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HomeMy Public PortalAbout04-29-97 Special Council Meeting.tifMINUTES 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 Apnl 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 regardmg 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 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 The Attorney bnefly 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 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 RESOLUTIONS 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 Councilmember 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 KEY 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 Dnve, Barbara Begger, 273 Cranwood Drive and Nancy Gamwell, 571 Glenndge 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 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 Grant Funds by such date The motion was seconded by Vice Mayor Padovan 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 Mayor Festa made an amending motion that the agreement should be executed within 5 working days by the Foundation and in the event the agreement is not executed within that time, the Foundation will be excluded from the agreement and it will be executed with the School Board only 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 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 Councilmember 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 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 Han 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 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 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 Aprzl 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 DEATH OF 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 Hearing 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 staff's 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 Councilmember 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 Galena Shopping Center and report back at the next Council meeting 5 of April 29 1997 Heanng 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 penod 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 Ann Williams, Quality 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 to Section 33-284 43 © 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 Festa voting Yes 9 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Vice Mayor Padovan presented to the Council her 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 to be presented to the Metro Dade Commission on this issue The Attorney addressed the Council on this issue Chief Gilbert stated that he will 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 April 29 1997 next Council meeting due to the fact there was not a full Council present tonight 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 bnng back an update on this issue to one of the next two Council meetings Mayor Festa made a 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 Ileana 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 Apnl 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 report from 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 7of8 April 29 1997 (fully submitted /41/ole./Ara-, Conchata H Alvarez, Village Clerk Approved this 13th day of May 1997 F Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 8 of