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HomeMy Public PortalAbout06-24-97 Special Council Meeting.tifMINUTES 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 Helfman 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES 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 1 of 7 vote The vote was as follows Councilmembers Fned, 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 PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD, PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing Carl Wright, 735 Fernwood Road, Kathleen Singer, 745 Fernwood Road, Guy Smith, 701 Fernwood 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 2of7 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 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 7 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 3 -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 Councilmember Sime voting No Hearing Number 97 -0624 -VC -02 Winnie 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, 238 Buttonwood Drive, Deborah de Leon, 100 Buttonwood Drive, addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to approve staff's recommendation to deny the first variance and approve the second variance The motion was seconded by Councilmember 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 Councilmember Sime made a motion to approve the appointment of Rachlin 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 Councilmember O'Reilly voting No Martha Broucek, 170 Ocean Lane Drive, Scott Bass, 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 read 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 p m 6of7 June 24 1997 Respectfully submitted a/A? Conchita H Alvarez, Village Clerk Approved this 1st day of July , 1997 i-e----a- 3Z-1"4— Festa 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 7of7