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
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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
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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
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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
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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
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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
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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
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