HomeMy Public PortalAbout11-18-97 Special Council Meeting.tifMINUTES
SPECIAL VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBER 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 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
2 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 11A7,
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 no 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 vanance 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
John Little, Director of Building, Zoning and Planning addressed the Council stating his
recommendations for approval
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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 pubhc
hearing
Vice Mayor Mortimer Fried made a motion to approve the request Councilmember Padovan
seconded the motion and it was approved by a 7-0 roll call vote The vote was as follows
Councilmembers Broucek, Han, O'Reilly, Sime, Padovan, Vice Mayor Fried and Mayor Festa
voting Yes
CONTINUATION OF COUNCIL MEETING OF NOVEMBER 4, 1997
6 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers 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 to delete 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 Councilmember Sime introduced for information, a copy of state law 338 155
and amendment section 96-178 done in 1996
The Attorney addressed the 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
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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 Sime 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
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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 Councilmember 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 HEARING All witness giving testimony in the following zoning hearing were
sworn in by the Deputy Clerk
Hearing Number 97 -1028 -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
vanance for the existing signs, "STEPHANO'S" and "LIQUOR", to remain mounted on the mansard
roof instead of being mounted on a wall surface, an approval of a non-use variance for the continued
use of the existing signs, "STEPHANO'S" and "LIQUOR" to remain 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) lettenng line, an approval of multi -
tenant center graphics cntena for wall signs, and an approval of a proposed monument sign read as
"RESTAURANT 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 Allen & Gallego, representing
the owners of the above mentioned property addressed the Council The Mayor closed the public
hearing
Vice Mayor Fried made 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, Sime, Padovan, Vice Mayor Fried and Mayor Festa
voting Yes
The Mayor addressed the Council regarding a resolution supporting the city of Port 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 voice vote 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
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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 almost 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
8 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
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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 -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 AN EFFECTIVE DATE
The Attorney addressed the Council regarding a letter from Greenberg and Traurig in reference to
the proposed ordinance
Councilmember 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
address belongs to the Yacht Club), the correct address is 685 Ocean Drive
The Mayor opened the public hearing William Cole, 580 Fernwood Road, addressed the Council
as the President of the Beach Club 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 7-0 roll call vote The vote was as follows Councilmembers Broucek, Han,
O'Reilly, Sime, Padovan, 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)
"DESIGNATED STREETS" TO DELETE THE EXCEPTION OF HARBOR DRIVE FROM
THE STREETS DESIGNATED 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 HARBOR DRIVE 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
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November 18 1997
There was extensive discussion from Council regarding the proposed ordinance
Councilmember Fned 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 voting 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
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November 18 1997
Council meeting, on December 9, 1997, with an estimate on 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
to proceed with the final plans and specifications 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 issue
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 following resolution regarding a sewer
agreement for the Village Green
8 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 EFFECTIVE 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 vote The vote was as follows
Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa
voting Yes
There was extensive discussion 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 regarding this issue
The Village Attorney requested from Council to bring back the appropnate way in which the Village
should proceed, so it is not in the form of a grant or a charitable contribution It was the consensus
of Council to take up this item at the next Council meeting of December the 9th, 1997
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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
Festa 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 Maurz,Deputy Village Clerk
Approved this 27th day of January , 1998
IF A 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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