "the public needs to sign up with the Village Clerk before the meeting starts". The motion was seconded by Councilman Reed and failed by a 2-4 voice vote. The vote was as follows: Councilmembers Reed and Fried voting Yes. Vice Mayor Padovan, Mayor Festa, Councilmembers Sime and Han voting No. Councilman Sime made a motion to amend item 14 under section 1 to read as follows: "The Council will be considerate of and show respect for each member of the council." them to cxpresa their thoughts fully. The motion was, seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, 2 of 10 0 January 14, 1997 Vice Mayor Padovan and Mayor Festa voting Yes. The resolution as amended was adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Sam Davitian, 720 Myrtlewood; Martha Broucek, 170 Ocean Lane Drive, addressed the council on this issue. Vice Mayor Padovan recognized at this point Javier Marquez from Commissioner Jimmy Morales' office for attending the meeting. Vice Mayor Padovan took this opportunity to discuss Item 10-9 and made a motion to amend the section on beach renourishment in the 1997 Washington Legislative package to read as follows: "Beach Renourishment: Support efforts to meet beach renourishment and _maintenance needs of Dade County by securing authority from the Army Corps of Engineers to resolve erosion problem in Key Biscayne and the Central portion of Miami Beach; and fully funding Army Corps of Engineers' beach renourishment commitments." The motion was seconded by Councilman Sime and approved by council consensus. PUBLIC COMMENTS: The following members of the public addressed the council in reference to the Debt Cap Ordinance: Sam Davitian, 720 Myrtlewood; Michael Kahn, 881 Ocean Drive; Martha Broucek, 170 Ocean Lane Drive; Paul Mattassi, 255 Galen Drive addressed the council thanking the Police Department for finding his bicycle. At this point the Debt Cap mailing to the registered voters of the Village was discussed. The mayor read draft #3 to the council and public and it was agreed to mail one per household to the registered voters of the Village. Draft letter #3 was approved by council consensus and the manager was directed to have the mailing out by Thursday, January 14, 1997. The following resident addressed the council: Sam Davitian, 720 Myrtlewood. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25 OF THE VILLAGE CODE "TAXATION"; PROVIDING DEFINITIONS; PROVIDING LIMITS ON LONG TERM DEBT OF THE VILLAGE; PROVIDING LIMITS ON RESERVE FUNDS; REQUIRING SURPLUS FUNDS TO BE USED EITHER TO REDUCE DEBT OR TAXES; PROVIDING THAT LONG TERM DEBT LIMITS MAY BE EXCEEDED WITH VOTER APPROVAL; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the ordinance. Mayor Festa seconded the motion. 3of10 January 14, 1997 The attorney addressed the council explaining the language changes made to the ordinance. Mayor Festa made a motion adopting the amendments to the ordinance. The motion was seconded by Councilman Fried. The mayor opened the public hearing. The following residents addressed the council: Gary Gross, 211 Island Drive, Councilmember Sirne made a motion to extend the speaker's time. The motion was seconded by Mayor Festa and approved by a unanimous voice vote. Michael Kahn, 881 Ocean Drive; Gerald Broucek, 170 Ocean Lane Drive. The mayor closed the public hearing. Mayor Festa made a motion to amend the ordinance under Section 25-2. Limits on Debt to add the words "The total principal of Debt of the Village shall be limited to the greater of the following:(a) 1% of the total assessed value of all property within the Village, as certified to the Village by the Dade County Property, Appraiser, for the current fiscal year; or (b) That amount which would require annual principal and interest payments on Debt during any fiscal year to exceed 15% of general fund expenditures for the previous full fiscal year". The motion was seconded by Councilman Fried and approved by a 6-0 roll call. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilman Han made a motion to amend the amendment by striking all of Section 25-5. The motion was seconded by Councilman &me. The motion failed by a 3-3 roll call vote. The vote was as follows Councilmembers Sime, Fried and Han voting Yes. Councilmember Reed, Vice Mayor Padovan and Mayor Festa voting No. Councilman Fried made a motion to add under Section 25-5. Surplus Funds and Excess Revenues the words "not placed by Council in a restricted reserve fund" shall be used The motion was seconded by Councilman Sime and approved by a 6-0 roll call. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes: Vice Mayor Padovan made a motion to strike the word "those" and add the word "certain" on the third WHEREAS clause. The motion was seconded by Mayor Festa. The motion failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Sime, Han and Vice Mayor Padovan voting Yes. Councilmembers Reed, Fried and Mayor Festa voting No. Mayor Festa made a motion to amend Sec. 25-4. Reserve Funds, add the words "or an amount greater than $2,000,000 but (strike the word and) not greater....". The motion was seconded by Councilman Reed and approved by a 6-0 roll call vote, The vote was as follows; Councilmembers Fried, Han, Reed, Sirne, Vice Mayor Padovan and Mayor Festa voting Yes. 4 of 10 January 14, 1997 Mayor Festa made a motion to amend Sec. 25-4. Reserve Funds, in reference to the time limit suggesting October 1, 1999. The motion was seconded by Councilman Han and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Percy R. Aguila, Jr., Financial Advisor to the Village, addressed the council on this issue. A roll call vote was taken to adopt the ordinance as amended. The vote failed 2-4 and it was as follows: Vice Mayor Padovan and Councilmember Reed voting Yes. Councilmembers Fried, Han, Sime and Mayor Festa voting No. By council consensus it was decided to continue the public hearing at the next council meeting. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. The manager addressed the council on this issue explaining that due to the fact that the police officers are no longer represented by Metro -Dade County's Police Benevolent association, it was important to retroactively provide them with any salary increases or other benefits that other police officials and fire personnel received in the past. Vice Mayor Padovan made a motion to adopt the ordinance. The motion was seconded by Councilman Sime and approved by a 6-0 roll call vote.. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS; PROVIDING FOR DEFINITIONS, HOURS OF OPERATION, EQUIPMENT REQUIREMENTS, PERMIT REQUIREMENTS AND FEES, AND OPERATOR QUALIFICATIONS; PROVIDING PROHIBITIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION 1N THE CODE AND AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the ordinance. The motion was seconded by Councilman Reed. The mayor opened the public hearing. The mayor closed the public hearing. 5 of 10 January 14, 1997 Councilman Han made a motion to amend Section 2(a) to read: "Designated Streets. All streets within the Village's control, other than Crandon Boulevard which is under the control of Metro -Dade County. The motion was seconded by Councilman Reed. Conchita Suarez, Crandon Boulevard addressed the council on this issue. Mayor Festa made an amendment to the amended Section 2(a) to include after Crandon Boulevard "and Harbor Drive".- The motion was seconded by Vice Mayor Padovan and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried,: Han, Reed, Sane, Vice MayorPadovan and Mayor Posta voting Yes: r " Councilman Han made a motion to amend Section 4(b) to read: "The golf cart may be operated during the hours between sunset and sunrise only if the golf cart is equipped with headlights and: a windshield." The motion was seconded by Councilman Fried and adopted by a 4-2 roll call vote. The vote was as follows: Couneilmembers Sime, Fried, Han and Reed voting Yes. Vice Mayor Padovan and Mayor Festa voting No: Councilman Han made a motion to amend Section 4(j) by deleting it completely and allowing for golf carts to be used for commercial purposes: The motion was seconded by Councilman Reed and adopted by a 6-0 roll hall vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The attorney addressed the council on this issue. Councilman Han made a motion to arnend Section 5(a) to read "An annual inspection of insurance is required for each golf cart". The motion was seconded by Councilman Fried. Vice Mayor Padovan made a motion to amend the amended Section 5(a) to include "and proof of insurance". The motion was seconded by Councilman Han and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made a motion to delete West Mashta from Section 4(e). The motion was seconded by Councilman Reed and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sirne, Vice Mayor Padovan and Mayor Festa voting Yes. Councilman Han made a motion to adopt the ordinance as amended. The motion was seconded by Councilman Sime and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 6 of 10 0 January 14, 1997 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA REGARDING THE FAILURE OF COUNCIL MEMBERS TO PARTICIPATE IN VILLAGE BUSINESS, RESPECT FOR THE OFFICE OF COUNCILMEMBER; RESPECT FOR THE VOTERS OF THE VILLAGE OF KEY BISCAYNE AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Padovan made a motion to adopt the resolution. The motion was seconded by Councilman Sime and adopted by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime and Mayor Festa voting Yes. Vice Mayor Padovan voting No. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS AND TO IDENTIFY A LONG-TERM FUNDING SOURCE; PROVIDING FOR TRANSMISSION; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Padovan made a motion to adopt the resolution. The motion was seconded by Councilman Sime and adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING SALLY BRODY FOR HER EFFORTS AND SERVICES TO THE COMMUNITY; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Padovan made a motion to adopt the resolution. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. At this point item 10D3, Stormwater Utility Construction Program was brought up before the council. There was no objection. The manager and Percy Aguila addressed the council on this issue. Councilman Fried made a motion to authorize the manager to negotiate with the bank a renewal loan for the stormwater utility construction program up to $7.2 million and bring back a proposal to council. The motion was seconded by Councilman Sime and approved by a 6-0 voice vote. The 7 of 10 0 January 14, 1997 vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Sam Davitian, 720 Myrtlewood; Edward Slavens, 301 Palmwood Lane; addressed the council on this issue._ 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Vice Mayor Padovan presented a request to donate $1,000 to Crime Stoppers of Dade County. Mayor Festa made a motion to defer to next council meeting. The motion was seconded by Councilman Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padova/land Mayor Festa voting Yes. Vice Mayor Padovan presented to council the situation on abandoned shopping carts on the streets of Key Biscayne. The Chief of Police was requested to make a report to council a month from now on the progress of this situation. Vice Mayor Padovan presented to council the situation on Police/Fire employee suggestions. The manager addressed the council suggesting to add 6th, and 7th step to our current salary plan, reduce longevity steps and institute a new vesting plan for new employees. The manager recommended the following vesting plan: after 1 year, 20%; after 2 years, 40%; 3 years, 60%; 4 years, 80 % and 5 years, 100%. Councilman Fried made a motion to approve the recommendations. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers -Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Vice Mayor Padovan presented to council the need to have an alternate Village Council representative for the Dade County League of Cities, Vice Mayor Padovan made a motion to appoint Councilman Han. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Vice Mayor Padovan presented to council the Dade. County League of Cities 1997 Dade County, State and Washington Legislative priorities. Vice Mayor Padovan made a motion to authorize the manager to contact the owner of the parcel adjacent to the Village Crreen to bring a report concerning the status of the property: The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: 'Councilmembers Fried,; Han, Reed, Shoe, Vice Mayor Padovan and Mayor Festa voting Yes. 8of10 January 14, 1997 Vice Mayor Padovan proposed an ordinance that was presented at the Dade League of Cities: AN ORDINANCE OF THE CITY OF PLANTATION, FLORIDA ESTABLISHING INTERIM REGULATIONS GOVERNING THE ERECTION, LOCATION (INCLUDING RELOCATION) AND OPERATION OF ANTENNAS AND ANTENNA TOWERS WITHIN THE CITY; PROVIDING CERTAIN TERMS AND CONDITIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREFORE. The attorney addressed the council on this issue. John Little, Director of Building, Zoning and Planning also addressed the council. Vice Mayor Padovan made a motion to have the attorney together with the staff draft an ordinance. Mayor Festa seconded the motion. Vice Mayor Padovan withdrew the motion. The attorney was directed to look into this ordinance together with Director Little. Vice Mayor Padovan presented to council, for information purposes, a memorandum from the Florida Breast Cancer Coalition Candlelight. Councilman Sime presented to council the situation on the Swales on Harbor Drive. Some residents have complained that their driveways are not draining well. Councilman Sime presented to council the situation on pole signs. John Little addressed the council on this issue. Notices will go out in the next couple of weeks in order to start assessing fines. Mayor Festa made a motion to continue this meeting on Thursday, January 16, 1997 at 7:00 p.m. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 12. ADJOURNMENT: The meeting adjourned at 11:02 p.m. 9 of 10 January 14, 1997 Respectfully submitted: -17(;)/Sg7 Conchita H. Alvarez Village Clerk Approved by the Village Council this 28th day of January , 1997: F. Testa 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 NEEDA 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. 10of10 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JANUARY 16, 1997 (CONTINUATION OF MEETING OF JANUARY 14, 1997) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:06 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Christina Reed, Vice Mayor Michele Padovan and Mayor Festa. Councilmember Betty Sime was absent. Also present were Village Manager Samuel Kissinger , Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. REPORTS AND RECOMMENDATIONS: The following items were submitted: Mayor Festa made an announcement that the Debt Cap Ordinance will be brought up for reconsideration at 8:00 p.m. Village Attorney: The attorney addressed the council on a follow up on lobbying contracts on Quasi Judicial matters. The attorney suggested to draft an ordinance which prohibits exparte communications on quasi judicial matters altogether. Mayor Festa made a motion to draft an ordinance prohibiting exparte communications on quasi judicial matters, but permitting site visits. The motion was seconded by Councilman O'Reilly and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilman Han voting No. The attorney addressed the council on Ad Valorem Taxation for Stormwater Utility charges. Councilman Fried requested that the attorney look into how we could change the manner in which we pay for our stormwater utility and put it in with the Ad Valorem Tax. The attorney requested permission from council to look into this and bring a report on this matter at another council meeting. Sam Davitian, 720 Myrtlewood Lane; Haydee Archibald, 881 Ocean Drive addressed the council. By council consensus the manager was directed to look into this matter. The attorney presented to the council a proposed draft ordinance that would create a municipal motor vehicle parking lot by the Beach Club property and would provide the issuance of decals to residents for the purpose of parking there: 1 of 5 January 16, 1997 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 19. "PARK RULES AND REGULATIONS" OF THE VILLAGE CODE I3Y CREATING SECTION 19-16 "MOTOR VEHICLE PARKING LOT DECAL PROGRAM" TO PROVIDE PREFERENCE TO RESIDENTS OF THE VILLAGE FOR PARKING IN CERTAIN AREAS TO FACILITATE OCEANFRONT PARK ACCESS; PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN THE CODE, IMPLEMENTATION AND AN EFFECTIVE DATE. Mayor Festa suggested to delete section (h) Exemptions. Vice Mayor Padovan suggested to add in the first WHEREAS clause"for Key Biscayne residents only" and in section (f) add after quality of life "maintain the property values" and add "crime" after noise. In section (c)(2) add "car registration, driver's license and FPL:"bill". By council consensus the attorney was directed to bring back this proposed, ordinance with the changes suggested by council. The attorney discussed a letter from Stephen J. Helfinau, Village Attorney, dated January 8, 1997. in reference to Ocean Club Beach Park. The letter states that the acceptance of the dedication of the ocean front land was expressly conditioned upon the delivery of an opinion of title from the developer's law firm, White and Case, evidencing the fact that the title to the land is free and clear of any liens or encumbrances which would affect the Village's use and enjoyment of the property for public beach purposes. An opinion of title from the White and Case firm was received on June 7, 1996 by the attorney, which was unacceptable as it contained multiple exceptions to title. A revised opinion of title was requested and delivered on July 19, 1996, but contained reference to a particular restriction on a portion ofthe property which restricted use of that portion of the property to a "private beach and recreation area". On August 7, 1996 a letter was written by the Village Attorney to the attorneys for the Ocean Club advising them that the restriction on the use of the property was unacceptable to the Village and that the restriction must be released from the property or another acceptable solution must be provided. There was extensive discussion 011 this item from council. The attorney presented some options to council: suit to quiet title, declaratory judgement, the title insuranee alone is not sufficient, the Village should request another piece of land that does not have this problem. By council consensus the, Ocean Club is responsible to solve this problem. The attorney then proceeded to discuss the situation with the Town of Surfside. The Town of Surfside erected some traffic control devices and the County objected and filed suit against Surfside. Surfside is looking for support from other municipalities on this issue against the County. By council consensus the attorney was authorized to&sprak to their attorney to see what other cities were doing in reference to this issue. Mayor Festa made a rnotion to reconsider the debt cap ordinance. Vice Mayor Padovan seconded the motion and it was approved by a 4-2 roll call vote. The vote was as follows: Mayor Festa, Councilmembers Fried, Reed and Vice Mayor Padovan voting Yes. Councilmembers Han and O'Reilly voting No. 2 of 5 0 January 16, 1997 Councilman Han made a motion to continue the public hearing at the February 11, 1997 council meeting. Councilman O'Reilly seconded the motion and it failed by a 5-1 roll call vote. The vote was as follows: Councilman Han voting Yes. MayorFesta, Councilmembers Fried, O'Reilly, Reed and Vice Mayor Padovan voting No. Michael Kahn, 881 Ocean Drive addressed the council on this issue. Councilman O'Reilly made a motion to amend the ordinance to say "shall put aside $500,000 per year for reserve funds for 4 years, effective in the year 2001". The motion was seconded by Mayor Festa and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made a motion to adopt the ordinance as amended. The motion was seconded by Vice Mayor Padovan and it was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Martha Broucek,170 Ocean Lane Drive; Haydee Archibald, 881 Ocean Drive addressed the council. Village Clerk. The clerk submitted a report on her meeting with Metropolitan Dade County Elections Department on the upcoming Special Election for the 1997 Debt Cap Referendum. Village Manager. Mayor Festa made a motion to reconsider the motion to amend the 1996-1997 budget to include a donation to Crime Stoppers. The motion was seconded by Councilman O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilman O'Reilly made a motion to make a $1000 donation to Crime Stoppers. The motion was seconded by Vice Mayor Padovan. Councilman O'Reilly made an amendment to his motion to increase the donation to $2,000. The amendment was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The budget was approved as amended by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The manager requested permission to attend an Integrated Emergency Management Course together with the Police and Fire Chiefs, a representative from the Building, Zoning and Planning Department at a date to be determined. Permission was granted by council consensus. taTh 3 of 5 January 16, 1997 A request from a citizen for additional lights in the Village Green Park was presented to council. Vice Mayor Padovan made a motion to deny the request. The motion was seconded by Councilman Han. Mayor Festa made a motion to defer this to the next council meeting. Councilman Reed seconded the motion and it was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Counciimember Han, voting No. The manager submitted for information purposes the Ocean Lane Drive improvement program to include sodding and planting trees. This program will take place during the summer. The manager reported that he had a very successful meeting with the Metropolitan Dade County Public Works Department in reference to the Crandon Boulevard improvement program. Dade County is very much interested in participating and working, with the. Village on this project. The manager made a progress report on the Lake. Park Walkway and Ocean Park. It was suggested to have a formal dedication ceremony with the Mayor accepting the Lake Park. The manager was instructed to bring, back to Council a date for the ceremony. The manager requested approval for the renewal of the Animal Control Contract to be extended for the 1997 Fiscal Year. The Village is currently charged $50 per racoon with a guarantee of 250 racoons per year. The manager was requested to negotiate lowering the amount guaranteed to 200 racoons per year. The manager reported to Council that some changes were made to the Noise Ordinance and sent to the attorney. The manager was directed to bring: this item back before council after the Valentine's day event on the Village Green. Mayor Festa made a recommendation in reference to the 1997 Council Meeting schedule. The mayor requested to move the Zoning Hearing of July 22, 1997 to August 26, 1997 and the Council Meeting of July 8, 1997 be moved to July 1, 1997. There were no objections to the request. The manager presented a letter from Jeffrey D. DeCarlo, Ruden McClosky Smith Schuster & Russell, P.A., dated January 7, 1997 in reference to borrowing from the State for the Sanitary Sewer Construction Program. The mayor congratulated the manager on the award won by the Village with the Five Year Progress Report. The manager presented the following information items: the monthly departmental reports; December 1996 Monthly Report Pesky Critters; December 1996 Monthly Report Key Biscayne Chamber of Commerce; News Article, Sun -Sentinel Wednesday, December 25, 1996 "Bill would 4 of 5 0 January 16, 1997 let Cities run their schools"; letter from Metropolitan Dade County Traffic Signals & Signs Division; Grand Award won by The Village of Key Biscayne with "Key Biscayne: Our Island Paradise, Five Year Progress Report"; Memorandum from John P. Little Director of Building, Zoning and Planning in reference to Post Office delivery. 11. OTHER BUSINESS/GENERAL DISCUSSION 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 9:45 p.m. Respectfully submitted: Conchita H. Alvarez, Village Clerk Approved this 11th day of February ,1997. IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER 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. 5•of5 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 28, 1997 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 7:05 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Christina Reed, Betty Sime, Vice Mayor Michele Padovan, and Mayor John Festa. Also present were Village Manager 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: Mayor Festa and Councilmember Fried offered technical corrections to the minutes of the Village Council Workshop of January 11, 1997. The corrected minutes of the Village Council Workshop of January 11, 1997, the minutes of the Council Meeting of January 14, 1997, the minutes of the Village Council Workshop of January 21, 1997 were adopted by unanimous consent. 4. AGENDA: Vice Mayor Padovan requested the withdrawal of Item 9A4. Councilmember Sime requested the deferral of Item 9A1 to the next Council meeting on February 11, 1997. There was no objection to the agenda changes. 5 SPECIAL PRESENTATIONS: There were no special presentations. 6. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER; ADDING POST -GRADUATE PROFESSIONAL EDUCATIONAL FACILITIES AS AN UNUSUAL USE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 1 of5 January 28, 1997 Director of Building, Zoning and Planning Little, addressed the council stating that this is the first part of the overall amendment that the Pankey Institute is requesting. The next stage would be to change the zoning on the property and also review if there are any variances that would be required as part of this application. The attorney addressed the council on this issue.. The mayor opened and closed the public hearing. Councilman O'Reilly made a motion to approve this ordinance on first reading. The motion was seconded by Councilman Fried and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han was absentfrom 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; ESTABLISHING A PROCEDURE FOR RESOLVING DISPUTES ARISING FROM THE ACTIVITIES ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF FACILITIES FINANCED BY THE STATE OF FLORIDA REVOLVING LOAN FUND AUTHORIZED BY SECTION 403.1835, FLORIDA STA1'U 1 ES; PROVIDING FOR NOTICE OF PROTEST AND` DOCUMENTATION; PROVIDING FOR A HEARING; PROVIDING; FOR AN APPEAL; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The manager and attorney addressed the council on this issue. The mayor opened the public hearing. Sam Davitian, 720 Myrtlewood Lane addressed the council. The mayor closed, the public hearing. Councilman Sime made a motion to approve the ordinance. The motion was seconded by Vice Mayor Padovan and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and. Mayor Festa voting Yes. Councilmember Reed voting No. 7. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearings were sworn in by the clerk. Hearing Number 97 -0128 -VC -01. Isabel Obregon Reyes, 480 North Mashta Drive, the applicant requested a non-use variance of fifteen -foot (15') interior side setback requirement to permit an interior side setback' of ten feet (10') from the southwest property line for a proposed residence located at 480 North Mashta Drive. 2of5 January 28, 1997 Director of Building, Zoning and Planning Little addressed the council on this issue recommending approval. The mayor opened the zoning hearing. Architect Juan Zubillaga, 245 Woodcrest Road, representing the applicant, addressed the council. Eduardo Alfonso, 711 South Mashta Drive, representing the Mashta Island Homeowners Association; Max Puyanic, representing the Smugglers Cove Design Board also addressed the council. The mayor closed the public hearing. Councilman Sime made a motion to approve the variance. The motion was seconded by Vice Mayor Padovan and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han voting No. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Summary of proposed 1997 Goals and Objectives was presented to Council and February 18, 1997 was set for a Goals and Objectives Session. The following item was submitted for information only: a letter from Mr. Donald Pybas, Florida Cooperative Extension Service dated January 17, 1997. Village Attorney. The attorney did not submit a report. Village Clerk. The clerk submitted the Certification of the Special Election held January 21, 1997. The clerk also presented to council a letter from Mayor Alex Penelas requesting support for "Love Your Neighbor Week". By council consensus a proclamation will be issued at the February 11th council meeting. The council suggested that the Recreation Department to bring back some ideas to accomplish this. Village Manager. The manager requested to extend a housing allowance of $12,000 per year to the new Chief of Fire Rescue. Councilman Fried made a motion to approve the manager's request. Vice Mayor Padovan seconded the motion. Mayor Festa made an amendment to the motion that the requirement to live on the Key for the Fire Chief be an option and not a requirement for the new Fire Chief. The motion was seconded by Councilman O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers - Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The manager requested authorization to execute an agreement with the Florida League of Cities in reference to Occupational License Insurance Companies. Vice Mayor Padovan made a motion to authorize the manager to execute the agreement. The motion was seconded by Councilman Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 3 of 5 0 0 January 28, 1997 The manager requested permission to attend the ICMA Annual Conference, which is a city managers conference, to be held in Vancouver, B.C., from September 12 -17,1997 and immediately following the conference, requested to take seven vacation days. Permission was granted by council consensus: The mayor requested to make an amendment to the 1997 Council Meeting Scheduleto change the March 25, 1997 zoning meeting to April 1, 1997. There, was no objection to the request. The manager presented the following information items: a letter from Sonny Holtzman and Servando Parapar, Dade County Expressway Authority, dated January 17, 1997; a letter from Lynn Whisenhunt, General Manager, Adelphia Cable, dated January 10, 1997. Mayor Festa made a recommendation to the manager to invite Mr. Whisenhunt from Adelphia Cable to our next council meeting'to,give us an update. Michael Kelly, Palmwood Lane addressed the council on the stormwater sewer work on Palmwood Lane. 10. OTHER BUSINESS/GENERAL DISCUSSION 11. 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 8:30 p.m. ully submitted: A% do/ratilizt Canchita 11. Alvarez Village Clerk Approved by the Village Council this 1lth day of February,1997: 4of5 January 28, 1997 IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT 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, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5of5 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 21, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7:10 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Councilmembers Hugh O'Reilly and Christina Reed were absent. Also present were Village Manager, Samuel Kissinger, Deputy Village Clerk Vivien Mauri and Village Attorney :Steve Helfinan. Mayor Festa led the Pledge of Allegiance. The purpose of the workshop was to discuss the function of the Building, Zoning and Planning Department and draw recommendations regarding variances and the overall procedures of the department. No changes were made to the agenda. Village Building, Zoning and Planning Director John Little made a presentation of the Planning and Zoning Hearing Process and the Department operations. John Little turned the floor to the Mayor and Councilmembers for discussion. Mayor Festa interrupted discussion to announce the Special Election Final results and read the following Special Elections for the record: 1, 043 - 22.90% Ballots Cast, 386 - 37.40% voted YES, and 646 - 62.60 % voted NO. Major Festa resumed Councilmember's discussion. Councilman Fried made a motion to adjourn and the motion was seconded by Mayor Festa. The motion was voted Yes. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting YES. The meeting was adjourned at 8:45 p.m. Page 1 of 2 January 21, 1997 Respectfully submitted: Vivien Marfri Deputy Village Clerk Approval by the Village Council this 28th day of ; January , , 1997: 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 01' THE PROCEEDINGS IS MADE, WHICH RECORDINCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 MINUTES VILLAGE. COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 11, 1997 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 Mortimer Fried, Gregory Han, Hugh O'ReilIy, Christina Reel Vice Mayor Michele Padovan, and Mayor John Festa. Councilmember Betty Sime was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: The attorney gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the Council Meeting of January 16, 1997 (continuation of Regular Council Meeting of January 14, 1997) and the minutes of the Special Council Meeting of January 28, 1997 were approved as submitted. 5. ` AGENDA: Councilmember Han requested the addition of Causeway lights as Item 10A3. The clerk requested the deletion of bolded note in item 8A4 and read a memorandum from Counciimember Sime requesting the deferral of item 8A3 to the next Council meeting.., 6. SPECIAL PRESENTATIONS: a Jerry Chiocca, CPA, P.A., Certified Public Accountants/Consultants, Rachlin Cohen & Holtz presenting the Village's Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 1996. By consensus staffwas directed to go through with the process to hire a new firm since the contract with this fine has concluded. Sam Davitian, 720 Myrtlewood Lane addressed the Council. Lynn Whisenhut, General Manager, Adelphia Cable Partners, L.P. South Dade gave an update on Adelphia Cable in Key Biscayne: Sam Davitian, 720 Myrtlewood Lane addressed the Council, Scott Bass, 201 Galen Drive. PUBLIC COMMENTS: Raul Liorente, 345 Cypress Drive addressed the Council 1 of 9 February 11, 1997 8. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE ,PURSUA' T. TO ARTICLE 8 OF THE VILLAGE CHARTER; ADDING POST -GRADUATE PROFESSIONAL EDUCATIONAL FACILITIES AS AN UNUSUAL USE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The attor`neyaddressed=the Council on this ordinance :'‘.lhe were no speakers.'%The mayorYclosed'the public hearing. Mayor Festa made a motion to adopt the ordinance. The motion was seconded by Councilmember Fried and adopted by a 5-0 roll call vote. The vote: vas as follows: Councilmembers Fried;; O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han abstained from voting due to conflict'of interest. ` The clerk read the folio wirm' ordinance,- on second reading, by title:. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A PROCEDURE FOR RESOLVING DISPUTES ARISING FROM THE ACTIVITIES ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF FACILITIES FINANCED BY THE STATE OF FLORIDA REVOLVING LOAN FUND AUTHORIZED' BY SECTION 403:183, FLORIDA STATUTES; "PROVIDING FOR NOTICE OF PROTEST AND DOCUMENTATION; PROVIDING FOR A HEARING; PROVIDING TOR AN APPEAL; ,PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The mayor opened the public hearingl, Sam Day an, 720 Myrtlewood Lane addressed the, Council. The mayor closed the public hearing. Mayor Festa made a motion to adopt the ordinance. The motion was seconded by Councilmember Fried and adopted, by a 6-0 roll call. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF TFW VILLAGE OF KEYBISCAYNE, FLORIDA; AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. 2 of 9 0 0 February 11, 1997 The mayor opened the public hearing. There were no speakers. The mayor closed, the public hearing. Mayor Festa made a motion to adopt the ordinance. The motion was seconded by Councilmember Fried and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed: Vice Mayor Padovan and Mayor Festa voting Yes. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, ATTACHED AND MARKED AS ATTACHMENT B, WITH PBS & J CONSTRUCTION SERVICE, INC. MIAMI, FLORIDA FOR CONSTRUCTION . CONTRACT. ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH BASINS 1-8 STORMWATER IMPROVEMENTS PROJECT. PREVIOUSLY AUTHORIZED BY RESOLUTION 95-32; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Ham O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA; AUTHORIZING SPECIFIED PERSONS TO RENT AND ACCESS A SAFE DEPOSIT BOX; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Reed and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING MUNICIPAL JURISDICTION AND AUTHORITY OVER LOCAL ROADS WITHIN MUNICIPAL BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Reed made a motion to approve the resolution. The motion was seconded by Councilmember Freed and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. 3 of 9 The clerk read the foliowing resolution by title: A RESOLUTION OF' THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOMMENDING THE VILLAGE COUNCIL TO WAIVE COMPETITIVE BIDDING PROCEDURES FOR; WILDLIFE TRAPPINGS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT FORPESKY CRITTERS WILDLIFE TRAPPINGS,' ATTACHED AND MARKED AS EXHIBIT I, PROVIDING FOR AN EFFECTIVE DATE. • t Mayor Festa made a motion to defer this resolution to the next Council meeting, The motion was seconded by Vice Mayor Padovan and approved by. a 6-0 voice vote. The vote was as follows: Cauncilmembers Fried, Han, O'Reilly, Reed; Vice Mayor Padovan;and Maydr Eestt,votinghYes. The clerk read the following resolution by title: APPROVAL^FOR A CARNIVAL AT SAINT AGNES CATHOLIC CHURCH TO BE OPERATED ON THE SCHOOL' AND CHURCH PREMISES AT 122 HARBOR DRIVE FROM MARCH 7,1997 THRU MARCH 9, 1997. Coiht i Member Fried made a motion to approve the resolution. The motion was seconded by Vice. Mayor Padovan and approved by a 6-0 voicevote. The vote' was as follows: Councilmembers:Fried, Han, O'Reilly, Reed, Vice Mayor Padovan arid Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA SUPPORTING THE DADE LEAGUE OF CITIES INC. 1997 LEGISLATIVE PRIORITIES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was, seconded by Councilmember Fried. Councilmember Reed made a motion to amend Section 7 of the resolution to read after thereby "providing communities with the option of exempting themselves". The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Couneilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Vesta voting Yes. Councilmember O'Reilly made a motion to strike Section 8. The motion was seconded by Councilmember Reed and' approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor i Padovan and Mayor Festa voting Yes: 4 of 9 O February 11, 1997 Mayor Festa made a motion to defer this resolution to the Goals and Objectives meeting to be held on February 18, 1997. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING AMERICAN AIRLINES AND THE AIRLINES PILOTS TO NEGOTIATE AND RESOLVE THEIR MUTUAL LABOR ISSUES TO THE MUTUAL BENEFIT OF THE ENTIRE DADE' COUNTY. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed. Vice Mayor Padovan and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: c Mayor and Councilmembers: A 1997 Village Council Meeting Schedule was presented, there were no changes made. Councilman O'Reilly made a motion to have the attorney draft an ordinance in reference to yard sales on Key Biscayne be regulated through permits issued by the manager. The manager shall not issue a permit unless there is an active, valid real estate contract for the sale of the property upon which the yard sale is to be held. The motion was seconded by Vice Mayor Padovan and failed by a 1-5 voice vote. The vote was as follows: Councilmember O'Reilly voting Yes. Councilmembers Fried, Han, Reed, Vice Mayor Padovan and Mayor Festa voting No. Scott Bass, 201 Galen Drive; Carol Mullen -O'Leary, 444 Fernwood Drive addressed the council. Councilmember Han addressed the council on the traffic lights on the Causeway and made a motion to authorize the manager to contact the Metropolitan Dade County Public Works Department on the way these lights are currently operating: There was no second to the motion. Village Attorney: Discussion of proposed ordinance governing the operation of antennae and antennae towers within the Village. The attorney stated that there is no need for furtherregulation: on this matter. The attorney presented to the Council an ordinance on Lobbying contracts on Quasi -Judicial Matters for their review and it will be brought up, on first reading, at next council meeting. 5 of February11, 1997 The attorney read the proposed amendments to the Noise ordinance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 17 "NOISE" OF THE CODE OF THE, VILLAGE, OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND ANEFFECTIVE DATE. This ordinance was presented to council and will be brought up, on first reading, at the next council meeting. The manager was directed to send a courtesy copy of this ordinance to Tony Camejo. PROPOSES ORDINANCE OF,TIIE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING, CHAPTER 19 ."PARK RULES AND REGULATIONS" OF THE VILLAGE, CODE BY CREATING SECTION 19-16 "MOTO12 `VEHICLE 'PARKING LOT DECAL PROGRAM ' TO PROVIDE PREFERENCE TO RESIDENTS OF THE VILLAGE FOR PARKING IN CERTAIN AREAS . TO FACILITATE, OCEANFRONT' PA.RK ACCESS; PROVIDING FOR. SEVERABILITY, PENALTY, INCLUSIO`N IN THE CODE, IMPLEMENTATION AND AN EFFECTIVE DATE. This ordinance was presented to council and will be.brou, meeting. treading, at,thenext council The attorney addressed the council on general fund financing of the Stormwater Utility. The attorney looked into this matter and found there is nothing wrong for the Village choosing to pay for this through Ad -Valorem taxes. The other alternative is tocreatea special taxing district through an election.; The advantage of this option is that it would be included in the tax bill. Mayor Festa' suggested that the manager make an analysis on, this issue and bring it back: to council. CounciImember Reed asked that the manager contact resident Sam Davitian on this issue. The attorney presented to council the situation where they received a request from, the Key Biscayne Athletic Club for additional playing fields. The manager was directed to inform the Athletic Club that this: issue will be brought back at the Goals and Objectives Meeting,. Village Clerk: The clerk read a proclamation issued by the major recognizing "Love Your Neighbor Week" and aproclamation expressing condolences to the Family of Betty Evarts. The clerk also made an announcement that the last Charter Revision Commission Meeting will be broadcasted on Wednesday, Thursday and Friday' at 10:00 a.m. and 7:00 p.m. Village Manager:, The manager presentedto council the refinancing of the Stormwater Utility Construction Program Utility Revenue Bond Anticipation Notes Series 1995 Resolution No. 95-11, Ordinance 95-3 Renewal of $7:2 million bank loan. By council consensus it was agreed to extend this for two years The manager was directed to bring this back at the next council meeting in the form of a resolution,... 6of9 0 February 11, 1997 Sam Davitian, 720 Myrtlewood Lane addressed the council. The manager presented to council a request for additional lights in the Village Green. The manager requested authorization to look into this as to the cost of recreational lights and street lights and will bring back a report at the next council meeting. Carol Mullen -O'Leary, 444 Femwood Road addressed the council. The next hearing of the Special Master for L'Esplannade Shopping Center is set for Friday, January 24, 1997 at 10:00 a.m. The manager reported that there has been improvement on the issue of abandoned shopping carts on Village streets. The manager was directed to give an update at the next meeting as to where any warnings have been issued to residents removing carts from shopping centers. The manager reported that violation notices of the sign ordinance have gone to Amoco, Eckerd's, KFC and CityBank. Fes. Mr. Fritz Scharenberg, developer of the property at 200 Crandon Boulevard has requested a hearing date to show the council what his plans are. By consensus the date will be Tuesday, February 25, 1997, which is a Zoning Hearing meeting. A right-of-way request at 245 Ridgewood Road was presented to council. Mayor Festa recommended to defer this item until the Building. Planning and Zoning Department sets policies of do's and don'ts in the swales. The manager read -a petition. signed by residents, opposing the narrowing of vehicular traffic lane on Ocean Lane Drive. The manager was directed to have a workshop on this issue and bring back recommendations to Council. Raul Lastra, Village Planner addressed the Council on East Enid Parks/Walkway. He reported that the costs for the following are as follows: extending the brick path $42,500, construction of grading and site work $6,500, gazebo $15,000 to $20,000 excluding landscaping. The manager was directed to look at the letter from the developer to see if $250,000 donation could be used for improvements. Raul Lastra, Village Planner presented to council a completed report on the review of the construction documents for park pavilions and restroom facilities for the Village Green. Carol Mullen -O'Leary. 444 Femwood Road addressed the council. 7of9 1 February 11, 1997 The manager presented to council, for their information, a. list of some of the building construction unpleasantness. A date of April 1, 1997 was set for the Local Planning Agency Public Hearing on Femwood Road rezoning. The mayor inquired about the sale of polo shirts with the Village's logo. The manager will bring an update on this issue at the next council meeting. Councilmember Han made a request that there be a format change on the Police Department's monthly report so that council is able to look at previous years statistics. The manager submitted the following informational items: monthly departmental reports (December); Memorandum to Mayor and Members of the Village Council on Debt Cap Mailing, dated January 28,1997; Debt Cap Ordinance executed copy AN ORDINANCE OF THE VILLAGE OF KEY ,BISCAYNE, F,LORIDA, AMENDING CHAP I ER 25 OF THE VILLAGE CODE "TAXATION"; PROVIDING DEFINITIONS; PROVIDING LIMITS ON LONG TERM DEBT OF THE VILLAGE; PROVIDING LIMITS ON RESERVE FUNDS; REQUIRING SURPLUS FUNDS TO BE USED EITI-IER TO REDUCE DEBT OR TAXES; PROVIDING THAT LONG TERM DEBT LIMITS MAY BE EXCEEDED WITH VOTER APPROVAL; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DACE; proposed 1997 Goals and Objectives; Letter from Armando Vidal, Metropolitan Dade County Manager, regarding the Ina Strategy Task Force, dated January 23, 1997 letter from Lynn Vhisenhunt, General Manager, Adelphia Cable, dated January 28, 1997; letter to Jerry Klein, Senior Executive Director, Dade County Public Schools, dated January 30, 1997; letter from Representative Luis Morse, Co- President Dade Days '97, Dade County, Inc. dated February 1997; January 1997 Monthly Report Pesky Critters; January 1997 Monthly Report Key Biscayne Chamber of Commerce; Charter Revision Commission Meeting Schedule. 11. OTHER BUSINESS/GENERAL DISCUSSION 12. SCHEDULE OF FUTURE MEETINGS/EVENTS; A schedule of future meetings was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. 8of9 0 0 February 11, 1997 Res egtfully submitted: jar Conchita H. Alvarez Village Clerk Approved by the Village Council this 25t1: day of February, 1997: / John F. Festa ayor IFA 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 THE APPEAL IS TO BE BASED. 9of9 FORM 8B MI:MOIJANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MAMBO!. BOARD, COUNCIL, COMMISSION, nuTHORr' Y.INt COMMIES LAST NAME FIRE I' NAME worn NAME Gregory Han MA1f rNC Ar)nRIS'ti:. 685 Curtiswood Dr. Cal Y OA I ON wtif H V 'tE OC Uintrn Tyr ENCII.COMMISSION, AtrrlRIRtTY OR COMMITTEEON WHICH 1 SERVE IS A UNIT rip k cur 0 COUNTY 0 OTHER t OCAL AnENCY NAME of ror.n1CA1. SU sraviSloli; position Is; Stelmyr. PO. WHO MUST FILE FORM 85 elected This form is for use any person servingat c e o s. equally other members ol of advisory of p and non -advisory batheso an ointedtor. am presented council, commission. author/W,-ef CDMIlli ./ - - with a voting conflict of interest under Section 112-3143, Florida Statutes- reSt will vary y ng on -w nether yibilhol under cti law whenappointcedtive wo idon. For his reason, please pay dosettentiona measure in which you have a concha Of eto the instructionsion this foam on -whether you holden elective or appointive Po .. .. . . . before completing the reverse side and filing the form. tin an a measure dectlxi ar appointed tonal officer also is prohibited from knowingly voting on a A person holding elective or appointivecounty, municipal, or other local public office US in the vexing measure INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112314$ FLORIDA STATUTES M - "T ABSTAIN from which inures tot hts a sped palate oat a. Each , which inures to tlx. special gain of a principal (other than a government agency) by whom he '> retained (including parent organvatioa or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special officer gain of a business associate.tax districts elected n of one -sere, onredevelopment ote bass are noott prohibited from voting in that capacity.ncies under Sec. 163356 or 163357, 5.. and For purposes of independent speciala For purpon l wof this law, a daughter -its -law. includes'business only the nfficcte father, mother, son, da" means any person te tit', husband, wife, father in-law, or carrying en a businessmother-in- law, son-in-law, and officer as airt art l joint venturer, coo1vfer of property. or corporateshareholder(where the shares of the enterprise with the of ed as a national J t regional stock exchange). txtrlRmttinn are not feted on any national o[ ELECTED OFFICERS: PRIOR TO THE VOTE BEING. TAKEN by pubitdy stating to the assembly the nature of your interest which you, arc abstaining from lading; and WITHIN 15 DAYS AFTER. THE VOTE OCCURS by completingand filing this form with the pe recording the minutes, of the meeting, whit should incorporate the form in thc minutes. n addition to abstaining from voting in the situations described above you must disclose the conflict n the measure on APPOINTED VFFICP.R.ce _ yAlthouh you must ab in from voting in nig ons d ried above. you otherwise may ou must disclose the nature of the conflictbefore situaiinakr g any attempt to influence the decision, whether rally whether made by you or at your. direction. I. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEET THE VOTE W1,L BE -T-AK EN: 1 • You must complete and file this form (before n1a1in any attempt to influence the decision) with the pers recording the minutes of the meeting, who will irtut'p.orate thCfortn in the minutes. • A copy of the form must be provided: imme iately-to the other members of the agency. • The form must be read publicly at the next Meeting after thc form is filed. CE FOR M sa - 10-91 r»n rtsponsibte far ;tatters. However. Or in writing and NG AT WHICH n responsible for PACE. MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 18, 1997 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 Mortimer Fried, Gregory Han, Christina Reed, Betty Sime, Vice Mayor Michele Padovan, and Mayor John Festa. Councilmember Hugh O'Reilly was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Stephen Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: No minutes were submitted for approval. 4. AGENDA: There were no changes. 5. SPECIAL PRESENTATIONS: There were no special presentations. 6 ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REZONING THE 0.69 ± ACRE PARCEL OF LAND LOCATED AT ONE CRANDON BOULEVARD FROM BU -LA (LIMITED BUSINESS DISTRICT) TO RU -3M (MINIMUM APARTMENT HOUSE. DISTRICT), PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. The attorney addressed the council on this issue. Councilmember Fried made a motion to adopt this ordinance. Vice Mayor Padovan seconded the motion and it was adopted by a 5-0 roll call vote. The vote was as follows: Councilmembers Fried, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han abstaining due to conflict of interest. 1 of 6 February 18, 1997 7. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE DADE COUNTY LEAGUE OF CITIES INC. 1997 LEGISLATIVE PRIORITIES, PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve this resolution. The motion was seconded by Vice Mayor Padovan. Councilmember Reed made an amending motion to delete Section 8; The,amending motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The resolution as amended was approved by a 6-0 voice. vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE FLORIDA ALLIANCE FOR SAFE IIIGHWAYS' (FLASH) AGENDA FOR LIMITING TRUCK SIZE AND WEIGHTS TO THOSE PRESENTLY IN FORCE IN FLORIDA AS OF THE1 DATE OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve this resolution. The motion was seconded by Counciimember Reed and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime,Vice Mayor Padovan and Mayor Festa voting Yes. 8. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers: Proposed 1997 Goals and Objectives. Raul Lastra, Village Planner addressed the council on the Crandon Boulevard Beautification program. 1. Crandon Boulevard: Planting Trees • Bus Shelters • Planting Sod • Curbing • Extending/Widening Sidewalk to Park 2 of 6 February 18, 1997 Councilmember Han made a motion proceed with the curbing on Crandon Boulevard. The motion was seconded by Vice Mayor Padovan and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Han, Sime and Vice Mayor Padovan voting Yes. Councilmember Reed and Mayor Festa voting No. Ed Meyer, 100 Sunrise Drive addressed the council. Crandon/Planning/When? • Underground Utility Wires # 3 • Harbor Intersection #2 • Entrance Sign #2 Councilmember Han made a motion to start this year the study process of underground wiring. The motion was seconded by Councilmember Sime. Mayor Festa made an amending motion to start the study process three years from now. The motion was seconded by Vice Mayor Padovan and approved by a 5-1 voice vote. The vote was as follows: Counciimembers Fried, Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Sime voting No. The motion as amended was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Sime voting No. Ocean Lane Drive: • Improvements #2 Sidewalks • Major streets (both sides) #3 • Other streets (interior) #3 Beach Preservation • Long Term Plan #3 Bay Access #3 Police/Fire Permanent Facilities #2 Re-evaluate Grant Program #2 3 of 6 February 18, 1997 arbor Drive Improvements: Bus circle Traffic, calming. Sanitary Sewer • Planning • Vote on Special Taxing District a. Fernwood/Rest of Island b. Holiday Colony Village Facilities: • Acquire Land a. Public Safety Building b. Village Center including a Community Center Note: The manager was directed to prepare an inventory of buildings and/or land that are for sale. Ocean Lane Drive Planning Sidewalks: • West Heather and West Wood a. Planning b. Workshop c. Construction Mayor Festa made a motion to have sidewalks on major streets (both sides) as priority #3. The motion was seconded by Vice Mayor Padovan and approved by a 5-1 voice vote. The vote was as follows: Counciimembers Fried, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han voting No. Beach Preservation • Implement plan to nourish beach • Build walkway Development of Ocean Park • Development • Beach Parking • Grand Bay Access 0 4of6 February 18, 1997 9. Public Relations/Communications • Review • Village Voices The manager was directed to bring back an overview on community involvement. Scott Bass, 201 Galen Drive addressed the council. Staff was directed to bring back to council an Assessment Status Report on Impact Fees. 10. Environmental Awareness • Remove invasive exotics from right-of-way Program to remove exotics from private property Councilmember Sime committed herself to call Commissioner Morales in reference to an audit of the County Budget in order to reduce County Tax. 11. Schools • Assist community in study of charter school for Key Biscayne Michael Kahn, 881 Ocean Drive addressed the council. 12. Virginia Key • Work with County and City 13. Community Center • Survey Results • Focus Groups • Planning process 14. Residential Street Lighting • Replacing existing lights with village character lights • Special Taxing District The attorney was directed to look into the requirement of streetlights on streets with sidewalks. 15. Inventory uses of swale • Parking non conforming • Planting • Paving • Grading • Driveways (approaches) 5of6 February 18, 1997 • Inventory Street Corners radius --possible reconfiguration • Remove hazardous conditions 16. Construction Policy • Begin development of policies A summary of the goals and objectives is attached as Exhibit "A". Village Attorney: The attorney did not submit a report. Village Clerk: The clerk did not submit,a report. Village Manager: The manager submitted thefollowing informational item: Minutes of the Key Biscayne Chamber of Commerce, Merchandising Committee, dated February 13, 1997 9. OTHER BUSINESS/GENERAL DISCUSSION 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 11. The meeting was adjourned at 11:05 p.m. Res, ally submitted: Conchita H. Alvarez, Village Clerk Approved thisilit day of March ,1997:• Jo F. Festa ayor IFA 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6 F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE h EE71NG: • You must disclose orally the nature of your, conflict in the measure before panicipaling- I s You must complete the form and file it whitin IS days after the vote oceihs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided itmnediately to the other members of the agency, and the form must ;be read publicly at the next meeting after the form is filed, Gregory Han DISCLOSURS OF LOCAL OFFICER'S INTEREST . hwraby diwloee that on .2191197 19 (a) 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 my relative! X inured to the special gain of i b whom 1 am retained; or by to the special gain of _ is the parent organization or sufnidiary pia principal which h•e retained mo. (b) The measure before my agency and the nature of my conflicting interest hi the measure is as follows: The company, Pankey Institute, who was the beneficiary of a zoning decision is one of my professional clients. 1 have sold products to Pankey Institute and will potentially sell products to Pankey lnsitute in the future. �i4f79P �0% Date Filed 2-V Signature which 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 T'IE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PE)v4ALTY NOT TO EXCEED 55,000. CEf FORM BB -1691 PAGE 2 TOTAL P.03 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 25, 1997 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:06 p.m. Present were Couneillmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor Festa. Councilmember Christina Reed was absent. Also present were Village Manager 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 Council Meeting of February 11, 1997, were adopted by unanimous consent. 4. AGENDA: The following changes were made to the agenda: Councilmember O'Reilly requested the addition of discussion regarding a Veteran's Memorial as Item 9A1; Councilmember Sime requested the addition of a request for the upcoming special election as Item 9A2; Mayor Festa requested the addition of discussion on Aircraft Noise Resolution as Item 9A3, the addition of Dade County League Delegation, Round Table of Mayors, Meeting on Friday, February 28, 1997 as Item 9A4 and discussion on procedures to follow for purchasing land as Item 9A5. 5. ' SPECIAL PRESENTATIONS: There were no special presentations. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 17 "NOISE" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILTI'Y; INCLUSION IN THE CODE AND 1 of 6 February 25, 1997 AN EFFECTIVE DATE. The mayor opened the public hearing. There were no speakers. The mayor closed the public hearing. Vice Mayor Padovan made a motion to adopt the ordinance. The motion was seconded by Councihnember Fried and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read the following ordinanee,con firstreading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 19 "PARK RULES AND'REGULATIONS" OF THE VILLAGE CODE BY CREATING SECTION 19-16 "MOTOR VEHICLE PARKING LOT DECAL PROGRAM" TO PROVIDE PREFERENCE TO, RESIDENTS OF THE VILLAGE FOR PARKING IN CERTAIN AREAS; PROVIDING FOR SEVERASILITY, PENALTY, INCLUSION IN THE CODE, IMPLEMENTATION AND AN EFFECTIVE DATE. Councilmember Fried made a.motion to adopt the ordinance. The mat Councilmeinber.0'Reilly. as seconded by Councilmember Sime made a motion to amend Seetion 19-16 (c)(1) to renew the decal every two (2) years. The motion was seconded by Councilmember O'Reilly and failed by a 2-4 roll call vote. The vote was asfollows: Councihnembers O'R i1ly and,Sime voting Yes. Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting No, Councilmember Han made a motion to amend Section (c)(3) to say "The decal shall be displayed on the vehicle as designated by the Village Manager". The motion was seconded by Councilmember Sime and approvedd) by n 6-0 roll call vote_ The vote was as follows, Counciltnembers Fried, Han, O'Reilly, Shire, Vice Mayor Padovan and Mayor Festa voting Yes, Haydee'Archibald, 881 Ocean Drive; addressed the council. 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 CODE OF KEY BISCAYNE, FLORIDA; CREATING „SECTION 30-26 PROHIBITING EX-PARTE COMMUNICATIONS WITH LOCAL GOVERNMENT OFFICIALS ON QUASI- ' JUDICIAL MATTERS; AUTHORIZING A PROCEDURE FOR S1'1E VISITS; PROVIDING` FOR SEVERABILLTY;. ,INCLUSION IN THE CODE AND AN EFFECTIVE DATE 2of6, 0 `.w February 25, 1997 The mayor opened the public hearing. There were no speakers. The mayor closed the public hearing. Councilmember Fried made a motion to adopt the ordinance. The motion was seconded by Councilmember Sime and adopted by a 6-0 roll call vote. The vote was as follows: Conncilmembers Fried, Han,O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The clerk read 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; AMENDING ORDINANCE NO 95-3, TO CLARIFY THAT THE MATURITY DATE LIMITATIONS ON THE BOND ANTICIPATION NOTES ISSUED PURSUANT THERETO DO NOT APPLY TO ANY EXTENSIONS OR RENEWALS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Padovan made a motion to adopt the ordinance. Councilmember Fried seconded the motion and it was adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The manager addressed the council on this issue. The mayor opened the public hearing: Sam Davitian 720 Myrtlewood Lane addressed the council. The mayor closed the public hearing. By council consensus the attorney was directed to look into how this would relate to the dept cap ordinance. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE IV "FINANCE" BY CREATING DIVISION 3. "SALARY" TO ENACT SECTION 2-59 "SALARY CAP" ESTABLISHING A SALARY CAP IN THE AMOUNT OF 5105,000 AS THE MAXIMUM ANNUAL SALARY THAT CAN BE PAID BY THE VILLAGE TO ANY EMPLOYEE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE ra Councilmember Fried made a motion to adopt the ordinance. The motion was seconded by Mayor 3of6 February 25, 1997 C) Fes The mayor opened the public hearing. There were no speakers. The mayor closed the public hearing. Mayor Festa made a motion to defer the ordinance to the next council meeting.. Vice Mayor Padovan seconded the motion and it failed by a 3-3 roll call vote. The vote was as follows: Couneihnembers O'Reilly, Vice MayorPadovanand Mayor Fester noting Yesz Couneilmembers Fried, Han and Sime voting No. Counezlmember Fried tailed for the questionwhich was seconded by Councilmember Sime and failedbea 4-2,voieevote. Councilmembers Fried, Han, Sime and Vice Mayor Padovan voting Yes. CouncilmemberO'Reilly and Mayor Festa voting No. ; J2FS•O-LITTIONS There were no resolutions. 8. PUBLIC HEARINGS: All witness giving testimony in the folio3 sworn in by the clerk. Hearing Number 97 -0225 -VC -01. Branaidi, -Inc. DBA, Linda B. Steak House, 320 Crandon Boulevard, the applicant requested a proposed monument sign to replace the existing monument sign in the same location -to read as "LINDA B. STEAK HOUSE". John Little, Director of Building,.. Zoning and Planning addressed the council with staff's recommendations. Linda Branding, representing Linda B Steak House, 320 Crandon Boulevard addressed the council. Mayor Festa made a motion to defer this hearing to the next council meeting of March 11, 1997. The motion was seconded by Councilmember Sime and approved by a 5-1 roll call, vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Fried voting No;,; Hearing Number 97 -0225 -VC -02. Finivest Investments, Inc., 200-240 Crandon Boulevard, the applicant, a public' presentation was made by the owner and agents of 200-240 Crandon Boulevard with regards to the future development of the subject property,. Jorge A. de la Llama, 7400 S.W. 50th Terrace, Suite207, Miami representing the applicant, made the presentation to the council. Fritz Scharenberg, 240 Crandon Boulevard, Suite 212, addressed the council.. 4of6. February 25, 1997 Raul Lastra, Village Planner, addressed the council on this project. Conchita Suarez, 201 Crandon Boulevard; Paul Matassi 255 Galen Drive; Fritz Scharenberg, 240 Crandon Boulevard, Suite 212, addressed the council. 9. REPORTS AND RECOMMENDATIONS: Mayor and Councilmembers. Councilmember O'Reilly read a letter from William J. Hodgson and made a motion to approve in principal a Veteran's Memorial on the Village Green. The motion was seconded by Mayor Festa and approved by a unanimous voice vote. Haydee Archibald, 881 Ocean Drive addressed the council. Councilmember Sime made a request for the upcoming special election to look at the records for office building addresses. The clerk reported that she had already done this and would call the Dade County Supervisor of Elections to get the outcome of this research. Mayor Festa requested that the manager bring back to the next council meeting a resolution stating our concerns on the aircraft noise issue and after approval send it to the County, State Senators and Congresswoman., By council consensus the manager was directed to draft a resolution addressing this issue. Mayor Festa requested for input from Councilmembers of issues they would like for him to present at the Dade County League Meeting this Friday. The following items were suggested: beach renourishment, playing fields, aircraft noise, mandated revenue sharing, preemption provision by the state on the ethical commission. Mayor Festa presented some suggestions as to the procedures to follow when purchasing land. Village Attorney. The attorney did not submit a report. Village Clerk. The clerk read a letter from Mr. Thomas A. Ziebart, Vice -President, Exclusive Sports Marketing, Publix Super Markets, dated February 10, 1997 requestingapproval for a Gatorade Triathlon that will take place on Sunday, May 5, 1997 at 7:00 a.m. on Key Biscayne. Councilmember Sime made a motion to approve the request. Vice Mayor Padovan seconded the motion and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. By Council consensus staff was directed to bring back to council a report oon how permits are obtained to use the Green and the use of the Village Green for playing soccer. 5of6 February 25, 1997 Councilmember Sime gave a brief summary of the Charter Revision Commission meetings and stated that a final report will be included in the agenda package for the Council meeting of March 11, 1997. Village Manager. The manager presented the following information items: a, Commentary by President, American Coastal Coalition: "The President's Budget: Shore Protection Takes A Hit!" "E-Mail"letter from Juan A.>Michelena,'800, harbor=Drive, dated February 9, 1991: 10. OTHER BUSINESSIGENERAL DISCUSSION 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events wastpresented to the Council andpublic. 12 ADJOURNMENT: The meeting adjourned at 9;20 p.m. Res; Coneliita H Alvarez Village Clerk Approved by the Village Council this Ilth day of March , 1997: IFA PERSON DECIDES TOAPPEAL ANYDECISIONMADE.BYTHE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED A TA 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; WHICHRECORD;INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH11,1997 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 Mortimer Fried (arrived 7:09 p.m), Gregory Han, Christina Reed, Hugh O'Reilly, Vice Mayor Michele Padovan and Mayor John Festa. Councilmember Betty Sime was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attomey Richard Weiss. 2. INVOCATION: Reverend Timothy Leighton, Key Biscayne Community Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance 4. APPROVAL OF MINUTES: The Clerk offered technical corrections to the minutes of the Special Council Meeting of February 18, 1997 and to the minutes ofthe Special Council Meeting of February 25, 1997. The corrected minutes of the Special Council Meeting of February 18, 1997 and the minutes of the Special Council Meeting of February 25, 1997 were approved by unanimous consent.. 5. AGENDA: Mayor Festa requested that Item 11-D-6 be heard as Item 11-A-8 and that Item 11-D-7 be heard as Item 11-A-9. 6. SPECIAL PRESENTATIONS: Michael Kahn, Vice Chairman of the Charter Revision Commission presented the Final Report to the Council and public. Mayor Festa and Councilmember O'Reilly thanked the Charter Revision Commission for a job well done. 7. PUBLIC COMMENTS: Ray Sullivan, 625 Harbor Circle addressed the Council regarding the sign ordinance; Max Puyanic, 480 S. Mashta Drive addressed the Council regarding the condition of the house next to his on S. Mashta Drive; Craig & Cristina Mattocks, 177 Ocean Lane .Drive;, Dorothea Bailey, 338 West Heather Drive; Bob Skinner, 561 Sable Palm Drive addressed the Council regarding the racoon issue; Richard Silver & Ron Gafni, 2960 N.W. Boca Raton Boulevard, 1 of10 March I7, 1997 Boca. Raton addressed the Council. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REZONING THE 0.59 f ACRE PARCEL OF LAND LOCATED AT ONE CRANDON BOULEVARD FROM BU -IA (LIMITED BUSINESS DISTRICT) TO RU -3M (MINIMUM APARTMENT HOUSE DISTRICT); PROVIDING: FOR SEVERABIIITY; AND AN EFFECTIVE DATE. John P. Little, Director of Building, Zoning and -Flaming stated his recommendation for approval. All witnesses were sworn in by the Clerk:. The Mayor opened the public hearing. Charles Kaleta, 150 Southeast,2nd Avenue, Miami, representing Robert Matheson & sisters, addressed the Council. ie Mayor closed the public ncaring. Councilmember O'Reilly made a motion to approve the ordinance. The motion was seconded by Vice Mayor Padovan and approved by a 5-0 roll call vote: The vote was as follows: Cauncilnembers Fried,O'Re11y, Reed, Vice Mayor Padovan and Mayor Festa voting Yes; Councilmember Han abstained from voting due to :conflict of interest. The Clerk read the following, ordinance; on second reading, by title: AN ORDINANCE,. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 17 "NOISE" OF THECODE OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The Manager and the Attorney addressed the council on this ordinance. The Mayor opened the public hearing. Tony Camejo, 151 Crandon Boulevard; Conchita Suarez, 201 Crandon Boulevard; Tim O'Neill, 210 Seaview Drive addressed the council. The mayor closed the public hearing. Mayor Festa made a motion to adopt the ordinance. The motion was seconded by Councilmember Fried Councilmember Han made a motion to change the wording before and after the time language. Mayor Festa seconded the motion and was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han,, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly made a motion to strike Section 17-5. Exemptions (a) The motion was seconded by Councilmember Reed and failed by a 2-4 roll call vote. The vote was as follows: 2of10 0 March 11, 1997 Councilmembers O'Reilly and Reed voting Yes. Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting No. The ordinance as amended was adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF 1'HE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA; CREATING SECTION 30-26 PROHIBITING EX-PARTE COMMUNICATIONS WITH LOCAL GOVERNMENT OFFICIALS ON QUASI- JUDICIAL MATTERS; AUTHORIZING A PROCEDURE FOR SITE VISITS; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Festa made a motion to adopt this ordinance. The motion was seconded by Councilmember Fried and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on second reading, by title:. AN ORDINANCE OF 1'HE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING TITS EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995; AMENDING ORDINANCE NO. 95-3, TO CLARIFY THAT THE MATURITY DATE LIMITATIONS ON THE BOND ANTICIPATION NOTES ISSUED PURSUANT THERETO DO NOT APPLY TO ANY EXTENSIONS OR RENEWALS; AND PROVIDING FOR AN EFFECTIVE DATE The Manager, the Attorney, Percy Aguila and Jeff DeCarlo from Rauscher, Pierce Refsnes, Inc. addressed the council on this issue. The Mayor opened the public hearing. Sam Davitian, 720 Myrtlewood Lane, addressed the council. The Mayor closed the public hearing. Mayor Festa made a motion to adopt the ordinance. The motion was seconded by Councilmember r Fried, 3of 10. March 11, 1997 Mayor Festa made a motion to change the term to 364 days. ;the motion -was seconded by Councilmember Reed and approved by a 6-0 roll call vote. The 'vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The ordinance as amended was approved by a 6-0 roll call vote. The, vote was. as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. ade a motion to reconsider the ordinance. The motion was seconded by Councilmcnbbr Reed and approved by a 6-0 voice vote. The vote was as follows:' Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and MayorFestavoting''Yes • . Mayor Festamade a motiort'`to amend the language to say "78% or less" as suggested by staff. The motion was'seconded' y Councilmember Reed and approved by a 6-0 roll vote. The Vote was as foliows:''fiouiici!n embers Fried. Ian,}O'Reilly Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The ordinance as amended was adopted- by a 6-0 roll rail vote. , The vote was as, follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes; RESOLUTIONS: The Clerk read the followingresolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO. 95-11, TO EXTEND THE MATURITY DATE AND CHANGE rtit, INTEREST RATE ON THE BOND ANTICIPATION NOTES ISSUED PURSUANT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. Councilmember O'Reilly seconded the motion. Mayor Festa made a motion to amend the resolution to change the tenri to 364 days. The notion was•secondel by Couneihnember Reed and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed; Vice Mayor Padovan and'Mayor Festa voting Yes. Mayor Festa made a motion to amend the language to say "78% or less". The motion was,seconded by Councilmember O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festamade a motion to approve the resolution as amended Vice Mayor Padovan seconded the motion and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. 4of10 Q March 11, 1997 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE CITIZENS OF KEY BISCAYNE TO PETITION IN SUPPORT OF RESOLUTIONS 93-15, 93-24, AND 94-10, URGING THE FEDERAL AVIATION ADMINISTRATION TO ADDRESS THE PROBLEM OF HIGH NOISE LEVELS FROM AIRCRAFT FLYING OVER THE VILLAGE OF KEY BISCAYNE PROPER; PROVIDING FOR AN MitECTIVE DATE. Councilmember Fried made a motion to approve the resolution. Mayor Festa seconded the motion: Mayor Festa made a motion to amend the resolution to include Mayor Alex Penelas in the distribution list. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and. Mayor Festa voting Yes. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF 1HE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CHANGE ORDERS TO 111E CONTRACT, ATTACHED, WITH MEF CONSTRUCTION, INC., MIAMI, FLORIDA FOR ADDITIONAL DRAINAGE, PAVING AND TRAFFIC CALMING IMPROVEMENTS, ORIGINAL CONTRACT AUTHORIZED MARCH 12, 1996; PROVIDING FOR AN EllECTIVE DATE. Raul Lastra, Village Planner and Carroll Sanders, from William Hatfield and Stoner addressed the Council. Vice Mayor Padovan made a motion to approve the resolution. Councilmember Fried seconded the motion and it was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried,, Han, O'Reilly, Reed and Vice Mayor Padovan voting Yes. Mayor Festa voting No. The Clerk read the following resolution by title: ABSOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING Hl FLORIDA LEGISLATIVE DELEGATION TO REPEAL THE PREEMPTION LANGUAGE CONTAINED IN F.S. CHAPTER 386.109. 1'HL CLEAN INDOOR AIR ACT; AND TO RESTORE 1 HL RIGHTS OF MUNICIPAL11IESTO ENACT MORE 5of10 March 11, 1997 STRINGENT LOCAL ORDINANCES AUGMENTING t't[E STATE REQUIREMENTS; PROVIDING FOR AN EFFECTIVE DATE. ayor Festa made a motion to add this resolution to the agenda. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The votewas as follows: Councilmembers'Fried, Han, O'Reilly, Reed, Vrree Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made a motion to approve the resolution. The motionwasseconded by Councilmember Han and failed by a 3-3 voice vote. The vote was as follows: Councilmembers O'Reilly, Vice Mayor Padovan and Mayor Festa-voting Yes. '''Counci nembers Fried, Han and Reed voting No. 10 ` PUBLIC BEARINGS; All witness giving testimony in the following zoning hearings were sworn in by the Clerk: Hearing Number 97 -0225 -VC -01, Branaldi, Inc. DBA Linda B. Steak House, 320 Crandon. Boulevard, the applicant, pursuant to Section 28-7 of the Key Biscayne Code, requested a proposed monument sign to replace the existing monument sign in the same location read as "LINDA B. S 1 LAK HOTISE"; John Little, Director of Building, Zoning and Planning addressed the council recommending approval with the following conditions: 1) That the maximum sign height be four feet (4') from the ground elevation to the top extremity of the proposed sign, in other words, the 22 -inch sign post be eliminated; 2) That the applicants re -locate the proposed sign to be twentyrfeet>(20') from the edge of the driveway in the north entrance leading to Crandon Boulevard and minimum five feet (5') from the right-of-way line; 3) That the applicants comply with the landscape requirements as established in the section 28-0(g) of the Village Code. The Mayor opened the public hearing. Linda Brandin, 320 Crandon Boulevard; Concluta Suarez, 201 Crandon Boulevard; Michael Kahn, 881 Ocean Drive; Heidi Archibald, 881 Ocean Drive addressed the council. The Mayor closed the public hearing. Councilmember Fried'made a motion to approve the tenors and conditions of the application without staffs recommendation. The motion was seconded by Councilmember O'Reilly and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han voting No. Councilmember Han made an amending motion to require the applicant to move the sign to the location recommended by staff if another sign is installed on the property. The motion died. for lack of a second. 6of10 0 March 11, 1997 Mayor Festa made a motion to let the applicant change the language on the sign to. say "Steaks, Seafood and Pasta". The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice voter The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The sign as amended was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han voting No. Hearing Number 97 -0311 -VC -01. Robert H. Matheson, Jr., Anna Matheson, Christine. Anderson and DorothyCuayo, 1 Crandon Boulevard, requested an unusual use to allow the construction and operation of a continuing or post -graduate professional education, facility, including administrative offices, laboratories, audio and visual facilities, classrooms and other related or incidental uses on the property located at 1 Crandon Boulevard. Director Little addressed the Councilrecommending approval of the request. The Mayor opened the public hearing. Charles J. Kaleta, Jr: 150 S.E. 2nd Avenue, Suite 300, Miami; Mark Fried,, 1110 Brickell Avenue, Miami addressed the Council. The Attorney addressed the Council on this request. The Mayor closed the public hearing. 0: Mayor Festa made a motion to approve the request. The motion was seconded by Councilmember O'Reilly and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han abstaining due to conflict of interest. Hearing Number 97 -0311 -VC -02. Robert H. Matheson, Jr., Anna Matheson, Christine Anderson and Dorothy Cuayo, 1 Crandon Boulevard, requested a non-use variance of the thirty percent (30%) maximum allowed lot coverage requirement to permit thirty-two point five percent (32.5%) of the lot coverage for the proposed post -graduate education facility to be located at 1 Crandon Boulevard; a non-use variance ofthe thirty-five foot (35') maximum allowed overall building height requirement to permit a total building height of fifty seven feet (57') for the proposed post -graduate education facility to be located at 1 Crandon Boulevard; a non-use variance of the two story of the maximum allowed building height requirement to permit an overall building height of four story for the proposed post -graduate education facility to be located at 1 Crandon Boulevard; a non-use variance. of the zero point five (0.50) maximum allowed floor area ration (FAR) requirement to permit a maximum far of zero point eight (0.80) for the proposed post -graduate education facility to be located at 1 Crandon Boulevard. Director Little addressed the Council recommending approval of the request. The Mayor opened the public hearing. Charles J. Kaleta, Jr., 150 S.E. 2nd Avenue, Suite 300, Miami, representing the applicant; Chris Sager, 335 Harbor Drive and Mark Fried representing the Ocean Village 7of10 March 11, 1997 Condominium addressed the coutieil_ The Mayor closed the public hearing: Councihner her Fried made a motion 'to approve the request. The motion, was seconded by Councilmember O'Reilly and approved by a 5-0 roll call vote. The, vote, was as follows: Councihnembers Fried,O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Couneihnember Han abstaining due to conflict of interest 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and''Councilmembers. Mayor Festa made a motion to defer the following; items to a continuation meeting on March 18, 1997: Item 11-A-1 Proposed 1997 Goals and Object bes; Item 11-A-2 Goals and Objectives,•(Viee Mayor Padovan); Item -11-A-3 Request of; Town of Surfside, February 27,1'997 letter; Item 11-A-4 GolfCart - Crandon Boulevard/Harbor Drive (MayorFesta) Item 11-C-1 Village Clerk report on Voter Registration Addresses under Village Manager Item 11-D-1 Impact Fees; Item 11-0-2 Mao Dade Water Improvement Project; Item II -D-3 Party in the Park. Couneiimerniber Reed seeonded th& lotion and it was approved by a 6-0 voice vote The, vote was as follows: Cot:nciidtembers Fried, Han; O'Reilly, Reed, Vice Mayor Padovan and Mayor Festavoting Yes. Mayor Festa made an announcement informing the public that the Village's Annual Town Meeting will be held next Tuesday March 18, 1997 and 7:00 p.m. and thvited.everyone to attend. The Mayor requested staff to advertise the Town Meeting in`the Islander News, post ads in supermarkets and schools and send a flyer out to the residents. Mayor Festa made a report on the Rickenbacker Causeway Proposed Toll Increase and encouraged the residents to go to the meeting on Thursday at the MAST Academy at 6:30 p.m: Haydee Archibald, 883 Ocean Drive addressed the council on this issue. Mayor Festa made a recommendation toappoint a committee of one councihnember, on the issue of the Ocean Front Park/KeyBiscayne Beach Club, to take the lead on this and come back to council as to what is' feasible, what the Beach Club might be interested m terms of entertaining a joint venture with the Village'and what it will take to: convince: the Couneil to do it, the owners of the property and the public, that is a good thing: to do. The Mayor recommended to appoint Councilmember Han to this comimttee, There were no objections to this recommendation. Village Attorney. The Attorney gave a brief report on the Charter Amendments made by the Charter Revision Commission and suggested that they should be reviewed carefully by Council, as soon as possible. 8of10 March 11, 1997 The Attorney suggested that Councilmembers send to his office the proposed Charter Amendments in order to expedite the process and have these ready for the continuation of this meeting on March 18, 1997. Mayor Festa made a motion to extend the meeting to 11:30 p.m. Vice Mayor Padovan seconded the motion and failed by a 3-3 voice vote. The vote was as follows: Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Fried, Han and Reed voting No. Councilmember O'Reilly made a motion to extend the meeting to 11:15 p.m. The motion was seconded by Mayor Festa and failed by a 3-3 voice vote. The vote was as follows: Councilmembers O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Fried, Han and Reed voting No. Mayor Festa made a motion to continue all items deferred at this meeting on March 18, 1997. The motion was seconded by Councilmember Reed and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The Mayor announced that if any member of this community wants to be a member of the Safe Neighborhood Park Bond Program - Citizen Oversight Committee to please get in touch with Commissioner Morales' office. The Manager offered that staff would help type the resume or any other type of help that they might need. The Attorney addressed the Council regarding the request from the Town of Surfside to intervene in their lawsuit against the County to show support. Mayor Festa suggested that the Attomey look into this matter and bring back this item to the Town Meeting of March 18, 1997. Councilmember O'Reilly made a motion to adjourn. The motion was seconded by Councilmember Han and approved by a unanimous voice vote. 12. OTHER BUSINESS/GENERAL DISCUSSION 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 14. ADJOURNMENT: The meeting was adjourned at 11:15 p.m. 9of10 March 11, 1997 Raped idly sti i tittedr` d/Seti Conchita H. Alvarez, Village Clerk Approved this 1st day of April1997: Jo F. Testa yor IFA 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 9F THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THEAPPEAL IS, TO RUB/MED. 10of10 MINUTES VILLAGE COUNCIL "TOWN MEETING" VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 18, 1997 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 Mortimer Fried, Gregory Han, Christina Reed (arrived at 7:10 p.m.), Betty Sime, Vice Mayor Michele Padovan 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. Mayor Festa welcomed residents to the Village's annual 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 1996 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; Finance and Administrative Services Director Jack Neustadt; Fire Rescue Chief John C. Gilbert; and Program Coordinator (Recreation. Department) Loren Matthews. The Mayor congratulated the Manager and staff for a great presentation.. The Mayor addressed the Council and the community regarding the Community Center and the Police and Fire permanent facilities. The Mayor opened the meeting for comments from the public. The following residents addressed the Council: Raul Llorente, 345 Cypress Drive regarding the Rickenbacker Causeway toll issue; Ernesto Alvarez, 261 Island Drive regarding speeding on Village streets; Grace Falk, 288 Seaview Drive regarding trash spilling out of receptacles, abandoned empty lots, cars parked on swales at 120 Crandon Boulevard, crossing intersection of Crandon and Seaview Drive, L'Esplannade Shopping Center and beautification on Seaview Drive; Marie Claire DuPeyroux, 425 Grapetree Drive regarding opposing curbing on Crandon Boulevard, odor from trashcans on the Village Green; Jacqueline de Leon, 650 Ocean Drive regarding dog excrements on 1 oft the streets, speeding on streets, Resolution 96=22 regarding -guest parking; Servando Parapar, 240 Cypress Drive commending; the Council on all accomplishments, Lipton banners scratching and damaging light poles; Bonnie Cooper, 77 Crandon Boulevard regarding the playing fields and the community center; Tom Gableon, 50 Ocean Drive complementing the Council and the community on its accomplishments; Herseh Barbary, 881 Ocean Driveregarding a sign for Ocean Drive; Steve Simon, 335 Harbor Lane regarding acquisition of playing,fields Antonio Aguirre, 798 Crandon Boulevard regarding the Village Greer and Playing,.fields; Pat Wweman, 940 Mariner Drive regarding land acquisition; Ann Donahue, 820 Harbor`:Drive regarding disability improvements; T.J. Donahue„ 820 Harbor Drive regarding thezeo1lection ofltrash and garbage at his house, requesting backyard pick=up;Mary Ray,,51~5 Bay Lane rel a ding ,io g, rinspeed Limit on streets; Joe Rasco, 310 West Heather Drive regarding rasketbai cour sand lights on t apllage,Green; Scott Bass, 2201 Galen Drive, regarding Virginia Key -4440, eo nnuntty center questionnaire, Mike" Kelly, 310 Palmwood Lane regarding the community center, landaacquisition, stormuwater drainage; public school and beach park; Ed Meyer, 100 Sunrise Drive regarding a dangerous pole in the beach in' front of Beach Club, Crandon Boulevard besntifacation (grand„Bay),; sa ety patrol on waterways and underground utility wires; Martha. Broucek, 170 Ocean`°LarieDrive canim tiding the Council for the work they l ave:done. regarding land acquisition, .renejg a trig the iboundaries £or -our. Village and the public school; Federico Padovan, 425 Grapetree Dri ,e regarding eleclrac,'cahs to lie; allowed on Crandon Boulevard and Harbor Drive; Mike,Bracken, 224- West Mashta Drivefregarding'statns of traffic calming project; Bonnie Cooper. 7 71.Crandoii,Boulevardlregarding e Virginia Key issue; Scott Bass, 201 Galen Drive regarding Virginia Key;' estto Alvarez, 26;1.lsland Drive regarding procedures to bring issues to the Council. erebeing to further business, the meeting was adjourned at 9:50 p.m. Approved this 1st day of April 1997: 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. 2 oft D 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 18 1997 (CONTINUATION OF MARCH 11, 1997 MEETING) 85 WEST MCINTYRE STREET, SECOND FLOOR The Mayor called the continuation meeting of March 11, 1997 to order at 10:00 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Christina Reed, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Councilinember Hugh O'Reilly was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. Dave Leahy, Supervisor of Elections, Metro -Dade County Elections Department, Ill N.W.. First Street, Miami addressed the Council on different options for the Village's upcoming election on Charter amendments. Councilmember Han made a motion to hold the Special Election by mail. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Attorney addressed the Council regarding the Charter amendments. Vice Chairman Michael Kahn, Charter Revision Commission, addressed the Council. Councilmember Han suggested to issue a Proclamation to the Charter Revision Commission members. The Clerk read into the record'a letter from Councilmember O'Reilly regarding powers of Initiative and Referendum to the people regarding debt. The Attorney addressed the Council on this issue. Councihnember Han made a motion to have the Attorney draft O'Reilly's proposal to be place in the ballot.' The motion was seconded by Mayor Festa and failed by a 1-5 voice vote. The vote was as follows: Councilmember Reed voting Yes. Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting No. Mayor Festa made a motion to have alternate language to the Charter Revision Commission's recommendation to Section 7.05. "to require a vote of 5 Councilmembers" on grants. Councilmember Sime seconded the motion and it was approved by a 6-0 voice, vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made a motion to amend the Charter to change the language regarding Charitable Contributions to say "such contributions as have been approved by 5 Councilmembers". The motion 1 of March 18, 1997 was seconded by Vice Mayor Padovan and approved by 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Manager addressed the Council regarding his intention to petition the Metro -Dade Environmental Quality Control Board (EQCB) for an extension of time to connect to the proposed sanitary sewer collection system which, pursuant to Section 24-13(7) of the Metropolitan Dade County Code, requires residential `properties;` tohook-up withinninety, (90) days of service availability. 'Councilman Han made a motion to delete #3 "A change in the property'sownership occurs; or". 'Counciltn ember Reed seconded the motion and failed by a 3-3 voice vote. The vote was as follows: ouric'ilmembers HHan;aeed andMayor• Festa voting. Yes:. Councilmembers- Fried, Sime and Vice Mayor Padovan voting No, Councilmember Han made a motion to delete #4 "Five (5) years have elapsed ,from the date of sewer availability." The motion was seconded by MayorFesta and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Fried voting No. Carlos Penn from C.A.P. Engineering addressed the Council. By Council consensus the Manager was directed to get the necessary dates changed on the time schedule for the sanitary sewer. Mayor Festa made a motion to extend the meeting to 1,1:15 pan, The motion was; seconded by Councihnember Fried: and failed by a 3-3 voice vote. Councilmembers Fried, Han and Mayor Festa voting Yes. Councilmembers Reed,; Sime and Vice Mayor Padovan voting No. Mayor Festa made a motion to instruct the Manager to make offers to the property owners of the land adjacent to the Village Green and adjacent to the Police Fire complex. The motion was "seconded' by Councilmember Ilan and approved by a 6-0 voice vote. The vote was as follows: 'Councihnembers Mortimer Fried, Gregory Han, Christina Reed, Betty Sime; Vice Mayor Michele Padovan and Mayor Festa voting Yes. Scott Bass, 201 Galen Drive addressed the Council. 'The Manager was directed to put together a list of other available propertiesfor sale and present it 'at the next Council meeting: The meeting adjourned at 11:01 p.m. 2 of 3 0 March 18, 1997 Respectfully submitted: Al6kfrA, oncliita H. Alvarez, Village Clerk Approved this 1st day of April 1997: • it 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 3 of MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 1, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to, order by the Chairman at 6:35 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Christina Reed, Hugh O'Reilly, Chairman Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Nina Boniske. 2. PLEDGE OF ALLEGIANCE: Chairman Sime led the Pledge of Allegiance 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. 4. AGENDA: There were no changes made to the agenda. 5. ELECTION OF NEW CHAIRMAN: Councilmember Fried made, a motion to nominate Betty Sime as Chairman. The motion was seconded by Vice Mayor Padovan. Councilmember O'Reilly made a motion to close the nominations. The motion was seconded by Councilmember Reed and approved by a unanimous voice vote. The Fried motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Chairman Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 6. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOMMENDING THE APPROVAL OF A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VII i AGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO FAMILY RESIDENTIAL -TOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. I of 2 Councilmember Fried made a motion to adop Mayor Padovan. Director of Building, Zoning and Planning, John Little, addressed the Council and the public explaining the amendment to the Comprehensive Master Plan. April 1,'1997 resolution. j The motion was seconded by Vice Cart Ringi, 735 Fernwood Road; Michael King, 745 Fernwood Road; George Albany, 762 Fernwood. Road; Beth Reed, 738 Fernwood Road; Carol Mullen O'Leary, 444 Femwood Road, addressed thetouncil a . Chairman Sirne read• a letter from the following residents opposing the rezoning;of Fernwood:. George & Mary Albanest, 762 Fernwood Road; Henry Duncombe, 798 Fernwood Road; Paul., Malavenda, 785 Fernwood Road, Hilary & Steve Fad, 775 Fernwood Road; Mr. and Mrs. Martinez, 714 Fernwood Road. • • Mayor Festa made a motion' to defer the motion that is on the floor to a future LPA meeting. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Couneilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 7. OTHER BUSINESS/GENERAL DISCUSSION: Threre was, no further business discussed, ADJOURNMENT: The meeting was adjourned at 7:10 p.m. uu�llyy�s�,ub _ led: a H. Alvarez, Village Clerk Approved this 29th day of April ,1997: IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BYTHE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER CONSIDERED AT A MEETING 01? 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 LS' TO BE BASED. 2 of 2 0 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 1, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:10 pm. Present were Councihnembers Mortimer Fried, Gregory Han, Christina Reed, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Nina Boniske and Gilberto Pastoriza. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance 3. APPROVAL OF MINUTES: The minutes of the Regular Council meeting of March 11, 1997, the minutes of the Town Meeting of March 18, 1997 and the minutes of the continuation meeting of March 11, 1997 were approved by unanimous consent. 4. AGENDA: Mayor Festa requested the following changes to the agenda: removal of Item 6-A-1 and addition of Discussion regarding the Rickenbacker Toll as Item 9-A-6; the Clerk requested the removal of Item 7-B. There were no objections to the agenda changes. SPECIAL PRESENTATIONS: There were no special presentations. 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CREATING ARTICLE III, "UTILITY TAX" OF CHAPTER 25 "TAXATION" OF THE VILLAGE CODE, PROVIDING FOR THE CONTINUED IMPLEMENTATION OF THE UTILITY TAX AUTHORIZED BY SECTION 166.231, ET. SEQ., FLORIDA - STATUTES, TO CONTINUE TO LEVY AND IMPOSE UTILITY TAX UPON THE PURCHASE WITHIN THE VILLAGE OF KEY BISCAYNE OF ELECTRICITY, WATER, METERED GAS, BOTTLED GAS, COAL, FUEL OIL AND TELECOMMUNICATIONS : SERVICE; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. 1 of 10 April], 1997 The Manager addressed the Council on this Ordinance. The Mayor opened the public hearing. There were no speakers were present. The Mayor closed the public hearing. Mayor Festa made a motion to approve the ordinance. The motion was seconded by Vice Mayor Padovan and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. ;.f The Clerk read the following ordinance, on first reading; by'title:, AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM" TO PROVIDE FOR TIME LIMITFOREXERCISE OF REFERENDUM POWER; AMENDING SECTION 7.05, "CHARITABLE CONTRIBUTIONS" TO PROVIDE FOR REVISION OF COUNCIL VOTE REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR COUNCIL VOTE REQUIREMENT: FOR ISSUANCE OF GRANTS; PROVIDING REQUIS1IE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR. SEVERABLITY, PROVIDING FOR INCLUSION IN THE CHARTERO PROVIDING ' .FOR ADOPTION OF ENABLING RESOLUTION; PRO`VID'ING FOR AN'EFFILCTIVE DATE. Mayor Festa made a motion to, approve the ordinance. Councilmember Sime seconded the motion. Councilmember O'Reilly`madea motion to amend Section 5.02. Initiative and referendum (ri) Referendum (A) by substituting the word "twenty (20)"days for the word"thirty (30)" days. The motion was seconded by Mayor Festa and it Was approved by'a 7-0 roll call vote; The vote was as follows. Councihnembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 70, Councilmember O'Reilly made a motion to delete sections 2 and 3. The motion was seconded by Councilmember'Reed and failed by a 2-5 roll call voteThe vote was as follows; Councilmembers O'Reilly and Reed voting Yes. Councilmembers Fried, Bart, Sime, Vice Mayor Padovan and Mayor Festa voting No. Councilmember Han made a motion to approve° the ordinance as amended. The motion was seconded by Councilmenaber Sime and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Pried, Han, Sime, Vice Mayor'; Padovan and . Mayor, Festa voting Yes. Councilmembers O'Reillyanctkeed voting No. 2of10 April 1, 1997 7. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PURSUANT TO FLORIDA STATUTES SECURITY PROCEDURES FOR MUNICIPAL ELECTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR AN EFFECTIVE DATE: Mayor Festa made a motion to approve the resolution. Vice Mayor Padovan seconded the motion and it was approved by a 7-0 voice vote: The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayon Padovan 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, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JUNE 10, 1997, BY MAIL BALLOT PROCEDURE; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THE CHARTER REVISION COMMISSION PURSUANT TO FINAL REPORT OF MARCH 7,1997; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDUREFOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING . FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote. ' The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING CONCERN OF THE VILLAGE COUNCIL OVER PROPOSED BUDGET AND PERSONNEL CUTS AT THE NATIONAL HURRICANE CENTER; PROVIDING FOR AN EFFECTIVE DATE. Councihnember Fried made amotion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime and Vice Mayor Padovan voting Yes. Mayor Festa abstained from voting due to conflict of interest. 3 oil() April 1, 1997 The Clerk read the following resolution by title: A RESOLUTION' OF THE VILLAGE OF KEY BISCAYNE, "FLORIDA; SUPPORTING VILLAGE PARTICIPATION IN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' WATERFRONTS FLORIDA PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovani and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Fri ed,1-Ian, O'Reilly, Reed, Sime, Vice Mayor farewell and Mayor Festa voting Yes.. PUBLIC HEARINGS: All witness giving testimony in the following zoning hearings were, sworn in by the Cleric. Hearing Number'97-0401-VC-01. Norman C. And Maria C. Smith, 346 Gulf Road, the applicant, requested a non-use variances of six -foot -high front -zone fence requirement pursuant to Section 30- 60 of the Key Biscayne Code to permit front walls heights between six -point -three -eight feet (6.38') and eight -point -three -eight feet (8.38')' above the crown of the road and entrance gates' heights betweensiixpoint-eight-eight feet (6.88') andten-point- hree-eight feet (1038') above the crown of the road at, 'IS-fool setback line between the subject residence and the Gulf Road. Director of "Building;' Zoning. and ,Planning doles Little addressed ,the Council with the recommendation for denial. The Mayor opened" the public hearing. Architect Diego Saez, 3030 S.W., 28th Street, Coconut Grove, representing the applicant, addressed the Council. The Mayor closed the public hearing:' Councilmember Sime made a motion to support staff's recommendation to deny the request. The motion was seconded by Vice Mayor Padovan and approved by a 7-0. roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. `. Hearing Number' 97 -0401 -VC -02. Key Biscayne Galeria. Inc.,, 328 Crandon, Boulevard, the applicant, requested pursuant to Section 28-9 (a) of the Key Biscayne Code, a modification of the Resolution No. Z-11-94 of the previously approved Key Biscayne Galeria sign criteria to allow two existing wall sigas read as'"Key Biscayne Galeria" with a logo and "Art Gallery Center" to remain the same locations as previously constructed. Director Little addressed the Council with his recommendations of conditional approval of the sign of "Key "Biscayne Galeria" and denial of the sign of "Art Gallery Center". 4of10 Aprill, 1997 The Mayor opened the public hearing. Maria Larrea, representing the owners of the Key Biscayne Galeria and Naidi Commenoz, representing the Commenoz Gallery addressed the Council. The Mayor closed the public hearing. Councilmember Fried made a motion to approve staff's recommendation with the provision that in the case another tenant wants to use the space on the wall, the "Art Gallery Center" sign, shall be eliminated. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Fried,Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Hearing Number 97 -0401 -VC -03. Commenoz Gallery, 328 Crandon Boulevard, Unit #218-219, the applicant, requested pursuant to Section 28-9(a) of the Key Biscayne Code, a modification of the Resolution No. Z-11-94 of the previously approved Key Biscayne Galeria sign criteria to allow the existing wall sign read as "Commenoz Gallery Fine Arts - Framing" to remain in the same location during the lease period, Director Little addressed the Council stating his recommendations of approval with conditions. The Mayor opened the public hearing. Naidi Commenoz, representing the Commenoz Gallery, addressed the Council. The Mayor closed the public hearing. r Mayor Festa made a motion to defer this hearing to the next Special Council Meeting pending additional information from staff. The motion was seconded by Councilmember Sime and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes: Councilmember Han voting No. Hearing Number 97 -0401 -VC -04. Sharsan Inc. dba Chief's Seafood Market, 328 Crandon Boulevard, Unit #124, the applicant, requested pursuant to Section 28-11 of the Key Biscayne Code, an extension of amortization period up to May 1, 1998 for the existing nonconforming wall sign named as "Chief's Seafood Market". Director Little addressed the Council stating his recommendations of approval with conditions. The Mayor opened the public hearing. Ginny Harmon, representing Chief's Seafood Market addressed the Council. The Mayor closed the public hearing. Vice Mayor Padovan made a motion to allow the sign to remain as is. Councilmember Reed seconded the motion -3a it was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Fried,` Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 5of10 April 1, 1997 Hearing"No. 97 -0401 -VC -05. J R. Oil, Inc., dba Paradise Shell; 70 Bandon Boulevard, the applicant, requested pursuant to Section 28-11 of the Key Biscayne Code, an extension of amortization period up to May 1, 1998 for the existing monument sign as shown in the application.: Director Little"addressed the Council stating his recommendations. The Mayor opened the public hearing. Raul Llorente, 345 Cypress Drive addressed the Council. The Mayor closed the public hearing. Mayor Festa made a motion to approve the request. The motion was seconded by Vice Mayor Padovati and*approved by a 7-0 roll call vote. The vote was as follows: Councihnembers Fried, Ilan, O'Reilly, Reed, Sime, Vice Mayor Padovan,and Mayor Festa voting Yes. Bearing No. 97 -0401 -VC -06. Village of Key Biscayne, 600 Crandon Boulevard; -the applicant, requested a non-use variance of Section 10-62 of the Key Biscayne Code to pern it the proposed men's and women's toilet facilities to be constructed at elevation 6-6" m.s.1 vs: the 9'0" m.s.i. required for the base flood elevation. Director Little addressed the Council with his recommendations. The Mayor opened the public hearing. Raul Llorente, 345 Cypress Drive; Carol Mullen O'Leary, 444 Fernwood Drive; Spencer O'Connor, 245 Fernwood Road addressed the Council. The Mayor closed the public hearing. Director Little read the following into the record: In connection with the proposed Men and Women's toilet facilities to be located at the South end of the Village Green Park adjacent to the tot lot, staff has reviewed the proposed application, discussed the application with officers from the Federal Emergency Management Agency (FEMA) and found the following pursuant' to Sec. 10-44 of the Key Biscayne Code: 1) The danger that.materias may be swept onto other lands is minimal; 2.) The danger to life and property due to flooding its minimal; 3) The susceptibility of damage to the facility and its contents are Minimal; 4.) The facility provides a needed function to the Village Park and the community as a whole; 5) The Village Green Park is functionally dependent on the proposed restrooms; 6) There are non alternative locations' for the restrooms; 7) The proposed restrooms are compatible to the use of the property; 8) The use and proposed structures are consistent with the local comprehensive plan; 9.) The use of the park is suspended in tunes of hurricanes and flooding; Ili) The structure is designed to be flood- resistant; 11.) The cost to the Village for maintain and repair to the facility` during and after floods or hurricanes are minimal. 6of10 April 1, 1997 MayorFesta made a motion to approve staff's recommendation. The motion was seconded by Vice Mayor Padovan and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa requested that staff bring back to Council an overview of this area prior to the awarding of the contract to build the bathroom facilities. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers:'- Mayor Festa made a motion to adopt the proposed 1997 Goals and Objectives. The motion was seconded by Vice Mayor Padovan. Councilmember Sime made a motion to add under Section IV © Playing Fields The motion was seconded by Councilmember Reed and approved by a 7-0 voice vote. The vote was as follows: Councihmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Sime made a motion to add under Section VII Completion and Maintenance of Dunes. The motion was seconded by Councilmember Reed and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Vice Mayor Padovan made a motion to add under Section XI Middle School. The motion was seconded by Councilmember Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly made a motion to add as Priority #1 a 5% ad valorem tax cut for this year. The motion was seconded by Councilmember Reed and failed by a 2-5 voice vote. The vote was as follows: Councilmembers O'Reilly and Reed voting Yes. Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting No.:. Councilmember Han made a motion to modify Section XIV to add a study to complete street lights throughout the Village. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han made a motion to modify Section XV to say Develop Policies for uses of swale. The motion was seconded by Councilmember Sime and approved by 7-0 voice vote. The vote was as follows_ Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 7of10 Apri11, 1997 Councilmember Sime made` a motion to add under Priority #2 replacing street identification signs with village character si • ns. The motion was seconded by Coune lmember Han and approved by. a 7-0 voice vote. TTie`vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sine, Vice Mayor Padovan and Mayor Festa voting Yes. The proposed 1997 Goals and Objectives were approved as amended by a 7-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sine, Vice Mayor Padovan and Mayor Festa Voting Yes': Vice Mayor Padovan requested that each Councilmember adopt 2 or 3 Goals and Objectives and, submit them for the next agenda. Mayor Festa made a motion to defer Item 9-A-3, Request of Town of Surfside, to the next council meeting. The motion was seconded by Councilmenber Sime and approved by a 7-0 voice vote, The vote was as follows:: Coamcilnaeinbers"Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made a recommendation that any. Councihnember that would like to work with the Chief of Police and the Manager in reference to allowing golf carts on Crandon Boulevard and work on a proposal for changing the Golf Cart Ordinance and bring it back to the next Council meeting. Mayor Festa reported on the status of the Rickenbacker Causeway Toll issue. Councilmembers thanked Mayor Festa for his efforts in trying to solve this issue. Penny Grossman, 290 West Matta addressed the council on this issue. Councilmember Fried presented to Council an issue regarding Dade County passing a bond issue the year 1980 for sanitary sewers for all Dade County. By Council consensus the attorney was authorized to look into the original Dade County bond, issue for sanitary, sewers to see if it was for unincorporated D'ade°County or for all of Dade County., Village Attorney, The Attorney did not submit a report. Village Clerk . The Clerk reported regarding the issue of voters using office street addressestfor their voters registration card. These persons have either submitted new correct addresses or they were removed from the voters registration list. The addresses that were used were: 240 and 260 Crandon Boulevard. Village Manager. The Manager reported on the Animal Control Service Bids and requested that at the Council meeting of April 8, 1997, the representative of the group of concerned citizens on the raccoon problem be given the "oppbrt rarity to make a special presentation. 8of10 0 0 April 1, 1997 Craig Mattocks, 177 Ocean Lane Drive addressed the Council on this issue. The Manager presented to the Council a request from the Key Biscayne Athletic Club regarding permission to install two temporary baseball diamonds with back stops on the Village Green on a temporary basis. Steve Simon, 335 Harbor Lane addressed the Council. Councilmember Sime made a motion to approve the request. The motion was seconded by Councilmember Fried. Councilmember Sime withdrew her motion. Councilmember Han made a motion to approve the request for one year with back stops and bases removed on weekends. The motion was seconded by Councilmember Sime and failed by a 3-4 roll call vote. Councilmembers Sime, Fried and Han voting Yes. Councilmembers Reed, O'Reilly, Vice Mayor Padovan and Mayor Festa voting No. Director Little gave ,.a brief summary on Impact Fees and requested more time to bring this information together. By Council consensus staff was directed to report back to the Council on this issue in, 30 days. The Attorney addressed the Council on this issue and was directed to pull out the work that has already been done and see if this is worthwhile. The Manager gave a report on the Metro Dade Water improvement project. The paving of streets will be slightly delayed due to the water pipes. The Mayor requested that the Manager have the empty lots and piles of dirt watered to avoid excessive dust. There was some discussion of Council on this issue. Director Little stated his report on the situation at 460 South Mashta Drive and presented a running diary of the various permits, inspections and meetings that the Building and Zoning Department has had regarding the previously mentioned property. The Manager addressed the Council regarding L'Esplarmade Shopping Center. Director Little addressed the Council stating that this property is not properly maintained. Director Little was directed to report to the Council the fines accumulated owed to the Village. The Attorney addressed the Council on this issue. Director Little reported that work is performed in this building without proper permits. Director Little to bring back an ordinance or some way to suspend the license from contractors caught doing work without a permit. By Council consensus Director Little was directed to put immediate pressure on this property to get this problem resolved. Director Little reported on the status of the compliance of the Sign Ordinance regarding the pole signs and the monument signs. The manager submitted the following informational items: A report from the Key Biscayne Technology Trust Foundation, dated March 20, 1997; letter to Village Manager from David Mattison, Administrative Officer, Metro -Dade Consumer Services Department regarding application 9 of 10 for expanded Cable Television License. OTHER BUSINESS/GENERAL DISCUSSION: There was no thrift April 1, 1997 0 bisine"ss discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of futine meetings and events was presented to the Council and public: 12. ADJOURNMENT: The meeting was adjourned at 10:46 p.m. llysubmitted: di/ hne Conchae: H. Alvarez, Village Clerk Approved this 29th day of April 1997: a IFA 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 PROCEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH ItE'CORD INCLUDES ME TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS.TOBEBASED. 10of10 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 8, 1997 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 Mortimer Fried (arrived at 7:11 p.m.), Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Councilmember Christina Reed was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2, INVOCATION: Reverend Jose Luis Hernando, St. Agnes Catholic Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance 4. APPROVAL OF MINUTES: There were no minutes submitted for approval. 5. AGENDA: Councilmember Han requested the addition of Item 10A7 Report on Beach Club and Item 10A8 Sun Trust Property; the Village Clerk offered an amendment of Item 8A to read second reading; the Mayor requested that Chief Gilbert introduce the two new firefighters. The Agenda as amended was unanimously approved. 6. SPECIAL PRESENTATIONS: Fire Chief John C. Gilbert introduced to the Council and public, the two new firefighters: John Smithies and Hugo Alvarez. Mr. Bob Skinner, 561 Sable Palm Drive, made a presentation on "Solving the Racco oN, n Problem". Craig and Christina Mattocks addressed the Council on this issue. The Mayor introduced the Honorable Manty Sabates Morse, Dade County Public Schools, (District Six) addressed the Council regarding the status of a K-8 school for Key Biscayne. She also reported that for every dollar Key Biscayne will give the School System for the computer technology grant it will be matched with 57 cents to a dollar. Vice Mayor Padovan 1 of 9 April8, 1997 made a motion to request that the Attorney draft an agreement with the School Board for a grant of $25,000. Councilmember O'Reilly seconded the motion. The motion was tabled to be heard under Item 10A2. Morton C. Pollack, 121 Crandon Boulevard addressed the Council on this issue. Couneilmembers took a recess from 8:00 p.m. to 8:10 p.m. rR 7. PUBLIC COMMENTS: Michael King, 745 Fernwood Road; Camille Guethmg 265 Seaview Drive addressed the Council in reference to the Noise Ordinance.. 8. ORDINANCES: The Clerk react the following ordinance, on second reading, by title: AN ORDINANCE OF TIIE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 19 "PARK RULES AND REGULATIONS' OF THE VILLAGE CODE BY CREATING SECTION 19-16 "MOTOR VEHICLE PARKING LOT DECAL PROGRAM" TO PROVIDE PREFERENCE TO RESIDENTS OF THE VILLAGE FOR PARKING AREAS; 'PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN THE {CODE," IMPLEMENTATION ' AND AN EFFECTIVE DATE. The Attorney addressed the Council on this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Festa made a motion to approve the ordinance. The motion was seconded by Councilmember O'Reilly and approved by 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Vice Mayor Padovan made a motion not to allow any decal replacements. Councimember O'Reilly seconded the motion. Vice Mayor Padovan withdrew her motion. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM" TO PROVIDE FOR TIME LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR THE EXERCISE OF REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING ISSUANCE OF DEBT; AMENDING SECTION 7.05, "CHARITABLE 2 of 9 li April8, 1997 CONTRIBUTIONS" TO PROVIDE FOR REVISION OF COUNCIL VOTE REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR COUNCIL VOTE REQUIREMENT FOR ISSUANCE OF GRANTS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. The Attorney addressed the Council on this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Festa made a motion to approve the ordinance. The motion was seconded by Vice Mayor Padovan and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor 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, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JUNE 10, 1997 BY MAIL BALLOT PROCEDURE; PROVIDING FOR AMENDMENTS PROPOSED BY TIIE VILLAGE COUNCIL CONCERNING SECTION 5.02, "INITIATIVE AND REFERENDUM"; TO PROVIDE TIME LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR EXERCISE OF REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING THE ISSUANCE OF DEBT; SECTION 7.05, "CHARITABLE CONTRIBUTIONS" TO REQUIRE FIVE (5) COUNCIL VOTES FOR APPROVAL OF ISSUANCE OF GRANTS AND TO REQUIRE FIVE (5) COUNCIL VOTES FOR CHARITABLE CONTRIBUTIONS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. Vice Mayor Padovan seconded the motion and it was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 3 of 9 April 8, 1997 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF MEMBERS OF THE CHARTER REVISION COIVIMISSION; PROVIDING FOR AN EFFECTIVE DATE . Counciimember Fried made a motion to approve the resolution. The motion was seconded by Counei member O'Reilly and approved by a '6-0 voice vote, The vote: was as . follows: Councilmembers Fried, Han, O'Reilly, Sime 'Vice Mayor Padovan 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 ON BEHALF OF THE VILLAGE WITH MR. FRANK GARISTO, TO PROVIDE VIDEO GRAPHIC SERVICES FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AN EFFECTIVE. DATE. Councilmember O'Reilly made a, motion to approve the resolution. The motion was seconded by Cauncilmember Sime and approved by a 6-0 voice vote. The vote wasas follows; Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes: The Clerk read the followingresolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CONTRACT WITH U.S. BRICK, INC, ATTACHED, AND MARKED EXHIBIT A, B, AND C IN AN AMOUNT. NOT TO EXCEED $70,000, PROVIDING FOR FINANCING, PROVIDING FOR AN EFEECTIVE DATE. Councilmember Fried made a motion to approve the resolution: The motion was seconded by Vice Mayor Padovan and approved by a 5-1 voice vote. The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime and Vice Mayor Padovan voting Yes, Mayor Festa voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OBJECTING TO SPECIAL ACT LEGISLATION TO PERMIT THE ABOLISHMENT OF A MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT OR CONCURRENCE OF THE MUNICIPALITY; PROVIDING FOR AN 4 of 9 April 8, 1997 EFFECTIVE DATE. The Attorney addressed the Council on this issue. Vice Mayor Padovan made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING METRO-DADE MAYOR ALEX PENELAS' INITIATIVE FOR STRICTER HAND GUN REGULATION; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Han made a motion to approve the resolution. The motion was seconded by Councilmember Sime and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Mayor Festa made a motion to request that the Manager or the Attorney prepare a resolution to express condolences to Mayor Penelas on the loss of his mother. The motion was approved by Council consensus. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Festa requested to hear Item 10A2 at this point. There were no objections to the request. The manager addressed the Council on the specifics of the agreement with the Key Biscayne Technology Trust Foundation. Chris Master, District Director for Instructional Technology for Dade County addressed the Council and the public regarding matching grants. Vice Mayor Padovan expressed her concern regarding the Technology Trust Foundation presenting a Purchase Order to the Manager for $50,000. Vice Mayor Padovan also stated that she did not receive the package from the Key Biscayne Technology Trust Foundation that the rest of the Councilmembers received. Cindy Cutler, 251 Crandon Boulevard; Larry Feldman, Dade County Public Schools, Region Four Director; Carol Mullen O'Leary, 444 Fernwood Road; Darlene Mooney, Principal of the Key Biscayne Elementary School; Martin Pollack, 121 Crandon Boulevard addressed the Council on this issue. 5 of 9 April8, 1997 Vice Mayor Padovan was appointed by Council consensus to be the contact with the Manager, the Attorney, the Dade County School Board and the Technology Trust Foundation. The Attorney addressed the Council on this issue. Mayor Festa made a motion to restructure the Technology Trust Foundation Agreement to have the funds flow from the Village thru the Foundation to the Dade County School Board. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote. The vote was as follows:' Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. There was extensive discussion from Council and public onthis issue. Mayor Festa requested to hear Item 10A4 at this point. There were no objections to the request. Councilmember Han made a motion to consider foreclosure lien on L'Esplannade Shopping Center. The motion was seconded by Councilmember O'Reilly. Director of Zoning, Building and Planning John Little addressed the Council on this issue. Director Little stated that the intention is to collect the fines and that the L'Esplannade is a condominium, The Manager and the Attorney addressed the Council on this issue. The following residents addressed the Council: Mark Poffenbarger, representing L'Esplannade Mall; Camille Guething, 260 Seaview Drive, requesting "No Parking Signs" on the north side of Seaview, the Manager was directed to bring this issue back to the next council meeting with his recommendations,. Mayor Festa made the following recommendations: that the Special Master call a meeting to resolve the L'Esplannade situation; the building inspector to go tomorrow and inspect the building from top to bottom to insure that there are no safety violations and bring his findings to the next Council meeting. Councilmember O'Reilly made a motion to defer the pending motion to the next council meeting. The motion was seconded by Councilmember Han. and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes: Luis Alcebo, 235 Grapetree Drive; Bill Falk, 288 Seaview Drive; Rosie Alfaro, Marco's Hair Design, addressed the Council. Vice Mayor Padovan brought to the attention of the Council the six month evaluation of the Village Clerk and stated her recommendation that Councilmembers come up with an evaluation report for 6of9 April 8, 1997 the next Council meeting. The Clerk was requested to send a summary of the duties of the Village Clerk to each Councilmember. Vice Mayor Padovan requested to defer her concern over Metro Dade Fire Station #15 to the next Council meeting. There were no objections to her request. Mayor Festa gave an update on the Rickenbacker toll issue stating that he has not. received any further information as of today. Village Attorney. The Attorney addressed the Council regarding the letters to the owners of lands that are for sale, stating that under the Florida Statutes if we make an offer to purchase the land under threat of condemnation, that is, we have the ability of making the purchase exempt from documentary stamps taxes. The Attorney stated that the letters are ready to go out to the owners of the properties that are for sale. By Council consensus the Attorney is not to include the words "under thread of condemnation" in the letters that will be sent to the owners of the properties that are for sale. Mayor Festa made a motion to extend the meeting to 11:30 p.m. Councilmember Han seconded the motion and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han made a short report on the Beach Club and stated that there will be another meeting in May and will report back on this issue at the June Council meeting. Councilmember Han also stated that he had not had any discussions regarding the land with the owner of the property. Councilmember Han made arecommendation to consider making the Sun Trust property look like the rest of the Village Green. The Village at the present time cuts the grass and picks up the litter. Councilmember Han made a motion to have the Manager evaluate the cost of sodding this property and to prevent parking on this piece of property. The motion died for lack ofa second. The Attorney addressed the Council on this issue. 'Village Attorney. The Attorney addressed the Council regarding his letter on the Town of Surfside lawsuit and the Golf Cart Ordinance. Village Clerk. The clerk announced that the Office of the Mayor had issued two proclamations during the month of April, one proclaiming April 1997 as Fair Housing Month and the other one proclaiming May 4 - 11, Days of Remembrance of the Victims of the Holocaust. The Clerk also announced that a sympathy card will be mailed to Mayor Alex Penelas on the loss of his mother. Village Manager. Carlos Penin, Village Engineer gave a status report on the West Mashta Bridge. 7 of 9 April8, 1997 The Manager addressed the Council on this issue. The Manager presented to Council a report regarding the Village Green Lighting Enhancement. There was no motion to have additional lights at this time. Mayor Festa made a motion toapprove the Warren Lane tree petition. The motion was seconded by Couneiimember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Manager announced that the Council will receive the proposed 1998 budget schedule before the August 26, 1997 budget workshop. The Manager announced that there will be a Party in the Park on Tuesday, August 5, 1997, celebrating National Night Out. The Manager gavea status report regarding the policy on the use of the Village Green. Vice Mayor Padovan made a motion to have a fee of $25 for residents using the Village Green and $75 for non residents. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows:'Couneilmembers Fried, Flan, 'I2eilIy, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Manager gave a status report regarding the Village Park and Access Promenade cost estimate stating that he will present a cost estimate for sidewalks at the next Council meeting. The Manager presented a request from the American Legion to hold a Memorial Day celebration on Monday, May 26, 1997, 6:00 P.M. at the Village Green. The request was approved by Council consensus. The Manager reported on the extension of $7,2 million stormwater utility revenue bond anticipation note, Series 1995 informing that the closing was April 1, 1997 at a rate of 4.52%, which is 77% of the US Treasury Bill rate. Chief of Fire. Rescue John Gilbert addressed the Council regarding the issue of the condition of the equipment of City of Miami, stating that he feels comfortable with the equipment the Village gets from the City. The following informational items were submitted to the Council: the monthly departmental reports; a letter to Mayor John Festa, from Rep. Luis Morse, Dade County Legislative Delegation, dated March 11, 1997; the Dade League of Cities, Inc., Education Committee Meeting minutes, dated March 12, 1997; a letter to Mayor John Festa from Deborah Collura, Vice President, News, NBC News, dated March 21, 1997; memorandum to Village Manager from the Chief of Police, regarding 8 of9 April 8, 1997 citizens survey, dated April 1, 1997; a letter to the Village Manager from a group of residents regarding soccer games, dated April 3, 1997; adopted 1997 Goals and Objectives; memorandum to Village Council from Village Clerk regarding Revenue Sharing, dated April 4, 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 was adjourned at 11:30 p.m. Res c ully submitted: hi lade Conchita H. Alvarez, Village Clerk Approved this 13th day of May . 1997: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER CONSIDERED ATA 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 THEAPPEAL IS TO BE BASED. 9of9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 29, 1997 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 Gregory Han, Christina Reed, Vice Mayor Michele Padovan and Mayor John Festa. Councilmembers Mortimer Fried, Hugh O'Reilly and Betty Sime were 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 Local Planning Agency meeting of April 1, 1997 and the minutes of the Special Council Meeting of April 1, 1997, were approved by unanimous consent. 4. AGENDA: The following changes were made to the agenda: Councilmember Han requested that Items 7C and 9A3 be heard at the same time since they are related; Vice Mayor Padovan requested the addition of a discussion regarding mosquito spraying on the Key as item 9A7; Mayor Festa requested the deferral of Items 9A1 and 9A2 and the addition of a brief discussion regarding the Rickenbacker Causeway as Item 9A8; the Clerk requested the addition of a resolution expressing sympathy to Mayor Alex Penelas. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: Mayor Festa presented Resolution No. 97-19 to the members of the Charter Revision Commission: Chairman Betty Sime, Vice Chairman Michael Kahn, Members Paul Auchter, Martha Fdez.-Leon Broucek and Ron Drucker. 1 of April 29, 1997 6. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF I'Hl. VILLAGE OF KEY BISCAYNE, FLORIDA; CREATING ARTICLE III, "UTILITY TAX" OF CHAPTER 25 "TAXATION" OF THE VILLAGE CODE, PROVIDING FOR THE CONTINUED IMPLEMENTATION OF THE UTILITY TAX AUTHORIZED BY SECTION 166.231, ET. SEQ., FLORIDA STATUTES, TO CONTINUE TO LEVY AND IMPOSE UTILITY TAX UPON THE PURCHASE WITHIN THE VILLAGE OF KEY BISCAYNE OF ELECTRICITY, WATER, METERED GAS, BOTTLE GAS, COAL, FUEL OIL AND TELECOMMUNICATIONS -SERVICE;. PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE .CODE AND PROVIDING FOR AN EFFECTIVEDATE, The Attorney briefly addressed the Council. onthis ordinance.. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Festa made a motion to approve the ordinance. Vice Mayor Padovan seconded the motion and it was approved by a 4-0 roll call vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting' Yes. 7. RESOLUTI°ONS- The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH FIREPOWER DISPLAYS UNLIMITED, INCORPORATED, PRINCETON, FLORIDA;` PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council on this issue. Mayor Festa made a motion to approve the resolution. Counciimember Reed seconded the motion and it Was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF I{EY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH CAP ENGINEERING CONSULTANTS, INC., A FLORIDA 'CORPORATION, PROVIDING FOR AN EFFECTIVE DATE. 2 of April 29, 1997 The Village Manager, Andrew C. Pierce and Carlos Penin from C.A.P. Engineering addressed the Council on this issue. There was extensive discussion from Council on this issue. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made an amending motion to include the wording "not to exceed the $79,900 preliminary design allowance." The motion was seconded by Councilmember Reed and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The resolution as amended was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The Manager was directed to bring back at the next Council meeting a plan of scheduled meetings for the above project:' Vice Mayor Padovan requested that Item 9A7, mosquito spraying, be heard at this time. There were no objections to the request. Pat Weinman, 940 Harbor Drive; Barbara Begger, 273 Cranwood Drive and Nancy Gamwell, 571 Glenridge Road addressed the Council on this issue. Mayor Festa made the recommendation to have the Dade County Mosquito Control invited to the next Council meeting. The Manager briefly addressed the Council on this issue. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING GRANT AGREEMENT BETWEEN THE VILLAGE, THE KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION AND THE DADE COUNTY SCHOOL BOARD CONCERNING THE ENHANCED INSTRUCTIONAL TECHNOLOGY PROGRAM AT THE KEY BISCAYNE ELEMENTARY SCHOOL. The Attorney addressed the Council on this resolution. Henry Marinello, Esq., 9890 S.W. 136 Street, Miami, representing the Key Biscayne Technology Trust Foundation pro bono; Martha Broucek, 170 Ocean Lane Drive; Carol Mullen O'Leary 444 Fernwood Road, addressed the Council There was extensive discussion from Council on this issue. 3 of 8 avIt April 29, 1997 Mayor Festa made a motion to approve the resolution. Vice Mayor Padovan seconded the motion. Mayor Festa made an amending motion to add a clause to the agreement stating that the gift is contingent upon a match of funds from the Dade County School Board and that the computer program at the School should be implemented on or before November 30, 1997, and to expend the Crrant Funds by suchdate. The motion was seconded. by Vice Mayor Padovan and it was approved by a 4-0 voice vote, The vote was, as follows: Couneilmernbers Han; Reed, Vice Mayor Padovan and Mayor Festa voting Yes, Mayor Festa made an amending motion that the agreement should be executed within 5 working days by the Foundation and in the event the ageement is not executed within that time, the Foundationvi'11 be excluded' from theiagreementand`it Al be executed with the School Board 011131 - The motion was seconded by.Councilmernber Reed and approved by a 4-0 voice vote. The vote was as follows: Couneilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Vice Mayor Padovan made an amending motion to. take $25;000 from the 1996 budget: surplus in order to have $75,000 matching funds available. Counciltnember Reed seconded the motion and it was approvedby a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made an amending motion to instruct the Manager to terminate the existing agreement with the Key Biscayne Technology Trust Foundation. The motion was seconded by Councilmember Ilan and it was approved by a 4-0 voice vote. The vote was as follows: Councilmernbers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Theresolution as amended was approved by a 4-0 voice vote. The vote was as follows: Counciimernbers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes, The Clerk read the following. resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 11 THROUGH MAY 17, 1997 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; 4 of 8 April 29, 1997 AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH IKON OFFICE SOLUTION OF MIAMI LAKES, FLORIDA, FOR THE PROVISION OF A PHOTOCOPIER AND SERVICE AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION ' OF THE VILLAGE ' 'OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATHOF MIRTA PENELAS, MOTHER OF METROPOLITAN DADE COUNTY MAYOR, ALEX PENELAS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. 8. PUBLIC HEARINGS: All witness giving testimony in the following zoning hearings were sworn in by the Clerk. Hearin¢ Number 97 -0401 -VC -03 (Continuation). Commenoz Gallery, 328 Crandon Boulevard, Unit 218-219, the applicant, requested pursuant to. Section 28-9(a) of the Key Biscayne Code, a modification of the Resolution No. Z-11-94 of the previously approved Key Biscayne Galeria Sign criteria to allow the existing wall sign read as "Commenoz Gallery Fine Arts -Framing" to remain in the same location during the lease period. Village Planner, Raul Lastra addressed the Council stating staffs recommendation. The Mayor opened the public hearing. Naidi Commenoz, 199 Ocean Lane Drive, the applicant, addressed the Council. The Mayor closed the public hearing. Vice Mayor Padovan made a motion to grant the variance. The motion was seconded by Couneilmember Reed and, approved by a 4-0 roll call vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Staff was instructed to reevaluate the signs in the Galeria Shopping Center and report back at the next Council meeting. 5 of 8 April 29, 1997 Hearing Number 97-0429-01.. The Southland Corporation, 51 Harbor Drive, the applicant, requested pursuant to Section 29-11 of the Key Biscayne Code, an extension of amortization period up to May 1, 1998 for the existing nonconforming; sign named as "7 Eleven" including color strips, Village Planner Lastra addressed the Council stating staff=s recommendation. The Mayor opened the public hearing, Jo Mn Williams, Duality Signs Company, 5160 Sunbeam Road, Jacksonville, Florida, representing the applicant, addressed the Council. The Mayor closed the public hearing. Mayor Festa made a motion to approve the variance. The motion was seconded. by Vice Mayor Padovan and it approved by a 4-0 roll call vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Hearing Number 97 -0429 -VC -02, Lorraine and Stephen Sonnabend, 5 Coconut Lane, the applicant, requested a non-use variance of five-foot rear setback requirement for screen enclosures pursuant #o S n 33-28443 C to allow zero -foot rear setback from the proposed screen enclosure over a swimming pool to the rear property line of a single family residence located at the subject property. Village Planner Lastra addressed the Council stating staff's recommendation, The Mayor opened the public hearing. Lorraine Sonnabend, 330 Pacific Road, the applicant addressed the Council. The Mayor closed the public hearing. Councilmember Reed made a motion to approve the variance. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 roll call. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Pesta voting Yes. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Vice Mayor Padovan presented to the Councilher concerns over the situation with Metro Dade Fire Station #15, Chief of Fire Rescue John Gilbert addressed the Council on this issue. Mayor Festa made a recommendation that the City of Miami Fire Rescue Department and the Village of Key Biscayne Fire Rescue Department should work on a joint resolution tobe presented to the Metro Dade Commission on this issue. The Attorney addressed the Council on this issue. Chief Gilbert stated that he wilI hold a joint meeting with Metro Dade,Fire Department, City of Miami Fire Department and Village of Key Biscayne Fire Department on May 7th and will report back on the outcome at the next Council meeting. Vice Mayor Padovan presented to the Council the six month evaluation of the Village Clerk, as requested by the Clerk when she was hired. Mayor Festa made a motion to defer this item to the 6 of 8 Apri129, 1997 next Council meeting due to the fact there was not a full Council presenttonight. The motion was seconded by Councilmember Han and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Han, Reed, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han made a recommendation to set schedules for the 1997 Goals and Objectives. Each Councilmember should take up some Goals and Objectives and submit them to the Clerk. The Manager was directed to bring back an update on this issue to one of the next two Council meetings. Mayor Festamadea brief report on the Rickenbacker Causeway toll issue. Village Attorney. The Attorney briefly reported on the local anti -graffiti proposed legislation that Dade County passed, the responsibility for maintenance of canals located within the Village and the. Silver Express Company v. District Board of Trustees of Miami -Dade Community College case dealing with the Sunshine Law. Village Clerk. The Clerk announced that the Office of the Mayor had issued a proclamation for National Music Week, May 4 - 11, 1997. The Clerk submitted the following informational items: letter to Village Clerk from Representative 3leana Ros-Lehtinen regarding noise levels due to flying aircraft over Key Biscayne, dated April 10, 1997; a letter to Village Clerk from Mayor Alex Penelas regarding noise levels due to flying aircraft over Key Biscayne, dated April 15, 1997; a letter to Village Clerk from Senator Bob Graham regarding the National Weather Service, dated April 16, 1997; a letter to Village Clerk from Senator Bob Graham regarding the noise levels due to flying aircraft over Key Biscayne, dated April 17, 1997. Mayor Festa requested that a proclamation be drafted for Memorial Day, proclaiming Poppy Week in Key Biscayne. Village Manager. The Manager submitted the following informational items: The March 1997 monthly reportfrom the Key Biscayne Chamber of Commerce; the Fernwood Road Public Workshop to be held on Thursday, May 8 at 7:00 P.M.; a thank you letter to Village Manager from the Key Biscayne Community Church, dated April 2, 1997. 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 public. 12. ADJOURNMENT: The meeting was adjourned at 10:25 p.m. 7 of 8 April29, 1997 fully submitted: 4/AY Amy- Conchita H. Alvarez, Village Clerk Approved this 13th day of Mav 1997: (71 F. Festa yor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY 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 THE APPEAL IS TO BE BASED. 8of8 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 13, 1997 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 Mortimer Fried, Gregory Han, Hugh O'Reilly, Christina Reed, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2. INVOCATION: Reverend Robert O. Libby, Saint Christopher's by the Sea gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the Council Meeting of April 8, 1997 and the minutes of the Special Council Meeting of April 29, 1997, were approved by unanimous consent. 5. AGENDA: The following changes were made to the agenda: Councilmember Sime requested the addition of a request to send an information letter to voters regarding the upcoming election as Item 10A8; Mayor Festa requested the addition of a discussion on Council rules as Item 10A9; the Manager requested the deferral ofltem 10D11. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Bonnie Cooper, Co -Chair of The Citizens for a Community Center addressed the Council and the public on the responses to the Community Center questionnaire. Ms. Cooper handed over the questionnaires sent by the residents to the Clerk for safe keeping. Camile Guething, 260 Seaview Drive; Robert Libby, 200 Ocean Lane Drive; Pat Weinman, 940 Mariner Drive addressed the Council on this issue. 1 of 7 May 13, 1997 Mr. Marlon Nelms, Chief, Mosquito Control Program, Public Works Department, Metropolitan Dade County addressed the Council and the public on the 1997 Mosquito Spray Program. Residents who wish to be placed on a "No Spray List" can call 592-1186 or fax 471-0520 and they will be notified by phone when the spraying is going to take place. Camile Guething, 260 Seaview Drive; Pat Weinman, 940 Mariner Drive; Alain De Grelle, 176 West Mashta Drive; Jacqueline de Leon, 650 Ocean Drive; Ed Meyer, 100 Sunrise Drive; Ward A. Rathbone, 275 West Mashta Drive; Heidi Archibald, 881 Ocean Drive, addressed the Council~ on this issue; Mayor Festa acknowledged Representative Bruno Barreiroand thanked him for attending thus meeting. Representative Barreiro addressed the Council and the public and presented a check for the Heritage Trail Project in the amount of $4,500, which is part of the $18,000 grant that the Village is receiving. Also he =on red that there is a $100,000 grant for the Village Green and a $100,000 grant for the Community Center pending the Governor's. signature. 7. PUBLIC COMMENTS: Mr. James McMaster, 2940 S.W. 30th Court, Miami; Nancy Doke Harrison, 200 West Mashta Drive; Jacqueline tip Leon, 650 Ocean Drive; CamiIe Guething, 260 Seaview Drive; Pat Weinman, 940 Mariner Drive Ed Meyer, 100 Sunrise Drive, addressed the Council: Andrew Pierce, C.A,P. Engineering addressed the Council on the sanitary sewer issue brought up by Nancy Doke Harrison. The Manager was directed to meet with the West Mashta Drive group and report back at the next Council meeting on his meeting, Councilmember Reed excused herself and left the meeting at 9:05 p.m. 8 ORDINANCES: There were no ordinances considered by the Council. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE MAYOR AND MEMBERS OF THE VILLAGECOUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING OUTRAGE OVER THE EARLY RELEASE OF CONVICTED VIOLENT FELONS AND REQUESTING OFFICIALS AT EVERY LEVEL OF GOVERNMENT TO INSTITUTE POLICIES AND PROCEDURES EXHIBITING "ZERO TOLERANCE" FOR VIOLENT FELONS, RECIDIVISTS AND CAREER CRIMINALS: Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows:Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 2of7 May 13, 1997 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 KBS DEVELOPMENT ASSOCIATES, MARKED AS EXHIBIT I, AND THE AGREEMENT WITH WILLIAMS, HATFIELD & STONER, INC., MARKED AS EXHIBITH, FOR A TOTAL COST NOT TO EXCEED $40,000 FOR THE PREPARATION OF A FLOOD PLAIN MANAGEMENT PROGRAM AS GENERALLY DEFINED IN THE NATIONAL FLOOD INSURANCE PROGRAM, PROVIDING FOR AN EFFECTIVE DATE. Councihnember Fried made amotion to approve the resolution. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote; The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmernber Han gave a brief report on the Beach Park. The Attorney addressed the Council" on this issue and reported that they spoke with the landowner and • the best thing is to get a friendly eminent domain action, which the owner will pay for it. The Attorney also reported on a discussion for a lease arrangement with the Beach Club so that the, access would be restricted for residents only. The Attorney was directed to contact the owner of the Beach Club, IDS, to see if the landisfor sale and report back to Council his findings. Mayor Festa presented to Council his concern regarding the Village's hiring procedures and that he would like to see some policies established by the Council. Mayor Festa will bring this issue back at the next Council meeting with some specific policies. The Attorney addressed the Council on this issue and stated that it was legal counsel's idea to establish minimal guidelines for hiring procedures in order not to burden the government. Carnile Guething, 260 Seaview Drive addressed the Council on this issue. Mayor Festa requested to defer the Community Center Foundation item to the next Council meeting. There was no objection to the request. The six month evaluation of the Village Clerk was heard at this time. Vice Mayor Padovan made a motion to increase the Clerk's salary by $ 2,000 effective immediately. The motion was seconded by Councilmember Sime and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime and Vice Mayor Padovan voting Yes. Mayor Festa voting No. 3 of 7 May 13, 1997 Vice Mayor Padovan reported on the conversion of the K. B. Elementary School from a K-6 school to a K-8 school for the school year 1998-1999. The Clerk was directed by Council consensus to draft a resolution acknowledging the Dade County School Board for their support and efforts in establishing a K-8 school and; a resolution thanking School Representative Manly Sabates Morse. Vice Mayor Padovan requested a brief status report fiom the Attorney regarding the lawsuit against the County forepreservation of Calusa Park and Crandon Park playing fields. The Attorney briefly addressed. the Council on these issues Councilmember Flied brought to the attention within the. Village. the Council the lack of playing fields in file future Councilmember Sime requested consensus from Council to send an information letter to the registered voters regarding the special upcoming election. Councilmember Sime will bring a draft letter to the next Council meeting for approval. Mayor Festa requested adiscussion on Council rules and procedures and will bring this issue back at the next Council meeting whenever seven (7) Counci°Imembers are present. Village Attorney. The Attorney presented to the Council a report on Gifts, Sonshine Law and attendance to functions. Item 10D12, L'Espiannade Shopping. Center was heard at this time. Director of Building, Zoning and Planing,. John P. Little, gave an update report on the fines and violation penalties on this property. As of this date, all but two (2) violations have been corrected. The main problem v this, building is poor maintenance procedures, Camile Guething, 260 Seaview Drive, addressed the Council. Village Clerk. The Clerk announced that the office of the Mayor had issued a proclamation during the month of May, recognizing May 17-26 as Poppy Week in Key Biscayne. The Clerk submitted the following informational items. letter to Village Clerk from U.S. Senator Connie Mack regarding high noise levels due to flying aircraft over Key Biscayne, dated April 16, 1997; letter to Village Clerk from Mr. Robert W. Burpee. Director, U.S. Department of Commerce, National Oceanic and Atmospheric Administration regarding The National Hurricane Center, dated April 21, 1997; letter to Village Clerk from James A. Dorskind, Special Assistant to the President of the United States regarding The National Hurricane Center, dated April 29, 1997; thank you letter to Village Clerk from Thomas A. Ziebart, regarding the Gatorade Triathlon and Publix Family Fitness Weekend on Key Biscayne, dated May 6, 1997. Village Manager. The Manager requested direction from Council regarding federal funds for the Lake Park and the Ocean Park. By Council consensus the Manager was directed to request funds 4of7 May 13, 1997 for the Lake Park, but hold the request of funds for the Ocean Park until the Village receives the report from the Attorney on Federal Beach Renourishment. The Manager presented to the Council two "No Parking Zone" requests: a.) Seaview Drive: Northside requested by Camille Guething; Fernwood Road: Westside Community Church - either side of the driveway on Fernwood Road requested by the Community Church. Councilmember Han made a motion to have signs the entire length of the church property from Heather North to the first house. The motion was seconded by Councilmember O'Reilly. Mayor Festa made an amending motion to only include the area basically north, mainly what is being requested. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councihnembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The motion as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Fried made a motion to approve No Parking Signs along the length of the L'Esplannade Shopping Center on Seaview Drive. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Camille Guething, 260 Seaview Drive addressed the Council on the No Parking Sign issue on Seaview Drive. Chief of Fire Rescue John Gilbert gave a brief report on his meeting with Chief Paulison from Metro Dade County, Chief Gimenez from City of Miami on May 8, 1997 regarding the situation with Metro Dade Fire Station #15. The proposals submitted by the Village of Key Biscayne Fire Rescue Department in the past to the Metropolitan Dade County Fire Department were not acceptable. Chief Gimenez from the City of Miami Fire Rescue Department stated that they would offer a proposal to Metro Dade Fire Department to take over the entire fire service south of the Rickenbacker Causeway and that may include the Village of Key Biscayne Fire Rescue Department, but would let the Village of Key Biscayne Fire Department know before going back to the Metro Dade Fire Department. Once Chief Paulison receives the proposal, he would then forward it to the County Manager. The Manager gave a brief report on the 1997 Goals and Objectives. Councilmembers agreed to submit their adopted goals and objectives to the office of the Village Clerk. 5of7 May 13, 1997 The Manager gave a brief report on the actions taken after the March 18, 1997 Town Meeting and stated that he was very pleased with the results. The Manager gave a report on the acquisition of property. Letters were sent to Mr. Rebozo and the SunTrust Bank. Mr. Rebozo responded that. he is not interested in selling and the SunTrust Bank has not responded. Vice Mayor Padovan requested, with consensus of Council; that the Manager, look into the Galleria Shopping Center and the Southern Bell Property. The Manager presented to the Council a request from the Key Biscayne Chamber of Commerce to use the Village Green on Saturday, June 14, 1997 from 11 A.Ivi; - 2 P.M. Councilmernber O'Reilly made a motion to- ,approve the request. The motion was seconded by Coirncilmember Sirne and approved by a 6-0 voice vote. The vote was as follows:: Counpilnrembers Fried;,J3an. O'Reilly, Sime, Vice Mayor l'aadovan and Mayor Festa voting "res.in The Manager reported on the flood plain management plan and explained that this is where `the Village is getting involved in the rating process. The Manager informed the Council that the 1997 Sixth Month Progress Report agenda, but was distributed tonight. It will be placed on tie next agenda. The Manager presented the proposed Sanitary Sewer construction program timetable: a) Collection system study completed by August 1, 1997; b) Workshops'August - September 1997; c.). Referendum- October 1997. The following informational items were submitted to the Council: the monthly departmental reports; letter to Village Manager from Lynn Whisenhunt, General Manager, Adelphia Cable regarding new cable rates, dated April 30, 1997 a copy of a Memorandum to the Board of County Commissioners regarding the passing of an Ordinance on completion of a CPR course prior to the issuance of a building permit for pool addition; Beach Preservation internship proposal for Lillian Flank; Village Manager attending the ,Florida Managers Conference; April 1997 Monthly Report Ivey 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 11:00 p.m. 6 of 7 May 13, 1997 Respe fully submitted: onchita H. Alvarez, Village Clerk Approved this 27th day of May, 1997: 1` ® 'oh '' F. Festa kityor IF A PERSON DECIDES TO APPEAL ANYDECISION MADEBYTHE VILLAGE COUNCIL WITH RESPECT TOANYMATTER 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, MAY 27, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDERJROLL CALL OF MEMBERS: The meeting was called to order by the Vice Mayor at 7:05 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan and Mayor John Festa (arrived at 7:37 p.m.). Councilmembers Christina Reed and Betty Sime were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Vice Mayor Padovan led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the Council Meeting of May 13, 1997, were approved by unanimous consent. 4. AGENDA: The following changes were made to the agenda: Councilmember Fried requested the addition of a report on the Riekenbacker Causeway Toll by Mayor Festa as item 9A7; Councilmember Han requested the addition of a brief report on the Beach Park as Item 9A8. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: There were no special presentations. 6. ORDINANCES: There were no ordinances considered by Council. 7. RESOLUTIONS: There were no resolutions considered by Council. 8. PUBLIC HEARINGS: There were no public hearings considered by Council. 1 of 6 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Fried requested a review of the fee structure agreement that was entered upon 6 years ago between the Village and the Village Attorney. Councilmember Fried made a motion to increase the Attorney's hourly fee from $135 to $150 per hour. The motion was seconded by Councihnember O'Reilly and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly and Vice Mayor Padovan voting Yes. Councilmember Sime submitted for Council approval, through the Attorney a proposed letter to the voters regarding the upcoming Charter amendment election. Councilmember Fried suggested that the Charter Revision Commission members be deleted from the letter and to add the Village Attorney's name. There were no objections to this change: Councilmember O'Reilly made a motion to approve the letter. The motion was seconded, by Councilmember Fried and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly and Vice Mayor Padovan voting Yes. Martha Broucek, 170 Ocean Lane Drive, addressed the Council. Councilmember Han gave a brief report on the progress of the Beach Park and requested Council consensus to have the Attorney write an executive summary of the lease of the land. There were no objections to this request. Village Attorney. The Attorney reported on a legal opinion requested by Council regarding the Rickenbacker Causeway Toll Revenues and specifically asked whether Metropolitan Dade County may borrow Rickenbacker Toll Revenues for use in funding improvements to the Venetian Causeway. Based upon the exclusive list of uses for the General Reserve Fund and the specific prohibition contained in Ordinance 86-51, it is the Attorney's opinion that the use of Rickenbacker Toll Revenues for financing improvements to the Venetian Causeway through the Loan is prohibited:. Village Clerk. The Clerk announced that the office of the Mayor had issued two proclamations during the month of May, recognizing June 1, 1997 as Stand for Healthy Children Day in Key Biscayne and June 14, 1997 as Flag Day of Key Biscayne., The Clerk announced to the Councilmembers the upcoming Florida League of Cities 75th Anniversary Celebration, Annual Conference to be held at Buena Vista Palace Resort, Walt Disney World Village, August 21-23, 1997. The Clerk submitted the following informational items: letter to Village Clerk from U.S. Senator Connie Mack, regarding the National Hurricane Center, dated MAY 2, 1997; letter to Village Clerk from Armando Vidal, Metropolitan Dade County Manager, regarding high noise levels from aircraft over Key Biscayne, dated May 12, 1997; letter to Village Clerk from Elbert W. Friday, Jr., Assistant 2 of 6 May 27, 1997 Administrator for Weather Services, Regarding the National Weather Service, dated May 14, 1997. Mayor Festa arrived at 7:37 p.m. and gave an update on his meeting with Chip Iglesias, Commissioner Morales' aid, and the Public Works Department regarding the Rickenbacker Causeway Toll. Councilmember O'Reilly made a motion to support the Mayor's views on the Rickenbacker Causeway. The motion was seconded by Councilmember Fried and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Jacqueline de Leon, 650 Ocean Drive; Heidi Archibald, 881 Ocean Drive addressed the Council. Mayor Festa requested a progress report from the Manager regarding the West Mashta Traffic Calming Project: The Manager addressed the Council and expressed that the project is going very well. The project started April 2, 1997 and the first circle was to be completed and opened to traffic today. The second circle will be completed by May 29, 1997. Mayor Festa requested the deferral of Item 9A3, Community Center Foundation. There were no objections to the request. Mayor Festa requested the deferral of Item 9A4, Council Rules and Procedures. There were no objections to the request. Mayor Festa gave an update on the playing fields issue at Virginia Key. The Mayor reported that he met with Chip Iglesias and Jose Toledo from Crandon Park Tennis Center. Mayor Festa requested approval from Council for the Manager to allow our planning staff and Michael Bain to put together a rough sketch of what type of facilities and playing fields we need at Virginia Key to be presented to the County. Councilmember Fried made a motion to authorize the manager to work with the County on the Virginia Key project. The motion was seconded by Vice Mayor Padovan and approved by a 5-0 voice vote. The vote was as follows: Couneilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Scott Bass, 201 Galen Drive addressed the Council. Village Manager. The Manager presented Bonnie Cooper to address the Council giving a synopsis on the Community Center Planning Design Program. 3of6 May 27, 1997 Bonnie Cooper, 77 Crandon Boulevard addressed the Council regarding a Charrette to take place from September 5 to 7, 1997 and stated that the cost would not exceed $15,000. Village Planner, Raul Lastra addressed the Council on the Civic Design Charrette. Camille Guething, 260 Seaview Drive; Conchita Suarez, 201 Crandon Boulevard; Haydee Archibald, 881 Ocean Drive; Martha Broucek, 170 Ocean Lane Drive; Bill Ofgant, 512 Fernwood Drive; Julie Alvarez, 234 Seaview Drive; Steve Simon, 335 Harbor Lane; Nancy Gamweil, 571 Glenridge Rod; Pat Weinman, 940 ManneDrive;Elaine Gross, 211 Island Drive; Mary Craibill, 210 Knollwood Drive; Carol Mullen O'Leary, 444 Fernwpod Drive, addressed the Council on the Community Center issue. Councilmember Han made a motion to approve the Charrette, but not to exceed the $15,000. The motion was seconded by Councilmember Fried and approved by a 4-1 voice vote. The vote was as follows: Councilmembers Han, Fried, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmenrber O'Reilly voting No. The Manager requested the approval to purchase and finance an Electronic Filing System for $14,500. The funds would come from the Florida Department of Investment Trust Fund $ 6,000; from the Local Law Enforcement Block Grant $ 5,658; from the 1997 Operating Police Budget- Equipment $ 2,842. Mayor Festa made a motion to approve the purchase. The motion was seconded by Councihnernber Fried and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. The Manager reported on the proposals for auditing services. The Manager requested authority to negotiate a contract with the firm that returned the proposal. Councilmember Fried made a motion to approve the request. The motion was seconded by Mayor Festa and approved by a 4-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. Councilniember O'Reilly voting No. The Manager reported on a letter received by the Dade County Mosquito Control Program indicating that the request made to that Department by the Village could not be accommodated; The Manager was directed to get in touch with the Dade County Mosquito Control Program and find out what kind of cost we are talking about for the loudspeakers and report back to Council. Pat Weinman, 940 Mariner Drive addressed the Council on this issue. The Manager presented to the Members of the Council an analyses of sites available for sale. The Manager was directed to look into how much Ad Valorem taxes are paid by each one of the properties, to further look into the Southern Bell property and to find out the selling price for all listed properties. Regarding the Rebozo property, the Manager is to find out how long it will take 4 of 6 0 May 27, 1997 for the Department of Environmental Research Management to submit their contamination report. The Manager presented to the Mayor and Members of the Village Council the Village's 1997 Sixth Month Report. The Manager announced that the Metro Dade Environmental Control Board Hearing is scheduled for Thursday, June 12, 1997 at I :30 P.M. regarding the application for extension of time from the requirements of 24-13(7) of the Metropolitan Dade County Code for Sanitary Sewer. The Manager announced that there will be a Local Planning Agency Meeting on June 24, 1997 and a Public Hearing on the proposed Fanwood Road zone change. There were no objections to this schedule. The Manager requested deferral of Item 9D9, Growth Management Act Exemption, to the next Council Meeting, since it was not included in the agenda package. There were no objections to this request. The following informational items were submitted to the Council: letter to Village Manager from the Village Attorney, regarding the Federal Preemption of regulation of certain satellite dishes dated May 8, 1997; letter to Mr. Lawrence S. Feldman, Region Director Dade County Public Schools from the Village Attorney regarding the Village of Key Biscayne Grant Agreement, dated May 9, 1997; letter to Village Manager from Debbie Gomberg, President, Huntington's Disease Society/South Florida Chapter regarding the Huntington's Disease Triathlon on August 3, 1997 on the Rickenbacker Causeway; letter to Representative Bruno Barreiro from Village Manager, dated May 13, 1997. The Village Attorney informed the Council that an Executive Session needs to be held on the Crandon Park Master Plan Lawsuit, as soon as possible. The Clerk was directed to get in touch with Attorney Joe Serota to schedule the Executive Session. 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 public. 12. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. 5 of 6 May 27, 1997 Resp lly submitted: di(Sede °whits H Alvarez, Village Clerk Approved this loth day of June .1997: F. Testa' yor 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 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. 6of6 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 10, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:10 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Councilmember Christina Reed was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez, Deputy Clerk Vivien Mauri and Village Attorney Steve Heitman. 2. INVOCATION: Reverend Pat Arnold, of 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 Special Council Meeting of May 27, 1997, were approved by unanimous consent. 5. AGENDA: The following changes were made to the agenda: the Deputy Clerk requested the removal of two misplaced. pages under Item 10D6 and the addition of the word PUBLIC to Items 9A and 9B. The Village Manager requested the addition of appointment of voting delegate to Florida League of Cities Annual Conferences as Item 10A9. Vice Mayor Padovan requested the addition of a report on the Dade County League of Cities as Item 10A10. Mayor Festa requested the withdrawal of Item 10A1. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: There were no special presentations. 7. PUBLIC COMMENTS: Martha Broucek, 170 Ocean Lane Drive addressed the Council. 1 of June 10, 1997 8. ., ORDINANCES: The Deputy Clerk read the following ordinance, on fast reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Festa made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried and adopted bys. 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes,, ., RESOLUTIONS: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF TIIE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO MANTY SABATES MORSE, DADE COUNTY PUBLIC SCHOOL BOARD MEMBER FOR BEING INSTRUMENTAL IN THE ADDITION OF THE MIDDLE SCHOOL TO KEY BISCAYNE. FOR THE SCHOOL YEAR 1998-1999; PROVIDING FOR AN, EFFECTIVE DATE. Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers. Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO THE DADE COUNTY PUBLIC SCHOOL BOARD MEMBERS FOR THEIR SUPPORT IN THE CONVERSION OF THE KEY BISCAYNE ELEMENTARY SCHOOL TO A K-8 SCHOOL FOR THE SCHOOL YEAR 1998-1999; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve. the resolution. The motion .was seconded by Councilmember Sime and approved bya 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 2 of 7 June 10, 1997 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Han addressed the Council regarding the existing Council Rules and Regulations. Councilmember O'Reilly made a motion to place the Manager's report in the agenda immediately after the ordinances and resolutions. The motion was seconded by Councilmember Sime and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Fried, O'Reilly, Sime voting Yes. Councilmembers Han, Vice Mayor Padovan and Mayor Festa voting No. Councilmember Sime made an amendment to the O'Reilly motion to place the Manager's report on the agenda after the Mayor and Councilmembers' report. The motion was seconded by Councilmember O'Reilly and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Fried, O'Reilly, Sime voting Yes. Councilmembers Han, Vice Mayor Padovan and Mayor Festa voting No. Councilmember Han made a motion to amend resolution 97-3 by adding Section 15 which will say that at all Regular and Special Council Meetings the Manager's report should begin no later than 1000 p.m. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa requested to defer the discussion on the tie vote, but requested that the Clerk provide the Council with a list of all votes that have failed because of the inability to break a tie or have less than four positive votes but yet not have four negative votes for an issue. Mayor Festa requested that when Councilmembers know in advance that they be unable to attend a Council meeting to let the Village Clerk know, so she can announce the Councilmembers' absence at the respective meeting. Councilmember Han gave a brief report on the Beach Park regarding his meeting with the Beach Club. The Attorney addressed the Council regarding the feasibility on limiting the accessibility to this park to Village residents only. The Attorney also stated that they are in the process of a friendly proceeding against the Ocean Club which will allow an existing restriction to be removed so that it does not limit the Village's usage of that area for public park purposes. The Ocean Club has agreed to go through this process and pay for all the costs associated with it. This process should be completed within the next 120 days. Jacqueline de Leon, 650 Ocean, #5B; Tony Gorrin Aldecoa, 650 Ocean Drive #10E; Silvia Maiztegui, 590 Ocean Drive, #3A; Ed Meyer, 100 Sunrise Drive; Garcia, 650 Ocean Drive, addressed the Council. 3 of 7 June 10, 1997 Mayor Festa gave a brief report on the meeting held on May 29, 1997 with the Post Office regarding the on going noise problem. One of the options is to delay the deliveries to the Post Office from 5.30 a.m. to 630 p.m. Staff to; bring update on this issue when it is available. Mayor Festa gave a brief update on the issue of the Ricleenbacker Causeway Toll. Jacqueline de. Leon, 650 Ocean Drive addressed the, Come Vice Mayor Padovan. requested authorization from Council to meet with the Dade County Public School regarding an auditorium and other facilities for Key Biscayne. Vice Mayor Padovan, addressed the Council on this issue and by Council consensus, authorization was, granted to Vice Maor.P.adot+an to meet with the Dade Chanty Public School regarding facilities .;for•Key Biscayne; Conchita Suarez, 201 Crandon Boulevard; Carol Mullen O'Leary, 444 Fernwood Drive,• Bonnie Cooper, 77 Crandon Boulevard; Heidi Archibald, 881 Ocean Drive; Raul Llorente, 345 Cypress Drive; Martha Broucek,170 Ocean Lane Drive addressed the Council Vice Mayor Padovan reported on the "Keep Me Safe" Summit Dade County Public Schools. By Council consensus Vice Mayor Padovan was appointed to be the Village's representative during the Summit.. Mayor Festa addressed the Council recommending the reappointment of Rosemary Sala for the Office of Special Master. Councilmember Sime made a motion to -reappoint Rosemary Sala as Special Master. The motion was seconded by Viee Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Couneilmembers Fried, Han, O'Reilly, Sime, Viee Mayor Padovan and Mayor Festa voting Yes: The Mayor will bring back at the next Council meeting the appointment of the other Special Master. The -Manager addressed the Council requesting the appointment of Couneilmember Fried as a voting delegate to the AnnualConference of the Florida League of Cities. Mayor Festa made a motion to nominate Councilmember Fried. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote, The vote was as follows; Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Vice Mayor Padovan reported that the Dade League of Cities appointed a County Revenue Sharing Committee that will meet on June 24, 1997, place and time to be determined. This Committee will be presenting a revenue sharing proposal of a one cent sales tax. The Committee will also be looking at the one cent tax on gasoline at a second hearing on. June 17, 1997. Vice Mayor Padovan requested to have an opinion from Council to present at the Dade League of Cities and recommended supporting this one tax increase. 4of7 June 10, 1997 Conchita Suarez, 201 Crandon Boulevard addressed the Council. Village Attorney. The Attorney gave his report under Item 10A3. Village Clerk. The Clerk submitted the following informational items: Thank you letter to Mayor and Members of the Village Council from Mayor Alex Penelas regarding the recent loss of his Mother, dated May 22, 1997. The Mayor addressed the Council and public with the results of the Special Election held today regarding the Charter amendments. Councilmember Han requested to be excused from the meeting-at8:54 p.m. due to a family emergency. Village Manager. The Manager reported that SunTrust property responded to his letter and have requested to appear before Council. The Manager recommended that they appear before Council at the Regular Council Meeting of July 1, 1997. By Council consensus SunTrust representatives should appear before Council as recommended by the Manager. The Manager reported on the Growth Management Act Exemption. Attorney Stephen Hellman addressed the Council on this issue. The request was not granted but DCA has indicated that they will be willing to enter into agreements with local governments to narrow the scope of what has to be updated in a Comprehensive Plan. The Manager requested that John Little, Director of Building, Zoning and Planning addressed the Council giving a brief report on the Key Biscayne Geographical Information System. Laura Stoddard was introduced at this point, addressed the Council explaining what GIS is and what it does by presenting several samples to the Council and public. The Manager announced that there will be an Environmental Quality Control Board Meeting on June 12, 1997 at 1:30 P.M., at the Metro -Dade Center; 111 NW 1st Street, Conference Room 3, 18th Floor. The County Board will permit the Village to connect by the year 2006. Stephen Helfman addressed: the Council on this issue. Carlos Penin, CAP Engineering addressed the Council stating that completion of the sewer system is expected for the year 2000. Mayor Festa requested authorization from Council to negotiate with the Metropolitan Dade County Environmental Quality Control Board for extension of the year 2006. The Mayor was authorized by Council consensus. The Manager reported on the Public Right-of-way study. The study is about 40% complete and reflects 286 violations. Vice Mayor Padovan recommended to enforce violations as properties are sold. This issue will be brought back to a next council meeting. 5of7 June 10, 1997 The Manager presented to Council a Proposed Fire Rescue/Police Retirement Plan. The Manager requested authorization from Council to spend funds to employ the services of an impartial Actuarial Consultant and an Attorney to review their proposal. The Manager also requested authorization to send the plan to the State of Florida Division of Retirement for review. By consensus of the Council, the above requests were approved. The Manager presented to Council a report from the Chief of Fire Rescue, John C. Gilbert, regarding a Voice Messaging Service for the Village. Mayor Festa made a motion to implement a voice message serrvice for the Village. Vice Mayor Padouan seconded the motion and it was approved by a'5-0 voice -vote. The vote was as follows: Couneilmembers Fried, O'Reilly:Sirne, Vice Mayor. Padovan and Mayor Festa voting Yes. ThiA4`Manager presented to Council a letter from Marlon Nelms, Chief of the Mosquito Control Division,lvletropolitan Dade County Public Works Department stating that the loudspeakers would cost approximately $500 per unit. They will, therefore, not be able to implement this suggestion. Heidi Archibald, 881 Ocean Drive addressed the Council. The Manager was requested to invite Lee Niblock to a Council meeting to make a presentation on the mosquito control program that Bill Baggs State Park has implemented. The following inforrnational items were submitted to the Council: the monthly departmental reports; thank you letter to Village Manager from Donald Keller, Media and Public Relations Chairman, American Legion, Key Biscayne Post, dated May 27, 1997; letter to Village Manager from Guy Smith, 701 Fanwood Road regarding the circleat the intersection of Femwood Road and, West Mashta Drive, dated May 29, 1997; Public Notice of Change of Land Use for Femwood Road, 1997 Assessment Roll Estimate. 11. OTHERBUSINESS/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 10:15 p.m. 6of7 June 10, 1997 Re e fully sub 'tied: Conchita H. Alvarez, Village Clerk Approved this 24th day of June , 1997: IFA PERSONDECIDESTOAPPEAL 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. 7of7 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 1, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayorat 7:00 p.m Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly (arrived at 7:06 p.m), Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Councilmember Christina Reed was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: Reverend Jose Luis Hernando, from Saint Agnes Catholic Church gave an invocation. At this time Mayor Festa requested a moment of silence in memory of Jorge Portela. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the Local Planning Agency Meeting of June 24, 1997 and the minutes of the Special Council Meeting of June 24, 1997, were approved by unanimous consent. 5. AGENDA: The following changes were made to the agenda: Councilmember Sime requested the addition of West Mashta Sewer as Item 10A3; the Clerk requested the addition of a resolution regarding Virginia Key as Item 9B and Mayor Festa requested the addition of a brief report on the Rickenbacker Toll as Item 10A4. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: A report on the SunTrust Bank property by Toby Prince Brigham, Esquire, Brigham Moore Gaylord Schuster Merlin & Tobin, was re -scheduled for the September 9, 1997 Council meeting. Joan Gill Blank gave a report to the Council and public on the Key Biscayne Heritage Trail. James DeCocq, Assistant to the Village Manager also addressed the Council on this issue. Jeff Bronow, Consultant from the firm Tischler & Associates gave a report on Impact Fees with the recommendation that impact fees not be pursued as a revenue source for the Village. The Manager was directed to look into the exact amount contributed by Grand Bay to the School Board. 1of5 July 1, 1997 7. PUBLIC COM1VIENI'S: Gerald Broucek, 170 ocean Lane Drive; Carol Mullen O'Leary, 444 Fernwood Drive; Ed Meyer, 100 Sunrise Drive addressed the Council. Lt McElhaney from the Police Department and Fire Chief .lolm C. Gilbert addressed the Council and the public regarding safety with fireworks on the 4th ofduly. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: ,ORDINANCE -OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING DIVISION; 2 ;"PURCHASING" ';OF ARTICLE IV 4"FINA'NCE" OF CHAPTER 2 "ADMINIS 1'1RATION"- OF THEwVILLAGE•CODE BY AMENDING SECTION 2-87 "EXEMPTIONS FROM COMP,ETITIVE;BIDDING" AND CREATINGSECTION 2-88 "DESIGN -BUILD CONTRACTS" TO PROVIDE PURCHASING PROCEDURE FOR DESIGN -BUILD ACTS" AWARDED PURSUANT TO SECTION 287.055, FLORIDA STATUTES. The Mayor opened the public hearing. There were no, speakers present. The Mayor closed the public hearing. Councilmember Fried . made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Padovan and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice, Mayor Padovan and Mayor Festa voting Yes: RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF IHE VILLAGE OF, KEY BISCAYNE, FLORIDA; DETERIVHNING THE PROPOSED MILLAGL. 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 MD 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. Councilmember Fried made a motion, to approve the rescind -dim The motion was seconded by Councilmember Han. Councilmember O'Reilly made an amending motion to substitute the rolled - back rate with $3:563. The motion was seconded by Vice Mayor Padovaniand ,failed by a 2-4 roll call vote. The vote was as followsr Councilmember O'Reilly and Vice Mayor Padovan voting Yes. Councilmembers'Tried Han, Sine and Mayor Fiesta voting No. 2of5 0 0 July 1, 1997 The Manager addressed the Council on this issue. There was extensive discussion from Council on this resolution. The resolution was approved by a 4-2 roll call vote. The vote was as follows: Councilmembers Fried, Han, Sime and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Padovan voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, : FLORIDA, EXPRESSING OPPOSITION OF THE VILLAGE COUNCIL TO THE REQUESTED RELEASE OF THE DEEDRESTRICTION HELD BY DADE COUNTY UPON CERTAIN LANDS OWNED BY THE CITY OF MIAMI SITUATED IN VIRGINIA KEY; PROVIDING FOR DISTRIBUTION OF RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE Couneilmember Fried made a motion to approve the resolution. The motion was seconded by Couneiimember Sime. Mayor Festa madean amending motion to add in the first whereas clause after Dade County the following: ", as a part of the negotiations regarding the arena site"; to substitute the word "would" by "could", strike "the citizens and residents of the Village of Kcy Biscayne and the community" and add "and Dade County" in the second whereas clause; strike in Section 2 "expressca its oppooition'and abjection to the" and substitute with "requests that the County not", add the word "any" between the words "to" and "consideration" and strike the words "the requested" and substitute the word "release" by "releasing". The motion was seconded by Councihnember O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Vice Mayor Padovan addressed the Council regarding the enforcement of the "Passive Park Resolution". There was extensive discussion from Council on this issue. Antoinette Gorrin-Aldecoa, 650 Ocean Drive; Heidi Archibald, 881 Ocean Drive; Felix Garcia, 650 Ocean Drive; Miriam Miyares, 650 Ocean Drive; Sylvia Maiztegui, 590 Ocean Drive; Martha Broucek, 170 Ocean Lane Drive; Carol Mullen O'Leary, 444 Femwood Road addressed the Council. 3of5 July 1, 1997 The Manager presented to the Council a revised project list of Goals and Objectives adopted at a Council Meeting held on April 1, 1997. The list consisted of several specific goals that several of the-Councilmembers adopted and will follow progress throughout the year. Couneilmember Sime requested that Nancy Doke Harrison, 200 West Mashta and Christian Johannsen, 212 West Mashta addressed the Council regarding the West Mashta sewer issue. They requested a special taxing district and to be charged on a pro rata share for the pump station. The Attorney addressed the Council on this issue and was directed to, look into- how to initiate a special taxing district vote by the residents. Cou ciln ember O'Reilly made a Motion to authorize the Manager to direct C.A.P. Engineering to prokedxWith 'engineering plans for the West Mashta sewer. The notion was seconded by CoGncilme%iber-Fried and approved by a 6-0 voice vote. The votewas as follows:‘ Councihnembers FridenthricDPReilly,, Site, Vice? MayorPadovanendMayorFestavoting-Yes.,; Mayor Festa gave a brief update on the Riekenbaeker Toll issue. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted the following item to the Council for information: letter to Village Clerk from United States Senator Connie Mack regarding high noise levels from aircraft over Key Biscayne, datedTune 6, 1997. Village Manager. The Manager addressed the Council regarding the proposed Police. Department Grant recommending application for this program. • Counciltember O'Reilly made a motion to authorize the, Manager tn apply fork this program The motion was seconded by Couneilmember Fried and approved bra 4-2 voice vote. Vice Mayor Padovan and Mayor. Festa voting No. The Manager presented to the Council a list of streets scheduled for complete paving. The Manager requested withdrawal of this item. The Manager presented to the Council an updated site analyses and their potential for development for future Village facilities., The Manager reported on the Fire/Police proposed retirement plan. The Attorney addressed the Council on this issue stating that he had found an attorney that will do the analysis for a fee not to exceed $4,600. The Manager brought to the Council's attention that since the Charter was amended he would like some direction regarding the 1997 Community Grant program. Staff was directed to bring back to 4 of S. 0 J July 1, 1997 Council a simplified document for this process. The following information items were submitted to the Council: Letter to Mr. Danny Hinson, ISO CRS, from Robert E. McBeth, Chief, Mitigation Programs Branch, Federal Emergency Management Agency regarding the National Flood Insurance Program, dated June 19, 1997; Village of Key Biscayne Floodplain Management Plan Working Review Committee Membership list; Letter to Village Manager from Donald Keller, Media and Public Relations Chairman, American Legion, regarding the 4th of July Celebration; Memorandum to Village Manager from Huntington's Disease Society, dated June 25, 1997, regarding the Triathlon to be held on the morning of August 3, 1997 on. the Rickenbaeker Causeway; Village of Key Biscayne 1996 Annual Report pamphlet; DOT Won't Install Roadside Crosses; Memorandum to Village Manager from John C. Gilbert, Chief of Fire Rescue regarding update of Voice Mail Telephone Number, dated June 27, 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 10:20 p.m. Res' ' . ully submitted: Conchita IL Alvarez, Village Clerk Approved this 26th day of August ,1997: /Toa F. Festa ayor IFA 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 THE APPEAL IS TO BE BASED. - 5 of 5 0 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA FRIDAY, JULY 11, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL: TO ORDE1VROLL CALL OF MEMBERS: The meeting was called to order by the Vice Mayor at 9:00 a.m. Present were Councilmembers Mortimer Fried, Hugh O'Reilly, Betty Sime and Vice Mayor Michele Padovan. Councilmember Gregory Han and Mayor John Festa were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: The Vice Mayor led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: There were no minutes submitted for the consideration of the Council. 4, AGENDA: The following changes were made to the agenda: the Clerk requested the substitution of the two ordinances included in the agenda package by the ones given out today, due to a scribners error, Councilmember Sime requested the addition of a revisit to the resolution regarding Virginia Key; Councilmember O'Reilly requested to reconsider Resolution 97-37 regarding the millage rate; Vice Mayor Padovan requested the addition of two resolutions passed at the last Dade League of Cities Meeting. There were some objections to the requests. The Attoney addressed the Council regarding Councilmember O'Reilly's request, stating that this Special Meeting was advertised to the public for a specific matter and that it was not appropriate to bring any other matters to the table without proper notification to the public. Vice Mayor Padovan made a motion to include in the agenda the revisit of Resolution 97-38 regarding Virginia Key. The motion was seconded by Councilmember Sime and failed by a 2-2 voice vote. The vote was as follows: Councilmember Sime and Vice Mayor Padovan voting Yes. Councilmembers Fried and O'Reilly voting No. Vice Mayor Padovan made a motion to add to the agenda two resolutions passed at the Dade League of Cities. The motion was seconded by Councilmember O'Reilly and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, O'Reilly, Sime and Vice Mayor Padovan voting Yes(" I of 4 July 11, 1997 5. ORDINANCES: The Clerk read the following emergency ordinance by title: AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9, 1997, TO FILL THE. UNEXPIRED TERM OF VILLAGE COUNCILMEMBERCREATED BY 1'Hl: RESIGNATION OF COUNCILMEMBER CHRISTINA DEARING REED, IN ACCORDANCE WITH VILLAGE CHARTER SECTION 2.05 (c)(ii); .PROVIDING,': FOR CONDUCT OF ;ELECTION;; ESTABLISHING QUALIFYING >PERIOD°TO FILE FOR COUNCIL,YACANCY PROVIDING FOR EFFECTIVE DATE; DECLARING EMERGENCY. • The Vice Mayor opened the public hearing. There were no speakers present. TIie Vice Mayor closed the public hearing. Councilmember Fried made a motion to adopt the emergency ordinance. The motion was seconded by Counciirnenber-Sine and failed by a, 4-1 roll call vote. The Vote was as follows:' Councilmembers Fried, Sime and Vice Mayor Padovan voting Yes. Councilmember O'Reilly voting No. There was;extensive discussion from Council on this issue. The Attorney addressed the Council on this issue. t Martha B&oucek, 177 Ocean Lane .Drive, addressed the Council; Councilmember O'Reilly made a motion to reconsider the ordinance. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The -vote was as follows: Councilmembers Fried, O'Reilly, Sime and Vice Mayor Padovan voting Yes. The emergency ordinance was approved by a, 4-0 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Sime and Vice Mayor Padovan voting Yes. The Clerk read the following ordinance, on first reading, by title; AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9,1997, TO FILL THE UNEXPIRED TERM OF VILLAGE COUNCILMEMBER CREATED BY THE RESIGNATION OF COUNCILMEMBER CHRISTINA DEARING REED, IN ACCORDANCE WITH VILLAGE CHARTER SECTION 2.05 (c)(ii); PROVIDING FOR CONDUCT OF ELECTION; ESTABLISHING QUALIFYING PERIOD TO FILE FOR COUNCIL VACANCY; PROVIDING FOR EFFECTIVE DATE. 2of4 July 11, 1997 The Vice Mayor opened the public hearing. There were no speakers present. The Vice Mayor closed the public hearing. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Sime and adopted by a 4-0 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Sime and Vice Mayor Padovan voting Yes. RESOLUTIONS: The Clerk read the following resolution by tittle: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING THE CANDIDACY OF VICE MAYOR JOHN KURZMAN FOR THE POSITION OF 2ND VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES INC; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, O'Reilly, Sime and Vice Mayor Padovan voting Yes. The Clerk read the following resolution by tittle: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING METROPOLITAN DADE COUNTY'S WAGES COALITION; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Padovan made a motion to approve the resolution. The motion was seconded by Councilmember O'Reilly and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, O'Reilly, Sime and Vice Mayor Padovan voting Yes. 6. REPORTS AND RECOMMENDATIONS: The following information items were submitted to the Council: Letter to Village Clerk from Thomas E. Stuckey, Acting Director, Flight Standards Service, U.S. Department of Transportation regarding high noise levels from aircraft, flying over Key Biscayne, dated June 24, 1997; letter to Village Clerk from Mike Lindsey, Senior Management Analyst, Honda Department of State, Division of Elections, regarding Security Procedures for Voting, dated June 26, 1997; letter to Village Manager from Jeffrey L. Esser, Executive Director, Government Finance Officers Association regarding the Distinguished Budget Presentation Award for the current year to the Village of Key Biscayne, dated June 26, 1997; letter to Village Manager from Jeffrey R. Bunting, Principal Planner, Aviation Department, Metropolitan Dade County, regarding site selection for Aircraft Noise Monitor, dated June 30, 1997; letter to Village Manager from Gary Laden, Chief, Consumer Protection and Competition Division, Cable Services Bureau, Federal 3 of 4 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 26, 1997 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 Mortimer Fried (arrived at 7:05 p.m.), Gregory Han (arrived at 7:05 p.m.), Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. 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 Council Meeting of July 1, 1997 and the minutes of the Special Council Meeting of July 11, 1997, were approved by unanimous consent. 4. AGENDA: The following changes were made to the agenda: Vice Mayor Padovan requested that Item 9A2 be heard together with Item 6A1 since they are related and also requested the addition of a brief discussion on political signs as Item 9A8; the Manager requested to delete Item 9D8 under his report; the Mayor requested that Item 9D2 be heard after the Attorney's report. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: The Mayor and Members of the Village Council presented Resolution 97-32 to the Honorable Manty Sabates Morse, District Six, Dade County School Board. School Board Member. Mrs. Morse addressed the Council thanking them for this distinction. Sandra Goldstein, Village Resource Volunteer made a presentation on the proposed Long Range Beach Nourishment Plan prepared by Coastal Systems International, Inc. Ms. Goldstein was requested to present -additional information at the next Council meeting. 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER30 "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; 1 of 10 August 26, 1997 PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SIZE, ETC" SECTION 30-54 "ROOFTOP AND ROOF OVERHANGS," SECTION 30-55 "DRIVEWAY AND PARKING CRITERIA," SECTION 30-56 "LOT ELEVATION," SECTION 30-60 "FENCES AND WALLS," SEC 110N 30-61 "ACCESSORY BUILDINGS AND i1SE5f' SECTION 30-63 "DOCKS AND MOORING PILES"; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; AND PROVIDING AN EFFECTIVE DATE. Village Planner Raul Lastra addressed the Council giving an overview of the ordinance. John P. Little, Director of Building, Zoning and Planning also addressed the Council on this issue. The Mayor opened the public hearing. Roberto Cambo, 670 S. Mashta Drive Ocean ➢riveaddressed the Council, TheMayor dosed -the public hearing. idwrchiba1d,$881. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember O'Reilly. Vice Mayor Padovan made an amending motion to change. Sec. 30-60 to say within 50 feet from any waterway, Couneilmember Han seconded the motion. Village Planner Lastra and Director Little addressed the Council on this issue. Vice Mayor Padovan withdrew her motion. The ordinance was adopted on first reading; by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A .85 PERCENT (85%) EXCISE TAX IN INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVING SAID TAX SHALL BE IN ADDITION TO ALL OTIIEI1LICEN$E TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PROVIDING FOR AN;EFFECTIVEDATE. The Manager and Attorney Steve Sipen addressed the Council regarding this,ordinance_ 2 of 10 August 26, 1997 PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SIZE, ETC" SECTION 30-54 "ROOFTOP AND ROOF OVERHANGS," SECTION 30-55 "DRIVEWAY AND PARKING CRITERIA," SECTION 30-56 "LOT ELEVATION," SECTION 30-60 "FENCES AND WALLS," SE(:IION 30-61 "ACCESSORY BUILDINGS AND USES;" SECTION 30-63 "DOCKS AND MOORING PILES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR PENALTY; AND PROVIDING AN EFFECTIVE DATE. Village Planner Raul Lastra addressed the Council giving an overview of the ordinance. John P. Little, Directorof Building, Zoning and Planning also addressed the Council on this issue. The Mayor opened the public hearing. Roberto Cambia, 670 S. Mashta Drive; Heidi?Archibald, 881 Ocean Drive- addressed the Council. The,Mayorclosed the public hearing. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember O'Reilly. Vice'Mayor Padovan made an amending motion to change Sec. 30-60 to say within 50 feet from any waterway. Councilmember Han seconded the motion. Village Planner Lastra and Director Little addressed the Council on this issue. Vice Mayor Padovan withdrew her motion. The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows. Councilmembers Fried, Hun, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on first reading, by title. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX IN INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL. PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMIT&OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND. FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. The Manager and Attorney Steve Sipen addressed the Council regarding this ordinance. 2of10 August 26, 1997 The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Han made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND ' IMPOSING A 1.85 PERCENT (1.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON PROPERTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Han made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. 3 of 10 August 26, 1997 Councilmember Han made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember O'Reilly and adopted by a 6-0 roll call vote. The vote was as follows: Couneilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9,1997, TO FTLT THE UNEXPIRED TERM OF VILLAGE COUNCILMEMBER CREATED BY THE RESIGNATION OF COUNCILMEMBER CHRISTINA DEARING REED, IN ACCORDANCE WITH VILLAGE CHAR1'ER,SECTION .OS(c)(iij; PROVIDING FOR CONDUCT OF ± ,ECTION; ESTABLISHING QUALIFYING, PERIOD TO FILE FOR COUNCIL VAC NCY; PROVIDING FOR AN EFFECTIVE DATE. The. Mayor opened the public hearing. He di:t rchibald, 881,; Ocean Drive addressed the Council. The. Mayer closed. the publiclhearing. Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilrnember Rrr e and adopted by a P-9 Toll call vote. The vote was aafollows: Councilntemhbrs Frried. flan. O'Reilly, Si f e, Vice Mayor Padoyan,and Mayer' Vesta voting Yes. The Clerk read the following -ordinance, on secondreadi°ngl AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREIIEN`SSIVE 1WASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM. DENSITY SINGLE FAMILY RESIDENTIAL TO TWO =FAMILY RESIDENTIAL FOR SEVERAL PARCE! S OF REAL PROPERTY.' L 3CAI'ItD ON FERNWOOD`ROAD; PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. Gordon Reed, 738 Fernwood Road; Guy Smith, 701 Fernwood Road addressed the Council. TheMayor closed the public hearing. Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Han and adopted by a 6-O7.roll call vote. The votewas as follows: Councilmembers Fried; Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 7 RESOLIJTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; 4of10 August 26, 1997 SUPPORTING DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA LEGISLATURE TO HOLD A SPECIAL SESSION IN THE FALL OF 1997 TO DEVELOP AND PROVIDE THE APPROPRIATE FUNDING AND LEVELS OF FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN THE STATE. Vice Mayor Padovan made a motion to approve the resolution. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan 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 AN INSURANCE AGREEMENT WITHTHE FLORIDA LEAGUE OF CITIES RISK MANAGEMENT SERVICES FOR WORKERS COMPENSATION, AUTO AND GENERAL LIABILITY COVERAGES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Han made a motion to approve the resolution. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime,Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE VILLAGE OF KEY BISCAYNE BUSINESSES THAT HAVE COMPLIED WITH THE SIGN ORDINANCE. Councilmember Sime requested deferral of this resolution to the next Council meeting. There were no objections to the request. 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 THIRD AMENDMENT TO LEASE AGREEMENT, ON BEHALF OF THE VILLAGE, WITH SUNTRUST BANK, MIAMI, N.A., FLORIDA, FOR INCLUSION OF ADDITIONAL LEASED PREMISES AT 85 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 5 of 10 August 26, 1997 Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Councilmember Han_ The Manager addressed the Council on this resolution. Councihnember Han made an amending motion to change the amount for the rent to $1,200. The motion was seconded by Couneilmember O'Reilly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The resolution .as amended was approved by a 6-0 voice. vote. The vote . was„ as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 8, PUBLIC HEARINGS: All witness giving testimony in the following zoning hearings were sworn in by the Clerk. Hearing Number 97 -0826 -VC -01. Elsy Correra, 585 GIenridge Road, the applicant requested a non- use variance of seven -and -a -half foot (7.5') interior side setback requirement pursuant to Section 33- 53.1 of the Key Biscayne Code to allow six foot (6') interior side setback from the southerly property line to the existing one-story single family residence. John Little, Director of Building, Zoning and Planning addressed the. Council with staffs recommendations of conditional approval: The Attorney briefly addressed the Council on this issue. The Mayor opened the public hearing. Angie Christie, 585 Glenridge Road; Elsy Correra, the applicant addressed the Council. The Mayor closed the public hearing. Councilmember Han made a motion to approve the variance according to staff's recommendation with the condition that the definition of driveway be defined as meaning the entire _driveway. The motion was seconded by Councilmember O'Reilly. Mayor Festa made an amendingmotion to. either delete Section 3, concrete slab and indicate that the slab needs to be cut or a barrier erected to prevent water from flowing over. " Councilmember O'Reilly seconded the motion and it was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Sime made an amending motion to delete the driveway compliance. The motion was seconded by Vice Mayor Padovan and approved by a. 5-1 roll call vote. The vote was as follows: Councilmembers Fried,. O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting 6of10 August 26, 1997 Yes. Councilmember Han voting No. The variance as amended was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Hearing Number 97 -0826 -VC -02. BellSouth Mobile Systems Group, 89 Westwood Drive, the applicant requested: a.) Pursuant to Section 33-13 of the Metro -Dade County Zoning Code, the approval of an unusual use of an unmanned new telecommunications tower facility to be located at the subject property; b) Pursuant to Section 33-62 of the Metro -Dade County Zoning Code, a non- use variance of structure height requirement to allow the top of the proposed unmanned telecommunication tower facility to be higher above its foundation than ninety -percent (90%) of the horizontal distance from its base to the nearest point on adjacent property under another ownership, which will exceed the maximum -allowed height by approximate ten point four feet (10.4'). The Attorney addressed the Council stating that the firm has represented BellSouth for 15 years and would refrain from making any advise. John Little, Director of Building, Zoning and Planning addressed the Council with staffs recommendations for denial without prejudice of requests #1 and #2. The Mayor opened the public hearing. Joel K. Gustafson, Holland & Knight, One East Boulevard, Ft. Lauderdale, attorney for the applicant, Joseph Ward, Senior RF Engineer, BellSouth Mobility and Karen Regetta, Product Manager, BellSouth Mobility addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council on this issue. At this point the attorney for the applicant, Joel K. Gustafson, requested deferral of this hearing to the next zoning meeting on September 23, 1997. Councilmember Han made a motion to grant the deferral. The motion was seconded by Councilmember O'Reilly and approved by 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Hearing Number 97 -0826 -VC -03. Commodore Club West, East and South, 1551177 /199 Ocean Lane Drive, requested pursuant to Section 33-50 of the Dade County Code, an approval of a non `use variance of seventy -five-foot (75') front setback requirement for accessory buildings to allow twenty -foot (20') front setback from a proposed addition of the existing guard house to the front property line of the subject property. John Little, Director of Building, Zoning and Planning addressed the Council with staff's recommendation of approval. 7of10 August 26, 1997 The Mayor opened the public hearing. Dr. Robert Maggs, President of the Commodore Club West Condominium Association; Martha Broucek, 170 Ocean Lane Drive, President of the Ocean Lane Plaza Condominium, addressed the Council. The Mayor closed the public hearing. Councilmember Fried made a motion to approve the variance. The motion was seconded by Councilmember O'Retlly and approved by a 5-1 roll call vote: The vote was as follows: Councilmembers Fried, Han, O'Reilly, . Vice Mayor Padovan and Mayor Festa voting Yes, Counoilmember Sane voting No. Hearing Number 97-0826=VC-04 Eckerd Drug Company, 328 Crandon Boulevard, -Unit 4117; requested pursuant to` Section28-7 of the key Biscayne Code; am approval ofa proposed monument sign read as E! # ^" #o be placed near the entrance facing Crandon,Boulevard4.. John Little, Director of Building, Zoning and, Planning addressed the Council with staffs recommendation of approval. The Mayor opened'the public, hearing. Jane Numala, Manager of Eckerd Drugstore; Ed Meyer, 100 Sunrise Drive; Robert Solano, Neon Sign Service addressed the Council. The Mayor closed the public hearing. Councilmember O'Reilly made a motion to approve the variance. The motion was seconded by Councilmember Fried. Councilmember Han made an amending motion to have a plain rectangular sign, with a solid blue background with white letters, externally or internally illuminated and eliminating the logo. The motion was seconded by Councilmember Sime and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The request as amended was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 9. REPORTS AND RECOMMENDATIONS: Village Manager. At this point the Manager addressed the Council and presented a synopsis of the Sanitary Sewer System, Village Engineer, Carlos Perrin, addressed the Council regarding the Sanitary Sewer System report. Heidi Archibald, 881 Ocean Drive; Ward Draff, 275 W. Mashta; Carol Mullen O'Leary, 444 Fernwood Road; Annie Becker 290 W. Mashta Drive addressed the Council. 8 o10 August 26, 1997 The Village Engineer was directed to get the director or a state representative from HRS to be present at the public hearing. Village Clerk. The Clerk submitted the following information items to the Council: a.) Candidates qualifying for Special Election to be held on September 9, 1997; b.) New face for the Village on the web; c.) On behalf of the Mayor and the Members of the Village Council, the Office of the Village Clerk sent a sympathy note to Mayor Mishcon, City of North Miami Beach; d) Thank you letter sent to Mayor Festa from William R. Myers, Chairman & CEO, Barnett Bank, N.A., dated June 26, 1997; e.) letter to Mayor Festa from Mayor Paul D. Novack, Town of Surfside regarding the jurisdiction over traffic control on local roads, dated July 1, 1997; f.) Letter to Mayor Festa from Bob Graham, U.S. Senator, regarding high noise levels from aircraft flying over Key Biscayne, dated July 3, 1997; g.) Letter to Village Clerk from Carolyn Blum, Regional Administrator, U.S. Department of Transportation, Federal Aviation Administration, regarding high noise levels from aircraft flying over Key Biscayne, dated July 9, 1997; h:) Letter from Mayor Eileen Ferdinand and City Manager, Vincent Lupo, City of Port Richey regarding the Special Act Legislation effecting all cities, dated July 10, 1997; i.) Letter to Mayor Festa from David Villano regarding Soccer Tournament on the Village Green held July 12-13,1997, dated July 21, 1997; j.) Letter to Vice Mayor Padovan from Kathleen A. McGinty, Chair, Executive Office of the President, Council on Environmental Quality regarding the administration's budget agreement and the land and water conservation fund, dated July 21, 1997. Village -Manager. The following information items were submitted to the Council: a.) The monthly departmental reports (June and July); Floodplain management plan, first quarter report, dated July 21, 1997; June and July 1997 monthly reports, Key Biscayne Chamber of Commerce; 1997 ICMA Annual Conference/Vacation, September 12-27, 1997. Mayor Festa made a request to continue this meeting on Thursday, August 28, 1997 at 7:00 p.m. There were no objections to this request. Mayor Festa made a motion to extend the meeting until 11:10 p.m. Councilmember O'Reilly seconded the motion and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Sime excused herself at 11:00 p.m. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 11. ADJOURNMENT: The meeting adjourned at 11:13 p.m. 9of10 August 26, 1997 Respectfully submitted: Conchita Approved is 9th day of September, 1997.• Alvarez, Village Clerk A diaeM5 11 F Fester yar IFA PERSON DECIDES TOAPPEAL ANY DECISIONMADE BYTHE VILLAGE COUNCIL WITH RESPECT TOANY MATILR 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. 10of10 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, AUGUST 28, 1997 (CONTINUATION OF MEETING OF AUGUST 26, 1997) 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The continuation meeting of August 26, 1997 was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Vice Mayor Michele Padovan and Mayor John Festa. Councilmembers Hugh O'Reilly and Betty Sime were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys David Wolpen and Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. REPORTS AND RECOMMENDATIONS: Mayor and Councilmembers. Vice Mayor Padovan requested a discussion of Council Rules and Regulations. Vice Mayor Padovan made a motion to add the following sentence to Section 1, Number 15 of Resolution 97-34: I Co iiilmetn(ie ¶ `7 e iliSS115111Thiake�e, ny�iifd the Vailla el b'" ?n> uanc ee g. The motion was seconded by Councilmember Han and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. Vice Mayor Padovan reported on her findings with the Dade County School toward community center facilities. The Vice Mayor also announced that there will be a Key Biscayne School walk- thru on Monday, September 8, 1997 at 10:00 a.m. All Councilmembers and public are invited to attend. Bonnie Cooper,. 77 Crandon Boulevard addressed the Council. Mayor Festa reported on a poll conducted by the Key Biscayne Chamber of Commerce regarding a post office delivery poll of businesses, dated July 30, 1997. The Manager addressed the Council regarding this issue. Mayor Festa read a response from Adelphia Cable to Mr. A. Bernal, 135 Hampton Lane in response to his E -Mail regarding the service supplied by Adelphia Cable. Mayor Festa requested that the Manager invite Adelphia Cable to a Council meeting to look into the possibility of adding more channels to our system. I of r August 28, 1997 Councilmember Fried made a proposed ariendment to the Golf Cart Ordinance. Add to Section 2. Definitions. mrts may fi'a e Ymut d access tpsran"don Boulev" and Harbor T npaina xwhz,2aan +: aax ^:a• rx _ s:. dam-sn.n.Gr,� .�A�xi.•s�.asra�:as s. x. '. t `tte ptun7:1 fh:tifi d lfreet. The Attorney addressed the Council regarding this.,ssue. The Attorney will contact the Chief of Police to see if he has some safety concerns about Harbor Drive and will bring this issue back in the form of an ordinance at another Council meeting., The: Manager and the Chief of Police were directed to contact the residents who addressed this issue and find out what their concerns are The Chief of Police was also directed to enforce the ordinance;. Federico Padovan, 425 Grapetree Drive; Scott Bass, 201 Galen Drive addressed the Council. Vice Mayor Padovan and Councilmember Han requested to be re -appointed as representatives of the Village Council before'. flie Board of Directors of the Dade County League of Cities for the year October 1, 1997 to September 30, 199&. There were no objections to this request. Vice Mayor Padovan made a brief comment stating that she was very upset to see campaign signs in illegal places Scott Bass, 201 Galen Drive; Martha Broucek, 170 Ocean Lane Drive addressed the Council Village Attorney. The Attorney addressed the Council regarding a proposed ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 'WATERFRONT RECREATION AND OPEN SPACE, ZONING DISTRICT" PROVIDING DEVELOPMENT CRITERIA FOR THE WATERFRONT RECREATION AND OPEN SPACE ("WV) ZONING DISTRTCT, INCLUDING PERMITTED USES, SEIBACLKS, FIEIGIIT, LOT COVERAGE, FLOOR AREA RATIO, LANDSCAPING; AUTHORIZING CERTAIN USES AS PERMI1 IEl 'USE SUBJECT TO SITE PLAN AND SPECIAL EXCEPTION APPROVAL AF"1BR PUBLIC HEARING; PROVIDING FOR REZONING OC CERTAIN LAND FROM COUNTY ZONING DISTRICTS ;TO VILLAGE ZONING DISTRICTS, BY REZONING PARCEL AT FROM"'COUNTY RU- 3M ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING CERTAIN PARCEL AT FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WICZONING DISTRICT; PROVIDING FOR REVISION OF ZONING MAP; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR PENALTY; AND PROVIDING AN EFFECTIVE DA1E Staff was directed to make a presentation at the next Council meeting as to the purpose of this ordinance. The Clerk was directed to send a copy of the proposed ordinance to the Yacht Club and the Beach Club and to have copies available for the public. 2 of 5 August 28, 1997 Village Clerk. The Clerk reported that the Mayor had issued the following proclamations during the month of August: a.) Proclaiming August 25 -September 1, 1997 as Firefighter Appreciation Week; b.) Proclaiming September 16, 1997 as Florida International University Day; c.) Proclaiming September 16, 1997 as International Day of Peace; d.) Proclaiming September 17-23, 1997 as Constitution Week; e) Proclaiming October 14-20, 1997 as Licensed Midwives Awareness Week; f.) Proclaiming November 18, 1997 as National Community Education Day. Village Manager. The Village Manager requested a motion to authorize him to award the following contracts: a.) Contract for landscaping maintenance services for a two year period to Gorgeous Lawns, Inc. in the amount of $ 99,967.00. The Attorney addressed the Council regarding this issue. Councilmember Fried made a motion to award the landscaping contract to Gorgeous Lawns, Inc. The motion was seconded by Councilmember Han and approved by a 4-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. Martha Broucek, 177 Ocean Lane Drive; Cecile Sanchez, 260 Cypress Drive; Carlos Coto, 310 Harbor Court; Jane Lusk Smith, 350 W. Enid Drive; Haydee Archibald, 881 Ocean Drive; Bob Hinkley, 800 Crandon Boulevard; Mike Bracken, 224 W. Mashta; Roger Castro, Property Manager of a Broward County addressed the Council. b.) Contracts for lighting Crandon Boulevard medians. 1. Installation $ 29,900 + 10% contingency for a total of $ 33,000 to Horsepower Electric, Inc. 2. Materials $ 33,23430 + 10% contingency for a total of $37,000 to Paramount Electronic Distributor. Councilmember Han made a motion to award the contract for lighting Crandon Boulevard medians. Councilmember Fried seconded the motion. Mayor Festa made a motion to defer this item to the next Council, meeting. The motion was seconded by Vice Mayor Padovan and failed by a 3-1 voice vote. The vote was as follows: Councilmembers Han, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Fried voting No. Councilmember Fried made a motion to reconsider the motion to defer. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. The motion to defer.was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, Han Vice Mayor Padovan and Mayor Festa voting Yes. 3 of 5 August 28, 1997 The Manager reported on the West Mashta bridge. Dionisio Torres, CAP Engineering addressed the Council regarding this issue. The Village Manager requested a motion to authorize him to proceed with the process: Mayor Festa made a motion to authorize the Manager to proceed with the process for the West Mashta bridge. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The vote was as. follows: Councilmembers Fried, Han, Vice Mayor Padovan andMayor Festa voting Yes; The Manager presented to the Mayor and Members of the Village Council a proposed 1997 Community Grant application form for their approval. The form. was approved without objections. The Manager presented a site analysis survey summary and reported that the Rebozo property has been cleared regarding contamination. The Manager was directed toinclude the asking price for these properties in the next summary: Robert Brooks, 95 West McIntyre addressed the Council. The Manager gave a brief report on the SunTrust Bank reply to Village request regarding the vacant land adjacent to the Village Green. The Manager submitted to the Council the proposed 1998 annual budget. The Manager was directed to ask the Chief of Fire Rescue to provide a summary table of what other municipalities charge for fire rescue service. Vice Mayor Padovan requested a financial statement report from the Lighthouse Run Committee. The Manager reported that the Party in the Park "National Night Out", which took place on Tuesday, August 5, 1997 was a complete success and would like to continue to do next year. The Manager reported on the substantial completion of the Stormwater construction program The Manager gave a brief report regarding the West Mashta Drive traffic calming project. Mike Bracken, 224 W. Mashta Drive; Jane Lusk Smith, 350 W. Enid Drive addressed the Council. The Manager reported that the dates for the Charrette have been changed to October 24, 25 and 26,. 1997. 4 of 5 August 28, 1997 At the suggestion of Vice Mayor Padovan, the Manager reported that a Town Meeting/Reception for State Representatives Appreciation will be held on Saturday, November 22, 1997 at the Sonesta Beach Resort, from 6:00 to 8:00 P.M. The Manager reported that he had a request from Sandra Goldstein, Village Volunteer to move her workshop regarding Beach Nourishment to September 16, 1997 at 7:00 p.m. There were no objections to the request. 4. OTHER BUSINESS/GENERAL DISCUSSION:. There was no further business discussed. 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 10:05 p.m. Respectfully submitted: Conchita H. Alvarez, Village Clerk Approved this 9th day of September , 1997: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MAI 1ER 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5 of 5 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 9, 1997 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 Mortimer Fried, Gregory Han Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John;Festa. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Vivien Mauri and Village Attorney Richard Weiss. 2. INVOCATION: Reverend Timothy Leighton, from the Key Biscayne Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES The Deputy Clerk offered technical corrections to the minutes of August 26, 1997. The minutes as amended were approved by unanimous consent 5. AGENDA: The following changes were made to the agenda: the Deputy Clerk requested the addition of Item 10D7(a)(7), Quarterly Beach Report; Councilmember O'Reilly requested the addition of Item10A4, praise of public official and the 1997 Florida Local Government Finance and Tax Seminar, October 2-3, 1997; the Mayor requested the addition of a discussion regarding the Rickenbacker Causeway as item 10A5. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: There were no special presentations. 7. PUBLIC COMMENTS: There were no speakers present. 8. ORDINANCES: The Deputy Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE POLICE AND FIREFIGHTERS RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFN'ILCTIVE DATE. 1of8' September- 9, 1997 Councilmember Han made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing: The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sine, Vice Mayor Padovan and Mayor Festa voting Yes. The Deputy Clerk read the following ordinance, on second reading, by. title: AN ORDINANCE OF THE VILLAGE OF,KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX IN INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE PROVIDING FOR THE APPROPRIATION OF"SAID TAXES TO'THE RETIREMENT PLAN ESTABLISHED FOR 1 HE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF 'KEY BISCAYNE PROVING .SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIER BY 'THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF -SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING • FOIL CODIFICATION; PROVIDING FOR THE., ` REPEAL OF CONFL> ICTINGrORDINANCE; PROVIDING FOR AN EtFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was . seconded by Councilmember TIan The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Siine, Vice Mayor Padovan and Mayor Festa voting Yes. The Deputy Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A 185 PERCENT (1.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON _ PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE `_. RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND 2 of 8 September 9, 1997 FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember O'Reilly. The Mayor opened the public hearing. There were no speakers were present. The Mayor closed the public hearing. The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Village Attorney suggested that opinions received on this matter should be included in the minutes as part of the record. Letters from Mr. Wallace W. Wilson, F.S:A., Managing Consultant, dated August'1 ith and August 19th, 1997 are attached for the record. Councilmember O'Reilly made a motion to adopt the Attorney's recommendation. Mayor Festa seconded the motion and it was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, Fried, Sime, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. 9. RESOLUTIONS: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE VILLAGE OF KEY BISCAYNE BUSINESSES, AS PER EXHIBIT "A", THAT HAVE COMPLIED WITH THE SIGN ORDINANCE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Deputy 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 97-34, ON THE SAME SUBJECT MATTER; AND PROVIDING FOR AN EFFECTIVE DATE. 3of8 September 9, 1997 The Village Attorney addressed the Council regarding this resolution. Vice Mayor Padovan made a motion to .approve the Councilmember,O'R illy. resolution. The motion was seconded by Councilmember Fried made an amending motion to include that any person wishing to speak on a topic shall sign up with the Clerk before the meeting starts. The motion died for lack ofa second. The resolution was approved by a 5-1 voice vote. The vote was as follows: Counctlmembers Han, O'Reilly, Vie; Vice Mayor Padovan, and Mayor Festa voting Yes. Couneilmember Fried voting No. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Couneilmembers. Vice Mayor Padovan addressed the Council regarding the United States Coastal Cleanup which will take place on September 20th, 1997 and invited Councilmembers and the public to participate actively in this event to make it a success. Vice Mayor Padovan requested authorization from the Village Council to represent them before the State Legislator to review and study the solutions to alleviategthe 'current school overcrowding problem without the necessity of imposingor increasing taxes. Vice Mayor Padovan addressed the Council regarding the =diffetent;proposals that arepart of the topic and requested permission to participate in local meetings. Vice Mayor Padovan made a motion requesting to be appointed as representative of the Council of the Village of Key Biscayne before the State Legislator. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote. The vote was as follows; Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Patiova& and Mayor Festa voting Yes: Vice Mayor Padovan briefly discussed the Key Biscayne Technology Trust Foundation/Dade County School Board/Village of Key Biscayne Contract. Vice Mayor Padovan indicated that the contract had been. signed by the three parties involved. Councilmember O'Reilly made a motion to strike the word Grant from the contract. The Attorney indicated that the contract had been approved on April 29, 1997: Councilmember O'Reilly withdrew his motion. Councilmember O'Reilly informed the Council that there will be a 1997, Florida Local Government Finance and Tax Seminar II, October 2-3, 1997. Councilmember O'Reilly also praised a letter from Mayor Festa to Commissioner Jimmy Morales and praised the Mayor for his work supporting the Rickenbacker toll issue. 4 of 8 September 9, 1997 Mayor Festa addressed the Council regarding a final report received from Dade County dated June 30th, 1997, regarding the Rickenbacker toll issue: Mayor Festa asked Councilmembers for their support in the event that further actions are needed regarding this issue. It was the consensus of Council to fully support the Mayor on the Rickenbacker toll issue. Village Attorney: The Attorney presented to the Council a proposed draft of the Golf Cart Ordinance. Councilmember Fried addressed the Council regarding the proposed amendments to the ordinance and requested the following: strike -out Harbor Drive from section 2.(a) and section 4.(e). Chief of Police, Michael J. Flaherty addressed the Council on this issuer After extensive discussion, the Attorney said he would come back with another proposed draft of the Golf Cart Ordinance striking out both Crandon Boulevard and Harbor Drive as designated streets. There were no objections from Council to the request. Village Manager: At this point the Manager addressed the Council and requested the deferral of items 10D1 and 10D2 until such time that the Village Engineer, Carlos Penin, would be present. The Manager addressed the Council regarding the authorization to award the contracts for lighting of Crandon Boulevard medians. Additional information was submitted to the Council regarding the first three medians. Mayor Festa made motion to approve the Manager's recommendation. Councilmember O'Reilly seconded the motion and it was approved by a 5-1 voice vote. The vote was as follows Councilmembers Han, O'Reilly, Sime, Fried and Mayor Festa voting Yes. Vice Mayor Padovan voted No. The Manager and the Chief of Police, Michael Flaherty, addressed the Council regarding a request for NO PARKING signs in front of St. Agnes School -Harbor Drive. There was some discussion from Council on this issue. Mayor Festa made a motion to authorize the NO PARKING signs in front of St. Agnes School. The motion was seconded by Couneilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan, and Mayor Festa voting Yes. The Manager was directed to come back with new ideas for the area, for example the funneling of traffic lanes from Femwood Road to Harbor Drive. The Mayor also indicated that the hand -made sign on the south side of Harbor Drive needs to be removed and that the no parking regulation should be enforced. 5of8 September 9, 1997 At this time Mayor Festa interrupted the meeting to announce the results of the Special Election held today stating that the Village had a new Councilmember. The results of the Special Election held today are as follows: Scott Bass obtained 404 votes, 38.51%, Martha Fdez-Leon Broucek obtained 578 votes, 55.10% and Carol Mullen -O'Leary obtained 67 votes, 6.39%. There were a total of 1,059 ballots tasted, 25.35%. The Mayor further announced that Martha Fdez-Leon Broucek had been elected to this Council and according to the Charter of the Village of Key Biscayne her term will begin seven (7) days:after the election. Counci1memherMartha Fdez-Leon Broueek will be installed on September 16th, 1997 as Member of the Council cil of the Village of Key Biscayne. The repot` inc ut Hager gave:an update on the Sanitary Sewer System explaining the changes made to the rs foliows:.paragraph #3 includes the Master Plan and its different dates;, paragraph #4 he reasons too eliminate. septic tanks and paragraph #12- should read 10 plusi5 Years- -try , The Village Engineer was directed again to make sure that the Director or a State Representative from. HRS is present at the workshop Nancy Harrison, 200 West Mashta Drive, addressed the Council: There was extensive discussion from Council regarding this issue. Village Engineer Carlos Penin addressed the Council regarding the West Mashta Bridge. The Evaluation/Selection Committee for the West Mashta Bridge recommended Cone Construction to be the design/built team for the bridge. The Village Manager indicated that numerical figures under Proposal One and Proposal Two,weretransposed. Proposal One should be $1,056,487 and Proposal Two should be $921,30©. Stephen D. Kasper, Cone Construction and Max Puyanic, 480 S. Mashta Drive, addressed the Council. Mayor Festa instructed staff to come back with a condensed bridge proposal instead of the proposal presented before the Council this evening, The Mayor indicated that this would not mean that they are working on two bridge projects but on a new option. Vice Mayor Padovan suggested that staff should come back with the Department of Transportation's maintenance and adoption procedural requirements. Eddie Alfonso, 711 West Mashta Drive, addressed the Council: The Manager presented the Site Analysis Report Summary and requested permission from Council to bring this item back at a future meeting since an additional site was not included in the summary. 6 of 8 September 9, 1997 The Manager reported that the Village representatives chosen for the Fire/Police Retirement Plan were the Finance Director, Jack Neustadt and the Manager, C. Samuel Kissinger by Council's unanimous consent. Nevertheless, Mr. Neustaritdoes not meet the requirement because he does not live in the Village and therefore cannot be the Council's representative. Councilmember Sime proposed Barclay Cale, Jr, partner with the law firm Morgan, Lewis & Bockius to fill in as the representative for the Council. It was the Council's unanimous consent to accept Councilmember Sime's recommendation. The fifth member will be announced within a month at a later Council meeting. The Attorney indicated that the representative must be willing to file a financial disclosure form. The following information items were submitted to the Council: The monthly departmental reports (August); August 1997 monthly report Key Biscayne Chamber of Commerce; letter from Steven A. Minor, Director, Sunrise Drive improvement Association, dated August 29, 1997; letter from Randy Lee, President, Board of Directors, Ocean Drive Manor Condominium Association, dated August 30, 1997; letter from John Sagovac, 160 Harbor Drive, dated August 30, 1997; Dade Cities' Tax Rate Summary, dated September I, 1997. Mayor Festa directed the Finance Director to add two columns to the Budget for the First Budget Hearing on Thursday, September 11, 1997. Councilmember O'Reilly requested the addition of columns reflecting unappropriated/unobligated balances for each area on pages 162 and 170 of the Budget under the Capital Outlay. The Manager was directed to place a discussion on roundabouts and bus routes on future agendas for Council consideration. The Manager reported that staff is finalizing the plans on the traffic calming for Harbor Drive and estimates that bids will go out before the end of the year. Bus shelters are estimated to be installed by June 1998. Mayor Festa requested that the Manager look into the possibility of including a change order in the West Mashta traffic calming to include Harbor Drive. The Manager recommended that it is necessary to go out for bids because the company that is working on the traffic calming has a substantial amount of work. Vice Mayor Padovan reported that there is a substantial drop next to the sidewalk at Fernwood/Viilage Green. The Manager reported that the drainage should start there soon and would look into the problem. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 7of8 September 9, 1997 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 9.45 p.m Vivien Maur,fieput, `:Village Clerk Approved this 21th day of October 1997: IFA PERSON DECIDES TO APPEAL. ANYYDECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEED ARECORD OF THE PROCEEDINGS AND, FOR SUCHPURPOSE, 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. MINUTES SPECIAL VILLAGE COUNCIL MEETING (BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEPTEMBER 11, 1997 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 Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. 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 MINUPES: There were no minutes submitted for approval of the Council. 4. AGENDA: The following changes were made to the agenda: Councilmember Fried requested the addition of a discussion regarding the SunTrust reply to Village request. The request was denied due to the fact that this item was not announced for this agenda; the Clerk requested the addition of the Certification of the Special Election held September 9, 1997 as Item 7C1. There was no objection to the agenda change. 5. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1,1997 THROUGH SEPTEMBER 30,1998 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Sime. The Manager, C. Samuel Kissinger and the Director of Finance and Administrative Services, Jack Neustadt addressed the Council on this resolution. 1 of September 11, 1997 Councilmember O'Reilly made an amending motion to lower the millage rate of3.606 to the rolled - back rate of 3.566. The motion was seconded by Vice Mayor Padovan: Mayor Festa made a motion to defer the discussion of this resolution after the budget discussion. The motion was seconded by Councilmember Han and it was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FORLTHE FISCAL YEAR COMMENCING OCTOBER 1,1997 THROUGH SEPTEMBER 30, 1998 IN THE AMOUNT OF "$10,981,152.00 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council giving an executive summary of the proposed budget for fiscal year 1998. Chief of Fire Rescue, John C. Gilbert, addressed the Council regarding the feasibility of instituting rescue transport fees. The Attorney addressed the Council regarding this issue. Councilmember Fried made a motion to have the Attorney draft the appropriate ordinance to establish the collection of rescue transport fees. Councilmember Han seconded the motion: The motion was deferred until after the budget adoption. The Mayor opened the public hearing. The following residents addressed the Council: Garver Wilson, 609 Ocean Drive; Martha Broucek, 170 Ocean Lane Drive; Dan Morrison, 797 Glenridge Road;, Robert Brooks, 95 West McIntyre Street; Raymond P. Sullivan, 625 Harbor Circle. The Mayor closed the public hearing. Mayor Festa made a' motion to increase the Revenue budget by $100,000 which would include $70,000 from rescue transport fees. The motion was seconded by Councilmember O'Reilly and it failed by a 3-3 roll call vote. The vote was as follows: Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Sime, Fried and Han voting No. Vice Mayor Padovan made a motion to increase the line item, Conferences & Seminar, under the Village Council by $4,000. Councilmember Han seconded the motion and it was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 2 of7 September 11, 1997 Mayor Festa made a motion to increase the Clerk's salary by a 3% Cost of Living Allowance. The motion was seconded by Vice Mayor Padovan and it was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han made a motion to increase the Conferences & Seminars line item under the Village Clerk's budget from $750 to $1500. The motion was seconded by Councilmember Fried. Councilmember Han withdrew his motion. The Clerk was requested to re-evaluate this line item and also the Election line item and give a report at the second budget hearing. Mayor Festa made a motion to reduce the Contingency line item under Non -Departmental from $250,000 to $200,000. Vice" Mayor Padovan seconded the motion and it failed by a 3-3 roll call vote. The vote was asfoliows: Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Sime, Fried and Han voting No. Councilmember O'Reilly made a motion to delete the following line items from the Non - Departmental budget: Grants and Lighthouse Run. The motion died for lack of a second. Mayor Festa made a motion to delete $50,000 from the Grant line item. The motion was seconded by Councilmember O'Reilly and it failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Han, O'Reilly and Mayor Festa voting Yes. Councilmembers Fried, Sime and Vice Mayor Padovan voting No. Councilmember Sime made an amending motion to reduce the Grant line item under Non- Departmental from $50,000 to $25,000. The motion was seconded by Councilmember Fried and it failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Sime, Fried and Han voting Yes. Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No. The Manager was directed to review the Water & Sewer line item under Non -Departmental. Mayor Festa made a motion to move the Lighthouse Run line item from the Non -Departmental budget to the Recreation Department's budget The motion was seconded by Councilmember Fried and it was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The Manager was directed to review the Master Plan line item under the Building, Zoning and Planning Department budget. Vice Mayor Padovan made a motion to reduce the following line items from the Building, Zoning and Planning budget: Professional Services from $40,000 to $35,000; Contractual Services from $45,000 to $35,000; Computer Supplies from $13,000 to $10,000; Miscellaneous from $5,000 to 3of7 September 11, 1997 $2,000. The motion was seconded by Councilmember O'Reilly and it was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes, The Chief of Police, Michael J. Flaherty addressed the Council regarding the budget for his Department Martha Broueek, 170 Ocean Lane Drive addressed the Council. Vice Mayor Padovan requested that the Training line item from the Police Department's budget be broken into two separate line items: Conference/Seminars and Training. There was no objection to this request. The Chief of Fire Rescue, John C. Gilbert addressed the Council regarding the budget for his Department. The Manager was directed to review the Maintenance Contracts, Consulting Services and Equipment line items under the Public Works Department Loren Mathews, Program Coordinator, addressed the Council regarding the Recreation Department's budget. The Manager was directed to add the Lighthouse Run line item to this department's budget Vice Mayor Padovan made a motion to add $10,000 to the Special Events line item in the Recreation Department's budget and delete the Lighthouse Run line item from the same. The motion was seconded by Councilmember Fried and it was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councihnember O'Reilly voting No. Martha Broucek, 170 Ocean Lane Drive addressed the Council Mayor Festa made a motion to delete the Underground Utility Lines line item, $40,000, under the Capital Outlay budget. The motion was seconded by Councilmember O'Reilly and it failed by a 3-3 roll call vote. The vote was as follows: Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Fried, Han and Sime voting No. Councilmember O'Reilly made a motion to delete $25,000 from the Entrance Sign line item under the Capital Improvements budget The motion was seconded by Mayor Festa. Councilmember O'Reilly withdrew his motion. The Manager was . directed to review the Entrance/Street Signs line item under the Capital Improvements budget. 4 of 7 September 11, 1997 Councilmember O'Reilly made a motion to cut $75,0 0 from the Village Facilities line item. The motion died for lack ofa second. Councilmember O'Reilly made a motion to reduce by $100,000 the Village Facilities line item. The motion was seconded by Vice Mayor Padovan and it failed by a 2-4 roll call vote. The vote was as follows: Councilmember O'Reilly and Vice Mayor Padovan voting Yes. Councilmembers Fried Han, Sime and Mayor Festa voting No. Vice Mayor Padovan made a motion to reduce $50,000 from the West Mashta Drive Bridge line item to $300,000 and reallocate $40,000 from the Fernwood Road Landscaping line item to the West Mashta Drive Bridge line item. Councilmember O'Reilly seconded the motion and it failed by a 3-3 voice vote. The vote was as follows: Councilmembers O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Fried, Han and Sime voting No. Mayor Festa made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Han and it failed by a 4-2 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Fried and Sime voting No. Mayor Festa made a motion to reconsider the above motion. The motion was seconded by Councilmember Han and it failed by a 5-1 voice vote (2/3 votes required). The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Councilmember Sime made an amending motion to extend the meeting to 11:15 p.m. The motion was seconded by Councilmember Fried and it was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Mayor Festa made a motion to instruct the Manager to fmd an additional $65,594 in order to be able to go back to the rolled -back rate. Councilmember O'Reilly seconded the motion and it failed by a 3-3 roll call vote. The vote was as follows: Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Fried, Han ;and Sime voting No. Vice Mayor Padovan made a motion to reallocate $40,000 from the Fernwood Road Landscaping line item to the Beach Renourishmentfund line item. The motion died for lack ofa second. Councilmember Han made a motion to adopt the millage rate as proposed by the Manager and that the monies taken out of the budget be placed in the Contingency line item. Councilmember Sime seconded the motion and it was approved by a 4-2 'roll call vote. The vote was as follows: Councilmembers Fried, Han, Sime and Mayor Festa voting Yes. Councilmember O'Reilly and Vice 5of7 September 11, 1997 Mayor Padovan voting No. Councilmember Han made a motion to approve the Budget Ordinance on first reading as amended with the additional amendment that any surplus monies that are created by the reductions made tonight be placed in the Contingency line item for the purposes of this evening. Councilmember Fried seconded the motion and it was approved by a 4-2 roll call vote. The vote was as follows: Councilmembers Fried, Han, Sime and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Padovan voting No. 7 REPORTS AND RECOMMENDATIONS: The following items were discussed Mayor and .Councilmembers: The Mayor and Councilmembers did not submit a.report. Village Attorney: The Attorney did not submit a report. Village Clerk: The Clerk presented to the Council the Certification of the results of the Special Election held on September 9, 1997. Councilmember Han made a motion to approve the Certification of the Special Election and was seconded by'Councillmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan Village Manager: The Manager did notsubmit a report. 8 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 public. 10. ADJOURNMENT: Meeting adjourned at 11:14 p.m. 6 of 7 September 11, 1997 Respectfully submitted: Addez Conchita H. Alvarez, Village Clerk Approved this 23rd day of September, 1997: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER 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. 7of7 MINVIES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 23, 1997 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, Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Gilberto Pastoriza. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the Special Council Meeting of September 11, 1997 (First Budget Hearing) were approved by unanimous consent. 4. AGENDA: Councilmember Sime requested the addition of a discussion on the upcoming Charrette as Item 9A1; Mayor Festa requested to move Item 9A1 to item 9A5; the addition of a discussion regarding Femwood Parking as Item 9A2; a brief report on the Rickenbacker toll issue as Item 9A3; a discussion on the upcoming November Town meeting as item 9A3; a brief report on Virginia Key as item 9A4. 5. SPECIAL PRESENTATIONS: There were no special presentations. 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" BY CREATING SECTION 2-71 "FIRE RESCUE TRANSPORT FEE", TO PROVIDE FOR FEE TO BE IMPOSED FOR FIRE RESCUE TRANSPORT SERVICE PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE DEPARTMENT; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. Conchita Suarez; 201 Crandon Boulevard, addressed the Council. The Mayor closed the public hearing. I of 5 September 23., 1997 Mayor Festa made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sine, and Mayor Festa voting Yes. Councihnember Broucek and Vice Mayor Padovan voting No. 7. RESOLUTIONS: There were no resolutions considered by the Council. 8. PUBLIC HEARINGS: All witness giving testimony in the following zoning hearings were sworn in by the Clerk. Hearing Number 97-0923;VC-01. Citibank F.S.B.; 84 Crandon Boulevard, the applicant is requesting. pursuant to Section 28-7 of the Village of Key Biscayne Code, an approval of a proposed monument sign read as "CITIBANK, 24 HOUR BANKING to be placed facing Crandon. Boulevard: John Little, Director of Building, Planning and Zoning addressed the Council stating his recommendation for approval. The Mayor opened the public hearing. Michael Ribb from Team Plan, Inc:, representing the applicant and Robert Brooks, 95 West McIntyre Street addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council on this issue. Councihnember Fried made a motion to approve the request. The motion was seconded by Councilmember O'Reilly. Councilmember Han made an amending motion to approve the request without the logo and logo lettering. The motion died for lack of a second. Councilmember Fried called the question. Mayor Festa seconded the motion and it failed by a 5-2 voice vote (2/3 votes required). The vote was as follows: Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes: Couneilmembers Broucek and Sime voting No. The Fried motion was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han voting No. Hearing Number 97 -0923 -VC -02. Island Breakers, A Condominium, Inc., 150 Ocean Lane Drive, the applicant, is requesting pursuant to Section 33-13 of the Metro -Dade County Zoning Code, an approval of an unusual use to install prefabricated equipment shelter and telecommunications antennas on rooftop of the Island Breakers Condominium. 2 of 5 September 23, 1997 Director Little addressed the Council stating his recommendation for approval. The Mayor opened the public hearing. Joel K. Guftafson, Holland and Knight, One East Boulevard, Fort Lauderdale, attorney representing the applicant; Joseph Ward, Senior RF Engineer, BellSouth Mobility addressed the Council. The Mayor closed the public hearing. Councilmember O'Reilly made a motion to approve the request. The motion was seconded by Councilmember Han and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Hearing Number 97 -0923 -VC -03. Grand Bay Hotel Partners, Ltd., 415 and 445 Grand Bay Drive, the applicant, is requesting pursuant to Section 33-36 © and (g) of the Metro -Dade County Zoning Code, an approval of the interim use of two modular buildings as an interim modification to the development ti act plan approval for a portion of Tract "C" and a portion of Tract "A" of the Grand Bay Resort and Villas during the period of construction for the tennis center and the hotel. Director Little addressed the Council stating his recommendation for approval. The Mayor opened the public hearing. Doug Weiser, 445 Grand Bay Drive, the applicant addressed the Council. The Mayor closed the public hearing. Councilmember Han made a motion to approve the request. The motion was seconded by Councilmember Broucek and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers: Councilmember Sime made a motion to have the Village pay for three half page ads in the Islander News advertising the upcoming Charrette. Councilmember Fried seconded the motion and it was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Padovan voting No. Mayor Festa discussed the Fernwood Road parking issue. Ramon Blanco -Herrera, 310 Fernwood Road addressed the Council on this issue. The Village Manager and the Chief of Police were directed to look into this problem and come back with recommendations. Mayor Festa gave a brief update on the Rickenbacker toll issue. Mayor Festa addressed the Council regarding the November Town Meeting and requested that the Clerk invite Commissioner Jimmy Morales and Mayor Alex Penelas. The request was approved by Council consensus. 3 of 5 September 23, 1997 Mayor Festa gave a brief update on a meeting he attended with City of Miami Mayor Carollo regarding the conceptual idea of a regional recreational facility on Virginia Key. By Council consensus Raul Lastra, Village Planner, wi11 form part of the task force that will look into this project together with the City of Miami and Metropolitan Dade County. Councilmember Fried addressed the Council regarding the SunTrust Bank reply to the Village request. Councilmember Fried madea motion to authorize the Manager to respond to the letter from SunTrust Bank stating„ in a non -binding way, that the Village is moving forward in considering their offer andto authorize the Manager to retain Quinlivan as the appraiser for this property. The motion, was seconded by Councilmember Sime. Mayor Festa made an amending motion to break the above motion into two parts. The motion was seconded by Vice Mayor Padova). - Mayor Festa made an amending motion to have Quinlivan update the appraisal for the SunTrust' Property and the front and back parts of the Rebozo Property on McIntyre Street. The motion was seconded by Councilmember Sime. Mayor Festa withdrew his motion. The second part of the Fried motion was approved by a S-2 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Padovan voting No. The first part of the. Fried motion wasapproved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Mayor Festa made a motion to re -appraise the front and back parts of the Rebozo Property on McIntyre Street by Quinlivan. The motion was seconded by Councilmember Han and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk requested a motion to appoint a voting and alternate voting delegates to the Annual Congress of Cities, Philadelphia, Pennsylvania, December 3-6, 1997. Vice Mayor Padovan made a motion to appoint Councilmember Sime as voting delegate: The motion was seconded by Mayor Festa and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Fried and Han were out when the vote took place. 4of5 September 23, 1997 The Clerk also reported that the Office of the Mayor issued the following proclamation during the month of September, 1997: Proclamation to The Donut Gallery. Village Manager: The following information items were submitted to the Council: Zoning Hearing Number 0826 -VC -02, 89 Westwood Drive, BellSouth Mobility; Annual status report for the reportin . period of September 19, 1996 to September 18, 1997 for the Miami Seaquarium. 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 public. 13. ADJOURNMENT:" The meeting adjourned at 9:00 p.m. Res ullyllly tt submitted: ofa, Co_ncl zta H. Alvarez, Village Clerk Approved this 30th day of September , 1997: IPA PERSONDECIDES 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, M4YNEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCFFDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5 of 5 SPECIAL VILLAGE COUNCIL MEETING (BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 30, 1997 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, Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan 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: The minutes of the Special Council Meeting of September 23, 1997 were approved by unanimous consent. 4. AGENDA: The Clerk requested the substitution of the Resolution and the Ordinance included in the Agenda package by the ones on the table due to some minor changes. There were no objections to the Agenda changes. At this point Councilmember Han requested moving the meeting of October 14 to October 21, 1997. There was no objection to this request. 5. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING 1 HL FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1,1997 THROUGH SEPTEMBER 30, 1998 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. Nancy Doke Harrison, 200 W. Mashta Drive; Pat Weinman, 940 Mariner Drive; Conchita Suarez, 201 Crandon Boulevard; Haydee Archibald, 881 Ocean Drive; Sam Davitian, 720 Myrtlewood Lane; Sandra Goldstein, 611 Ocean Drive; Ed Meyer, 100 Sunrise Drive addressed the Council. The Mayor closed the public hearing. 1 of 4 Councilmember Fried made a motion to maintain the millage rate at 3.606. The motion was seconded by Councilmember Sime. There was extensive discussion from Council on this issue. Councilmember Fried called the question. The motion failed by a 4-3 voice vote (2/3 votes required). The vote was as follows: Councilmembers Broucek, Fried, Han and Sime voting Yes. Councilmember O'Reilly, Vice Mayor Padovan and MayorFesta voting No. At this point Councilmember O'Reilly requested a ruling from the Mayor on the following: whenever a simple majority vote is called for by the Chatter, every step towards the expenditure of that money requires the same vote. The Attorney addressed the Council and stated that a simple majority vote would not be required to place the Grant line item into the budget the reason being that the budget appropriate funds it does not mandate that they be expended. The Mayor ruled that it does not require the rule of seven (7). Councihnember O'Reilly made a motion appealing the rule of the Chair. Vice Mayor Padovan seconded the motion and it failed by a 2-5 voice vote. The vote was as follows: Councilmember O'Reilly and Vice Mayor Padovan voting Yes. Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting No. Councilmember Sime called the question. The motion failed by a 4-3 voice vote (2/3 votes required). The vote was as follows: Councilmembers Broucek, Fried, Han and Sime voting Yes. Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No. The resolution was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Broueek, Fried, Han and Sime voting Yes. Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No. 6. ORDINANCE& The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A FINAL GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1,1997 THROUGH SEPTEMBER 30,1998 IN THE AMOUNT OF $10,981,152.00 PURSUANT TO FLORIDA STATUTE 2001065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Han made a motion to adopt the ordinance. The motion was seconded by Councilmember Sime. 2of4 Mayor Festa made a motion to increase the revenue of the Ad Valorem taxes to reflect an increase of $76,101. The motion was seconded by Councilmember O'Reilly and it failed by a 3-4 roll call vote. The vote was as follows: Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Fried, Han and Sime voting No. Councilmember Fried made an amending motion to add the following section to the Ordinance: ection 4�'3 at .then a"Iiee s iall bee a e` rmme WAMontadop„tion on=second xeadin'gx: The motion was seconded by Mayor Festa and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Vice Mayor Padovan made a motion to increase the General Fund Revenues by $90,500; $2,000 in the Franchise Fees, $86,000 in the Utility Taxes and $2,500 in the State Shared Revenue. The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote. The vote was as follows: Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Fried, Han and Sime voting No. There was extensive discussion from Council on this issue. The Manager and the Director of Finance addressed the Council stating that some of the estimated revenues (Franchise Fees) may come in short. Mayor Festa made a motion to adopt the budget as presented by the Manager. The motion was seconded by Councilmember Sime. Councilmember Broucek made a motion to call a five (5) minute recess. The motion died for lack ofa second. Councilmember Han called the question and it failed by a 3-4 voice vote (2/3 votes required). The vote was as follows: Councilmember Fried, Han and Mayor Festa voting Yes. Councilmembers Broucek, O'Reilly, Sime and Vice Mayor Padovan voting No. The Festa motion was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Fried, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han and Sime voting No. 7. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 8. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 9. ADJOURNMENT: The meeting adjourned at 9:00 p.m. 3 of 4 Respectfully submitted: id,f‘e anchita IL Alvarez, Village Clerk Approved this 2Is Festa r_ day ofOctaber, 1997: IF A PERSON DECIDES TO APPEAL ANY DECISION MADEBYTIIE VILLAGE COUNCIL WITH RESPECT TOANY 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. 4of4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 21, 1997 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, Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys David Wolpin and Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Broucek offered technical corrections to the minutes of September 30, 1997. The minutes of the Regular Council Meeting of September 9, 1997 and the amended minutes of the Special Council Meeting (Second Budget Hearing) of September 30, 1997 were approved by unanimous consent. 5. AGENDA: Vice Mayor Padovan requested to move Item 10D5 to be considered after Item 9E; Mayor Festa requested deferral of Items 10A2 and 10A3 to the November 4, 1997 Council Meeting; the Clerk requested deferral of item 6A. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: There were no special presentations. 7. PUBLIC COMMENTS: Karen Holmquist, PTA President addressed the Council requesting permission to place a block on West McIntyre from 4:00 to 7:00 p.m. on October 31, 1997. By Council consensus permission was granted. 8. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE NO. 97-2 CONCERNING THE USE OF GOLF CARTS; TO AMEND SECTION 2 "DEFINITIONS" OF ORDINANCE 97-2 BY AMENDING PARAGRAPH (A) "DESIGNATED STREETS" TO DELETE THE EXCEPTION OF HARBOR DRIVE AND CRANDON BOULEVARD FROM THE STREETS DESIGNATED FOR GOLF CART USAGE; AND AMENDING SECTION 4 "PROHIBITED USE" OF ORDINANCE 97-2 BY 1 of 9 October 21, 1997 REPEALING PARAGRAPH (E) SO AS TO REMOVE HARBOR DRIVE AND CRANDON BOULEVARD FROM THE AREA OF PROHIBITED USE OF GOLF CARTS; ENABLING GOLF CARTS TO BE UTILIZED UPON HARBOR DRIVE AND CRANDON BOULEVARD UPON THE SAIWIE BASIS AS UTILIZED ON OTHER DESIGNATED STREETS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN E}'FECTIVE DATE; PROVIDING FOR CONDITION AS TO EFFECTIVENESS OF AMENDMENT CONCERNING CRANDON BOULEVARD. Counciimember Fried made, a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember O'Reilly. The Mayor opened the public hearing: Jim Taintor, 355 Harbor Drive addressed the Council. The Mayer closed the public hearing. Chief of Police, Michael Flaherty addressed the Council stating his recommendations. The Attorney addressed the Council regarding this Ordinance. Councilmember Han made an amending motion to delete the insurance provision from the Ordinance. The motion was seconded by Councilmember O'Reilly -and failed by a 2-5 roll cal vote. The vote was as follows: Councilmembers Han and O'Reilly voting Yes: Councilmembers Broucek, Fried, Sime, Vice Mayor Padovan and Mayor Festa voting No. Vice Mayor Padovan made an amending notion to add the word iim"fs after the word Village in Section 2. Definitions. The motion was seconded by Councilmember Broucek. Vice Mayor Padovan withdrew her motion. Councilmember Sime made an amending motion to exclude Crandon Boulevard, except for crossing, from the Ordinance. The motion was seconded by Councilmember Broucek and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek; Fried, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmembers Han and O'Reilly voting No. The amended Ordinance was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'ReilIy, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF ICEY BISCAYNE FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 2 of 9 October 21, 1997 "WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT, AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN APPROVAL AFTER PUBLIC HEARING; PROVIDING FOR REZONING OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS, BY REZONING PARCEL AT 180 HARBOR DRIVE FROM COUNTY RU -3M ZONING DISTRICT TO VILLAGE"WR" ZONING DISTRICT AND REZONING A VACANT PARCEL LYING IMMEDIATELY TO THE SOUTHWEST FROM COUNTY RU -1 ZONING "DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT; PROVIDING FOR REVISION OF ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Director of Building, Zoning and Planning, John Little and Raul Lastra, Village Planner addressed the Council regarding this Ordinance. The Mayor opened the public hearing. Cliff Brody, 180 Harbor Drive; Jim Taintor 355 Harbor Drive; William Cole, 580 Fernwood Road; Wendy Wood, 275 Hampton Lane;; Jim Haney, 472 Glenridge Road addressed the Council. There was extensive discussion from Council on this issue. Director Little was directed to hold a workshop with the Board of Directors of the Beach Club so they can be better informed as to what this ordinance does. Vice Mayor Padovan made a motion to defer the first reading of this Ordinance to the meeting of, November 4, 1997 at 7:00 p.m. The motion was seconded by Mayor Festa and approved by a 6-1 roll call vote.The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Fried voting No. The Clerk read 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 SIZE, ETC" SECTION 30-54 "ROOFTOP AND ROOF OVERHANGS," SECTION 30-55 "DRIVEWAY AND PARKING CRITERIA," SECTION 30-56 "LOT ELEVATION," SECTION 30-60 "FENCES AND WALLS," SECTION 30-61 "ACCESSORY BUILDINGS AND USES;" SECTION 30-63 "DOCKS AND MOORING PILES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION 3 of 9 October 21, 1997 IN CODE; PROVIDING FOR PENALTY; AND PROVIDING AN EFFECTIVE DATE. Director Little and Village Planner Lastra addressed the Council regarding this Ordinance. The Attorney also addressed the Council regarding this Ordinance: The Mayor opened the public hearing. Roberto Carnbo, 670 S. Mashta Drive; Cristina Echarte Brochin,'representing ;the owner. Solo Farms, Inc., 700 S. Mashta Drive; Maria Vats, 180 Harbor Drive addres d the Pennell. The Mayor closed,the public heating. Counerlmen ber an made a motion to adopt the ordinance on second, reading with the amendments as stated on 'd'' ies tor"andum to°Vilage Manager from Village Planner.. Raul Lastra, dated October 17 1997 (attached for the record). The motion was seconded by Councilmember Fried. Mayor Festa made an amending motion to make no changes to Section 30-55. Driveway and parking criteria. (1) Driveways. d. Width. The motion was seconded by Councilmember O'Reilly and_ approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, O'Reilly, Vice. Mayor Padovan and Mayor Festa. voting Yes. Councilmembers Han and Sure voting Vice Mayor Padovan made a motionto amend Section 30-60, Fences and Walls. (a) Generally. The "Waterfront Zone" be increased from 25' to 30'. The motion was seconded by Councilmember O'Reilly and failed by a 2-5 roll call vote: 'The vote was as follows: Councilmember O'Reilly and Vice Mayor Padovan voting Yes. Councilmembers Broucek, Fried, Han, Sim& and Mayor Festa voting No. Mayor Festa made a motion to make no changes to Section 30-60. Fences and Walls. Section (14(1) Front Zone. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 roll call vote: The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Ordinance as amended was adopted by a 7-0 rail call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa made a motion to reconsider the Ordinance. The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote. The votewas as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes: Mayor Festa made a motion that the effective date for the Ordinance shall be retroactive to May 6, 1996. The motion was seconded by Councilmember Fried and approved by a 6-1 roll call vote. The 4of9 October 21, 1997 vote was as follows: Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE IY "FINANCE" OF CHAPTER 2 "ADMINISTRATION" BY CREATING SECTION 2-71 "FIRE RESCUE TRANSPORT FEE", TO PROVIDE FOR FEE TO BE IMPOSED FOR FIRE RESCUE TRANSPORT SERVICE PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE DEPARTMENT; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on second reading. The .motion was seconded by Mayor Festa. The Mayor opened the public hearing. Cliff Brody, 180 Harbor Drive; Jim Taintor, 355 Harbor Drive addressed the Council. The Mayor closed the public hearing. By consensus of the Council the Ordinance was deferred until later in the meeting. 9; RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to adopt the resolution. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan 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 MEDICAL TRANSPORTATION BILLING SERVICES AGREEMENT WITH ADVANCED DATA PROCESSING, INC.; PROVIDING FOR AN EFFECTIVE DATE. By consensus of the Council the Resolution was deferred until later in the meeting. 5 of 9 October 21, 1997 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM. Mayor Festa made a motion to adopt the. resolution. The motion was seconded by Couneilmember Siine. Couneihnemberiffleilly made an amending motion to strike the words Ocean Park. The motion was seconded by Councilmember Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. By consensus of the Council the following Resolution was deferred until later in the meeting: A RESOLUTION OF THE VILLAGE OF KEY I3ISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN ASSIGNMENT OF AGREEMENT WITH BFI CORPORATE CONGLOMERATE; PROVIDING FOR AN EFFECTIVE DATE. By consensus of the Council the following Resolution was deferred until later in the meeting: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE LONG RANGE BEACH NOURISHMENT PLAN, VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 10. REPORTS AND RECOMMENDATIONS; The fallowing items were discussed: Mayor and Councilmembers: Mayor Festa made a motion to hear at this time the West Mashta Bridge issue. The request was approved by a unanimous voice vote. The Manager and Village Engineer, Carlos Penin and Osiris Quintana addressed the Council regarding this issue. There was extensive discussion from Council on this issue. Max Puyanic, 487 S. Mashta Drive; Chuck Lipcon, 430 N. Mashta Drive; Jim Brewster, 500 N. Mashta Drive; Henry Keel, 645 Sunset Circle J. J. Donahue, 820 Harbor Drive; Bill McCaughn, 511 S. Mashta Drive; Scott Miller, 620:S. Mashta Drive addressed the Council. 6of9 October 21, 1997 Councilnember Fried made a motion to build a bridge for $686,000 (Option B) as presented by Cone Constructors, Inc. The motion was seconded by Councilmember Han. Councilmember Fried withdrew his motion. Councilmember Sime made an amending motion to build the bridge for a total of $801,300 (Option A) maximum. The motion was seconded by Councilmember Han_ Mayor Festa made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Han and failed by a 4-3 voice vote (unanimous vote required): The vote was as follows: Councilmembers Broucek, Fried, Han and Mayor Festa voting Yes. Councilmembers O'Reilly, Sime and Vice Mayor Padovan voting No. Councilmember Sime made a motion to extend the meeting to 11:10 p.m. The motion was seconded by Councilmember Broucek and it failed by a 5-2 voice vote (unanimous vote required). The vote was as follows: Councilmembers Broucek, Fried, Han, ' Sime and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Padovan voting No. Mayor Festa made an amending motion to eliminate the brick pavers, decorative roadway and minimize the lighting. The motion died for lack of a second. Vice Mayor Padovan made a motion to allocate the $717,000 that is already set aside in the budget for this project to build the bridge. Vice Mayor Padovan withdrew her motion. Mayor Festa made a motion to extend the meeting for 10 minutes. The motion was seconded by Councilmember Han and failed by a 5-2 voice vote (unanimous vote required). The vote was as follows: Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Padovan voting No. Councilmember Sime moved to call the question and that motion failed by a 4-3 voice vote (2/3 vote required). The vote was as follows: Councilmembers Broucek, Fried, Han and Sime voting Yes. Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No. The amended Sime motion to build the bridge for $801,300.00 was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. Village Attorney: The Attorney did not submit a report. Village Clerk: The Clerk submitted the following items for information: a.) Letter to Mayor Festa from Mayor Novack, Town of Surfside regarding the creation of a Military Museum at Richmond Naval Air Station in Dade County, dated September 5, 1997; b.) Memorandum to Mayor and 7of9 October 21, 1997 Members of the Village Council regarding the Village Clerk's election to Office to the Dade County Municipal Clerks' Association as Secretary, dated October 14, 1997; c) Municipal Clerks Certification Institute, Clearwater, Florida, November 17-21, 1997. Village Manager: ` The following information items were submitted to the Council: The monthly departmental reports (September); September 1997 monthly report Key Biscayne Chamber of Commerce; minutes from September 16, 1997 workshop regarding the Long Range Beach Nourishment rt Plan; letter to Village Manager from Henry Grosvlrel-Becker, Ph.D., regarding the Village Beach Resources and Management Task Force, dated September 19, 1997; memorandum to V llage =Manager from chief o€Fire Rescue regarding a report on vehicle fire on September 12, 1997, dated September 26, 1997; memorandum to Village Manager from Chief of Firc Rescue and'. Fire MFireMarshal regarding 13i -Rise status update, dated September 29,1997; memorandum to Village Council from Village Manager;regard ng the Florida Urban and Cowmunity Forestry Awards, 1997 Municipal Progran,Award recogni ing the Village of Key Biscayne, dated September 29, 1997; letter to r. David R . Wind, Executive Vice President, SunTrust Bank, N.A. from Village Manager `Sun larustproperty, dated:October 2;1997; letter to-Mayerand Members pfthe Village Council regarding donation to Key Biscayne Technology Trust Foundation from Darlene Mooney, Principal, ey Biscayne Community School, dated October, 6,,;1997;, memorandum to Village Manager.fioin John P. tittle, Director, Building, Zoning and Planning. regarding 460 South Mashta Drive code violations, dated October 6, 1997; memorandum tot illage Manager from John C. Giibert,,tlriefpf;Fire Rescue regarding Fire and Life Safety programs recognizing the Village=of Key Biscayne Fire Rescue Department with a Life Safety Achievement Award .for 1996, dated October 7, 1997; letter to Building, Zoning and Planning Director, John P. Little figm Paul S. Tisehler regal ng Impact Fees, dated October 9; 1997; -Florida, League of Cities 37th Anmial Legislativecpnferexiee, November 2P-21 1997.Orlando, Floridk letter to Village Manager faun Dicka.Qrornae, commander fast 374, American Legion requesting permission to use the Village Green for a Veterans Day Ceremony on Novcrstber 11, 1:997; v acation request f om: Village Manager;,1997 Employee Training and De-veloinnent Pr arlioipants, dated October 9, 1997 draft Agenda or;Hleritage Trail;Dedication Cerenipny. 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 11:25 p.m. 8of9 Respectfully submitted: October 21, 1997 le, Conchita H. Alvarez, Village Clerk Approved this 4th day of November 1997: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED ATA 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 WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9of9 October 17, 1997 MEMORANDUM To: C. Samuel Kissinger Village Manager From: Raul A. Lastra Village Planner RE: Ordinance Amending Chapter 30 "Zoning" Upon further consideration, at the instruction of council, I have revised the Ordinance amending Chapter 30 "Zoning". The changes are as follows: • Sec. 30-56 Lot Elevation The "Waterfront Zone" is being increased from 15' to 25'. Lot elevation throughout the waterfront zone shall be limited to a maximum height of 6" above the established bulkhead or natural grade • Sec. 30-60 Fences and Walls The "Waterfront Zone" is being increased from 15' to 25'. No fence or wall may exceed 4' as measured from the existing bulkhead or natural grade. • Sec. 30-61 Accessory Buildings and Uses Section (h) has been created which creating a "Waterfront view Corridor. Not withstanding permitted setbacks listed in section 30- 61 (d) Accessory buildings located in the rear yard of waterfront lots must be located so as not to encroach into the Waterfront View Corridor. The Waterfront View properties and shall be defined by triangles commencing at each property comer and extending along the rear and side lot lines for distance of 25' feet." * if directed by council this department will (until the preparation and adoption of an amendment to sec 30-65 "landscape plans") enforce by policy a limitation of any landscaping or other structure within the "corridor" to a maximum height of 4'. MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 28, 1997 (AND CONTINUATION MEETING OF OCTOBER 21, 19,97) 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, Mortimer Fried, Gregory Han, Hugh O'Reilly (arrived at 7:05 p.m.), Betty Sime, Vice Mayor Michele Padovan 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. APPROVAL OF IVIINUTES: There were no minutes submitted for Council's approval. 4. AGENDA: The following changes to the agenda were requested: the Clerk requested the addition of a brief presentation by Conchita Suarez regarding the Veterans Day Ceremony as Item 5B and the addition of a resolution commending the Florida Marlins as Item 7D; Vice Mayor Padovan requested the addition of a letter to Representative Barreiro and Govemor Chiles regarding overcrowding of schools as Item 9A1 and the addition of a discussion on the purchase of the SunTrust Property as Item 9A2. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: The Mayor presented Resolution 97-44 to the different businesses on Key Biscayne, as per Exhibit "A", that have complied with the Sign Ordinance. Conchita Suarez, addressed the Council and the public regarding the upcoming Veteran's Day Ceremony. ORDINANCES: There were no Ordinances considered by Council. lof9 RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING HELEN WHITE FOR HER EFFORTS AND SERVICES TO THE COMMUNITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made amotion 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, Fried, Han, O'Reilly, Sime, Vie Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF'THF VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED . ENT IERLOCAL AGREEMENT ON BEHALF OF THE VILLAGE WITH METROPOLITAN DADE COUNTY, FLORIDA, FOR THE EXCAVATION OF CAPE FLORIDA FILL MATERIAL; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Councilmember Fried 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, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OFF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH OCEAN CLUB DEVELOPMENT, INC. KEY BISCAYNE, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF APPROXIMATELY S100,000,00' FOR THE EXCAVATION AND RECEIPT OF CAPE FLORIDA FILL MATERIAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made ammotion to approve the resolution. The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. A RESOLUTION` OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE FLORIDA MARLINS FOR WINNING THE 1997 WORLD SERIES; PROVIDING FOR AN EFFECTIVE' DATE: Councilmember Han made a motion to approve the resolution. The motion was seconded by Councilrnember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilmembers 2of 9 October 28., 1997 Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 8. PUBLIC HEARINGS: All witness giving testimony in the following zoning hearings were sworn in by the Clerk. Hearing Number 97 -0826 -VC -07. BellSouth Mobile. Systems Group. 89 West Wood Drive, the applicant, requested pursuant to Section 33-13 of the Metro -Dade County Zoning Code, an approval of an unusual use of an unmanned new telecommunications tower facility to be located at the subject property and pursuant to Section 33-62 of the Metro -Dade County Zoning Code, the applicant also requested a non-use variance of structure height requirement to allow the top of the proposed unmanned telecommunication tower facility to be higher above its foundation than ninety -percent (90% o) of the horizontal distance from its base to the nearest point on adjacent property under another ownership, which will exceed the maximum -allowed height by fifty three feet (53.0'). Director of Building, Zoning and Planning, John P. Little stated his recommendation of approval with the following conditions: that the tower be developed by the applicant in a manner which is designed to accommodate the co -location of other telecommunication service providers' facilities, subject to approval of the Village Manager; that a landscape plan, ;including the dedication by applicant of a public area in close proximity to the tower site, be submitted to and be subject to the approval of the Village Council; 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. Councilmember Fried made a motion to approve the request subject to staffs recommendations. The motion was seconded by Councilmember Broucek. The Mayor opened the public hearing. Joel Guftafson, Holland & Knight, representing the applicant; Terry Pue, Tele Structures Incorporated; Joseph Ward, Senior Engineer, BellSouth Mobility, 5201 Congress Avenue, Boca Raton; Ed Meyer, 100 Sunrise Drive addressed the Council The Mayor closed the public hearing. The Attorney and the Village Planner addressed the Council regarding this request. Councilmember O'Reilly made an amending motion to delete requirement #3 from staff's recommendations. The motion died for lack of a second. The Fried motion was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime and Mayor Festa voting Yes. Vice Mayor Padovan voting No. 3of 9 October 28, 1997 Hearing Number 97 -1028 -VC -01. North King, Inc., 24 Crandon Boulevard, the applicant, requested deferral until November 18, 1997. Mayor Festa made a motion to defer this hearing until November 18, 1997. The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilrrrembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa Hearing Number'97:1028-VC:02. ,Silvia Nunez -Nunez, 160 Buttonwood Drive, the applicant, requested pursuant to Section 30-59 of the Key Biscayne Code, an approval of an existing screen enclosure rear setbaelk of 3.5' instead of the required 5.0' setback and also requested pursuant to S'ection30 -.3.1 ofthe'Key Biscayne Code, an approval of an existing principle building side setback of 6.2' instead -1)141e required 7.5' setback. Director of Building, Zoning and Planning, Little addressed the Council stating his r"ecommendation for approval. The Mayor.opened the public hearing. Edward Russo representing the seller of the abovementioned property; Panchita Herrera, 165 Hampton Lane addressedthe Council. The Mayor closed the public hearing. Vice Mayor Padovan made a motion to approve the request. Caunciimember Fried seconded the motion: Cotmcilmember O'Reilly made an amending motion to deny the first request (a) and approve the second request (b). The motion was seconded by Couneilinember Han and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Han and O'Reilly voting Yes: Councilmembers Broueek, Fried, Sime, Vice Mayor Padovan and Mayor Festa voting No. The request was,;approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, pried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. At this time the 1997-1998 Community Assistant Grant program was heard. July Ann Sermon, 325 Harbor Drive, representing the Girl Scouts of Key Biscayne -Service Unit 16*, addressed the Council regarding their request for a grant of $6,000 to purchase camping equipment. 4of 9 October 28, 1997 There was extensive discussion fcvm Council on this issue. Councilmember Han made a motion to approve the girl scouts grant application. Councilmember Sime seconded the motion and it failed by a 5-2 roll call vote (unanimous vote required). The vote was as follows: Councilmembers Broucek, Fried, Han, Sime and Vice Mayor Padovan voting Yes: Councilmember O'Reilly and Mayor Festa voting No. Ann Goodwin, 222 Seaview Drive, representing the Key Biscayne Woman's Club; Staria Peterson, 395 Caribbean Road addressed the Council regarding their request for a $10,000 grant for a Heritage Trail and Pioneers Day Picnic. The representatives of the Woman's Club were requested to get together with the Village Manager and try to work on a different proposal and to contact Mr. Chris Sager regarding this project Vice Mayor Padovan presented to Council a draft of a letter to Representative Barreiro and Governor Chiles supporting the Legislative Special Session called regarding the severe overcrowding in public schools. The request was approved by consensus of the Council with the exception of section A (Proposing to sell lottery bonds to raise funds) of the draft. Vice Mayor Padovan made a motion to authorize the Manager to place the following items on the November 4, 1997 Council Meeting Agenda: 1.) To prepare a contract to purchase SunTrust Bank property, subject to the condition that said purchase be approved by a referendum of the votersand 2.) a resolution calling a special election for said referendum. The Attorney addressed the Council regarding this issue. By consensus of the Council, the Manager was directed to bring the appraisals for the SunTrust Bank property and the Rebozo property for the meeting of November 4, 1997, provided the appraisals are completed and if they are not completed, they should be brought to the Council Meeting of November 18, 1997. The Manager and the Attorney were also directed to look into the condition stipulated in the SunTrust Bank letter regarding the zoning hearing and variances and to make it clear to SunTrust Bank that this condition may or may not be part of the process. Village Attorney. The Village Attorney did not submit a report. Village Clerk. The Village Clerk informed the Council that the Office of the Mayor issued the following proclamation during the month of October: Proclaiming October 1997 as National Arts. and Humanities Month. The Clerk also submitted to the Council the following item for information: letter to Mayor Festa from Otis B, Brown, Dean, University of Miami, The Rosenstiel School, dated October 15, 1997. Sof 9 6of 9 October 28, 1997 Village Manager. The Manager submitted to Council the following items: letter to Public Works Supervisor from Valerie Aldridge, Key Biscayne Community School, dated October 14, 1997; Greater Miami Convention and Visitors Bureau, Key Biscayne Visitor Profile & Tourism Impact -Six Months 1997. 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 members of the pub ie. 12. ADJOURNMENT: The meeting adjourned at 9:40 pm. ayor opened the continuation meeting of October 21 1997. ORDINANCES:. The Clerk read the following Ordinance, on second reading by title: AN ORDINANCE AMENDING THE CODE OF ORDINANCES, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" BY CREATING SECTION 2-71 "FIRE RESCUE TRANSPORT FEE", TO PROVIDE 1OR FEE TO BE IMPOSED FOR FIRE..RESCUE TRANSPORT SERVICE PROVIDED BY THE. VILLAGE OF KEY BISCAYNEFIRE RESCUE DEPARTMENT; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE I}Aa Councilmesnber Fried made a motion to adopt the ordinance on second reading, The motion was seconded by Mayor Festa. The Attorney addressed the Council regarding this ordinance. The Mayor opened the public hearing. Heidi Archibald, 881 Ocean Drive; Conchita Suarez, 201 Crandon Boulevard; Cliff Brody, 180 Harbor Drive; Joe Raseo, 310 West Heather Drive addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council on this issue. Mayor Festa made a motion to defer this ordinance to the meeting of November 18, 1997. The motion was seconded by Councilmember O'Reilly and approved by a 4-3 roll call vote. The vote was as follows: Couneihnembers Han, O'ReiIly, Sime and Mayor Festa voting Yes. Councilmembers Broucek, Fried and Vice Mayor Padovan voting No. RESOLUTIONS: The Clerk read the following` resolution by title: October 28, 1997 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN ASSIGNMENT OF AGREEMENT WITH BFI CORPORATE CONGLOMERATE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried 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, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Manager was directed to look into how much more it would cost to have a weekly pick up. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE LONG RANGE BEACH NOURISHMENT PLAN, VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan Councilmember Han made an amending motion to add the following Whereas clause: t as ane a 'MB er. The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Broucek made an amending otion to add the following: 1»g ouices ava i b2bp . `R� The motion died for lack of a second. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 3. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. At this point the proposed Sanitary Sewer Project was discussed. Councilmember Han made a motion to go ahead with this project without a referendum and to adopt the finance plan included in the agenda (attached for the record). Councilmember Sime seconded the motion. Councihember Han deferred his motion. October 28, 1997 By consensus of the Council a workshop on the proposed Sanitary Sewer Project will be held on November 17, 1997 at 6:00 p.m Councilmember O'Reilly made a motion to authorize the Manager to proceed with the RFP for engineer. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Counciimembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Fiesta requested to have a discussion regarding the fmane ng plan for the Sewer Projeet at a future Council meding. The Manager announced that Servando Parapar was recommended to be the fifth member for the polieeffire pension plan. Councilmember O'Reilly made a motion approving the above mentioned nomination. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Councilinembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Fiesta voting Yes: The Manager presented to the Council the request for a "No Overnight Parking" sign on Fernwood Drive. By Council consensus a sign was approved to say "No Parking Anytime from 12 a.m. to 6 a zn. The Vlanager'announced that our bond counsel, .Iefft D. DeCarlo, has changed law firm to Adorno and 7.ager and since the Village has developed a relationship with Mr. DeCarlo and not with the law firm, he would recommend keeping Mr, DeCarlo. By consensus of the Council the Manager's recommendation was accepted. The Manager; requested deferral of the Post Office report update. There was no objection to the request. The Manager presented to the Council arequest from the Fire Rescue Department to purchase a Quick' Response Water Vessel in order to better respond to emergencies in the water. Vice Mayor sPr Padovan.'made emotion to approve the request. The motion was seconded by Councilnnember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Couneilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. Mayor Festa requested that the Beach Nourishment item be brought back to the next Council meeting. The Manager requested a motion to award a contract to Ground Works of Palm Beach County, Inc. for 7 palm trees at $2,900 each for a total of $20,300. 8of 9 October 28, 1997 Mayor Festa made a motion to extend the meeting until 11:10 p.m. The motion was seconded by Councilmember Fried and failed by a 4-3 voice vote (unanimous vote required). The vote was as follows: Councilmembers Broucek, Fried, Han and Mayor Festa voting Yes. Councilmembers O'ReilIy, Sime and Vice Mayor Padovan voting No. Mayor Festa announced that all the items that were not heard at this meeting will be heard at the next Council meeting on November 4, 1997. ADJOURNMENT: The meeting adjourned at 11:00 p.m. Respectfully submitted: Ida,/ Couchita H. Alvarez, Village Clerk. Approved this 18th day ofNovember ,1997:• F. Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE 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. 9of 9 Village Gnawit Joke E Fate, Mayor Mithdo Padovan, Vice Mayor Mortimer Fdcd ory C. Hen thi T. O'Reilly Martha Leon Broucek neuy Sime, Manager C. Samuel : [GsMvgcr Office of the Village Manager October 27, 1997 MEMORANDUM TO: Honorable Mayor and Members of the Village Council FROM: C. Sam Village RE: roger ager Sanitary Sewer The attached proposed amortization of the loan colpmitment from the Department of Environmental Protection for twenty (20) years is $7,019,919 repayable in equal installments over 20 years at 2.56%. The schedule is based upon the following assumptions: 1.) It is assumed that 30% of the 706 Single Family Homes that must eventually connect to the sanitary sewers will opt to pay over a twenty (20) year period at an annual debt service of $641.' 2.) The balance of480 ofthe 706 homes • involved will reach the criteria for connecting starting with 30 homes in the first year or 6.25% of 480. Over the next 14 years the maximum possible allowable time for connection is ten years plus five additional years, in case of hardships. Those home owners that have chosen or are mandated to connect. will be paying the initial $10,000 phis interest of 2.56% per year that accumulates for each delay in the year of payment. 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365.5514 • Fax: (305) 365-8936 MISSION STATEMENT nt, PROVIDE A SAFE. QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMEM." yr units units en amount Sanitary Sewer Debt Seivice Analysis 30 Units per year= 26 Sates + 2 Septic Failures + 2 Unit Replacements total now : 20 YR'Q ; annual @ydy Pmnt units 5641 collection 1 480 30 510,250 $367.600 226' 2 450 28 510,512 5294,786 226 3 422 26 4 396 25 5 371 23 6 348 22 7 326 20 8 308 19 9 287 18 10269 17 11252 16 12236 15 13221 14.: , 14207 13 15194 194 16 17 18 19 20 *213,520 226 5205,056 226 $196,380 226 5186,592 226 $176,592 226 52,684,960 226 226 226 226 226 510,761 511,024 $11,280 511,536 511,792 $12,048 $12,304 $12,560 512,816 513,092 $13,328 513,584 513,840 5279,786 5275,600 5259,440 5253,792 5235,840 $228,912 5221,472 226 226 226 226 226 226 226 480 56,020,228 swrs5%#4 '$144,866; 5452,366 $144 666. $439,652 $144,866 $144,866 5144,866 $144,866 144,866 $144,866 $144,866 $144,866 $144,866 5144,866 $144,866 $144,866 5144 866 $144,866 $144,866 5144,866 5144,866 $144,866 5424,652 5420,466 $404,306 $398,658 5380,706 5373,778 5366,338 *358,386 5349,922 5341,246 5331,458 $321,458 $2,829,826 $144,866 $144,966 5144,866 5144,866 annual debt svice 5445,877 $445,877 5445,877 5445,877 $445,877 5445,877 5445,877 $445,877 $445;877, 5445,877 5445,877 $445,877 $445,877 $445;877 $445,877 $445,877 5445,877. $4' 5,877 $445,877 5144,866 5445,877 52,897;320 58,917,548 58,917,540 balance; ($6 725) ($21,225) ($25411); ($411871, (547;2 fay ($65;171). '. ; (5200,333) (572,099) ($272,432) ($79,539) (5351,971) (587,491) (5439,462) ($95,955) (5535,417) ($104,631) (5640,048) ($11'4;419) (5754,467) ($124,419) :. (5878,886) $2,383,949 51,505, (5301,011) $1,204,052 (5301,011) 5903,041 (5301,011) $602,030 ($301;011) $301,019 (5301,011) 58 balance aianc a 0 56,489 $264 (520,961) ($46;372) ,($87,943) (5135,162) $8 ErTh VILLAGE OF KEY BISCAYNE SANITARY sting SYS .1 M Suuuuary Sheet Goal: INSTALLATION OF A SANITARY SEWER SYSTEM TO SERVICE THE AREAS OF THE VILLAGE CURRENTLY BEING SERVICED BY SEPTIC TANKS. 2. The proposed sanitary sewer system will serve approximately 706 properties.' 3. The Master Plan adopted by the Village on September 12, 1995 and accepted by the Florida Department of Community Affairs on October 20, 1995 mandated that a sanitary sewer system be made available by the year 2006 to all areas being served by septic tanks. 4 ` Reasons to eliminate septic tanks: a.) Septic tanks contaminate groundwater and environment after heavy rains (high water table and poor soils for absorption field). b.) Failure of septic tanks (over 30 permits issued for septic tank and drain field repairs since 1993) as of October 1, 1997. c.) The State approved Master Plan requires the installation of a municipal sanitary sewer system by the year 2006 for those areas services by septic tanks. d.) There is a potential for loss of real estate property values for those homes/lots not serviced by a municipal sanitary, sewer system. e.) HRS regulations are subject to constant amendment and the change generally becomes mom regulatory and more restrictive. £) A lot serviced by a rnnnicipal sanitary sewer may provide the opportunity for the construction of a larger home. g.) Although the sr+nifaty sewer system has a definite financial impact on resident in the short term, the investment should be returned in the very near future. h.) Environmental consideration, Florida Department of Environmental Protection (DEP)and Metropolitan Dade County Department of Environmental Resources Management (DERM) recommend sanitary sewer especially on a barrier island. 5. The proposed sanitary gravity/forcenuan sewer system will consist of the following. a.) 45,000 LF of 8" gravity sewers b.) 132 manholes c.) 17,650 LF 6" (lateral) d_) 4 pump stations e.) 7,000 LF of force mains Loan amount applied for by the Village and approved by the State of Florida Department of Environmental Protection - State Revolving Fund: $7,019,919 @ 236% interest rate. State loan may permit Village to provide less stringent connection requirements: Construction costs (mciuding contingency): $6,215,000 8. Engineering and related project costs: $ 804,919 9. Approximate loan repayment cost per resident $9,950 over 20 years ($642/year) based on above constructionexpenditures. If actual bids exceed the $6.2 million, the cost per household shall increase accordingly. Loan to be repaid by special assessment - planning and engineering must be complete and approved bythe DEP by October 1,1998 to sere the loan. Does not include preconstruction costs of $723,762. Title annual debt payment is $452,787. Page I ofs 10. One time additional cost to residents to connect to the systems based on 1997 fees follows:: a) $1,950 - To abandon septic tank and irmtall service laterals b) $ 50 - Permit' c) $2,000 - MDWASD connection fee Fees subject to change by Dade County. 11. The estimated annual Miami Dade Water & Sewer Department sewer rate is $600/year. (Monthly water & Sewer bill) The more water consumed the greater the sewer bill. Generally it is 2'A times the water bill Additional water meters would reduce the sewer bit. 12. Village residents will have 10 years to connect to the sanitary sewer unless: a) Failure of a property's existing septic tank system occurs b) Improvements or repairs to a propeityexi s 50% of its c) A change in property ownership occurs An additional five (5) year exemption may be obtained by petitioning the Dade county Environmental Quality Control Board for hardship reasons. 13. Two proposals have been received for septic tank maerials and installation: PROPOSAL ONE: Carlos RiveroPlumbing and Septic Tank Contractor, the. Installation of 1050 Gallon Septic'Tankwith 529 square foot Drainfield $4,395 • Pump System (if necessary) will include the following. $2,995 - I -1/5 HP submersible pump - 1 dosing control panel - 1 high water alarnt control box • l,on/off Row switeh - 'check value' - I vault valve • .; Total Cost of Proposal One: PROPOSAL TWO: `Westland Septic Tank Corporation • Option#1 - 1,050:GL.Septic tank with astandard LID 571 SQ FT of Draiu&eld HRS Peimrit • Option #2 -1,200 GI, septic tank with a standard 714 SQ FT of Drainfield - HRS Permit Option #3 -1,350 GL Septic Tank with a standard LID 857 SQ FT Drainfield, HRS Permit August 26, 1997 Rev. September 5, 1997 Rev. October 15,1997 Rev. October 27, 1997 Page 2 of , $3,000 $.200 $3,500 $ 200 $3,900 $ 200: $7,390 $ 33200 $3.744: S4J11Q D &W (WANCAMMEMOZSANSEW.SUM r `a. TABLE REFLECTING DRAIN FIE •D C IMLGES YR Bit GPD SEPTIC TANK DRAIN FIELDS ADDITIONAL RESERVE @ 100% OF DRAIN FIELD TOTAL DRAIN FIELD REQ'D (S.F.) 1986 DRS 4 450 900 125 125 1988 SFBC 4 750 1050 400 400 1995 DRS 4 400 1050 571 571 1142 August 26, 1997 Rev. September 5, 1997 Rev. October 15, 1997 Rev. October 27, 1997 Page 3 oj3 nnwo vmnSAMMEMOS1SMiSfll'SUM MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 4, 1997 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, Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan and Mayor John Festa, Councilmember Betty Sime was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: Reverend Robert M. G. Libby, St. Christopher's by the Sea gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4: APPROVAL OF MINUTES: The minutes of the Council Meeting of October 21, 1997` were approved by unanimous consent. 5 AGENDA: There were no changes made to the agenda. 6. SPECIAL PRESENTATIONS: The Mayor presented Resolution 97-50 to Helen White, recognizing her for her efforts and services to the community. The Mayor presented the checks to the following 1997 participants of the Employee Training and Development Program: Firefighters Ray Aguiar, Gary Carter, Frank Galgano and Tania Romero, Michael Bain, Ana de Varona, Carolyn Greaves and Lieutenant Cathy McElhaney. Mr. Lynn Whisenhut, General Manager, Adelphia Cable, addressed the Council and the public regarding the services that Adelphia Cable provides to the residents of Key Biscayne. Mr. Whisenhut announced that ESPN2 will be added to the channels offered on Key Biscayne as of December 1, 1997. Mr. Whisenhut also stated that Adelphia Cable is working on the following programs to be launched in December a Spanish service program, digital channels like the Sega Channel (interactive games) and a musical program. Heidi Archibald, 801 Ocean Drive; Scott Bass, 201 Galen Drive addressed the Council. 1 of 8 November 4, 1997 Mr. Paul Kvedaras, Marketing Chairman, Scouts with Disabilities, Jennifer White, District Executive and Anna Medina representing the Hospice House addressed the Council and the public regarding a request to use the Village Green, for a period of two weeks from December 6 to December 24. 1997, for the purpose of installing a Santa Claus booth . Mayor Festa made a motion to approve the request. Councilmember O'Reilly seconded the motion and it failed by a 2-4 voice vote. The vote was as follows: Councilmember O'Reilly and Mayor Festa. voting Yes. Councihnembers Broueek, Fried, Han and Vice Mayor Padovan voting No. PUBLIC COMMENTS: Michael King, 745 Femwood. Road addressed the Council. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNEFLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 "WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT, AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN APPROVAL AFTER PUBLIC HEARING; PROVIDING FOR REZONING OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS, BY REZONING PARCEL AT 180 HARBOR DRIVE TROM COUNTY RU -3M ZONING DISTRICT TO V17 LAGE "WR" ZONING DISTRICT ANT) REZONING A VACANT PARCEL LYING IMMEDIATELY TO THE SOUTHWEST FROM 'COUNTY RU -1 ZONING DISIRICT TO VILLAGE "WR ZONING DISTRICT AND REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE'. FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT; PROVIDING FOR REVISION OF ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Director of Building, Zoning and Planning, John Little addressed the Council and the public regarding this ordinance. vt The Mayor opened the public hearing, Jacqueline de Leon, 615 Ocean Drive; Bill Cole, 580 Femwood Road; Jim Taintor, 355 Harbor Drive, representing the Yacht Club, addressed the Council. The Mayor closed the public hearing: The Attorney addressed the Council regarding this ordinance. Councilmember'Han made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried. 2 of 8 November 4, 1997 Councilmember Han made an amending motion to add under Section 30-80. Waterfront Recreation and Open Space Zoning District. Section (C) 1. Private' eac1 iW aieas. The motion was seconded by Councilmember Fried and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Han made an amending motion to delete Section (C) 2 in its entirety and renumber the following sections under Section 30.80. Waterfront Recreation and Open Space Zoning District. The motion was seconded by Mayor Festa and approved by a 5-1 roll call vote: Councilmembers Broucek, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Fried voting No. Councilmember Han made an amending motion to add under Section 30.80. Waterfront Recreation and Open Space Zoning District. Section (1)) Development Parameters. 3) Minimum setbacks. p feg a tan" s. The motion was seconded by Mayor Festa and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly made a motion to delete Scction (E) in its entirety under Section 30.80. Waterfront Recreation and Open Space Zoning District. The motion died for lack of a second. The ordinance as amended was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk announced that the second reading of this ordinance is scheduled for the meeting of November 18, 1997. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING AND SUPPORTING DESIGNATION OF A HISTORIC SITE AND CREATION OF A MUSEUM AND MEMORIAL AT THE RICHMOND NAVAL AIR STATION IN DADE COUNTY, FLORIDA. Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. 3of8 November 4, 1997 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING TIIE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Co ricili iembS Broucek, Fried, Ilan, O'Reilly, Vice Mayor Padovan and May&r Fab voting Yes. There was ei Mayor Festa instructed the Manager to request from all organizations that have a contract with the Village, to provide a document that indicates their expenses and revenues for the year. • Steve Simon, 335.Harbor Lane, representing the Atheltic Club, addressed the Council. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. The Manager addressed the CounciLregarding the Village's appraisal for the SunTrust property informing the Council that it has been completed and now awaiting for the SunTrust's appraisal to be completed and at that time both appraisals will be opened and made public. Robert Brooks, 95 West McIntyre reiterated to the Council that the first priority for the SunTrust Bank is to build their branch and after this is accomplished, then the SunTrust Bank will be ready to negotiate with the Village regarding the sale of the existing building; Raul Llorente, 345 Cypress Drive addressed the Council. There was extensive discussion bum Council on this issue. The Attorney also addressed the Council regarding this issue. The Mayor requested that a representative from the Library Beautification Foundation address the Council regarding the Foundation. Cecile Sanchez, 260 Cypress Drive; Alison Owen, 1111 Crandon Boulevard addressed the Council regarding the library landscaping, 'informing the Council that the Foundation received a donation and, therefore, will no longer need the grant from the Village. The Foundation requested that the Village be responsible for fertilizing the library' gardens three times a year and mulching twice a year. 4of8 G November 4, 1997 Councilmember Fried withdrew his item regarding the Key Biscayne Beautification Foundation, Inc. There was no objection to this request. Vice Mayor Padovan requested approval from Council to send a letter to Mr. Roger Cuevas, Superintendent of Schools, Dade County Public Schools stating that she is the school board representative, appointed by the Village Council, before the Dade County School Board. By consensus of the Council the Clerk was directed to send the letter to Mr. Cuevas. Councilmember Han offered technical corrections to the letter and they were approved without objection. Councilmember Broucek requested to adopt the following goals and objectives: Crandon Boulevard, Village Facilities, Sidewalks: West Heather and West Wood, Beach Preservation and Village Voices. The Clerk was directed to bring an updated report regarding the Village Voices to the meeting of' December 9, 1997. Councilmember Fried addressed the Council regarding the West Heather and West Wood Drive traffic calming. Councilmember Fried stated that the construction of sidewalks on the north and south sides of both streets should start on January 1, 1998 and then appropriate funds in 1999 to take care of the traffic calming. The Manager also addressed the Council regarding this issue. The Manager was, requested to bring to Council costs for this project and to also include the portion of East Enid between the Fire Department and the School. Village Attorney. The Attorney did not submit a report. Village Clerk. Pursuant to Section 202 of the Village Charter, an election was held for the vice mayor's seat. Councilmember O'Reilly nominated Vice Mayor Padovan. The nomination was seconded by Mayor Festa. Vice mayor Padovan nominated Councilmember Fried. The nomination was seconded by Councilmember Broucek. Voting by ballot, the Council elected Councihnember Fried to serve as Vice Mayor. The vote was as follows: Councilmember O'Reilly and Mayor Festa voting for Vice Mayor Padovan. Councilmembers Broucek, Fried, Han and Vice Mayor Padovan voting for Councilmember Fried. The Clerk announced that there will be a Town Meeting on November 22, 1997 at the Sonesta Beach Resort and invited the public to attend. 5 of 8 November 4, 1997 Village Manager. The Managerrecommended that the workshop on the proposed sanitary sewer be called a public hearing due to the state loan requirements. By consensus of the Council the request was approved. Councilmember O'Reilly made a motion to conduct a bacteriological study of the waterways of the unsewered areas up to a ceiling of $50,000. The motion was seconded by Couneilmember Broucek. Councilmember O'Reilly withdrew his motion. Councilmember O'Reilly amended his motion to say that the bacteriological study should not to exceed $20,000, The motion was seconded by Councilnember Broucek: 0orinncilmerrr'ber Han made a proposal to contactDERM to conduct this study. Carlos Penn, Village Engineer and Andrew Pierce addressed the Council regarding this issue. Councilmember O'Reilly amended his motion to direct the Manager to find out the cost to conduct such a study. The motion was seconded by Mayor Festa and failed by a 3-0-2 voice vote. Councilmembers Broucek, O'Reilly and Mayor Festa voting Yes. Councilmembers Pried and Han voting No. (Vice Mayor Padovan was absent at the time of the vote). The Manager addressed the Council regarding the financial aspect of the proposed sanitary sewer project. The Attorney addressed the Council stating that the Village needs to get an opinion from a tax attorney regarding the tax issue. Jack Neustadt, Director of Finance and Administrative Services also addressed the, Council.' Mayor Festa suggested that staff look into the City of West Miami and find out where their sanitary sewer is billed. Do they get a bill from the County or do they get a bill from the City of West Miami. Councilmember Han brought to the attention of the Council that Harbor Point is not included in this project because it is a private road. This issue is to be brought back at a future Council meeting. The Attorney and the Engineer addressed the Council regarding this issue. The manager will bring the Post Office update report to the next Council meeting. The Manager requested a motion to award a contract to Ground Works of Palm Beach County, Inc. for seven (7) palm trees at $2,900 each for a total of $20,300. The request failed by a 3-3 voice vote. The vote was as follows: Councilmembers Broucek, Friedand Han voting Yes. Councihnember 0' Reilly, Vice Mayor Padovan and Mayor Festa voting No. Village Planner, Raul Lastra and Village Engineer, Carlos Penin addressed the Council regarding this issue. 6of8 November 4, 1997 Vice Mayor Padovan made a motion to authorize the Manager to spend $100 per Circle. The motion died for lack of a second. The Manager was requested to come back to Council with a recommendation and a cost ro plant Alexandrias in the circles. The Manager recommended to Council to support a program of the Rotary Club of Key Biscayne where they select an Employee of the Quarter. The program was approved by consensus of the Council. The program for the Heritage. Trail Dedication was approved as presented to Council by unanimous consent. Mayor Festa made a motion to extend the meeting until 11:10 p.m. Councilmember Broucek seconded the motion and it failed by a 4-2 voice vote (unanimous vote required). The vote was as follows: Councilmembers Broucek, Fried, Han and Mayor Festa voting Yes. Councilmember O'Reilly and Vice Mayor Padovan voting No. Vice Mayor Padovan made a motion to reconsider extending the meeting. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes. The motion to extend the meeting until 11:10 p.m. failed by a 5-1 voice. vote (unanimous vote required). The vote was as follows: Councilmembers Broucek, Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The Chief of Police, Michael Flaherty addressed the Council regarding.a parking concern from the Key Biscayne Community School requesting sidewalks on Fernwood to allow children to walk safely to the new entrance of the school. The Chief also addressed the issue of the crossing guard in front of St. Agnes School informing the Council that this position has been advertised on several occasions with no response. The Chief of Police was directed to issue warnings first and then issue tickets to everyone that is parked illegally around the school. The following items were submitted to the Council: The monthly departmental reports (October); letter from Darlene Mooney, Principal, Key Biscayne Community School, regarding the Attendance Boundary Committee, dated October 30, 1997. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 7of8 November 4, 1997 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 11:15-p. Respectfully submitted: ,04air Caudillo H. Alvarez, Village Clerk Approved this 18th day of November ,1 1997: IFA PERSONDECIDES TOAPPEALANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT TOANYMATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON WILLWEED 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 VILLAGE COUNCIL "PUBLIC HEARING" ON THE PROPOSED SANITARY SEWER CONSTRUCTION PROGRAM VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, NOVEMBER 17, 1997 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 6:10 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, Deputy Village Clerk Vivien Mauri and Village Attorney David Wolpin. Mayor Festa addressed the Council and the public stating that the purpose of the public hearing was #o give the residents and owners of Key Biscayne that are in non-sewered areas, the opportunity to ask questions to experts in the field, from Dade County, State, HRS and Miami Sewer Departments. The Village Manager made an overview regarding the Council's goal in the Sanitary Sewer issue since the time of incorporation. The Manager explained a loan was recently secured for the cost of the project installation and planning of the engineering over a 20 year period at a rate o€2.56% o. This rate will benefit those who choose to benefit from the installation of the sanitary sewer line in front of their respective homes. The Village Engineer will address the feasibility study which was a part of the loan requirement, the rules and regulations which govern the repair and installation of septic tank systems and brief presentations from the expert representatives. At this point, the Manager introduced the Village Engineers Carlos Pepin and Andrew Pierce for their presentation. Carlos A. Pepin; P.E.; Village Engineer, CAP Engineering Consultants, explained that once we submitted the application, one of the requirements was that we submit a collection system study. Also, the Engineer presented an overview of the existing system and then showed the proposed system which will include the areas that are going to be covered in the proposed sanitary sewer system. A series of charts were presented to illustrate the presentation. The Mayor opened the public hearing. The following residents addressed the Council: George Earl, 445 Hampton Lane regarding the duration of the project; Sam Davidan, 720 Myrtlewood Lane regarding future conflicts with costs and water main breaks; Luis Robles, 22 Harbor Point regarding the possibility for inclusion in the special taxing district and in the referendum of a private road; Jim Haney, 472 Glenridge Road regarding the real costs, 1 of 8 V", November 17, 1998 favored referendum and wanted information in the number of sewer overflow cases and problems with installation; Miguel Echarte, 325 Gulf Road regarding sequence and scheduling of the program; Clyde Aderhold, 797 Wooderest, asked about the sewer: and the referendum. ,. Councilmember Han made addressed the Council and the public' encouraging the later to 1� elected officials know about their opinions on whether a referendum is necessary ornot. The Manager indicated that there is a time deadline ofNovember 1, 1998 to the state loan plans and speeiafieations Lust be corirpieted lay this date. The Manager indicated that applying fi the loanis not ai span easy task. The first tiine that the Villagenpplied for the loan, it was denied, and when applied, for the second tiimewe were apProVHed, Thebenefit of the lean being in place at the 'scented rate of 2,56% is a benefiitMat may not. happen again. The Engin er tothe fact that east discussed at thi not Yet being designed. Mr. William M. Brant, Deputy Director for Wastewater Miami -Dade Water & Sewer Department, briefly addressed the Council regarding repair rneasTires adopted by his department in the event of overflows due to ;any type ofpurnp station fa tureen The following residents addressed the Conned: Luis Robles, 22 Harbor Point, regarding the possihil ty ofthe Toan for the'private sector ',Attie Island, Fdramage and electricity at Harbor` Point; Elaydee Archibald, 881 Ocean Drive, regardi=ng eondomidums share not to pay for sewer1ifresiden"ces; tin €Haney, 472 Clearidge Road, regardingprrogram costs. At this time. the . Manager indicated that there were three representatives from the Agency of Environmental Protection. Mayor Festa introduced thetrepresentativc,forthe State Department of Health, Mr. Samir Emir. Mr. Sarair EImir, e Environmental Administrator for the State of Florida and Department of Health (it is no longer -d led 1• -IRS), addressed the Council regarding the mandatory and statutory. requirements to adinin seer the septic tank program in Dade County. Mr. Elmir's department, the Department ofHealth, is responsible for the administration and 'implementation of the Florida laws regarding septic tanks. The elements of their health program are compliance, permitting and enforcement. Mr. Elnrir urged Village officials tohin%rrn his office of septic tank system conditions, due to the fact that their office doesnot have a maintenance program. The Health Department's only way to find out about septic tank systems is once they have failed. There is no real repair data available, nevertheless. the Department of Health keeps data on the number of system failures throughout Dade County. 2 of 8 November 17, 1998 Mayor Festa, in an attempt to get general points of information and help Councilmembers and the public to further understand the topic, asked the following questions from Mr: Ehnir: Can you define a system failure? Can repairs be done to drain fields? What repairs are done to septic tanks? Do most repairs are the result of a change of the drain field? Councilmember Broucek further asked the following questions from Mr. Elmira Who is the final authority implementing compliance issues? Who implements the permits? Mr. Elmir indicated that the Dade County Health Department has the full authority regarding permits. There was extensive discussion from Council regarding the changes in drain field requirements. Councilmember Sime asked Mr. Elmir to elaborate regarding the issue of why the State prefers sewer over septic tanks and also asked about high tides and septic tanks: Mr. Ehnir also addressed issues regarding elevation requirements. Councilmember Han asked Mr. Elmir to comment on the possible contamination of ground water due to septic tank failures and if there are any special conditions on Key Biscayne that may allow the continuous use of septic tanks or to modify some of the department's regulations. The following residents addressed the Council: Jim Aldridge, 596 Femwood Road regarding data collected from exposure to raw sewer contamination and health threatening issues; Jim Haney, 472 Glenridge Road, regarding state mandated requirements because of the Master Plan and sewer overflow; Ward Rathbone, 275 W. Mashta Drive regarding elevation of drain fields and original Mackie fills; Wendy Johannsen, 212 W. Mashta Drive, regarding archaic systems which are polluting the Village and illegal repairing of drain fields, and the initial Key Biscayne sewer section from 195O's; Nancy Harrison, 240 W. Mashta Drive, regarding old septic tanks v& new septic tank failures; Sam Davitian, 720 Myrtlewood Lane, regarding implementation of a septic plan maintenance program and effectiveness. Mr. Emir stressed to the public the importance to inform the corresponding authorities of anyone serving the installation, repair or replacement of a septic tank or drain field without the proper permits or at odd hours. Anyone aware of a septic tank repair should report it immediately to the Health Department. Contractors conducting business without the proper permits can get their licenses revoked. Mr. Elmir indicated that their telephone number after 5:00 P.M. is (305) 324-1190 and from Monday through Friday during regular office hours is (305)'623-3500. Councilmember Padovan addressed the Council regarding the replacement and upgrade of the pump station at Grapetree due to backups and overflows two years ago. Vice Mayor Fried asked Mr. E1mir about requirements from master plans and if the Health Department has jurisdiction in master plan approvals. 3 of November 17, 1998 The following residents addressed the Council: Dawn Gibbons. 301 West Beechwood Drive regarding backups in sewer systems the to hurricanes and/or heavy rainfalls; Haydeee' Archibald, 881 Ocean Drive regarding overflow solutions through sewer systems are not always effective because severed areas also experience problems and program implementation ,Jim Ha y, 472 lenridge Road regarding the sing of the system., tiers Councihnentber Community Aff Han asked the Tlealth Department representative if' his office had any special Cey Biscaynes,;special situation by drafting a different set of regulations er tent-' Mr', .S'amir lamed tha't,'-special requests would have to be ;ed about the Department of Health's relationship to the Department of lemends for new municipalities to comply to sewer systems. Mayor Festa asked Mr. Emir to elaborate on what would cause septic tank chain field systems to fail even if elevation is two additional feet from where it is currently placed? Mr. Elmir stated that septic tank drain fields failures are generally the result of poor construction inspections, clogs, heavy use of systems and/or excessive rainfall. ti4 yor the quest: rir for representing the Department of Health and answering all At this time, Mr. ,Tim Plexico from the Department of Envicomncntal Protection addressed the Council. Mr. Plexico briefly explained that his agency Was responsible for providing the loan. Mr. Plexieo's department was given a health certificate signed by a health official documenting the health 11a7:lrd on Key Biscayne.The authorized health certificate gave Key Biscayne the high priority for a low interest rate loan. The Department of Environmental Protection has been processing theapplicationand Mr. Plexieo stressed that he believed that Key Biscayne had secured one of the ImVestiiiierest rates available lip Walk's ever given by their entity, The loan requires that plans- and specifications be due by November 1,1998. He further indicated that his office is working closely with the ViIfage Engineers tb get through, the process and make this money available. Mayor Festa asked Mr. Plexico what would happen?iwith the loan in the event that we would have to go to a referendum and get a Split vote on sections of the lsland, can the Village still use these funds? Mr. Plexico explained that a split scenario would deviate from the original island wide system presented, necessary to secure the loan. Yet, subject to public input, Mr. Plexico further stated that while being at the planning stage there may be variations presented. 4 of 8 November 17, 1998 The Mayor asked the following question to Mr. Plexico: To what extent does the Village have the opportunity to enhance the loan not at the 2.56% but at the current rate of 3.22%2 Mr. Plexico responded that it is possible for this scenario to occur. The following residents addressed the Council: Jim Haney, 472 Glenridge Road asked if the plan could be phased, and about the deadline date; Haydee Archibald, 881 Ocean Drive regarding clarification for the term whole Island. At this time, Mr. William Brant, Deputy Director of Wastewater for Miami -Dade Water & Sewer Department was introduced. Mr. Brant represents the Water and Sewer Utility for Dade County and his office is responsible for the operation of the regional water and sewage treatment plants for virtually all of Dade County. Mr. Brant explained that the waste water from the Village goes to the Virginia Key Sewage Treatment Plant and his department handles the frequency of the sewage, disposal, operations and maintenance of the transmission system to get it there, as well as, the collection system and pump system that would be constructed if the Village chooses to go ahead with the project. Mr. Brant also indicated that the current cost for a single family home to connect is of $1,841. The connection fee is set by the County Commission and is effective from October 1, 1997 to September 30th, 1998 and historically increases every year. Mr. Brant further explained that the connecting fee also corresponds for using a share of the capacity of the system and that the sewage plants are very expensive to maintain and build. Mayor Festa asked Mr. Brant to comment on the following questions: Does sewer serve better the Island in terms of getting rid of the water? How was the experience from Dade County Water & Sewer in the recovery process after Hurricane Andrew and to please give an explanation of the different itemized charges which appear on the water bill. Mr. Brant commented that DERM has a very sophisticated regulatory computerized system which overlooks Miami Dade Water and Sewer and monitors closely every pump station. There was extensive discussion from Council regarding this issue. The following residents addressed the Council: Jim Haney, 472 Glenridge Road regarding count documentation from sewer problems for comparison purposes; Sam Davitian, 720 Myrtlewood Lane regarding concerns about increase in water charges and capacity problems at Virginia Key Sewage Plant and replacement of pipes; Molly Baringer, 371 Beechwood Drive regarding the financing to homeowners who can not afford the system. The Manager indicated that there will be, if Council goes ahead with this program, a series of Public Hearings that will address specifically the areas of assessment and how Council is going to assess this program (for example a corner house vs. a non -corner house and location of sewage line). 5 of 8 with DER November 17, 1998 Jim Haney, 472 Glenridge Road addressed the Council regarding paving contracts funds. Mr. Brant explained that these funds are capitalized and come out of the departmental budget. Mt. Vince Arrebola, P.E., Chief, Water & Sewer Division with DERM gave an overview of the application process and how they have worked closely with the administration to obtain the variance regarding the connectian requirements. Mr. Arrebola explained that his department also has delegation from the Department of Environmental Protection for the administration of the domestic sewage program, therefore, if Ceuneil decides ,to go ahead with this program, his office would be responsible for processingng the plans and permits an behalf oflhe State. Also, as aregallatOryneacy, offnly is: led to investigate sewer overflows and septic tank prole . PERM investigates other agencies, such as the Health Departure t art<I the l inty, in'correcting robleiits Coaneilrnember Han asked if County regulations had anything to do with the design criteria for „ . Mr. Arrebola explained that'county regulations under the Water and Sewer Department `address issues skit as land use and lot size, I<nspee d about s+ for the Village of Key Biscatie addressed the Council. ivlr, ,ti'ctank contractors and permits John Little, Building Planning and Zoning Director, briefly addressed the Council regarding the possibility of including the inspection of in fields as part of the inspection process. There was extensive discussion from Council regarding the plumbing inspection processes. Mr. Sam Davitian, 720 Myrtlewood Lane addressed the Council regarding higher standards of performance for inspection as a matter of health. Director of Finance and Administrative Services, Jack Neustadt addressed the Council giving an overview of the (financing part of the program. The Finance Director explained the Capital Financing Plan and the three options available to individual homeowners (copy attached). There was extensive discussion from Council regarding this issue: The following residents addressed the Council: Peter Harrison, 240 W. Mashta Drive regarding his support for the sewer system; Molly Baringer, 371 Beeehwood Drive regarding taking the decision to the voters. 6of8 November 17, 1998 The Financial Advisor for the Village of Key Biscayne, Percy Aguila, Jr. from Rauscher, Pierce Refsnes, Inc., was introduced and addressed the Council regarding the importance of the interest rate locked from this loan: The Attorney explained the difference between a special taxing district and a special assessment program. Mr. Jeffrey DeCarlo, Bond Counsel to the Village with Adomo and Zeder, P.A., indicated that in order to do a taxing district, the Village would have to go through Dade County. The County procedure requires a referendum. There was extensive discussion from regarding this issue. Nancy Harrison, 240 W. Mashta Drive addressed the Council regarding the importance of the program and the real necessity some residents have. Mayor Festa closed the Public Hearing and thanked all the representatives for their information and time. "Councilmember Broucek encouraged residents to come forward with their opinions, to get informed, and to get involved. Councilmember Broucek reiterated that only through public input is that elected officials can come to correct decision making and that this sewer program is for them. Councilmember Padovan made a motion to adjourn the meeting. The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote. The vote was as follows: Cotmcilmembers O'Reilly, Han, Sime, Broucek, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. The meeting was adjourned at 9:45 p.m. Respectfully submitted: Vivien Maur' Depue; Village Clerk Approved this 9th day of December, 1997: F Festa cor 7of8 7 November 17, 1998 IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO A N Y 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, WHEW RECORD INCLUDES THE TESTIMOAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 8 of SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 18, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDERJROLL 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, 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 Attorney Gilberto Pastoriza. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the Special Council Meeting of October 28, 1997 and the Minutes of the Regular Council meeting of November 4, 1997 were approved by unanimous consent. 4. AGENDA: Councilmember Sime requested the addition of a copy of state law 338.155 and amendment section 96-178 done in 1996 which compliments the, discussion of Item I1A7; Councilmember Padovan requested to add a Twelve Month Revenue Report as Item 11A8; Mayor Festa requested that Item 10B be moved to the beginning of the Agenda, There were 110 objections to the agenda changes. 5. PUBLIC HEARINGS: All witness giving testimony in the following zoning hearing were sworn in by the Deputy Clerk. Hearing. Number 97 -1118 -VC -01. St. Christopher's By -The -Sea Episcopal Church, 95 Harbor Drive, the applicant, pursuant to section 33-151.118(a) of the Metro -Dade County Zoning Code requested a non-use variance of 60 -student -per -acre of the maximum number of students requirement for grades kindergarten (K) through the sixth grade to allow a maximum enrollment of 130 students instead of 105 of the maximum permitted and a non-use variance of outdoor recreation/play area requirement to allow 14,383 square feet for the proposed outdoor play area instead of 45,000 square feet of the minimum required. ohn Little, Director of Building, Zoning and Planning addressed the Council stating his recommendations for approval_ 1 o November 18,'1997 The Mayor opened the public hearing: Anne Owens, representing St. Christopher's Board of Directors, the applicant, 200 Ocean Lane Drive addressed the Council. The Mayor closed the public hearing. Vice Mayor Mortimer Fried made a motion to approve the request. Councilmember Padovan seconded the motion and it was approved by a 7-C) roll call vote. The vote was as follows: Councilmembers Broucek,'Han, ©''Reilly, Sime, Padovan Vice Mayor Fried and Mayor Festa voting Yes. CONTINUATION OF COUNCIL MEETING' OF NOVEMBER 4, 1997: REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councitinembers. The Mayor reviewed the proposed 1998 .schedule of Council meetings and instructed staff to come back with a similar schedule to the one adopted in 1997. The Mayor recommended todelete the July 14th and 28th dates and insert a meeting date in early July and another one in mid August. The Clerk's office is to come back with "a revised schedule for approval at the next Council meeting: Mayor Festa requested to hear Item 5AI2, the Long Beach Nourishment Plan, at this time. There was no objection to the request. The Manager was requested to look into the possibility of hiring a lobbyist and to look into the costs and various ways of approaching the lobbyist scenario. There was extensive discussion from Council on this issue. Councilmember Broucek proposed Sandra Goldstein, if the Council decides to hire a lobbyist. At this time, Mayor Festa requested to hear Item 11A7 regarding the privacy toll issue for the Rickenbacker toll. Councilrmentber Sime introduced for information, a copy of state law 338.155 and amendment section 96-178 done in 1996. The Attorney addressed -1111e Council regarding this issue. There was extensive discussion from Council on this issue. Servando Parapar, 240 Cypress Drive, Expressway Authority, addressed the Council. Mayor Festa asked Mr. Parapar to find any available information from the State to the County that would enable to understand and interpret the intent of the law. The Mayor indicated that the County will write a legal opinion on the privacy matter. 2 of 9 Q November 18, 1997 Councilmember Broucek requested to hear Item 5A3 at this time. Councilmember Broucek explained her concerns about the speeding problem and the possibility of implementing speed bumps in some of our streets. The speeding on Glenridge Road is symptomatic of the overall speeding problem around the Village. The Mayor instructed the Manager to come back with the County's opinion regarding the possibility. of dropping the speed limit to 25 mph and.posting-a single speed sign at the entrance of the Village. The Manager informed the Council that the Village is out for bids on traffic calming devices for Harbor Drive circles and the bus turnarounds. Councilmember Sme requested that the motion to award the contract for landscaping the traffic circles, from the November 4, 1997 Council Meeting, be reconsidered due to the fact that she was absent The Attorney addressed the Council regarding this issue stating that in order to reconsider a motion someone from the other side of the table (public) would have to bring it up. Mayor Festa indicated that in his discussion of Village Council rules and procedures he would allow for a Councilmember to bring back a motion, if not present. The Mayor indicated that the West Mashta Circle Landscape will be re -considered in the future. At this time the Mayor requested to hear Items 5A4, 5A6, 5A7 and 11A4. The Mayor indicated that all these Items tie in for discussion regarding organizations, events, etc. There was no objection from Council to this request. There was extensive discussion from Council regarding these topics. Councilmember Padovan made a motion to transfer $30,000 from the existing $50,000 in the Community Grants line item from the 1998 budget. These funds are to be allocated to a new line item, Special Programs, in the Recreation Department with the approval of Council. Mayor Festa seconded the motion and asked the Attorney regarding the legalities if Council is allowed to transfer the money. The Attorney indicated that transferring from one department's account to another department's account: by the way of a motion is not allowed. The Attorney further stated that a particular request to transfer money from one account to the other, should be more specific, that is, the intent and ways in which the monies would be spent and in should be in the form of an ordinance. There was extensive discussion from Council regarding this issue. The Mayor opened the public hearing. Haydee Archibald, 881 Ocean Drive; Chilton Harper representing the Rotary Club; Bob Brookes, 95 West McIntyre; Scott Bass, 201 Galen Drive addressed the Council. The Mayor closed the public hearing. 3 of 9 November 18, 1997 The Mayor suggested that Councilmember Padovan speak to the Attorney regarding the appropriate way to bring to Council any type of ordinance regarding the moving of money within the budget. Any Councilniember can make the request and bring this issue at a future meeting. Mayor Festa requested to hear Item 10A at this time. There was no objection to the request. 7. PUBLIC IIEARING: All witness giving testimony in the following zoning hearing were sworn in by the Deputy Clerk. Hearing Number 97 -102$ -VC -01. North King, Inc., 24 Crandon Boulevard, the applicant, is requesting pursuant to Section 28-7 of the Village of Key Biscayne Code an approval of a non-use variancefor the existing signs, "S1 EPHANO'S" and "LIQUOR", to remain mounted on the mansard roof instead of being mounted on a wail surface; an approval of a non-use variance for the continued use of the existing signs,,"STEPTIANO' S"'and "LIQUOR" toremain forward lighting as constructed instead of the required reverse lighting; an approval of a non-use variance for the proposed awning sign to have two (2) lettering lines instead of the required one (1) lettering line; an approval of multi - tenant center graphics criteria for walPsigns; and an approval of a proposed monument sign read as "RI'STAIJRANT BAR, NIGHT CLUB, LIQUOR DELI' to be placed near the entrance facing Crandon Boulevard. Director Little addressed the Council stating his recommendations for approval. The Mayor opened the public hearing. Paul Auchter, attorney with Arlen & Gallego, representing the owners of the above mentioned property addressed the Council.' The Mayor closed the public hearing. Vice Mayor Fried trade a motion to approve the request. 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, Sinte, Padovan, Vice Mayor Fried and Mayor Festa voting Yes. 1" .=M The Mayor addressed the Council regarding a resolution supporting the city of Richey's request for support of an amendment to article VIII, section 2(a) and (c) of the Florida Constitution. Councilmember Padovan made a motion to adopt the resolution. The motion was seconded by Councilmember Sime and approved by a 7-0 voicevote. The vote was as follows: Councilmember Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Manager addressed the Council regarding this resolution. Village Attorney. The Village. Attorney did not submit a report. 4of9 November 18, 1997 Village Clerk. The Deputy Clerk informed the Council that the Council meetings broadcast schedule is Thursdays and Fridays after a meeting at 10:00 a.m. and 7:00 p.m. It was the consensus of Council to retain this schedule. The Mayor recommended that special meetings; scheduled out of the regular schedule should be broadcasted preferably in the evening time. The Mayor informed the public that those wishing to have a copy of the meeting could request it, for a nominal fee, from the Clerk's office: The Manager announced that new audio equipment had been ordered and the microphones had been checked in order to provide better sound. The Mayor invited the public to call if problems persist so that they can be brought to the attention of staff. The Clerk .submitted the following items for information: memorandum from the Clerk to the Mayor and Councilmembers regarding a request for vacation. The vacation time was approved by unanimous consent of the Council. Village Manager. The Manager requested deferral of the Post Office report update._ There was no objection to the request. The Manager gave an update on the status of the line of sight compliance survey indicating that they had accomplished ahnost a 100% compliance from all listed, showing an excellent progress.. At this time, Councilmember Padovan requested to discuss Item 11A3, Councilmember Padovan requested approval to send a letter, signed by the Mayor, thanking property owners for complying with the line of sight requirement. There were no objections to the request. The Manager discussed the right of way/swale violation survey. The Mayor suggested that a follow up should be done with a list of violations that have been found persistently violating the swale area, so that a code or landscaping criteria could be developed: The Mayor instructed staff with the consensus of Council, to come back with what other communities adopt as regulations and a classification of obstructive things that could be allowed in the swale area. SPECIAL PRESENTATIONS: There were no special presentations. Mayor Festa requested to hear Item 7A3, at, this time. There was no; objection to the request. 9. ORDINANCES: The Deputy clerk read 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 CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 "WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT, AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN 5of9 November 18, 1997 APPROVAL AFTER PUBLIC HEARING; PROVIDING FOR REZONING OF CERTAIN LAND FROM COUNTY ZONING DISTRICT, BY REZONING PARCEL AT 180 HARBOR DRIVE FROM COUNTY RU -3M ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING A VACANT PARCEL LYING IMMEDIATELY TO THE, SOUTHWEST FROM COUNTY RU -I ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT; PROVIDING FOR REVISION OF ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. The Attorney ad the proposed ort sled the Council regarding a letter from Greenberg and Traurig in reference to ante. CounciIincmber`Padovan offered a technical correction regarding the letter discussed. The letter from Greenberg and Traurig (copy attached to the minutes for the record) indicates the wrong address for the Beach.Club. The Beach Club address written on the letter is 180 harbor Drive (this adielress belongs to the Yacht'01tib), the correct address is 685 Ocean Drive. The Mayor opened the public hearing. William Cote, 580 Femwood Road, addressed the Council as the President of the Beach Club. The Mayor closed the public hearing. Mayor Festa made a motion to adapt the ordinance. The motion was seconded by Councilmember Fried and adopted by a 7-0 roll "call vote. The vote was as follows: Councilmembers Broucek, Han; O'Reilly, Sime, Padavan, Vice Mayor Fried and Mayor Festa voting Yes. The Deputy Clerk read the following ordinance; on second reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE NO. 97-2 CONCERNING THE USE OF GOLF CARTS; TO AMEND SECTION 2 ",DEFINITIONS" OF' ORDINANCE 97-2 BY AMENDING PARAGRAPH (A) "DESIGNATEDSTREETS" TO DELETE THE EXCEPTION OF HARBOR DRIVE FROM THE STREETDESIGNATED FOR GOLF CART USAGE; AND AMENDING SECTION 4 "PROHIBITED USE" OF ORDINANCE 97-2 BY REVISING PARAGRAPH (E) SO AS TO REMOVE HARBOR DRIVE FROM THE AREA OF PROHIBITED USE OF GOLF CARTS AND TO ENABLE LIMITED USE OF GOLF CARTS UPON CRANDON BOULEVARD; ENABLING GOLF CARTS TO BE UTILIZED UPON HARBORDRIVE UPON THE SAME BASIS AS UTILIZED ON OTHER DESIGNATED STREETS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. • The Mayor opened the public hearing. James Taintor, 355 Harbor Drive, addressed the Council. The Mayor closed the public hearing. 6 of 9 November 18, 1997 There was extensive discussion from Council regarding the proposed ordinance. Councilmember Fried made a motion to adopt the ordinance. The motion was seconded by Mayor Festa and adopted 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. The Deputy Clerk read the following ordinance, on second reading, by title: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" BY CREATING SECTION 2-71 "FIRE RESCUE TRANSPORT FEE", TO PROVIDE FOR FEE TO BE IMPOSED FOR FIRE RESCUE TRANSPORT SERVICE PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE DEPARTMENT; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. James Taintor, 355 Harbor Drive addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council and Village attorney regarding the proposed ordinance. Vice Mayor Fried made a motion to adopt the ordinance. 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, Vice Mayor Fried and Mayor Festa voting Yes. Councilmembers Broucek, Han, Padovan and Sime votrng No Village Manager. The Manager informed the Council of two resignations in the Finance Department, one of the part time assistant and the other of the Finance Director. The issue before the Council is to approve the creation of a new full time position, the administrative assistant to the Finance Director. The newly created full time position recommends for the transfer of Carolyn Greaves from the Police Department with a new salary step plan. The Finance Director's position will be advertised. There was extensive discussion from Council regarding this issue. Councilmember Padovan made a motion to adopt the salary step plan and to create the new position. The motion was seconded by Vice Mayor Fried and approved by a 5-2 roll call vote. The vote was as follows: Councilmember Broucek, O'Reilly, Padovan, Sime, and Vice Mayor Fried voting Yes. Councilmember Han and Mayor Festa voting No. The Manager explained that the 1997 Sanitary Sewer Construction Program included in the agenda was placed in anticipation to the Sanitary Sewer Hearing held on Monday, November 17, 1997. The Manager further indicated that he had the opportunity to speak to the State Representatives and that they were very pleased with the hearing. The Mayor asked the Manager to come back at the next 7,of 9 November 18, 1997 Council meeting, on December 9, 1997, with an estimateon how much it will cost to proceed with plans and specifications, recommendations on how to pay for it and updates from the Department of Health. The Mayor suggested that a schedule for the referendum be placed in the next agenda. The Manager indicated that the Village's next major decision is to authorize the engineer contractor proceed with the final plans and speeifieations. before or after a referendum.. Councilmember Han asked consensus from Council to look into the current code requirements for septic tanks form the health department and to give voters a clear message. There was extensive discussion from Council regarding this iss The Mayor instructed staff to provide West Mashta and Fernwood residents with whatever legal information there is available, if they decide'to proceed on their own, by the next Council meeting: ,At this time the Manager asked Council to consider the folio w'lag ,resolution regarding a sewer agreement for the Village Green RESOLUTIONS: The deputy clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SEWER AGREEMENT FOR VILLAGE GREEN PARK ID#14883 WITH MIAMI-DADE WATER AND SEWER DEPARTMENT; PROVIDING FOR AN EFFEG'I'1VE DATE. Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice voter The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. There was extensluediscussion from Council on this issue. The Manager presented to the Council the 1997-1998 Community Assistance Grant Program. Chilton Harper, Rotary Club, Art Festival Chairperson addressed the Council; Bob Brooks, 95 West McIntyre Street addressed the Council: There was extensive discussion from Council regardingthis issue. The Village Attorney requested from Council to bring back the appropriate way in which the Village should proceed, so it not in the form of a grant or a charitable contribution. It wasthe consensus of Council to take up this item at the next Council meeting of December the 9th, 1997. 8 of9 November 18, 1997 At this time, the Manager presented to Council a proposal from St. Agnes Church requesting permission to place a Nativity Scene on the Village Green. Councilmember Padovan made a motion to approve the request. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Testa voting Yes. The following items were submitted to the Council: the October 1997 Key Biscayne Chamber of Commerce monthly report; letter to Village Manager from Alex Cordo, 230 Cranwood Drive, regarding flooding problem dated October 28, 1997; letter to James D. Leone, Jr., Chief, Highway Division from Chief Flaherty regarding a request for new signs, dated November 4, 1997; minutes from the Board of Trustees Police Officers and Firefighters Retirement Plan. Mayor Festa requested that items not heard at this meeting to be placed at the next Council agenda of December 9, 1997. 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 public. 14. ADJOURNMENT: The meeting adjourned at 10:45 p.m. Respectfully submitted: Vivien Maud eputy Village Clerk Approved this 27th day of January , 1998: Festa 0 IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAYNEED 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. 9of9 MINUIES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 9, 1997 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: Reverend Pat Arnold from the Key Biscayne Presbyterian Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES:The minutes of the November 17, 1997 Public Hearing on the Proposed Sanitary Sewer Construction Program were approved by unanimous consent. 5. AGENDA: The clerk brought to the attention of the Council that Item 10B2 under the attorney's report should read January 13, 1998 and Item 10D4 under the manager's report should read banners; the Mayor requested that Item I0D3 be heard after the resolutions with a time certain of 830 p.m. for that item; Councilmember O'Reilly requested that Item 10D7, under the manager's request, read as Rotary Club Request; the Manager requested the withdrawal of Item 9B; Councilmember Sane requested the deferral of Item 10A2. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Mr. Howard Garrett, Coordinator of the Lolita Project for PAWSE of Seattle, Washington gave a special presentation regarding the Miami Seaquarium and killer whale, Lolita. 7. PUBLIC COMMENTS: James Smith, on behalf of the Apostolic Evangelist Association, Inc., presented a plaque to the Mayor, Manager, Chief of Police and Lt. McElhaney in appreciation for their support; Adrian, 200 Galen Drive and Julie Alvarez, 234 Sea View Drive I of December 9, 1997 ORDINANCES: There were no ordinances considered by Council. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF JORGE MAS CANOSA, CHAIRMAN OF THE BOARD OF DIRECTORS OF THE CUBAN AMERICAN NATIONAL FOUNDATION; AND PROVIDING FOR AN EFFECTIVE DATE. CouncilmemberBroucek made a motion to adopt the resolution. The motion wasseconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Ilan, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayer Festa voting Yes. Clara Maria del Vale, on behalf of the Cuban American National Foundation and Teresita Carnbo, on behalf of the Mas Canora family addressed the Council thanking them for the resolution.` 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 COASTAL. SYSTEMS INTERNATIONAL, INC. CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES IN MONITORING FILL QUANTITIES AND QUALITY FROM THE CAPE FLORIDA WETLAND RESTORATION PROJECT FOR THE PURPOSES OF ELEVATING THE VILLAGE BEACH PARK ANI) PERFORMING A MINOR BEACH FILL OPERATION; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to adopt the resolution. The motion was seconded by CouncilmemberSimeand approved` by a 7-0 voiee vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, SUM; Vice Mayor Fried and Mayor Festa voting Yes. Jacqueline de Leon, 650 Ocean Drive addressed the Co The Manager addressed the Council regarding 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 AN AMENDMENT TO THE INTERLOCAL AGREEMENT, ATTACHED AND, MARKED. AS ATTACHMENT B, ON BEHALF OF THE VILLAGE. WITH MIAMI-DADE COUNTY, FLORIDA, FOR THE EXCAVATION AND 2 of 8 December 9, 1997 RECEIPT "OF CAPE FLORIDA STATE RECREATION AREA WETLAND RESTORATION FILL MATERIAL, PREVIOUSLY AUTHORIZED BY RESOLUTION 97- 52; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. Councilmember O'Reilly 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 Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, ATTACHED AND MARKED AS ATTACHMENT B, ON BEHALF OF THE VILLAGE WITH OCEAN CLUB DEVELOPMENT, INC., KEY BISCAYNE, FLORIDA, FOR FUNDING OF THE EXCAVATION AND RECEIPT OF CAPE FLORIDA STATE RECREATION AREA WETLAND RESTORATION FILL MATERIAL, PREVIOUSLY AUTHORIZED BY RESOLUTION 97-51; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to adopt the resolution. The motion was seconded by Councihnember 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; ENDORSING THE PROPOSED HUMAN RIGHTS AMENDMENT TO THE MIAMI DADE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Padovan made a motion to adopt the resolution. The motion was seconded by Mayor Festaand 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. At this time the Mayor addressed the Council and the public regarding the projected assessments for Sanitary Sewer and financing plans (attached for the record). The Attorney addressed the Council regarding the referendum issue and was directed to look into who would vote in the referendum.. There was extensive discussion from Council on this issue. 3 of 8 December 9, 1997 Sam Davitian, 720 Myrtlewood Lane, Wendy Johannsen, 212 W. Mashta Drive; Matthew `Dandah, 740 Myrtlewood Lane; Jim Haney, 472 Glenridge Road; Mark Maroone, 100 S. 'Biscayne Boulevard, representing Luis Robles, 22 Harbor Point; Haydee Archibald, 8&1 Ocean Drive; Doug Biggers, 526 Allendale Road; Ward Rathbone, 275 W. Mashta Drive; Jim Newald,.,755 Allendale Road; Carol Mullen O'Leary; 444 Fernwood Road; Gloria. Rodriguez, 701 Harbor Drive addressed the Council.; Mayor Festa made a notion to reconfirm the commitment of the referendum and to include a statement that guarantees that if the project exceeds the cost of$ 6,2 million by more than I0%,there, will be an automatic requirement to go to assecond referendum. Councilmember O'Reilly seconded the motion. Councilmember Padovan made an amending motion stating that if the referendum does not pass, the Inge can assists .iin some war the owners that might' have a problem. The motion died for lack ofa�second; " Councilinember Ilan madean amending motion to have the ballots marked by folio number and/or address. Vie motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was. as follows: Councilrnetnbcrs Broucek, Han, O'Reilly, Padovan, Sirne.Vice Mayor Fried and Mayor Festa voting Ties Vice Mayor Fried suggested that two weeks prior to the vote information should go out by mail and one week before the vote hold a Town Meeting in order thatfthe.affectedresidents be well informed, Councilmember O'Reilly made an amending motion to hold the referendum at the earliest feasible date. 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 Testa voting Yes. The main motion as amended was 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. Wendy Johannsen, 212 W. Mashta Drive addressed the Council. Councilmember Padovan requested to hear at this time Items 10D1, 10D4 and 10D7. There was no objection to the request. At this time Nelson Slosbergas, 699 Glenridge Road, addressed the Council requesting permission to install a Menorah on the Green. The request was approved by unanimous consent. 4of8 December 9, 1997 Mayor Festa made a motion to approve the request from the Rotary Club to install banners during the 34th Annual Key Biscayne Art Festival. 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. Chilton Harper, 150 Ocean Lane Drive addressed the Council regarding the Art Festival. Police Chief, Michael J. Flaherty, addressed the Council regarding the parking issue during this event. Councilmember Han made a motion to enforce no -parking on sidewalks for the Art Festival and take the necessary steps to prevent people from parking there. The motion died for lack of a second. At this point Mayor Festa made a motion to approve items 1 thru 4 from the Rotary Club request for the 34th Annual Art Festival. The motion was seconded by Councilmember O'Reilly. (Request attached for the record). Councilmember Han made an amending motion to add items 5 and 6. The motion was seconded by Councilmember Sime. Councilmember Broucek made an amending motion to approve the entire request. The motion was seconded by Councilmember Sime and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Broucek, Padovan, Sime and Vice Mayor Fried voting Yes. Councihnembers Han, O'Reilly and Mayor Festa voting No. 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 Han made a motion to hear the Manager's report at 10:15 p.m. instead of 10:00 p.m. Mayor Festa seconded the motion and it failed by a 3-4 voice vote. The vote was as follows: Councilmembers Fried, Han and Sime voting Yes. Councilmembers Broucek, O'Reilly, Padovan and Mayor Festa voting No. Mayor Festa made a motion to hear Item 10A3 at this time. 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. At this time Councilmember Padovan requested approval to send a letter to the Dade County Public Schools acknowledging the purchase of computers as per the agreement. Mayor Festa made a recommendation to include in the letter the following statement: to keep us informed on how they December 9, 1997 spend the 57% matching finds and that the equipment purchased conforms with the goal of the Village and the Key Biscayne Technology Trust Foundation towards the ratio of 4 to 1 as stated in the apreemenf. The letterwas approved byu unanimous consent.: Carol Mullen O'Leary, 444 Fernwood Road addressed the Council. Councilmember Broucek addressed the Council regarding the Village Green Gazebo and the bus shelters. The Manager addressed the Council regarding this issue. Mayor Festamade,a mtotion to hear the Attorney's report at this time. The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: ,Caunciltriembers Broucek, Flan; © 11y,.Padovan, Sime, Vice Mayer Fried and Mayor Festa vati Village Attorney. The Attorney, addressed the Council with a request for Wednesday, December 10, 1997 at 6:00 P.M. The request was approved by unarmc The attorney addressed the issue of changing the speed limits on the Village. Village. Manager. The Manager requested a motion to award a vehicle contract for the Police Department for three vehicles for a total of $60,612450, Councilmember O'Reilly made a motion to approve the contract. The motion was secondedcby Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers'Broucek, Han, O'Reilly, Padova', Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Manager presented to Council a revised list of the 1997 Goals and Objectives Council assignment. The Manager presented to Council a request for additional staff to the Building, Zoning and Planning Department. The new positions would be a full-time Permit Clerk, a Building Assistant and a Community Assistant. The following existing positions would have to be filled due to vacancy: Receptionist, Code Enforcement Officer and Special Inspector. Vice Mayor Fried made a motion to approve the Building, Zoning and Planning Department's proposed re -organization plan. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly; Padovan, Sime end. Vice Mayor Fried voting Yes. Mayor Festa voting No. The Manager reported that no progress has been made on the proposed acquisition of the SunTrust property. The bidding process is being delayed due to the planning of their new building. Mayor Festa requested that this item be brought back at the next Council meeting. 6of8 December 9, 1997 The Manager reported that at the direction of Council he contacted two lobbyists primarily for the purpose of obtaining funding for Beach Nourishment. The manager contacted Mr. Ron Book and Mr. Russ Marchner. The Attorney addressed the Council on this issue. The Manager was directed to have Mr. Book and Mr. Marchner invited to a Special Council meeting to be held before the end of the year. The following items were submitted to the Council: The monthly departmental reports (November); Metropolitan Dade County Quality Control Board Report, Order No. 97-49, June 12, 1997; Board of Trustees, Police Officers and Firefighters Retirement Plan Membership; letter to Richard J. Weiss, Esq. from Jonathan 11. Green, Jonathan I3. Green -8c Associates regarding proposed Village of Key Biscayne Police and Firefighters Pension Plan, dated November 4, 1997; letter to residents that have complied with the line -of -sight compliance requirement; 1998 proposed Council meeting schedule. Mayor Festa discussed, at this point, the employee policies and procedures, hiring practices and training that are in place. The Manager addressed the Council on this issue. There was extensive discussion from Council on this issue. The Manager was directed to come back to the next Council meeting with some ideas regarding this issue: Councilmember Broucek made a motion to have a workshop or special meeting to discuss hiring procedures. The motion died for lack of a second. The Attorney addressed the Council regarding this issue. Village Clerk. The Clerk reported that the Office of the Mayor had issued a proclamation to Barbara Savage during the month of November. The Clerk submitted the following item for information: letter to Mayor Festa and Village Council from Councilmember Ken Cohen, City of Aventura regarding the Village's Town Meeting, dated November 24, 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 11:00 p.m. 7of8 December 9, 1997 Respectfully submitted: /Sel Alvarez, Vi age Clerk Approved tlis 13th day of January, 1998 IFAPER, ONDECIDES' TOAPPEAL ANYDECISION MADE BYTHE VII LAGECOUNCIL WITHRESPECT TO ANY MATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON` WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MA'Y NEED TO ENSURE T71AT 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 4/ V4/13( 10:20 FAA 3U5 4411544 C&SErsRNITACUR44S3 1951494S OFFICERS: RICHARD P. Mt4UI. hoiden CUMIN HARPER and 195RAn ra:.u°Varna GERRYWa1JAMS Smcaly STEVEErrtn 1En{ Mann STEVE STERN sawnr.A-Anse AVENUE OF SERVICE DIRECTORS: LEESO(MACH1TNBERG Pin;twf 01 Oa Service ANNE TRAM DeewratM aIi u4S vise ERIK USING DiAoeot rCommurvn&uice PETER PESSOA Manx ormmnaalonalSoviet BOARDOF DIRECTORS JULIAN GO DSiEIN LEEA. NTULOCE ROBERTBROOKES CARL Cant CARRERA/AIADOR "Service Above Self— One Profits Mast Who Serves Best» ROTARY CLUB OF KEY BISCAYNE P.O. Box 490174, Key Biscayne, FL 33149, U.S.A. December 3, 1997 Telephone:: (305) 361.6347 or 361-9426 Fax: (305) 361-6347 a TO: The Mayor mail: gjw@bellsouth.net The Village Council Members The City Manager Village of Key Biscayne FROM: Chilton E. Harper, Chairperson 34th Annual Key Biscayne Art Festival Pursuant to the presentation which Bob Brookes and 1 gave to the Village Council on November 18, I am pleased to list for you the following prices of the logistics services which the Council is considering to support for the January 24-5, 1998 event. With no tax to be paid, they are: - 1. Police security & vehicles 3 PM on 1/23198 to 8 PM on 1/25/98 Street barricades for traffic control & public safety 3. Portable toilets for regular & handicapped use 4. Trash removal for public sanitation 5. Tents for visitors Sc. artists to eat & relax, & for reception area for guests & artists 6. Chaise & tables for visitors & artists to eat & relax, & for reception area for guests & artists 7. Tower lighting in central food court area for security & for Saturday PM event TOTAL (Note — backup invoices are available) Th you,. Chilton Harper "Show Rotary Cares" 51,616.50 270.00 748.00 325.00 485.00 274.85 495.00 $4,214.35 &J 001 PROJECTED ASSESSMENTS FOR SANITARY SEWER & FINANCING: PLANS Item 1. Pre -construction costs $ 723,762 per property (706) $ 1,025 Item 2. Post Allowance Projected Costs $7,019,919 per property (706) $ 9,943 TOTAL COST PER PROPERTY $ 10968 Note: This is the estimated amount of the fidl cost of the project for the installation of the sanitary sewer system, if paid in full at the time of assessment following completion of the main sewer line made available for connection FINANCING OPTIONS 1. Within the fast year, after assecsment, those property owners who choose to, may begin payments, including interest, for twenty years, at aannual fixed amount of $704.85, totaling $14,097; or 2. those property owners may elect to pay in fill at the time of connection. For example, after five years the payment would be $12,40925, at ten years the payment would be $14,039.97 and after fifteen years the payment would be $15,884.93. ADDTIONAL INFORMATION 1. Village residents will have 10 years to connect to the sanitary sewer unless: a) Failure of a property's existing septic tack system Demos; or b) Improvements or repairs to a property'exmtris 50% of building value; or c) A change in property ownership occurs; or d) Possible 5 year additional extension is grant& One time additional cost to residents by County to connect to the systems based on County 1997 fees. follows: a) $ 1,950 - To abandon septic tank and install service lateral b) $ 50 - Permit fee c) $ 2,000 - Miami Dade Water & Sewer Department connection fee 3. The estimated annuli Miami Dade Water & Sewer. Department (WASD) wastewater disposal rate (sewer cost) is $600/year. The more water consumed the greater the sewer cost Generally sewer charge is 1.8 times the water bill. Additional installation of water meters for sprinklers and pools would reduce the total water bill; since only the water entering the sewer system has an additional charge. (See table below) Water Usage - Monthly Water Bill - Monthly Dry Season—Si Wet Season (Nov 1- April 30) (May 1- Oct. 31) Wastewater Disposal Cost -Monthly 1,500 cu. ft ` $ 18.89 1.79* $ 16.42 .2.06* $ 33.76 3,000 cu. ft. $ 39.67 L67* $ 34.49 - 1.92* ;$ 66.36 4,500 cu. ft. $ 63.10 1.56* $ 54.85 1.80* $'98.96' *Ratio - wastewater disposal cost:water cost Source of information for table: Miami -Dade Water and Sewer Department Schedule of Charges,` Retail ..Customers -Effective October 1, 1997 MIAMI DA»E WATER AND SEWER DEPARTMENT SCHEDULE OF CHARGES RETAIL_CUST4MERS WATER: EFFECTWE' October 1, 1997 Rates for Wet Season (May 1-19.0Q10.11a 31S1113u*) Monthlylifefine (First 500 cit. ft" or 3,150 gallons) :. '. ... .... • Quarterly lifeline (First 1,500 cu. ft. or 11,230 gallons) , . • . .. . . .:........ ........... Water customer using over lifeline: All moutblyusage per 100, cubic feet(ccf): 0 to 5 cc fs. 6 to l l ccf`s .12 to 14 eels • 15 to 17ccfs............... .: Ali tnonthly usage per 000 gallons: 0 to 3,750 gallons 51.4599 3;111 to`8,230gai/ons .... :. , .... 4 .. ...... . ... . ..:.. . _ $1.6039 8,251 to 10,500 gallons $1.7986 10,50I to 12,150 gallons .:::'....:..:' .... . .. :._ .. _ ::.. , . _ .. . s .. . .. . ....... ... $2.0504 12,751 gallons and over _ ............... ............ ...... $2.37$5 5.02.. .'$ 13.06 All quarterly usageper 100, cubic tea (ccf}: • 0 to 'Seers_ 16to33ccfs .....:...:..........a,,. 34 to 42 toes.....,... .. • • ... ._ •..•,• 43to51=es 52 reft and over All quarterly usage pet 1,000 gallons Oro 11,250gallons .........•,_-.,..... _.:., ....... 51.4599 11,251 to 24,750 gallons $1:6054 24,751. to 31,500 gallons SI 7986 31,501 to 38,250 gallons............ .... . .... . ._ .._ . ... ,. , . .... . . 52:0504 $2.3785 $1.0949 51.2044 51.3490 513378 .. , ... , $1.7839 51.0949 .... $12044 ... $1.3490 $15378 $13839 38,25.1 gallons andpver .. _ . . . . -............ NOTE: 100 cubic. feet (Cu. 9:) equals approximaretp 750 gallons. CR3UTATESSTA.RPT CORRECito1039) Jtates for Dry 5eoason (November 1 to April 30 Annually) A 15%cause vatioa surcharge imposed on water consumption, except for monthly/quarterly lifeline bills which will have a 5% surcharge imposed. Monthly lifeline (First 500 cu. R. or 3,750: gallons) quarterly lifeline (First 1,500 cu. 8. or 11,250 gallons) $ 15.81 Water customer using over lifelines $ 527 All monthly usage per 100 cubic feet (ccf) 0 toy ccfs $.2592 6 to 11 eel's. $1.3851 12 to 14 cots $1.5513 15 to 17 cots $1.7685 18 refs and overt $2.0514 All monthly usage per 1,000 gallons: 0 to3,750gallons $1.6789 3,751 to 8,7.50 gallons $1.8468 8,251 to 10,500 gallons $2.0684 10,501 to 12,750gallons $2.3580 12,751 gallons and over $2.7353 All quarterly usage per 100 cubic feet (eel): 0 to 15 ccfs $1.2592 16 to 33 eel's $1.3851 34 to 42 ccfs 51.5513 43 to 51 ccfs 513685 52 ccfs and over $2.0514 All quarterly usage. per 1,000 gallons: 0 to 11,250 gallons 11,251 to 24,750 gallons 24,751 to 31,500 gallons .... _ _ . . . . 31,501 to 38,250 gallons 38,251 gallons and over $1.6789 51.8468 $2.0684 NOTE: 100 cubic jeer (Cu. Et.) equals approximately 750 gallons. $2.7353 CR3tRATESSMRPT cOn cte, 1013(97 - 12 . WASTEWATER DISPOSAL: EFFECTIVE: October 1,1997 Monthly bast fee (No gallonage disposal) $ 12.12 Quarterly base fee Flow rate all usage: All monthly usage per 100 cubic feet (ern 0 — 5 ccfs $1A4429 6 -20,000 ccfs. $2.1733 20,001 (refs and ova All monthly usage per 1,000 gallons: $23689 O —3,750 gallons ........ . ................ $1:9238 3,751-15,000,000 $2.$971 15,000,001 gallons and 'over $3.1585 All quarterly usage per 100 cubic feet (ref): 0-15cots. 16 =-60,000 ccfs . $1:4429 $2.1733, 60,001 ccfs and over $2.3689; All quarterly usage per 1,000 gallons: 0 —11,250 gallons 11,251 -45,000,000 ..::.... _ :...:. $2.8977 45,000,001 gallons and over . $3.1585 NOTE: 100 cubic feet (Cu. R) equals approximately 750 gallons. . $1.9238 For customers using an approved graywater disposal system: Customers who utilize an approved graywaterdisposal system and install a sub -meter to measure ward( enteringthc property which utilizes the graywater disposal system will not be charged wastewater disposal for usage measured on the sub -meter. CR3%RATESSTR.RPT COaneCTEO IW3S) -13- h/h '1 10hii 'ari h,,:,f , 1r.r, •r .,. MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 16, 1997 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 8:05 a.m. Present were Councilmembers Martha Broucek, Michele Padovan, Betty Sime, Gregory Han and Mayor John Festa. Vice Mayor Mortimer Fried and Counciimember Hugh O'Reilly were absent. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Vivien Mauri and Village Attorney David Wolpin, 2. PLEDGE OF ALLEGIANCE: mayor Festa led the Pledge of Allegiance. 3 APPROVAL OF MINUTES: there were no minutes submitted for approval of Council. 4. AGENDA: there were no changes made to the agenda. 5. 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, Mr. Robert L. Book, P.A. At this time, Council proceeded to interview Mr. Book. The Council proceeded to call upon the second candidate for interview. The second candidate for professional lobbyist, Mr. Russ Marchner was interviewed by the Council and following the interviews, Council briefly discussed the candidates. James DeCocq, Assistant to the Village Manager, addressed the Council regarding his conversation with Ms. Debbie Flack from the Florida Shore & Coast Beach Preservation; Sandra Goldstein, Village Beach Resource Volunteer, addressed the Council regarding the crucialness of the beach renourishment project and her recommendation for the Village to hire a lobbyist. There was extensive discussion from Council regarding the hiring of a professional lobbyist. Page 1 of 2 December 16, 1997 The Village Manager made recommendations as to how Council may proceed in order to hire a lobbyist. The recommended steps to follow would be for Council to authorize the contract. and charge it to the 1997 fiscal year surplus fund through a motion or resolution. Couneiimember Han made a motion to vote for the appointment of Mr. Robert L. Book and to place contract on the next Council agenda. The motion was seconded by Mayor Festa and approved a 5-0 voice vote, The vote was as follows: Codnciimembers Broucek, Han, Padavan, Sime, and Mayor Festa voting Yes. The Manager and Council drafted the following list of priorities for Mr. Book to consider: beach renourishment, sewage, Virginia Key, Police/Fire Pension Plan, aircraft noise, Rickenbacker Funding, future underground wiring. Council directed the Manager to forward Mr. Book a copy of the budget and of the Council's goals and objectives. t, ADJOURNMENT: The meeting was adjourned at Respectfully submitted: Vivien it Deputy Villryfe Clerk Approved by the Village Council thisS day of January ,1998: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY:TWITTER 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. Page 2 of 2 MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE TUESDAY, JUNE 24, 1997 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Chairman at 6:00 p.m. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Chairman Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Councilmember Christina Reed was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Stephen Helfinan. 2. PLEDGE OF ALLEGIANCE: Chairman Sime led the Pledge of Allegiance 3. APPROVAL OF MINUTES: There were no minutes submitted for the Local Planning Agency's consideration. 4. AGENDA: There were no changes made to the agenda. 5. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOMMENDING THE APPROVAL OF A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. Raul Lastra, Village Planner addressed the Council and the public on this issue. 1 oft June 24, 1997 Ray Herrera, 310 Femwood Road; Guy Smith, 701 Femwood Road addressed the Council. The Clerk read into the record a memorandum from Bill Ofgant, 512 Fernwood Road in favor of the resolution. Raul Lastra, Village Planner read into the record the concerns and issues brought to the attention of the Village at the Fernwood Road Public Workshop held on Thursday, May 8, 1997 at 7:00 p.m. Councilmember O'Reilly made a motion to approve the resolution. The motion was seconded by Wee Mayor Padovan and approved by a 6-0 roll call' vote. The vote was as follows; Councilmembers Fried, Han, O'Reilly, Vice Mayor Padevan, Mayor Festa and Chanu an Sitne voting Yes. Stephen J. Helfman, Village Attorney addressed the Council and the public on this,issue. 6. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 7. ADJOURNMENT: The meeting was adjourned at 6:20 p m fully submitted: 1GC Conchita H. Alvarez, Village Clef Approved this ist day of July , 1997 r, 'o Betty Sim& Chairman IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY 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 INCLUDESTHE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 24, 1997 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 Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa. Councilmember Christina Reed was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Stephen J. Hellman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF IVHNUTES: The minutes of the Regular Council Meeting of June 10, 1997, were approved by unanimous consent. 4. AGENDA: The following changes were made to the agenda: Councilmember Han requested the addition of a brief report regarding the Beach Park as Item 9A6; Vice Mayor Padovan requested the addition of a letter from County Commissioner Katy Sorenson regarding Revenue Sharing as Item 9A7 Mayor Festa requested the addition of a letter from a resident under Item 10. 5. SPECIAL PRESENTATIONS: Nancy Lee, 12900 Oleander Road, North Miami and Adam Lock, 2170 S.W. 20th Street, Miami addressed the Council regarding the development of Virginia Key. Councilmember Sime addressed the Council and the public on this issue. Martha Broucek, 170 Ocean Lane Drive addressed the Council. Councilmember Sime made a motion requesting that the Attorney draft a resolution to be presented at the next Council meeting requesting that Dade County not entertain releasing any deed restrictions on Virginia Key. Councilmember O'Reilly seconded the motion and it was approved by a 6-0 voice I of vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELSOF REAL PROPERTY LOCATED ON FERNWOOD ROAD; PROVIDING FOR AN EFFECTIVE DATP. The Mayor opened the public hearing. Carl Wright, 735 Fernwood Road; Kathleen Singer, 745 Femwood Road; Guy Smith, 701 1;emwood Road; Jay Swindall,west side Fernwood Road addressed the Council. The Mayor closed the public hearing. The Attorney addressed the Council and the public on this issue. Vice Mayor Padovan made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Sime and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING DIVISION 2 "PURCHASING" OF ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING SECTION 2-87 "EXEMPTIONS FROM COMPETITIVE BIDDING" AND CREATING SECTION 2-88 "DESIGN -BUILD CONTRACTS" TO PROVIDE, PURCHASING PROCEDURE FOR DESIGN -BUILD CONTRACTS" AWARDED PURSUANT TO SECTION 287.055, FLORIDA STATUTES. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The Manager addressed the Council regarding this ordinance. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Vice Mayor Padovan and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes: 2 of 7 June 24, 1997 The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A" ; PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Vice Mayor Padovan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried and adopted by 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. RESOLUTIONS: The 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 97-3, ON THE SAME SUBJECT MATTER; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The motion was seconded by Vice Mayor Padovan. Councilmember O'Reilly made an amending motion to Item 3 by striking the word with -and adding the word unanimous and striking the second sentence. The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE CHIEF OF POLICE OF THE VILLAGE OF KEY BISCAYNE TO EXECUTE THE ATTACHED MUTUAL AID AGREEMENT ON BEHALF OF THE VILLAGE WITH THE DADE COUNTY SCHOOL BOARD; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice ,vote. The vote was as follows: 3of7 June 24, 1997 Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 8. PUBLIC HEARINGS: All witness giving testimony in the following zoning hearings were sworn in by the Clerk. Hearing Number 97 -0624 -VC -01. Dial Call, Inc. D/B/A/ Nextel Communications, 210 Seaview Drive, the applicant, pursuant to Section 33-13 of the Metro -Dade County Zoning Code, is requesting an: approval of an unusual' use to place telecommunication antennas on the rooftop of Cape Florida Club Condominium. John Little, Director of Building, Zoning and Planning addressed the Council stating his recommendation of denial of request without prejudice The Mayor opened the public hearing. Alan Gabriel, 2455 Sunrise Boulevard, Ft. Lauderdale, representing the applicant and Jim O'Neill, 210 Seaview Drive, representing the condominium, addressed the Council. The Mayor closed the public hearing. Vice Mayor Padovan made a motion amending' the maximum height of the antennae to be 12.58 feet above the top of the penthouse and that no cable mounting be on the outside of the building. The motion was seconded by'Councilmember O'Reilly and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa. voting Yes ' Coln/till-heather Sime voting No. Hearing Number 97 -0624 -VC -02. Winne Marchisello Pritchett, 250 Buttonwood Drive, the applicant requested 1,) a non-use variance of fifteen -foot rear setback requirement to allow seven and a half foot (7.5') rear setback from the proposed addition to the rear property line of the subject property and 2.) a non-use variance of seven and a half foot interior side setback requirement to allow seven point two seven foot (7.27) interior side setback from the existing principal building to the interior side property line of the subject property. John Little, Director of Building Zoning and Planning addressed the Council stating his recommendations of denial of first request and approval of the second request. The Mayor opened the public hearing. Bill McCaughn representing the applicant, Winnie Marchisello Pritchett, 250 Buttonwood Drive; Fred Baer, 288 Buttonwood Drive; Deborah de Leon, 100 Buttonwood Drive, addressed the Council.` The Mayor closed the public hearing. Councilmember Fried made a motion to approve staffs recommendation to deny the first variance and approve the second variance. The motion was seconded by Councilrrrember O'Reilly and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes. 4of7 June 24, 1997 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Festa addressed the Council recommending the reappointment of Dennis O'Hara for the Office of Special Master. Mr. O'Hara was reappointed by unanimous consent. The Manager presented to the Council a project list of Goals and Objectives adopted at a Council Meeting held on April 1, 1997. The list consisted on several specific goals that several of the Councilmembers adopted and will follow progress of throughout the year. Vice Mayor Padovan requested the addition of beautification of Crandon Boulevard under her name: Councilmember Sime requested the addition of street signs and village character street lights under her name. The Manager was directed to present some preliminary ideas at a future Council meeting for sidewalks on West Wood and West Heather. Mayor Festa gave a brief report on the Environmental Quality Control Board Hearing held June 12, 1997 stating that the Village was able to get 10 years with the option of 5 extra years. Vice Mayor Padovan reported that the Dade County Public School Board had unanimously accepted. the $75,000 grant agreement between the Key Biscayne Technology Trust Foundation, the Dade County Public School Board and the Village of Key Biscayne. Councilmember Sime announced that there will be a Dune Planting program on Saturday, June 28, 1997 at 8:00 a.m. and the group will meet at the Sands. The Mayor and Commissioner Jimmy Morales will be attending. Councilmember Sime also announced that a meeting will be held this Thursday, June 26 at 9:00 a.m. in the Council Chamber with Paul C. Linn, Coastal Engineer, regarding the Long Range Beach Renourishment Plan, to answer any questions on the plan. On October 4, 1997, the Chamber of Commerce, together with the volunteers from the Lipton, are planning a planting. A workshop is also planned for October 7, 1997. Councilmember Han gave a brief update report on the Beach Park. Mayor Festa announced that there will be a meeting of the Metro -Dade County Revenue Sharing Task Force tomorrow night, June 25, 1997 at 7:00 p.m. at the South Dade Regional Library Auditorium, 10750 S.W. 211 Street, Miami. The Mayor will be attending this meeting and any residents that would like to attend are more than welcome to do so. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager addressed the Council recommending the appointment of the firm 5of7 June 24, 1997 Rachlin Cohen & Holtz as Auditors for Fiscal Years 1997-1999. There was some discussion from Council on this issue. Pi Councilmember Sirne made a motion to approve the appointment of Rachhn Cohen & Holtz as the Village auditors. Councilmember Han seconded the motion and it was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes: Councilrnember O'Reilly voting No Martha groucek, 170 Ocean Lane Drive; ScottBass, 303 Galen Drive; Heidi Archibald, 881 Ocean Drive addressed the Council. The Manager presented to Council a request from Greenwood Drive residents requesting to be included in the Stormwater Construction Program. The plan is to extend the service to Greenwood Drive and the cost for this will be an additional $56,000. The Mayor read into the record a letter from one of our residents complaining that the Village does not have enough cable channels. The Manager was directed to get in touch with Adelphia Cable and find out what they are telling the residents. The following information items were submitted to the Council: Key Biscayne Floodplain Management Plan, Project progress report; Memorandum from the Key Biscayne Chamber of Commerce regarding the Noise Ordinance Committee, dated May 23, 1997; letter to Village Manager from'Mary. Ann Lee, Community Assistance Consultant, Bureau of Design and Recreation Services regarding Grant of $100,000 for the Village Green, dated June 6, 1997; Aviation Noise Monitor. 10. OTHER BUSINESS/GENERAL DISCUSSION: The Clerk rearl a letter addressed to the Council for Mr. E. Benet, dated June 22, 1997. The Attorney was directed by Council consensus to look into the allegations mentioned in this letter. Scott Bass, 303 Galen Drive addressed the Council. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 12. ADJOURNMENT: The meeting was adjourned at 10:20 pin. 6 of 7 June 24, 1997 Respectfully submitted: Conchita H. Alvarez, Village Clerk Approved this 1st day of July , 1997: IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER 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 RASED. 7of7