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HomeMy Public PortalAbout1996 Minutes All.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 9, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan (arrived at 7:10 p.m.), Vice Mayor John Wald, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Attomey Weiss gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the special meeting of December 5, 1995, the minutes of the regular meeting of December 12, 1995, and the minutes of the workshop meeting of December 18, 1995 were adopted by unanimous consent. 5. AGENDA: Councilman Padovan requested the following changes to the agenda: addition of discussion regarding the Dade County League of Cities as Item 10-A-5; addition of discussion of the fire safety code as Item 10-A-6; and the addition of a special presentation regarding the 1996 Atlanta Olympic games as Item 6-C. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Mayor Festa, on behalf of the Council, presented a copy of Resolution 95-40 to Mr. Don Murray, representing the Key Biscayne Community Center, Inc., expressing the Village's appreciation for a donation in the amount of $27,855.72 for the construction of a community center. Councilman Padovan presented the Council with a certificate acknowledging the placement of a brick, bearing the. inscription "1991 Village of Key Biscayne," at Atlanta's Centennial Olympic Park. 7. PUBLIC COMMENTS: There were no speakers present. Page 1 of 9 January 9, 1996 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REPEALING ORDINANCE NO. 93-19 SO AS TO PERMIT THE VILLAGE TO WITHDRAW ITS CERTIFICATION WITII THE FEDERAL COMMUNICATIONS COMMISSION TO REGULATE BASIC TIER CABLE RATES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. After brief discussion, Councilman O'Reilly made a motion, adopting the ordinance on fast reading. The motion was seconded by Mayor Festa and adopted by a unanimous roll call vote. The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for February 13, 1996. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 2.03 OF THE CHARTER OF VILLAGE OF KEY BISCAYNE; REDUCING THE TERM OF COUNCIL MEMBERS FROM FOUR YEARS TO TWO YEARS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN TILE CODE AND AN EFFECTIVE DATE. Mayor Festa opened the public hearing. There were no speakers present. After extensive discussion, Vice Mayor Wald made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Sullivan and failed on a 4 - 3 roll (-fill vote. The vote was as follows: Counciimembers Sime, Sullivan and Vice Mayor Waid voting Yes. Councilmembers Llorente, O'Reilly, Padovan, and Mayor Festa voted No. At this time, Joan Gill Blank, the Village's liaison to the Miami Centennial -Committee, made a presentation to the Council regarding the activities planned by the committee for lvfiami's centennial celebration during 1996. Bill Ofgant, 512 Fernwood Road, and Heidi Archibald, 881 Ocean Drive, addressed the Council. Page 2 of 9 J January 9, 1996 The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; IMPLEMENTING PROCEDURES OUTLINED BY THE LEGISLATURE IN ORDER TO REMOVE THE PRESUMPTION OF PREJUDICE ARISING FROM EX-PARTE COMMUNICATIONS IN QUASI-JUDICIAL PROCEEDINGS; PROVIDING FOR PROCEDURES FOR DISCLOSURE OF EX-PARTE COMMUNICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman O'Reilly made a motion adopting the ordinance on second reading. The motion was seconded by Mayor Festa. Mayor Festa opened the public hearing. There were no speakers present. Councilman O'Reilly offered an amendment to Section 4 of the ordinance by striking "and may receive expert opinions". The motion was seconded by Mayor Festa and failed on a 3.- 4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sime and Mayor Festa voting Yes. Councilmembers Llorente, Padovan, Sullivan, and Vice Mayor Waid voted No. Mayor Festa offered an amendment to Section 3.2 of the ordinance by inserting a provision requiring that all written communications be filed with the Village Clerk for distribution to all members of the Village Council prior to zoning hearings. The motion was seconded by Vice Mayor Waid and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Llorente voted No. Mayor Festa offered an amendment to the ordinance striking Section 3.1. The motion was seconded by Councilman Sullivan and adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly and Vice Mayor Waid voted No. After extensivediscussion, the amended ordinance failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sime and Mayor Festa voting Yes. Councilmembers Llorente, Padovan, Sullivan, and Vice Mayor Waid voted No. 9. RESOLUTIONS: The clerk read the following resolution by title: Page 3 of 9 .001 January 9, 1996 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A CONCEPTUAL PLAN TO SERVE AS A GUIDE FOR THE FUTURE DEVELOPMENT OF TIIE VILLAGE GREEN; PROVIDING FOR AN EFFECTIVE DATE Village Planner Raul 1 astra made a brief presentation regarding the future development plan for the Village Green. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. There was extensive discussion regarding the proposed development plan. By consenus, the development plan was accepted in concept.. There was no vote on the resolution. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING AND COMMENDING THE OFFICE OF THE VILLAGE MANAGER AND THE DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES FOR BEING AWARDED A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Waid. Resolution 96-1 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Festa discussed the Dade County Expressway Authority's proposed increase of toll fees, from $1.00 to $3.00 on weekends and holidays, on the Rickenbacker Causeway. Carlos Penin, a member of the Dade County Expressway Authority, addressed the Council regarding the matter. Councilman O'Reilly made a motion that the Village support a position requiring the county to use toll monies from the Rickenbacker Causeway strickly for improvements to the Rickenbacker Causeway. There was no second to the motion. Page 4 of 9 0 January 9, 1996 Councilman O'Reilly made a motion directing the Village Attorney to draft a letter to the Dade County Expressway Authority and the Dade County Board of County Commissioners expressing the Village's opposition to an increase in the toll fees and that a press release be prepared announcing the Village's position on this issue. The motion was seconded by Mayor Festa and adopted by a 6 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Vice Mayor Waid was absent during the vote. Councilman Llorente discussed the reconsideration of the Council's December 5, 1995 decision regarding a grant request by the Key Biscayne Music and Drama Club. Councilman Llorente made a motion to rescind the Council's December 5th decision regarding the organization's grant application. The motion was seconded by Mayor Festa and adopted by a 5 - 1 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Councilman Sullivan voted No. Vice Mayor Waid was absent during the vote. Councilman Llorente made a motion to award a $ I0,000.00 grant to the Key Biscayne Music and Drama Club pursuant to the organization's application. The motion was seconded by Mayor Festa and adopted by 4 -3 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sime, and Mayor Festa voting Yes. Councilmembers Padovan, Sullivan and Vice Mayor Waid voted No. Dory Goldman and Ernestine McKay, representing the Key Biscayne Music and Drama Club, addressed the Council. Councilman Sullivan discussed appraisal reports, prepared at the request of the Council by the Quinlivan Appraisal firm, regarding the SunTrust Bank (formerly Key Biscayne Bank) property located adjacent to the Village Green (including the bank building) and the property located on the Southwest corner of the intersection of Crandon Boulevard and McIntyre Street. The Council discussed a financial analysis prepared by Rauscher Pierce Refsnes, Inc., dated January 3, 1996, regarding the financing of $7,000,000 for the -acquisition of land The following residents addressed the Council: Bill Ofgant, 512 Femwood Road; Heidi Archibald, 881 Ocean Drive; Pauline Rivelli, 607 Ocean Drive; and Shirley Brill, 550 Ocean Drive. Page 5 of 9 January 9, 1996 Councilman Llorente made a motion authorizing the Village Manager to present a bonafide contract for a purchase agreement for $3.8 million to SunTrust Bank for the purchase of their property located between West McIntyre Street and the Village Green. There was no second to the motion. The Council discussed the manager's discussions with representatives of SunTrust Bank and Mr. Charles Rebozo regarding the purchase of their respective properties. By consensus, the attorney was directed to prepare ballot language, essentially in the following form, for the March 12, 1996 election, to determine voter support for the acquisitionof land: THE VILLAGE IS CONTEMPLATING THE PURCHASE OF CERTAIN PROPERTY FOR FUTURE PARK AND OTHER COMMUNITY PURPOSES PROVIDED THAT SUCH PURPOSES CAN BE ACCOMPLISHED WITH NO INCREASE IN THE•MILLAGE RATE. THE APPRAISED VALUE OF OF THE VACANT PROPERTY BETWEEN THE VILLAGE GREEN AND THE "KEY BISCAYNE BANK" IS $2.1 MILLION. DO YOU FAVOR PURCHASING THIS PROPERTY? THE APPRAISED VALUE OF THE "KEY BISCAYNE BANK" BUILDING IS $2.2 MILLION. DO YOU FAVOR PURCHASING THS BUILDING? THE APPRAISED VALUE OF THE VACANT PROPERTY AT THE INTERSECTION OF CRANDON BOULEVARD AND WEST MCINTYRE STREET IS $2.4 MILLION. DO YOU FAVOR PURCHASING THIS PROPERTY? Councilman Padovan gave an update regarding her work on the Dade County League of Cities' Over- crowded Schools Committee. Village Attorney. The attorney gave a brief presentation regarding resident -only paiking on Village property. The attorney also made a presentation regarding the enforcement of the state's fire prevention code. Shirley Brill, 550 Ocean Drive, and Heidi Archibald, 881 Ocean Drive, addressed the Council. Deputy Fire Rescue Chief John Gilbert also participated in discussions with the Council. Page 6 of 9 0 to January 9, 1996 Councilman Sullivan made a motion extending the meeting until 11:30 p.m. The motion was seconded by Mayor Festa and adopted by a 4 - 3 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes. Councilmembers O'Reilly, Sime and Vice Mayor Waid voted No. Village Clerk. The clerk submitted a copy of his office's 1995 annual report to the Council Mayor Festa made a motion authorizing the expenditure of funds for the implementation of an electronic filing system for the Clerk's Office. The motion was seconded by Vice Mayor Waid and adopted by a unanimous voice vote . The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Village Manager. By consensus, the Council agreed to schedule a public meeting during the week ofJanuary 15th to discuss a solution for the proposed bus route change. Mayor Festa made a motion awarding an animal control contract to Pesky Critters, Miami, Florida, at a rate of $50.00 per racoon (with a guarantee of 250 racoons per year). The motion was seconded by Councilman O'Reilly and adopted by a 4 - 2 - lvoice vote. The vote was as follows: Councilmembers O'Reilly, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilmembers Llorente and Padovan voted No. Councilman Sime was absent during the vote. Mayor Festa made a motion authorizing the Village Manager to negotiate with Dade County for a maintanence program for the Village's stormwater pump stations. The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The Council discussed a possible extention of sanitary sewer service to the property located at 596- 598 Fernwood Road. Village Engineer Carlos Penin and Building, Zoning and Planning Director John Little participated in discussions with the Council. Councilman O'Reilly made a motion authorizing the Village Manager to expend $4,500.00 for an engineering study relating to this matter. The motion was seconded by Councilman Padovan and failed on a 1 - 6 voice vote. The vote was as follows: Councilman O'Reilly voting Yes. Councilmembers Llorente, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voted No. Page 7 of 9 January 9, 1996 The manager submitted the following informational items: monthly departmental reports; a copy of Dade County's landscaping ordinance (95-222) adopted on December 5, 1995; a letter from William O'Leary, O'Leary Design Associates, regarding inspection of the vegetation in the Village, dated December 15, 1995; a memorandum from A.F. Webber, PBS&J Construction Services, to Martha Pantie, Miami -Dade Water and Sewer Department, regarding status of contaminated material, dated December 21, 1995; a letter from Irwin Padhajser, Key Biscayne Presbyterian Church, regarding the church's youth group program, dated December 21, 1995; a memorandum from the. Village Manager, regarding stipend for RSMAS student, dated December 27, 1995; a letter from Peter Bailees, 251 Crandon Boulevard, regarding holiday banners, dated December 28, 1995; a copy of the Key Biscayne Chamber of Commerce's monthly report dated December 1995; and a notice from Lynn Whisenhunt, Adelphia Cable Communications, regarding Village's public access programing, dated January 4, 1996. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: The following schedule of future meetings and events was presented to the Council and public: Village Council Workshop Thursday, January 11, 1996, 7:00 p.m. Special Village Council Meeting Tuesday, January 23, 1996, 7:00 p.m. Village Council "Town Meeting" Tuesday, January 30, 1996, 7:00 p.m. Congressional City Conference Sunday and Monday, March 10 and 11, 1996 13. ADJOURNMENT: The meeting was adjourned at 11:40 p.m. Page 8 of9 January 9, 1996 Respectf4lly sub itted: Guido H. nguanzo, Jr., CMC Village - , k Approved by the Village Council this 23rd day of January. 1996: _ ., John F. Festa I Mayor 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 THATA VERBATIM RECORD OF =PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. r Page 9 of 9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 23, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Manager Samuel Kissinger, Village Attorney Stephen Helfman and Assistant to the Village Attorney Teresa Smith (serving as acting village clerk). 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the regular meeting of January 9,1996 were adopted by unanimous consent. 4. AGENDA: There were no changes to the agenda. 5. SPECIAL PRESENTATIONS: There were no special presentations. 6. BUILDING, ZONING AND PLANNING: The following items were discussed: All witnesses giving testimony in the zoning hearings were sworn -in by the attorney. Hearing Number 95 -0627 -VC -01. Sara and James Fulton, the applicants, requested a non-use variance of twenty-five feet (25') front setback requirement to permit a front setback of fifteen feet (15') for a proposed addition to the residence located at 335 Atlantic Road. Building, Zoning and Planning Director John Little stated his recommendation for denial without prejudice or deferral of the application pending the adoption of the proposed land use regulations. The mayor opened the public hearing. Joseph Shook, 201 Alhambra Circle, Coral Gables, representing the applicants, addressed the Council. James Fulton, 335 Atlantic Road, the applicant, also addressed the Council. Page 1 of 6 January 23, 1996 After extensive discussion, and at the request of the applicant, Councilman Padovan made a motion deferring further consideration of the application until the meeting of March 12, 1996. The motion was seconded by Vice Mayor Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid and Mayor Festa voting Yes. Hearing Number 96 -0123 -VC -01. Owen and Maria Zayas-Bazan, the applicants, requested an appeal of an administrative decision to allow an existing driveway to be located completely on the right-of-way and a non-use variance of six foot (6') high fence in the front zone to allow an eight foot (8') high fence between the principal building and West F.nid Drive for the property located at 601 Harbor Drive. Building, Zoning and Planning Director Little stated his recommendation for denial without prejudice on both requests. Oscar White, One Northeast 2 Avenue, Miami, representing the applicants, addressed the Council. Maria Zayas-Bazan Valls, 662 Glenridge Road, the applicant, also addressed the Council. The mayor opened the public hearing. Joann Young, 600 Harbor Drive, addressed the Council. After extensive discussion, Councilman Llorente made a motion adopting staff's recommendation regarding the driveway request. The motion was seconded by Mayor Festa and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Waid made a motion approving the fence variance request. The motion was seconded by Councilman Padovan and adopted by a 4 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Waid voting Yes. Councilman Sullivan and. Mayor Festa voted No. Hearing Number 96 -0123 -VC -02. Ocean Club Limited Partnership and THSP Associates, the applicants, requested a final approval for Resort Villas One and Two and Club Tower One including ancillary structures and certain refinements to the previously approved site plan entitled "The Ocean Club Master Plan" for the property located at 775 Crandon Boulevard. Village Planner Raul Lastra stated the recommendation of the Building, Zoning and Planning Department for approval of the application subject to specified conditions including the following: Page 2 of 6 0 1. January 23, 1996 That the architectural cupola elements of the three buildings be removed and other mechanical and architectural ornamental elements not exceed the profile shown on sheet A-18 of the submitted plans. 2. That staff would require continued development of the grades, retention walls, sidewalk system, and dedications in accordance with previous agreements as are required for the issuance of specific developments orders and be accomplished in concurrence with the development of adjacent right-of-ways. Carter McDowell, One Southeast 2 Avenue, Miami, representing the applicant, addressed the Council. After extensive discussion, Mayor Festa made a motion to defer the hearing until January 29, 1996 pending clarification of previous Council approvals regarding the height of buildings on the Ocean Club property. The motion was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Vice Mayor Waid voted No. 7. ORDINANCES: There were no ordinances considered by the Council. 8, RESOLUTIONS: The acting clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING AND PROVIDING FOR A STRAW -BALLOT REFERENDUM ELECTION ON TUESDAY, MARCH 12, 1996, FOR THE PURPOSE OF ENABLING THE ELECTORS OF THE VILLAGE TO INDICATE BY NON -BINDING REFERENDUM WHETHER 1'HLY SUPPORT THE ACQUISITION OF CERTAIN PROPERTY BY THE VILLAGE FOR FUTURE PARK AND 0 IBER COMMUNITY PURPOSES; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE AND PROVIDING AN EFFECTIVE DATE. Councilman O'Reilly made a motion to table the resolution. The motion was seconded by Vice Mayor Waid and failed on a 2 - 4 roll call vote. The vote was as follows: Councilman O'Reilly and Vice Mayor Wad voting Yes. Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voted No. Ramiro Ortiz, 95 West McIntyre Street, representing SunTrust Bank, addressed the Council. Page 3 of 6 January 23, 1996 Residents Bill Ofgant, 512 Femwood Road, and Guy Smith, 701 Femwood Road, also addressed the Council. Mayor Festa made a motion amending the resolution by striking the ballot language in Section 3 and inserting the following language: The Village is contemplating the purchase of certain property for future park and other community purposes: These properties include: vacant property between the Village Green and the "Key Biscayne Bank" which contains approximately 1.9 acres andhas an appraised value of $2.1 Million: and Q) vacant property at the intersection of Crandon Boulevard and West McIntyre Street which contains approximately 2.0 acres and has an appraised value of $2.4 Million. Do you support the purchase of such properties for the following purposes: Community Center Yes OS Village Offices llYes f1No Permanent PolieelFire Facilities fises UN_ Additional Park Lane flYes f 1No The Festa motion was seconded by Councilman Padovan and adopted by a 4 - 2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilmembers Llorente and Sullivan voted No. Resolution 96-2, as amended, was adopted by a 5. 1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman O'Reilly voted No. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Counciimembers. Councilman Padovan discussed the proposed designs for the national holiday banners for the Crandon Boulevard street light poles. Councilman Sullivan made a motion authorizing the purchase of the banners. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Page 4 of 6 January 23, 1996 Councilman Padovan discussed the work of the Village Beautification Foundation regarding landscaping improvements within the Village. Cecile Sanchez, 260 Cypress Drive, representing the foundation, addressed the Council. Mayor Festa briefly discussed the proposed plans for a wetland restoration project at the Bill Baggs Cape Florida State Recreation Area. Village Attorney. The attorney did not submit a repo Village Clerk. The clerk did not submit a report. Mayor Festa made a motion extending the meeting until 11:15 p.m. The motion was seconded by Councilman Sullivan and adopted by a 4 - 2 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman O'Reilly and Vice Mayor Waid voted No. Village Manager. The mayor provided an update regarding the relocation of the county's bus route within the Village limits. Councilman Padovan made a motion supporting the concept of constructing a traffic circle at the intersection of Harbor Drive and West Mashta Drive to accommodate the relocation of the bus route. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The manager and Village Engineer Carlos Penin gave a brief presentation regarding the Femwood Road Parking and Sidewalk Construction projects. The following residents addressed the Council regarding the proposed sidewalk project: Christian Johansen, 212 West Mashta Drive; Ward Rathbone, 275 West Mashta Drive; Roberto Decespedes, 188 West Mashta Drive; Benny Becker, 290 West Mashta Drive; Lou Vacarro, 260 West Mashta Drive; Michael King, 745 Femwood Road; and Bernard Laureda, 286 West Mashta Drive. The manager submitted the following informational items: a letter from Maggi Cook, Dade Heritage "trust, regarding re -lighting of the Cape Florida Lighthouse ceremony, dated January 2,1996; a letter from George Percy, Florida Department of State, regarding the Key Biscayne Heritage Trail, dated January 3, 1996; a memorandum from Cecilia Villoria, C.A.P. Engineering Consultants, Inc., regarding the West Mashta Drive Bridge, dated January 4, 1996; a letter from Mark Braun, Towers of Key Biscayne, regarding beach cleaning, dated January 8, 1996; and a letter from Guy Smith, Village resident, regarding Femwood Road wall, dated January 17, 1996. Page 5 of 6 January 23, 1996 10. OTIIERBUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: The following schedule of future meetings and events was presented to the Council and public: Village Council "Town Meeting" Tuesday, January 30, 1996, 7:00 p.m. Village Council Meeting Tuesday, February 13, 1996, 7:00 p.m. 12. ADJOURNMENT: The meeting was adjourned at 11:55 p.m. Respectfi lfy ubm/t d: Guido H. Ing'uanzo, Jr., CMC Village Cl Approved by the Village Council this 13th day of February, 1996: /Jofn F. Festa -Mayor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 6 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, JANUARY 29, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, Vice Mayor John Wald, and Mayor John Festa. Councilman Betty Sime was absent. Also present were, Village Manager Samuel Kissinger, Village Attorney Stephen Hellman and Finance Director Jack Neustadt (serving as acting village clerk). Mayor Festa led the Pledge of Allegiance. , The Council continued its discussions of Hearing Number 96 -0123 -VC -02, an application by the Ocean Club Limited Partnership and THSP Associates, requesting final approval for Resort Villas One and Two and Club Tower One including ancillary structures and certain refinements to the previously approved site plan entitled "The Ocean Club Master Plan," for the property located at 775 Crandon Boulevard. The hearing was deferred from the Council's January 23, 1996 meeting. All witnesses giving testimony in the above mentioned hearing were sworn -in by the attorney. The mayor opened the public hearing. The following representatives of the Ocean Club project participated in discussions with the Council: John Hinson; Stanley Price; Charles Sieger; Thomas Spain; Rolando Llanes; John Temple; and Chris Cobb. The following members of the public addressed the Council: Dan 7andersky, 1901 Brickell Avenue, Miami; Rex Hamilton, 201 Crandon Boulevard; Camile Guething, 260 Seaview Drive; Jim Leshaw, 141 East Enid Drive; Zaida Vidal, 600 Grapetree Drive; Mabel Betancourt, 250 Sunrise Drive; Robert Brookes, 95 West McIntyre Street; Patricia Romano, 335 West Wood Drive; John McCloud, 250 Glenridge Road; Jerry Levinson, 251 Crandon Boulevard; William King, 600 Grapetree Drive; Ricardo Dnnin 750 South Mastha Drive; and Paulo Rivendoin, 151 Crandon Boulevard. Councilman Padovan made a motion adopting staffs recommendation. The- motion was seconded by Councilman O'Reilly. Page 1 of4 January 29, 1996 After extensive discussion, Councilman Waid offered an amendment striking condition number one of Director John Little's recommendation and approving the cupola elements on the three buildings. The motion was seconded by Councilman O'Reilly and failed on a 3 - 3 roll call vote. The vote was as follows: Councilman O'Reilly, Vice Mayor Waid and Mayor Festa voting Yes. Councilmernbers Liorente, Padovan and Sullivan Voted No. The Padovan motion was adopted on a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The Council discussed the following resolution as adopted on January 23, 1996: RESOLUTION 96-2 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING AND PROVIDING FOR A STRAW -BALLOT REFERENDUM ELECTION ON TUESDAY, MARCH 12, 1996, FOR THE PURPOSE OF ENABLING THE ELECTORS OF THE VILLAGE TO INDICATE BY NON -BINDING REFERENDUM WHETHER THEY SUPPORT THE ACQUISITION OF CERTAIN PROPERTY BY THE VILLAGE FOR FUTURE PARK AND OTHER COMMUNITY PURPOSES; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Waid made a motion to reconsider the resolution. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Liorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Vice Mayor Waid made a motion to amend the resolution by striking the ballot language in Section 3 and inserting the following language: The Village is contemplating the purchase of certain properties for future park and other community purposes. These properties are: Property A. The vacant property between the Village Green and the "Key Biscayne Bank" which contains approximately 1.9 acres and has an appraised value of $2.1 Million; and Property B. The varaut property at the intersection of Crandon Boulevard and West McIntyre Street which contains approximately 2.0 acres and has an appraised value of $2.4 Million. Page 2 of 4 January 29, 1996 Do you support the purchase of Property A for the following purposes: Community Center Yes No Village Offices Yes No Permanent Police/Fire Facilities Yes No Additional Park Land Yes No Do you support the purchase of Property B for the following purposes: Community Center Yes No Village Offices Yes No Permanent Police/Fire Facilities Yes No Additional Park Land Yes No The motion was seconded by Councilman Llorente. Mayor Festa offered an amenment to the Waid motion as follows: The Village is contemplating the purchase of certain properties for future park and other community purposes. These properties are: Property A. The vacant property between the Village Green and the "Key Biscayne Bank" which contains approximately 1.9 acres and has an appraised value of $2.1 Million; and Property B. The vacant property at the intersection of Crandon Boulevard and Wcst of $2.4 Mi11is.r. Do you support the purchase of Property A for the following purposes: Community Center Yes No Village Offices Yes No Pe.1nauentItoli..e/Pitc Facilities Yc3 No Additional Park Land Yes No Property B. The vacant property at theintersection of Crandon Boulevard and West McIntyre Street which contains approximately 2.0 acres and has an appraised value of $2.4 Million. Page3of4 January 29, 1996 Do, you support the purchase of Property B for the following purposes: Community Center Yes No Village Offices Yes No Permanent Police/Fire Support Facilities Yes No Additional Park Land Ycs No The Festa motion was seconded by Councilman Sullivan and adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Vice Mayor Waid voted No. The amended Waid motion was adopted by 6 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. There being no further business, the meeting was adjourned at 9:50 p.m. Guido . Inguanzo, .Jr., CMC Village lerk Approved by the Village Council this 13th day of February. 1996: o i7i P Festa IMo'or IFAPERSONDECIDES TOAPPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MA1 tER 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, WHICHRECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. - Page 4 of 4 MINUTES VILLAGE COUNCIL "TOWN MEETING" VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 30, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7:10 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly (arrived at 7:15 p.m.), Michele Padovan, Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. Mayor Festa welcomed residents to the Village's second 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 1995 was presented to the Council and public as part of the manager's report. The manager presented an update of each of the Council's goals and objectives. 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 William Huddleston; and Program Coordinator (Recreation Department) Loren Matthews. The mayor opened the meeting for comments from the public. The following residents addressed the Council: Michael Kahn, 881 Ocean Drive; Ed Meyer, 100 Sunrise Drive; Haydee Archibald, 881 Ocean Drive; Grace Faulk, 288 Seaview Drive; and Henny Becker, 290 West Mashta Drive. The mayor announced that any resident watching the meeting live on cable television channel 29, could place a call to the Council Chamber, at 365-8909, to make comments. Paula Festa, 695 Harbor Lane, and Mrs. Marcus, 199 Ocean Lane Drive, called and addressed the Council. Page 1 of 2 January 30, 1996 There being no further business, the meeting was adjourned at 9:15 p.m. Respectfully su mitted: Guido Inguanzo, Jr., CMC Village Clerk Approved by the Village Council this 13th day of February, 1996: 19 /4 1 —= Je i Jolrn F. Festa Mayor 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 13, 1996 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 Raul Llorente, Hugh O'Reilly (arrived at 7:10 p.m.), Michele Padovan, Raymond Sullivan (arrived at 7:10 p.m.), Betty Sime, Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Attorney Weiss gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the special meeting of January 23, 1996, the minutes of the special meeting of January 29, 1996, and the minutes of the town meeting of January 30, 1996 were adopted by unanimous consent. 5. AGENDA: Councilman Padovan requested the deletion of Item 11-A-3, regarding sponsorship of Miami centennial event at the Cape Florida Lighthouse, and the addition of discussion regarding public right-of-ways and driveways as Item 11-A-6. The attorney requested the addition of discussion regarding Rickenbacker Causeway toll fees and the Village's litigation relating to county's Crandon Park Master Plan. There was no objection to the agenda changes. 6. SPECIAL PRESENTATIONS: Mayor Festa presented a copy of Resolution 96-1 recognizing the Office of the Village Manager and the Department of Finance and Administrative Services for being awarded a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Finance Director Jack Neustadt accepted the resolution on behalf of the manager, Assistant to the Village Manager Yocelyn Galiano, Finance Assistant Maria Valentine, and himself. Village Planner Raul Lastra and Building, Zoning and Planning Director John Little made a presentation regarding beach access at the Ocean Club and Grand Bay Resort and Residences projects. Page 1 of 6 February 13, 1996 Joan Gil Blank, the Village's liaison to the Miami Centennial '96 Committee, made a presentation regarding Miami's Centennial Celebration and related activities at the Cape Florida Lighthouse. Councilman Padovan made a motion approving sponsorship of the July 27, 1996 Cape Florida Lighthouse Re -lighting Celebration in the amount of $15,000.00. The motion was seconded by Councilman O'Reilly. Councilman Llorente offered an amendment to sponsor the event in the amount of $25,000.00. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The amended Padovan motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. 7. PUBLIC COMMENTS: Mortimer Fried, 291 Harbor Court, addressed the Council regarding entrance fees at the Cape Florida State Recreation Area. 8. PUBLIC HEARINGS: Hearing Number 96 -0213 -VC -01. St. Agnes Catholic Church, the applicant, requested approval for a carnival to be operated on the school and church premises at 122 Harbor Drive from March 1 3, 1996. Building, Zoning and Planning Director Little stated his recommendation for approval subject to specified conditions. Mayor Festa opened the public hearing. There were no speakers present. Vice Mayor Waid made a motion approving the application. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. 9. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF 1 HL+ VILLAGE OF KEY BISCAYNE, FLORIDA; REPEALING ORDINANCE NO. 93-19 SO AS TO PERMIT THE VILLAGE TO WITHDRAW ITS CERI'iFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO REGULATE BASIC TIER CABLE RATES; AND PROVIDING FOR SEVERAI3ILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 2 of 6 February 13, 1996 Consideration of the ordinance was deferred until March 12, 1996. 10. RESOLUTIONS: There were no resolutions considered by the Council. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Councilman O'Reilly made a motion directing the Village Attorney to draft the necessary ordinances to enact the following amendments to the Village Charter: Debt Limit. An aggregate limit on all debt. The limit is to be one percent of the value of taxable property within the Village. Voter Approval. Require voter approval on incurring any debt over $1,000,000.00. Mandatory Reduction. Require Debt Reduction and Tax Relief Reserve into which yearly must be swept all unexpended balances and the amounts of all defeated or otherwise failed spending proposals during the fiscal year The motion was seconded by Vice Mayor Waid. After extensive discussion, the motion was adopted by a 4 - 3 roll call vote. The vote was as follows: Councihnember Llorente, O'Reilly, Padovan, and Vice Mayor Waid voting Yes. Councilmembers Sime, Sullivan and Mayor Festa voted No. Councilmembers Llorente and Padovan discussed the Council's recent decision regarding the construction of a sidewalk on the south side of West Mashta Drive. Christian Johansen, 212 West Mashta Drive, representing the residents of the south side of West Mashta Drive, presented a petition to the Council from the residents of the south side of West Mashta Drive, requesting that the sidewalk be located on the north side of the street. The following residents addressed the Council: Ward Rathbone, 275 West Mashta Drive; Roberto Decespedes, 188 West Mashta Drive; Lou Vacarro, 260 West Mashta Drive; Bill Ofgant, 512 Femwood Road; Raul Vidal, 92 West Mashta Drive; Jim Taintor, 355 Harbor Drive; Iiaydee Archibald, 881 Ocean Drive; Dan Morrison, 797 Glenridge Road; Sam Baker, 268 West Mashta Drive; Michael Brackett, 224 West Mashta Drive; and Alain DeGrelle, 176 West Mashta Drive. Mark Kline, of the firm of Keith and Schnars, 6500 North Andrews Avenue, Fort Lauderdale, representing the residents of the south side of West Mashta Drive, also addressed the Council. Page 3 of 6 February 13, 1996 Councilman Sime made a motion to defer the construction of the sidewalk on West Mashta Drive until such time as the residents, staff and Council have further studied the matter. The motion was seconded by Mayor Festa. Councilman Padovan offered an amendment that a consultant be hired to study Village -wide traffic matters. The motion was seconded by Councilman O'Reilly. After extensive discussion, the amendment was withdrawn. The Sime motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Sullivan discussed an alcohol regulation study completed by the Building, Zoning and Planning Department. Councilman Sullivan made a motion prohibiting the selling of alcohol within Village limits from 2:00 a.m. to 6:00 a.m. The motion was seconded by Councilman Sime. Jim Taintor, 355 Harbor Drive, and Benji Zambrano, 452 Fernwood Road, addressed the Council. The attorney advised the Council that an ordinance would be required to enact the provisions. of the Sullivan motion. Councilman Sime offered an amendment that the attorney draft the necessary ordinances to enact the provisions of the Sullivan motion. The motion was seconded by Mayor Festa and adopted by 4 - 2 - 1 roll call vote. The vote was as follows: Couneilmembers Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman O'Reilly and Vice Mayor Waid voted No. Based on the advice of the attorney, Councilman Llorente abstained due to a conflict of interest. Mayor Festa offered an amendment that the regulation of different types of establishments be incorporated in the ordinance. The motion was seconded by Councilman Padovan and adopted by a 4 - 2 - 1 roll call vote. The vote was as follows: Councilmembers Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman O'Reilly and Vice Mayor Waid voted No. Councilman Llorente abstained due to a conflict of interest. The amended Sullivan motion was adopted by a 4 - 2 - 1 roll call vote. The vote was as follows: Councilmembers Padovan, Sime, Sullivan, and Mayor Festa .voting Yes. Councilman O'Reilly and Vice Mayor Waid voted No. Councilman Llorente abstained due to a conflict of interest. Page 4 of 6 February 13, 1996 Mayor Festa made a motion extending the meeting until 11:30 p.m. The motion was seconded by Councilman Sullivan and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman Sime and Vice Mayor Waid voted No. Councilman Padovan discussed the Council's January 29, 1996 denial of a variance to permit a driveway in the right-of-way for the residence at 601 Harbor Drive. Owen Bazan and Maria Valis, 662 Glenridge Road, addressed the Council The attorney and Building, Zoning and Planning Director Little participated in discussions with the Council. On the advise of the attorney, the Council consented to defer consideration of this item until such time as the attomey's office has further reviewed the matter. c The clerk submitted proposed procedures for permitting owners of real property within the Village of Key Biscayne to vote in the "Straw Ballot for Land Acquisition" special election to be held on March 12, 1996. Mayor Festa made a motion approving the procedures. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Counci members Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The manager submitted the following informational items: the monthly departmental reports; a letter from Augustin Bolanio, United States Marine Corps, regarding military exercises on Key Biscayne, dated December 29, 1995; a letter from Evan Marks, G. Soros Realty, Inc., regarding change in ownership of Ocean Club interests, dated January 5, 1996; copy of State of Florida check in the amount of $699,082.0 'and Grant Award Agreement between the Village and the Florida Communities Trust respectively dated January 17 and January 26, 1996; a copy of public notice regarding proposed Second Periodic Nourishment of beach at Surfside and Miami Beach dated January 19, 1996; a letter from the mayor, to the Dade County Expressway Authority, regarding proposed Rickenbacker Causeway toll increase, dated January 22, 1996; a letter from Carl Sidles, Fortin, Leavy, Skiles, Inc., to Paul Abbot, Grand Bay Resort and Residences, regarding south side wall, dated January 23, 1996; a memorandum from the Recreation Department's program coordinator, regarding shuttle service to the Royal Caribbean Classic, dated January 31, 1996; a memorandum from Thomas Ziebard, Exclusive Sports Marketing, regarding 1996 Gatorade Triathlon, dated January 31, 1996; a letter from Grace Walther, Village resident, regarding Police Officer Jorge Mora, dated February 1, 1996; a memorandum from the manager, regarding the Village Green maintenance program, dated February 2, 1996; a memorandum from the finance director, regarding 1996-97 budget time -table, dated February 6, 1996; a memorandum from; James Decocq, RSMAS beach consultant, regarding beach preservation and restoration monthly report, Page 5 of 6 February 13, 1996 dated February 7, 1996; a letter from Sandra Goldstein; Village resource volunteer, regarding beach preservation technology conference, dated February 8, 1996; a letter from Richard Pollack, Winn - Dixie Stores, Inc., regarding shopping carts; a the January 1996 monthly report from the Key Biscayne Chamber of Commerce. Mayor Festa made a motion extending the meeting until 11:45 p.m. There was no second to the motion. Mayor Festa made a motion continuing themeeting to Tuesday, February 20, 1996. The motion was seconded by Councilman Sime and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman O'Reilly and Vice Mayor Waid voted No. The meeting was recessed at 11;30 p.m. Resp a Iy`srltbmitted: Guido H,iinguanzo, Jr., CMC Village '1e ..k Approved by the Village Council this 12th day of March. 1996: /John F. Festa I- Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL. WITH RESPECT TO ANY 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, WHICHRECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR (flOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS �.-.✓.AME FIRtiINAME. MIDDLE NAME. Llorente, Raul NAME OE BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Village Council MAILING ADDRESS 345 Cypress Drive CIIY COUNTY Key Biscayne, FL 33149 Dade THE HOARD. COUNCIL COMMISSION; AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: &I CITY 0 COUNTY 0 OTHER LOCAL AGENCY DALE ON WHICH VOTE OCCURRED February 13, 1996 NAME OF POLITICAL. SUBDIVISION: Village of Key Biscayne MY POSITION IS: W ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. Fot this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other focal public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special. private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 161357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a `relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IFYOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH ( ' VOTE WLL BE TAKEN: .., • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • Acopy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 27, 1996 (CONTINUATION OF MEETING OF FEBRUARY 13, 1996) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The clerk announced that this meeting was a continuation of the Council's regular meeting of February 13, 1996. The meeting was called to order by the mayor at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan (arrived at 7:10 p.m.), Vice Mayor John Waid (arrived at 7:10 p.m.), and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo. and Village Attorney Richard Weiss. The attorney requested clarification regarding the Council's directive to. study the use of funds by the county generated by the tolls on the Rickenbacker Causeway. The following items were discussed as part of the manager's report to the Council: Building, Zoning and Planning Director John Little discussed a proposed increase in his. department's permit fee structure. Councilman Sullivan made a motion adopting staffs recommendation regarding an increase in permit fees and an appropriation of approximately $12,675.00 for the scanning of plans and blueprints. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The manager discussed the results of a survey conducted by his office regarding the feasibility of the Village providing refuse collection and recycling services for the condominiums. It was the consensus of the Council that the manager distribute copies of the report to the condominiums and solicit their input and interest in the implementation of such a program. Village Engineer Carlos Penin, Cecilia Villoria, of C.A.P. Engineering Consultants, Village Planner Raul Lastra and the manager gave an update on the sidewalk construction project (Harbor Drive and Fernwood Road). The engineer also discussed the following matters: a sanitary sewer extension report; a West Mashta Drive traffic calming report; and a West Mashta Bridge status report. Page 1 of 3 February 27, 1996 The planner discussed a proposal from the fum of Glatting, Jackson, Kercher, Anglin, Lopez, and Rinehart Community Planning, Orlando, Florida, for a proposed workshop on traffic calming. Councilman Padovan made a motion approving the use of the firm. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The manager recommended the creation of a Public Works Department Supervisor's position. Councilman Padovan made a motion approving the manager's recommendation. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting yes. Councilman Sullivan made a motion adopting staffs recommendation regarding the purchase of vehicles for the Police Department (two Chevrolet Blazers and one van), as part of the department's vehicle replacement program, at an approximate cost of $67,322.50. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The mayor briefly discussed the bus route report. The manager presented a draft of a proposed ordinance regulating the removal of shopping carts from the premises` of the cart owner. The manager was directedto contact representatives of the grocery stores and discuss the matter with them. The manager presented to the Council the budget schedule for Fiscal Year 1997. The Council briefly discussed the monthly financial report, the storrnwater sewer construction report, and the beach management report. There being no further business, the meeting was adjourned at 9:00 p.m. Page 2 of 3 February 27, 1996 Respec Ily ub fitted: Guido H. I guanzo, Jr., CMC Village : - k Approved by the Village Council this 12th day of March, 1996: IFA PERSON DECIDES TO APPEAL ANY DECISIONMADEBYTHE 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 WIHCH THE APPEAL IS TO BE BASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 27, 1996 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 9:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. AGENDA: Councilman Llorente requested the addition of discussion regarding the information sign at the entrance of the Village and Section 4.01 of the Village Charter. Vice Mayor Waid requested the addition of discussion regarding signage on Ocean Lane Drive. Mayor Festa requested the addition of discussion regarding the garbage containers on the Village Green. There was no objection to the agenda changes. 4. ORDER OF BUSINESS: The mayor called for a workshop meeting on March 5, 1996 to discuss the proposed O'Reilly charter amendments relating to debt control and hear input from the Village's financial advisor. It was the consensus of the Council that discussions relating to the proposed amendments be held at the first reading of the ordinance and not at a workshop. Councilman Sullivan made a motion approving the closure of certain traffic lanes on Crandon Boulevard for the "1996 Gatorade Triathlon" on May 1996. The motion was seconded by' Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The manager notified the Council that the Fourth Annual Health and Fitness Fair will be held on the Village Green on March 9, 1996 from 10:00 a.m. to 2:00 p.m. Page 1 of 3 February 27, 1996 Councilman Llorente expressed his concern regarding the terminology used on the information sign at the entrance of the Village, concerning meeting notices, and requested that proper wording be used in the future. Councilman Llorente briefly discussed Section 4.01 of the Village Charter regarding Council meeting procedures. Vice Mayor Wald requested that a "No Beach Access" sign be placed at the entrance of Ocean Lane Drive and that the speed limit be reduced on that road. Mayor Festa discussed the need for additional garbage containers on the Village Green. 5. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: The following schedule of meetings was presented to the Council and public: Special Village Council Meeting (Land Use Regulations) Thursday, March 7, 1996, 7:00 p.m. Village Council Meeting Tuesday, March 12, 1996, 7:00 p.m. 7. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. Page 2 of 3 February 27, 1996 February 27, 1996 Respec fullypu i mitted: Guido H. nguanzo, Jr., CMC Village rk Approved by the Village Council this 12th day of March, 1996: Jo7in F. Festa Mayor 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 Mt PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, MARCH 7, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7:00 p.m. Present were Councihembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor John Waid, and Mayor John Festa. Councilman Raymond Sullivan was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and David Wolpin of the Village Attorney's Office. Mayor Festa led the Pledge of Allegiance. The following items were discussed by the Council. Vice Mayor Waid made a motion authorizing the Village Clerk to accept a nomination to serve on the Board of Directors of the Florida Association of City Clerks. The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, 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 THE ZONING CODE, AMENDING SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT, REVISING AND PROVIDING FOR SETBACKS, HEIGHT, MINIMUM LOT SJZF, DWELLING UNIT SIZE, LOT DIMENSIONS, PERMUTED USES, PROVIDING FOR VARIANCE, PROVIDING FOR REZONING AND REDESIGNATION OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS TO VILLAGE ZONING DISTRICTS, REZONING COUNTY RU -1 AND RU -4L TO VILLAGE RESIDENTIAL, COUNTY RU -1 TO VILLAGE ESTATE, COUNTY EUM AND RU -1 TO ISLAND RESIDENTIAL, COUNTY RU -1 AND RU -2 TO (VILLAGE) PARKSIDE, PROVIDING ZONING MAP, PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, PENALTY AND AN EFFECTIVE DATE. Building, Zoning and Planning Director John Little and Village Planner Raul Lastra made a brief presentation regarding the proposed land use regulations. Page 1 of 6 March 7, 1996 The mayor opened the public hearing. The following citizens addressed the Council: John Rosser, 300 Redwood Lane; Stanley Price, 701 Brickell Avenue, Miami, representing the property owner of 360 Harbor Drive; Benny Becker, 290 West Mashta Drive; Eddy Alfonso, 711 South Mashta Drive, representing the South Mashta Island Association; and Katherine Slavens, 301 Palmwood Lane. Councilman Llorente made a motion adopting the ordinance, as presented by staff, on first reading. The motion was seconded by Councilman O'Reilly. Mayor Festa offered an amendment to Section 30-5253.1.3 (page 17) of the ordinance as follows: MAXIMUM LOT COVERAGE (Multi -story Residences)35%* , (One-story Residences) 4540%* *Additionally, an increase of up to 5 percent of Lot Coverage is permitted for any Porch. The Festa motion was seconded by Councilman Sime and failed on a 3 - 3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Llorente, Sime and Vice Mayor Waid voted No. Mayor Festa offered an amendment to Section 30-61 of the ordinance by striking the proposed language and inserting the following substitute language: Sec. 30-61. Accessory buildings and uses. (a) Location. Except as provided for below, all accessory buildings may be located up to 50 feet from the front property line without any reduction in the side setback distances. Additionally, the following buildings and structures can extend up to 15 feet from the front: (1) Buildings and structures open on three sides and not exceeding 15 feet in height_ (2) Detached garages not exceeding 15 feet in height with a,finished floor no higher than two feet above the crown of the road. (b) Utility sheds/buildings. Are limited in height to ten, feet and 100 square feet in area. Page 2 of 6 0 March 7, 1996 (c) Prohibited materials. The use of fiberglass, aluminum or other metal sheeting or cover shall be prohibited as a cover for accessory buildings, unless the roofing material is applied to a flat roof and not visible from the street. Accessory Buildings and Uses are subject to the following setback limitations. Village Residential Village Estate Island Residential (Interior) Island Residential (Waterfront) Parkside Residential REAR 5.0' 5.0' 5.0' 5.0' 5.0' SIDE STREET 15.0' 15.0' 7.5' 15.0' 15.0' 15.0' 7.5' INTERIOR SIDE 7,5' 7.5' 15.0' Accessory buildings shall be limited to 500 s.f in area and the maximum wall height shall not exceed 14.0' above the maximum lot elevation. No rooftop access is permitted for any accessory structure located in the rear zone. The Festa motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Mayor Festa offered an amendment to Section 30-568 (page 21) of the ordinance as follows: village Residential village Estate Island Residential (Interior) Island Residential (Waterfront) Parkside Residential FRONT 10.0' 1$20.0' t&20.0' 112Q.0' 1-(5715..0' REa2 10.0' ifr2Q.0' i62Q.0' 1620.0' It Q,.0' zmr, snm 4.0' 4.0' 4.0' 10.0' 4.0' PM= STREET 10.01 10.01 is10 . 0 ' 1-§7.0.0 ' 10.0 ' The Festa motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Page 3 of 6 March 7, 1996 Mayor Festa offered an amendment to Section 30-5253.1.2 (page 16) of the ordinance as follows: 2) PERMITTED ENCROACHMENTS INTO REGULAR SETBACKS The following distances pertain to encroachment setbacks as measured from the front and side street property lines so as to provide certain setbacks,. for the below -listed accessory structures in lieu of those setbacksspecified in paragraph (1)`"Principal Building Placement (Setbacks)," provided above. Village °Residential .Village. Estate Island Residential Parkside Residential PORCHES 10.0' 10.0' 15.0' 10.0' PORTE-COCHERES 10.0' 10.0' 15.0' 10.0' caPORTs 10.0' 10.0'* 15.01 10.0' The maximum width of any porch or combination of porches may not exceed sixty percent (60%) of the average lot width. The Maximum wall height of porches may not exceed 14' above the maximum lot elevation. Carports and porte-cocheres which encroach into the principal building setback are limited to 500 square feet in area and only one such encroachment is permitted per street frontage. The maximum height (to top of structure) of carport and porte-cochereencroachmentsmay not exceed 14' above the maximum lot elevation. Carport encroachments may not form an integral part of the principal building roof structure.; *5' for existing non -elevated homes. The Festa motion was seconded by Councilman O'Reilly and failed on a 3 - 3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sime and Mayor Festa voting Yes. Councilmembers Llorente, Padovan and Vice Mayor Waid voted No. The amended ordinance was adopted on first reading by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Page 4 of 6 March 7, 1996 The clerk announced the second reading of the ordinance for 7:00 p.m. on March 26, 1996. The Council discussed the March 12, 1996 "Straw Ballot for Land Acquisition" special election. Shirley Brill, 550 Ocean Drive, addressed the Council regarding the straw ballot. The following informational items were submitted to the Council: the registration form for Florida League of Cities' Legislative Action Day; a copy of the Bill Baggs Cape Florida State Recreation Area fee schedule; a memorandum from the Huntington's Disease Society of America regarding August 4, 1996 triathlon; a memorandum from Percy Aguila, the Village's financial advisor, regarding debt policy, dated January 10, 1994; a memorandum from the Village's landscape maintenance supervisor, regarding Village Green shade trees, dated February 16, 1996; a letter from Eduardo Benet, Village resident, regarding cellular communication relay stations, dated February 27, 1996; and a letter from Edward Yarnell, Key Biscayne Fourth of July Parade Committee, regarding the relocation of the parade reviewing stands, dated March 4, 1996. Mayor Festa made a motion approving the request of the Fourth of July Parade Committee for the relocation of the parade reviewing stands to 455 Crandon Boulevard. The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting yes. A schedule of future meetings was presented to the Council and public. There being no further business, the meeting was adjourned at 9:20 p.m. Page 5 of 6 Guido H. %£guano, Jr, CMC Village Cler, Approved by the Village Council this 12th day of �r /Jo F..Festa ayor March 7, 1996 IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BYTHE VILLAGE COUNCIL WITH RESPECT TO ANY MAIra 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. Page 6 of 6 MINUTES VILLAGE CONCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 12, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime (arrived at 7:05 p.m.), Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo (arrived at 7:15 p.m:), Village Attorney Richard Weiss, and Assistant to the Village Manager Yocelyn Galiano Gomez (serving as Acting Deputy Village Clerk). 2. INVOCATION: The attorney gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: By unanimous consent, the minutes of the regular meeting of February 13, 1996, the minutes of the continuation meeting of February 27, 1996, the minutes of the special meeting of February 27, 1996, and the minutes of the special meeting of March 7, 1996 were adopted. 5. AGENDA: Councilman Padovan requested that Item 10 -D -1-d be heard as Item 10-A-2. There were no objections. Atthis time, Councilman O'Reilly recognized Dade County Commission candidate Mavel Cruz who briefly addressed the Council and public. Councilman Padovan displayed one of the recently purchased "flag" banners for use on Crandon Boulevard. 6. SPECIAL PRESENTATIONS: Fire Rescue Chief William Huddleston presented the department's first firefighter of the year award to Deputy Fire Rescue Chief John Gilbert. Richard Pollock, district manager of Winn -Dixie Stores, and Robert Sperry, manager of Hyde Park Market, addressed the Council regarding the proposed shopping cart regulation ordinance. 7. PUBLIC COMMENTS: There were no speakers present. Page 1 of 8 March 12, 1996 8. ORDINANCES: The acting deputy clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF Ha VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 2 "ADMI NIS 1IRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE IV, "FINANCE," BY ENACTING SECTION 2-62 "LATE PAYMENT CHARGE, SPECIAL ASSESSMENT IiIFN FOR DELINQUENT SOLID WASTE AND RECYCLING SERVICE FEES," PROVIDING FOR IMPOSITION AND COLLECTION OF SUCH LIENS AND LATE PAYMENT CHARGES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa made a motion adopting the ordinance. The motion, was seconded by Vice Mayor Waid. As recommended by the attorney, Mayor Festa offered the following amendment to Section 2-62(a) of the ordinance: Fees imposed by the Village Council for the collection of solid waste and for the providing of recycling services shall be due and payable not later than the due date indicated upon such bill of the Village. Such due date shall be not later than the 15th day of February for service provided by the Village in the immediately preceding annual period of October 1st of the prior vear to September 30th of the prier current year. The Festa motion was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The amended ordinance was adopted on first reading by a unanimous roll call vote. The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for April 9, 1996 at 7:00 p.m. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF 1HL. VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 30, "ZONING," OF nth VILLAGE CODE BY ENACTING ARTICLE IV, "ALCOHOLIC BEVERAGES," TO PROVIDE FOR THE REGULATION OF HOURS OF SALE OF ALCOHOLIC BEVERAGES, PROVIDING DEFINITIONS, CONTINUING COUNTY ZONING RESTRICTIONS ON LOCATION OF PLACE OF BUSINESS; PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN lift CODE AND AN EFFECTIVE DATE. 0 0 Page 2 of 8 March 12, 1996 David Wolpin, of the Village Attorney's Office, made a presentation to the Council. The following citizens addressed the Council: Tony O'Donnel, 701 Brickell Avenue, Miami; John Thompson, 881 Ocean Drive; Bob Charbonneau, 208 Southeast 9 Street, Fort Lauderdale; Jim Aldridge, 596 Fernwood Road; John Conover, 881 Ocean Drive; Rocco Pace, 177 Ocean Lane Drive; Tom Flynn, 251 Buttonwood Drive; James Brewster, 500 North Mashta Drive; Haydee Archibald, 881 Ocean Drive; Mortimer Fried, 291 Harbor Court; Mark Rothenberger, 24 Crandon Boulevard; Tony Camejo, 151 Crandon Boulevard; Nelson Zambrano, 83 Harbor Drive; John Catalian, 24 Crandon Boulevard; David Swanson, 55 Ocean Lane Drive; Scott Bass, 201 Galen Drive; David Wallace, 55 Ocean Lane Drive; William Hoskin, 177 Ocean Lane Drive; Donald Berg, 200 Ocean Lane Drive; and Linda Brandino, 710 Harbor Drive. Police Chief Michael Flaherty also addressed the Council. After extensive discussion, Councilman Padovan made a motion to table the ordinance until such time as a workshop has been scheduled to further discuss the matter. The motion was seconded by Councilman O'Reilly and adopted by a 5 - 1 - 1 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Vice Mayor Waid votedNo. Councilman Llorente abstained. At this time, Police Chief Flaherty recognized the following members of the Police Department and presented each with an employee recogniztion award: Police Officer Cathy McElhaney; Police Officer Colana Duke; Police Officer Ted Zorsky; Police Dispatcher Claudia Cortes; and Police Dispatcher Francisco Hernandez. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF 111E VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 4.10 OF THE CHARTER OF Hit VILLAGE OF KEY BISCAYNE TO REQUIRE REFERENDUM APPROVAL FOR INCREASING VILLAGE DEBT BY MORE THAN ONE 'MILLION DOLLARS; CREATING SECTION 4.11 IMPOSING AN OVERALL LIMIT ON VILLAGE DEBT; CREATING SECTION 4.12 REQUIRING THAT UNEXPENDED APPROPRIATIONS BE USED TO REDUCE DEBT AND TAXES; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN I'HE CHARTER AND AN EFFECTIVE DATE. Attorney Weiss made a brief presentation to the Council. Page 3 of 8 March 12, 1996 The following residents addressed the Council; James Brewster, 500 North Mashta Drive; Gary Gross, 211 Island Drive; Mortimer Fried, 291 Harbor Court; Michael Kahn, 88I Ocean Drive; Haydee Archibald, 881 Ocean Drive; John Thompson, 881 Ocean Drive; Robert Brookes, 95 West McIntyre Street; Camile Guething, 260 Seaview Drive; Sidney Cooper, 170 Ocean Lane Drive; Louis Alcebo, 425 Grapetree Drive; Joe Rasco, 310 West Heather Drive; Tony Camejo, 151 Crandon Boulevard; and Jim Levitt, 240 Island Drive. Percy Aguila, the Village's financial advisor, also addressed the Council. Councilman Padovan made a motion to table the ordinance until such time as a workshop is scheduled to further discuss the matter. The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The Council also concurred to appoint a committee to study the issue. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REPEALING ORDINANCE NO. 93-19 SO AS TO PERMIT flit VILLAGE TO WITHDRAW ITS CERTIFICATION WITH ME FEDERAL COMMUNICATIONS COMMISSION TO REGULATE BASIC TIER CABLE RATES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. - The mayor opened the public hearing, There were no speakers present. Mayor Festa made a motion adopting the ordinance. The motion was seconded by Councilman Padovan and adopted by a 6 - 0 - 1 roll call vote. The vote was as follows: Councilmembers O'ReiIly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Llorente was absent during the vote. 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 A HISTORIC PRESERVATION GRANT AWARD AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE STATE OF FLORIDA, TO RECEIVE A COMMUNITY EDUCATION GRANT FOR 1 HE, KEY BISCAYNE HERTTAGE TRAIL PROJECT; APPROPRIATING MATCHING FUNDS; PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 8 March 12, 1996 Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 96-3 was adopted by a 5 - 0 2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Waid were absent during the vote. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT, ON BEHALF OF THE VILLAGE, WITH SOUTH MIAMI GRAFIX, MIAMI, FLORIDA, FOR THE PROVISION OF SCANNING SERVICES FOR THE BUILDING, ZONING AND PLANNING DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the 'resolution. The motion was seconded by Councilman Sime. Resolution 96-4 was adopted by a 5 - 0 - 2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Waid were absent during the vote. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers The mayor discussed residents' concerns regarding the Intersection of Crandon Boulevard and Key Colony. Jeffrey Cohen, of the Metro -Dade County Public Works Department, addressed the Council and discussed a recent traffic study of that intersection. Councilman Padovan made a presentation regarding the Key Biscayne Beautication Foundation's recommendations for landscaping of the medians on Ocean Lane Drive. Cecile Sanchez, representing the foundation, addressed the Council. Council Llorente made a motion adopting the recommendations of the Key Biscayne Beautification Foundation. The motion was seconded by Mayor Festa and adopted by a 5 - 1 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman Sime voted No. Vice Mayor Waid was absent during the vote. Mayor Festa made a motion extending the meeting until 11:30 p.m. The motion was seconded by Councilman Sullivan and adopted by a 5 1 - 1 voice vote. The vote was as follows: Councilmembers Lloente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman Sime voted No. Vice Mayor Waid was absent during the vote. Village Attorney. The attorney did not submit a report. Page 5 of 8 March 12, 1996 Village Clerk. The clerk did not submit a report. Village Manager. The manager gave an update on Femwood Road Sidewalk Construction project. The following citizens addressed the Council: Carter Rungi, 735 Femwood Road; Joe Rasca, 310 West Heather Drive; Michael King, 745 Fernwood Road; and Benny Becker, 290 West Mashta Drive Village Engineer Carlos Penin also addressed the Council. Mayor Festa made a motion awarding a contract, in the amount of $126,410.00, to MEF Construction, Miami, Florida, for the construction of Phase 1 of the Fernwood Road sidewalk construction project. The motion was seconded by Councilman Sullivan and adopted by a 6- 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Slily, Sullivan, and Mayor Festa voting Yes: Mayor Festa made a motion awarding a contract, in the amount of $197,790.00, to MEF Construction, Miami, Florida, for the construction of Phase 2 of the Fernwood Road sidewalk construction project. The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Mayor Festa made a motion approving staffs recommendation regarding the color section for the sidewalk. The motion was seconded by Councilman Sime and failed on a 3 - 3 - 1 voice vote. The vote " `as as follows: Councilmembers O'Reilly, Sime and Mayor Festa voting Yes. Councilmembers Llorente, Padovan and Sullivan voted No. Vice Mayor Waid was absent during the vote. Village Engineer Penin gave a brief update regarding the West Mashta Bridge Reconstruction project. The manager announced that a staff workshop has been scheduled for March 19, 1996, at 7:00 p.m., to discuss West Mashta Drive traffic calming. The manager also announced that a staff workshop has been scheduled for March 28. 1006. At 7:00 p.m., to discuss the implementation of the Village's sign regulation code. The manager presented to the Council a copy of the 1996 Community Assistance Grant Program application. Page 6 of 8 March 12, 1996 The manager presented the following informational items: the monthly departmental reports; a letter from Joanquin Urrechaga, Dade County Public Works Department, regarding Crandon Boulevard/Ocean Lane Drive intersection, dated February 15, 1996; a letter from the Chief of Police, to Pedro Hernandez, Dade County Public Works Department, regarding "No Beach Access" signs for Ocean Lane Drive, dated February 28, 1996; a letter from the Village Manager, to apartment/condominium managers, regarding solid waste service, dated March 1, 1996; a memorandum from Sandra Goldstein, Village Resource Volunteer, regarding Baynanza Week, dated March 4, 1996; a copy of an agreement between the Village andPesky Critters dated March 4, 1996; a notice from the Dade Heritage Trust regarding the Cape Florida Lighthouse re -lighting ceremony and gala party dated March 5, 1996; a memorandum from James Decocq, RSMAS Beach Consultant, regarding monthly beach preservation and restoration report, dated March 6, 1996; a letter from the Village Manager, to residents of Fernwood Road, regading Sidewalk Construction Project, dated March 6, 1996; a copy of "Storm Drainage Construction in your Neighborhood" notice; a copy of registration form for Florida League of Cities Legislative Action Day; and a copy of notice to area landscapers regarding dunip site information. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 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 11:35 p.m. Page 7 of 8 Respecp' s. bmitted: Guido H "uanzo, Jr., CMC Villag- Clerk Approved by the Village Council this 9th day of April, 1996: 907L n F. Festa ayor March 12, 1996 IFA PERSON DECIDES TO APPEAL ANYDECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A MEETING OR HEARING, i iAT 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 8 of 8 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 26, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, and Mayor John Festa. Vice Mayor John Waid was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfrnan. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. 4. AGENDA: Councilman Sullivan requested the addition of discussion regarding the March 12, 1996 straw ballot for land acquisition election. Councilman Padovan requested the addition of discussion regarding -sidewalks on Ocean Lane Drive. Councilman Sime requested the addition of discussion concerning an administrative hearing held regarding the Village's Seaquarium litigation matter. Mayor Festa requested the addition of discussion regarding the "Lipton" traffic light on Virginia Key. 5. SPECIAL PRESENTATIONS: There were no special presentations. 6. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the following hearing were sworn -in by the clerk. Hearing Number 95 -0326 -VC -01. Eugene and Diana Stearns, 180 Cape Florida Drive, requested a non-use variance to allow mooring piles at a side setback of seven feet six inches (76") where side setbacks of ten feet (10') are required and a non-use variance for placement of three mooring piles outside of the area indicated by the Dade County Public Works Manual. Building, Zoning and Planning Director John Little stated his recommendation for approval of the application. I The mayor opened the public hearing. Jennifer Steams, 180 Cape Florida Drive, and Richard Binnel, 7801 Northwest 66 Street. Miami, representing the applicant, addressed the Council. Page 1 of 7 March 26, 1996 Councilman Sullivan made a motion adopting staffs recommendation. The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote. The vote was as follows; Councilmembers Llorente, O'ReilIy, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 6, "BUILDING AND BUILDING REGULATIONS," OF THE VILLAGE CODE BY ENACTING SECTION 6-3 "BUILDING PERMIT FEES" TO PROVIDE FOR FEE SCHEDULE FOR BUILDING PERMIT FEES; AMENDING CHAPTER 30 "ZONING" BY AMENDING ARTICLE 1 "IN GENERAL" BY ENACTING SECTION 30-1 "ZONING AND PLANNING APPLICATION FEES," TO PROVIDE FEE SCHEDULE FOR ZONING AND PLANNING APPLICATIONS; PROVIDING FOR SAVINGS CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The mayor opened a public hearing. Carter McDowell, 701 Brickell Avenue, Miami, representing the Ocean Club and Grand Bay Resort and Residences projects, addressed the Council Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote. The vote was as follows; Councilmembers Llorente, O'ReiIly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for April 9, 1996 at 7:00 p.m. The clerk read the following ordinance,on second reading, by title; AN ORDINANCE OF THE VILLAGE OF. KEY BISCAYNE, FLORIDA; AMENDING THE ZONING CODE, AMENDING SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT, REVISING AND PROVIDING FOR SETBACKS, HEIGHT, MINIMUM LOT SIZE, DWELLING UNIT SIZE, LOT DIMENSIONS, PERMITTED USES, PROVIDING FOR VARIANCE, PROVIDING FOR REZONING AND REDESIGNATION OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS TO VILLAGE ZONING DISTRICTS, REZONING COUNTY RU -1 AND RU -4L TO VILLAGE RESIDENTIAL, COUNTY RU -1 TO VILLAGE ESTATE, COUNTY EUM AND RU -1 TO ISLAND RESIDENTIAL, COUNTY RU --1 AND RU -2 TO (VILLAGE) PARKSIDE, PROVIDING ZONING MAP, PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, PENALTY AND AN EFFECTIVE DATE. Page2of7 0 March 26, 1996 Building, Zoning and Planning Director Little and Village Planner Raul Lastra presented recommendations to the Council. The mayor opened the public hearing. There were no speakers present. Mayor Festa made a motion adopting the ordinance. The motion was seconded by Councilman Padovan. Councilman O'Reilly made a motion adopting staff's recommendations. The motion was seconded by Councilman Sullivan. It was the consensus of the Council that a separate vote be taken on each of staff's recommendations. Definitions Councilman Sime made a motion adopting staffs recommendation. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Permitted Encroachments Councilman Sime made a motion adopting staffs recommendation. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Accessory Buildings and Uses Councilman Llorente made a motion limiting the square footage of accessory buildings to 300 square feet. The motion was seconded by Councilman Sullivan and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Mayor Festa made a motion adopting staffs recommendation that. utility sheds may not be located closer than fifty feet from any front or side street property line, that utility sheds may not exceed 100 square feet, that utility sheds be limited to ten feet above the maximum flood elevation, and that only one utility shed be permitted per lot. The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Page 3 of 7 March 26, 1996 Councilman Padovan made a motion limiting the distance between accessory buildings and principle buildings to five feet. The motion was seconded by Councilman Sullivan and adopted by a 4 2 roil call vote. The vote was as follows: Councilmembers O"Reilly; Padovan, Sullivan, and Mayor Festa voting Yes. Councilmembers Llorente and Sime voted No. Mayor Festa made a motion adopting staff's recommendation requiring that accessory buildings be designed in a style and construetion method in keeping with that of the principle structure. The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote. The vote, was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Sime made a motion adopting staff's recommendation that the width of accessory buildings parallel to the front or rear setbacks be limited to twenty feet. The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Llorente made a motion that enclosed accessory buildings in the front setback be limited to 300 square feet. The motion was seconded by Mayor Festa and adopted by a 5 - 1 roll call vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman Sime voted No. Mayor Festa made a motion amending Section 30-53.1 of the ordinance by limiting the maximum lot coverage for one story residences to forty percent. The motion was seconded by Councilman Sullivan and failed on a 2 - 4 roll call vote. The vote was as follows: Councilman Sullivan and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, and Sime voted No. Mayor Festa made a motion to Section 30-59(b) of the ordinance as follows: "Pools. Swimming pools shall be subject to the following setback limitations and shall not exceed a height greater than that allowed for maximum lot elevation when located within the principle building setbacks?' The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote. The vote was as follows:Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Mayor Festa made a motion permitting carports in the Village Residential and Park Residential districts be at five feet from front and side street setbacks for non -elevated residences and elevated residences as long as grade of driveway is no greater than one foot above the crown of the road. The motion was seconded by Councilman O'Reilly and failed on a 2 - 4 roll call vote. The vote was as follows: Councilman O'Reilly and Mayor Festa voting Yes. Councilmembers Llorente, Padovan, Sime, and Sullivan voted No. Page 4 of 7 March 26, 1996 The amended ordinance was adopted by a 6 - 0 rolI call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. By consensus, the Council directed the attorney and staff to prepare an ordinance addressing the issue of view corridors along the waterfront properties taking into consideration accessory structures, wall heights, sight lines, relationship of existing buildings, and grade for waterfront view corridors. 8. 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 GRANT AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE DADE HERITAGE TRUST, FOR THE JULY 27,1996 CAPE FLORIDA LIGHTHOUSE RELIGHTING CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 96-5 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. \ 9. REPORTS AND RECOMMENDATIONS: Mayor Festa requested an update regarding the relocation of the Kennedy -Nixon Villa The mayor requested an update regarding the L'Esplanade property. Building, Zoning and Planning Director Little gave a brief report. Councilman Llorente introduced resident Carlos Fernandez, 615 Harbor Circle, who addressed the Council regarding the proposed sidewalks for Harbor Drive. Jim Taintor, 355 Harbor Drive, and Martha Broucek, 170 Ocean Lane Drive, also addressed the Council. Village Engineer Carlos Penin participated in discussions with the Council. Councilman Padovan also discussed the need to study traffic and sidewalks on Ocean Lane Drive. Councilman Sullivan discussed the impact of the results of the March 12, 1996 "Straw Ballot on Land Acquisition" special election on the Council's goals and objectives. The Council concurred to schedule a workshop to further discuss the matter. Page 5 of 7 March 26, 1996 Councilman Sime provided the Council with an update as to the proceedings at an administrative hearing regarding the Seaquarium litigation matter: Mayor Festa briefly discussed the traffic light installed on the Rickenbacker Causeway at Virginia Key for the Lipton Tournament. The Council briefly discussed the selection of a color for the sidewalk construction project. Councilman Llorente made a motion selecting green. The motion was seconded by Councilman O'Reilly and failed on a 1 - 5 voice vote. The vote was as follows: Councilman O'Reilly voting Yes: Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa voted No. Councilman Padovan made a motion directing staff to select a color. The motion was seconded by Councilman Sime and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Councilman Sullivan voted No. The manager submitted the following informational items: a letter from the Memorial Day Committee, regarding use of Village Green for Memorial Day ceremony, dated March 15, 1996; a memorandum from David Leahy, Dade County Supervisor of Elections, regarding 1996 Fall election deadlines, dated March 18. 1996; and a notice from Metropolitan Dade County regarding skating on Powell Bridge ordinance and resolution. hearings. 10. OTHER BUSINESS/GENERAL DISCUSSION: The mayor called for a workshop on Tuesday, April 16, 1996, at 7:00 p.m., to discuss the proposed alcoholic beverage regulation ordinance. The attorney requested that the Council meet in an executive session on April 9, 1996 at 5:30 p.m. to discuss the negotiations between the Village and the Police Benevolent Association regarding a collective bargaining agreement.. 11. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. 12. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. Page 6 of 7 March 26, 1996 ctful& submitted: Guido H. Village 'guano, Jr., CMC Approved by the Village Council this 11th day of June, 1996: hn F. Festa Mayor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A 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. Page 7 of 7 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 9, 1996, 7:00 P.M. 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor John Waid, and Mayor John Festa. Councilman Raymond Sullivan was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attomey Richard Weiss. 2. INVOCATION: Attorney Weiss gave an invocation. 3 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the regular meeting of March 12, 1996 were adopted by unanimous consent. 5. AGENDA: Councilman Sime introduced Dade County Commission candidate Jimmy Morales who briefly addressed the Council. Councilman Sime requested that Items 11-A-3 and 11-A-4 be heard at the same time. Councilman O'Reilly requested that Items 11-A-1 and 11-A-7 be heard at the same time. Mayor Festa requested that Item 11-A-2 be heard upon the arrival of Dade County Expressway Authority Chairman Sonny Holtzman. Councilman Padovan requested that Item 11-D-6 be heard as Item 11-A-1. Vice Mayor Waid requested that the workshop scheduled for April 16, 1996, to discuss proposed alcoholic beverage regulations, be deferred until such time as staff has further studied the matter. There were no objections to the agenda changes. Page 1 of 11 April 9, 1996 6. SPECIAL PRESENTATIONS: Jerry Chiocca and Michael Futterman, of Rachiin, Cohen and Holtz Certified Public Accountants, the Village's auditing firm, made a presentation to the Council regarding the 1995 Comprehensive Annual Financial Report. 7 PUBLIC COMMENTS: There were no speakers present. Mayor Festa made a motion to hear Item II -A-1, regarding a proposed golf cart ordinance, at this time. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Emergency Services Director Michael Flaherty made apresentation to the Council regarditg. a proposed ordinance permitting the use of golf carts on Village streets. The following residents addressed the Council: Rafael Portela, 652 Ridgewood Road; Tim Stickney, 285 Woodcrest Road; Victoria Portela, 652 Ridgewood Road; and Jorge Portela, 654 Hampton Lane. By unanimous consent, the Council directed the attorney to review the draft ordinance presented by the emergency services director and prepare an ordinance for first reading. Mayor Festa discussed a Dade County proposal regarding the increase of toll fees on the Rickenbacker Causeway. The mayor introduced Sonny Holtuuan, chairman of the Dade County Expressway Authority, who made a presentation to the Council Helen White, 241 East Enid Drive, addressed the Council and discussed. the history of the Rickenbacker Causeway.. Ed Meyer, 100 Sunrise Drive, also addressed the. Council. Mayor Festa made a motion appointing Ms. White to serve as a liaison with the county on this matter. The motion was seconded by Vice Mayor Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sine, Vice Mayor Wad; and Mayor Festa voting Yes. Councilman O'Reilly made a motion directing the attorney to provide legal assistance on this matter to Ms. White. The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Page 2 of 11 April 9, 1996 8. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the following hearing were sworn -in by the clerk. Hearing Number 96 -0409 -SA -01: The Square at Key Biscayne Condominium Association, the applicant, 260 Crandon Boulevard, requested the following: approval of a uniform sign graphics criteria; a non-use variance to allow three additional directory signs; a non-use variance to allow two four square foot store -front window signs per unit; and an extension of amortization period for existing monument sign. Building, Zoning and Planning Director John Little stated his recommendations for approval subject to the following conditions: 1) Requested Colonnade Sign Area for each Unit. No more than one square foot for each one lineal foot of building frontage; 2) The requested colonnade signs shall be placed in no more than one line; 3) Number of Signs per Unit. No more than one per ground or second floor establishment which has its own frontage and entrance facing a public street; and 4) Removal of existing monumental sign at entrance. The mayor opened the public hearing. Bob Bristols, 610 Ridgewood Road, representing the applicant, addressed the Council. Glen Abramson, 795 Harbor Drive, also addressed the Council. Councilman Llorente made a motion adopting staffs recommendation. The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. 9. ORDINANCES: 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 ENACTING SECTION 2-62 "LATE PAYMENT CHARGE, SPECIAL ASSESSMENT LIEN FOR DELINQUENT SOLID WASTE AND RECYCLING SERVICE FEES," PROVIDING FOR IMPOSITION AND COLLECTION OF SUCH LIENS AND LATE PAYMENT CHARGES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 3 of 11 April 9, 1996 The mayor opened the public hearing. There were no speakers present. Mayor Festa made a motion adopting the ordinance on second reading. The motion was seconded by Vice Mayor Waid and Ordinance 96-3 was adopted by a 5 - 0 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Sime, Vice Mayor Waid, and Mayor Festavoting Yes.. Councilman O'Reilly was absent during the vote, The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF IRE VILLAGE CODE BY ENACTING SECTION 6-3 "BUILDING PERMIT FEES" TO PROVIDE FOR FEE SCHEDULE FOR BUILDING PERMIT FEES; AMENDING CHAPTER 30 "ZONING" BY AMENDING ARTICLE I "IN GENERAL" BY ENACTING SECTION 30-1 "ZONING AND PLANNING APPLICATION FEES," TO PROVIDE FEE SCHEDULE FOR ZONING AND PLANNING APPLICATIONS; PROVIDING FOR SAVINGS CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE' DATE. The mayor opened the public hearing. There were no speakers present. Mayor Festa made a motion adopting the ordinance on second reading. The motion was seconded by Councilman. Sime and Ordinance 96-4 was adopted by a 6 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. 10. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AND ADOPTING BUILDING, ZONING AND PLANNING FEE SCHEDULES; PROVIDING FOR INCREASE IN THE BASE BUILDING PERMIT FEE; PROVIDING FOR AN EFFECTIVE DATE. The manager and Building, Zoning and Planning Director Little made a brief presentation regarding the proposed fee schedules. After brief discussion, Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Llorente. Mayor Festa offered an amendment to Page 5 of the fee schedule as follows: Page 4 of 11 0 Apri19, 1996 NEW BUILDINGS OR ADDITIONS For each 100 square feet or fractional part of floor area: Single Family and Duplex - Group I up to 1,000 s.f. $8.40 Storage & Industrial Use of Group E & F occupancies up to 1,000 s.f. 8,40 Each additional 100 s.f. thereafter 18.25 2390 Shade Houses .30 Greenhouses & building for agricultural uses (non- residential) when located on the premises so used 5.25 Screen enclosures and trailer addition 6.30 All others up to 1,000 s.f. 9.45 Each additional 100 s.f. thereafter 18.25 25.00 The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Vice Mayor Waid made a motion to reconsider the Festa amendment. The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Sime offered an amendment to Page 5 of the fee schedule as follows: 3. NEW BUILDINGS OR ADDITIONS For each 100 square feet or fractional part of floor area: Single Family and Duplex - Group I up to 1,000 s.f. $8.40 Storage & Industrial Use of Group E & F occupancies up to 1,000 s.f. 8 40 Page sof11 April 9, 1996 Each additional 100 s.£ thereafter 18.00 Shade Houses .30. Greenhouses & building for agricultural uses (non - residential) when located on the premises so used 5.25 Screen enclosures and trailer addition 6.30 All others up to 1,000 s.f. 9.45 Each additional 100 s.f. thereafter 188.00 18.25 The motion was seconded by Vice Mayor Waid and adopted by a 5 - 1 voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sime, and Vice Mayor Waid voting Yes. Mayor Festa voted No. Resolution 96-6 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes, The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;, REQUESTING THE 1996 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. Councilman Sime made a motion adopting the resolution. The motion was seconded by Mayor Festa. Councilman O'Reilly made a motion amending Section 1 of the resolution as follows: Section 1. That the Village Council requests that the Legislature of the State of Florida provide adequate annual funding to carry out a state-wide comprehensive beach management program to protect Florida's rcmaining pristine beaches and repair those that are severely damaged and further that the legislature consider the Department of Environmental Protection's 1996-1997 budget request of $36.8 million. Page 6 of 11 April 9, 1996 The O'Reilly motion was seconded by Mayor Festa. Councilman Sime made a motion to table the resolution until immediately following the presentation of Item 11-A-3. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING STATEWIDE MUTUAL AID AGREEMENT AND MODIFICATION NUMBER 1 TO SAID STATEWIDE MUTUAL AID AGREEMENT, PROVIDING FOR MUTUAL AID IN DISASTERS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman O'Reilly and Resolution 96-8 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. 0 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH POLLUTION ELIMINATION CORPORATION (PELCO), MIANII, FLORIDA, FOR THE OPERATION AND MAINTENANCE OF THE VILLAGE'S STORMWATER SEWER PUMPING STATIONS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion deferring consideration of the resolution until a future date. The motion was seconded by Councilman Padovan and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Vice Mayor Waid made a motion to reconsider the Festa motion. There was no second. The clerk read the following resolution by title: A RESOLUTION OF IHE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING A DONATION IN THE AMOUNT OF $3,500.00 FROM MILLER & SOLOMON GENERAL CONTRACTORS, INC. AND $1,789.84 FROM MARTIN MARGOLIS FOR THE PURCHASE OF AN EQUIPMENT TRAILER FOR THE FIRE RESCUE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Page 7of11 Apri19, 1996 Fire Rescue Chief William Huddleston made a brief presentation to the Council. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime and Resolution 96-9 was adopted by a 5 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Vice Mayor Waid was absent during the vote. 11. REPORTS AND RECOMMENDATIONS: The following reports were discussed: Mayor and Councilmembers. Councilman Sime introduced Sandra Goldstein, the Village's beach resource volunteer, who made a presentation regarding the April 13, 1996 Baynanza Dune. Planting and Beach Education program. At this time, the Council reconsidered the following resolution: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE 1996 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR 1'HE 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. The O'Reilly amendment, striking "remaining pristine" from Section l of the resolution, was adopted by a 6 - 0 voice vote. The vote was as follows: Councihmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting. Yes. Resolution 96-7, as amended, was adopted by a 6 - 0. voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. By consensus, the Council authorized that the Village become a member of the Florida Shore and Beach Association. Councilman Padovan discussed the need for a proposed amendment to the Village Code regarding the extension of the enforcement period of signage requirements for commercial signs within the Village. The following residents addressed the Council: Glen Abramson, 795 Harbor Drive; Tim Stiekney, 104 Crandon Boulevard, representing the Key Executive Building; James Pilafian, 180 Crandon Boulevard; and Jeff Krell, 632 Crandon Boulevard. Page 8 of 11 April9, 1996 Village Planner Raul Lastra addressed the Council also addressed the Council. It was the consensus of the Council that the attorney prepare an ordinance addressing this matter. Councilman Sime discussed the need for a voter registration drive in the Village. By consensus, the Council directed the clerk to schedule a voter registration drive for May 9 - 11, 1996. Mayor Festa discussed the establishment of a Financial Policy Committee and appointed Vice Mayor Waid as chairman of the committee. The following residents were also appointed to the committee: Gerald Broucek; Julio Carillo; Sam Davitian; Ron Drucker; Bill Hodgeson; Robert Maggs; Joe Rasco; John Thomson; and Onofre Torres. Martha Broucek, 170 Ocean Lane Drive, addressed the Council regarding the membership of the committee. Village Attorney. The attorney did not submit a report. rte, Village Clerk. The clerk reported that the mayor had issued a proclamation recognizing March 22, 1996 as Mast Academy Day. Vice Mayor Waid made a motion accepting the certification of the March 12, 1996 "Straw Ballot for Land Acquisition" Special Election results as presented by the clerk. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmember Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Mayor Festa made a motion authoring travel for the clerk to attend the 50th Annual International Institute of Municipal Clerks' Conference to be held in Albuquerque, New Mexico, on May 18 - 24, 1996. The motion was seconded by ViceMayorWaid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Village Manager. The manager submitted a copy of the 1996 Community Assistance Grant Program application form for the Council's review. The manager recommended the extension of the following annual contracts: landscaping maintenance (U.S. Lawns, Miami, Florida) and beach cleaning (Universal Beach Service, Delray Beach, Florida). Councilman Sime made a motion renewing the contracts. The motion was seconded by Vice Mayor Waid and adopted by a 5 - 0 - 1 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Page 9ofll April 9, 1996 The manager announced that a ceremony will be held on Friday, June 14, 1996, at 5:00 p.m., on the Village Green, for the dedication of the green's flagpoles and a commemoration of the Village's fifth anniversary of incorporation. Councilman Padovan made a motion awarding a contract in the amount of $39,800.00 to Power Depot Inc., Miami, Florida, for the purchase of an emergency generator. The motion was seconded by Mayor Festa and adopted by a 5 - 0 - 1 voice vote. The vote was as follows;, Counciimembers O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Llorente was absent during the vote. The manager and Village Planner Lastra gave an update on the progress of projects on the Village Green. The manager gave an update on the Ocean LaneDriveand Femwood Road Sidewalk capital projects. The manager submitted the following informational items: the monthly departmental reports; the Key Biscayne Chamber of Commerce's March 1996 monthly report; a letter from James Leone, Metropolitan Dade County Public Works Department, to resident Crizana Ionescu, regarding the Crandon Boulevard and Key Colony intersection, dated March 14, 1996; a letter from Lynn Whisenhunt, Adelphia Cable Communications, regarding cable television rates, dated March 20, 1996; and a letter from C. Wayne Thomas, United States Department of Commerce, regarding reimbursement of monies in the amount of $60,532.00 in connection with the Holiday Colony stormwater sewer project, dated March 27, 1996. 12. OTHER BUSINESS/GENERAL DISCUSSION: The Council scheduled a workshop meeting for Tuesday, April 23, 1996 to discuss the issue of sanitary sewers. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 14. ADJOURNMENT: The meeting was adjourned at 10:50 p.m. Page 10 of 11 April 9, 1996 Guido H. guanzo, Jr., CMC Village k Approved by the Village Council this 14th day of May, 1996: John F. Festa ;Mayor 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 11 of 11 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 23, 1996 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 Raul Llorente, Hugh O'Reilly (arrived at 7:05 p.m.), Michele Padovan, Raymond Sullivan, (arrived at 7:10 p.m.), Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. 4. AGENDA: Councilman Llorente requested the addition of a resolution, regarding golf carts on municipal streets, as Item 8-B. There was no objection to the agenda change. 7. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE BY AMENDING SECTION 28-11 TO PROVIDE FOR AN EXTENDED PERIOD OF TIME IN WHICH TO CONFORM WITH THE PROVISIONS OF CHAPTER 28; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The mayor opened a public hearing. Jeff Krell, 575 Sabal Palm Drive, representing the Key Biscayne Chamber of Commerce, and Timothy Stickney,104 Crandon Boulevard, representing the Key Executive Building, addressed the Council. Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Vice Mayor Waid. Vice Mayor Waid offered an amendment to Section 1 of the ordinance by striking "November 1" and inserting "December 31". The motion was seconded by Mayor Festa and adopted bya 5 - 1 Page 1 of 4 April 23, 1996 roll call vote. The vote was as follows: Couneilmembers Llorente, O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Sullivan voted No. The amended Festa motion was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Sullivan voted No. The attorney and Building, Zoning and Planning Director John Little participated in discussions with the Council: The clerk announced second reading of the ordinance for Tuesday, May 14, 1996, at 7:00 p.m. 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 AGREEMENT WITH POLLUTION ELIMINATION CORPORATION (PELCO), MIAMI, FLORIDA, FOR THE OPERATION AND MAINTENANCE OF THE VILLAGE'S STORMWATER SEWER PUMPING STATIONS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motionadopting the resolution. The motion was seconded by Vice Mayor Waid. Resolution 96-10 was adopted by a 6 - 0 voice vote. The vote was as follows: Couneihnembers LIorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO ENACT LEGISLATION PERMITTING LOCAL MUNICIPALITIES TO ALLOW USAGE OF GOLF CARTS ON VILLAGE STREETS UNDER CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 96-11 was adopted by a 6 - 0 voice vote. Theev°ole was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Page 2 of 4 0 Apri123, 1996 9. REPORTS AND RECOMMENDATIONS: The Council discussed the seating arrangement on the dais as per Councilman Llorente's memorandum of April 9, 1996. The mayor stated his decision that seating on the dais remain as in its present condition. Councilman Llorente made a motion overruling the mayor's decision. The motion was seconded by Vice Mayor Waid and failed on a 3 - 3 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly and Vice Mayor Waid voting Yes. Councilmembers Padovan, Sullivan and Mayor Festa voted No. Vice Mayor Waid made a motion that the Council seating be determined on a random basis rather than in alphabetical order. The motion was seconded by Councilman Llorenteand failed on 2 - 4 voice vote. The vote was as follows: Councilman Llorente and Vice Mayor Waid voting Yes. Councilmembers O'Reilly, Padovan, Sullivan, and Mayor Festa voted No. Mayor Festa made a motion authorizing the expenditures of funds, not to exceed $25,000.00, for the purchase and installation of additional lighting on the Village Green. The motion was seconded by Vice Mayor Waid and adopted by a 6 - 0 voice vote. the vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The manager gave a brief update on the construction of the stormwater project. 10. OTHER BUSINESS/GENERAL DISCUSSIONS: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. 12. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. Page 3 of 4 Approved by the Village Council this 14th day of May, 1996: April23, 1996 Guido H. In uanzo, Jr., CMC Village C Ji n F. Festa ayor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYM4TTER 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. Page 4 of 4 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 23, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7:45 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger and Village Clerk Guido Inguanzo. The mayor welcomed the public to the workshop to discuss the issue of sanitary sewers. The manager and Village Engineer Carlos Penin made a brief presentation to the Council. The following participated in the discussions with the Council and public: Dick Smith, Administrator, Florida Department of Environmental Protection; Bill Grant, Deputy Director, Miami -Dade Water and Sewer Department; Vince Arrebola, Water and Sewer Division Chief, Dade County Department of Environmental Resources Management; and John Lindgren, Plumbing Inspector, Village of Key Biscayne. The following residents also participated in the discussions with the Council: Mortimer Fried, 291 Harbor Court; Haydee Archibald, 881 Ocean Drive; Molly Baringer, 355 Beechwood Drive; Michael King, 745 Femwood Road; Garver Wilson, 609 Ocean Drive; Carol Mullen O'Leary, 444 Femwood Road; Guy Smith, 701 Femwood Road; Ward Rathbone, 275 West Mashta Drive; Kim Newlin, 755 Allendale Road; Martha Broucek, 170 Ocean Lane Drive; and Dan Morrsion, 797 Glenridge Road. The meeting was adjourned at 10:15 p.m.. Page 1 of 2 April 23, 1996 Respectf 1 ub tted: Guido H. guano, Jr., CMC Village Approved by the Village Council this 14th day of May, 1996: 3 Join F. Festa tY 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. Page 2 of 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 14, 1996, 7:00 P.M. 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 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 regular meeting of April 9, 1996, the minutes of the special meeting of April 23, 1996, and the minutes of the workshop of April 23, 1996 were adopted by unanimous consent. 5. AGENDA: Councilman Sime requested that Item 10-A-6, regarding a community center presentation, be heard as a special presentation item. Councilman Llorente introduced Mr. Armando Lacasa, a candidate for the Dade County Commission, who briefly addressed the Council and public. Councilman Padovan announced that the Dade County League of Cities will be conducting a workshop on the "Role of Elected Officials" at Village Hall on Monday, May 20, 1996, at 7:00 p.m. Councilman Llorente requested the addition of discussion regarding discount passes for residents at the Bill Baggs Cape Florida State Recreation Area as Item 10-A-10. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Alan Fein, 525 Allendale Road, representing a citizens' group advocating the construction of a community center, briefly addressed the Council. The mayor announced that he will schedule a workshop for the Council and public to further discuss the matter. Page 1 of 8 May 14, 1996 Pedro Hernandez, acting director of Dade County's Public Works Department, made a presentation to the Council regarding the traffic light installed on Virginia Key (intersection of Rickenbacker Causeway and National Oceanic Atmospheric Adnunistration(NOAA)/Rosensteil School of Marine and Atmospheric Science)(RSMAS). The following citizens addressed the Council: James Brewster, 500 North Mashta Drive; Kim Newlin, 755 Allendale Road; Jean Smith, NOAA; Peter Ortner, NOAA; Alina Szsriant, RSMAS, Virginia Newell, RSMAS Linda Bads, MAST Academy; Hany Vernon, 100 Island. Drive; and Shirley Brill, 550 Ocean Drive. Councilman Padovan made a motion granting Council consent for the installation of the traffic light pursuant to county studies and technical data indicating a need for the traffic light. The motion was seconded by Mayor Festa and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa votingYes. Councilmembers Sime and Sullivan voting No. 7. PUBLIC COMMENTS: There were no speakers present. 8. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE CODE THE VILLAGE OF KEY BISCAYNE BY AMENDING SECTION 28-11 TO PROVIDE FOR AN EXTENDED PERIOD OF TIME IN WHICH TO CONFORM WITH THE PROVISIONS OF CHAPTER 28; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE, DATE. Mayor Festa opened the public hearing. The following citizens addressed the Council: Timothy Stickney, representing the Key Executive Building, 104 Crandon Boulevard; Jeff ICrell, representing the Key Biscayne Chamber of Commerce, 604 Crandon Boulevard; James Brewster, 500 North Mashta Drive; Martha Broucek, 170 Ocean Lane Drive; Mike Rubin, Key Shopping Center Shopping Center, 610 Crandon Boulevard; and Robert Brookes, representing SunTrust Bank, 95 West McIntyre Street. Councilman Llorente made a motion adopting the ordinance. The motion was seconded by Vice Mayor Waid Mayor Festa made a motion amending Section 1 of the ordinance as follows: Page 2 of 8 Section 28-11. Legal nonconforming Signs. May 14, 1996 (a) Amortization of 1993 Sign Code Nonconformities. Any Sign that lawfully existed at the time this chapter [Ordinance 93-4] became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto, and that all such nonconforming signs shall be completely removed from the premises or made to conform by June 15 December 31, 1996. If the ownerofa Sign can document the facts that (1) the Sign was installed or renovated after January 1, 1990, (2) the Sign is in sound condition, and (3) the cost of such sign or renovation exceeded $3,000.00, the Council may extend the amortization period up to May 1, 1998. Provided that one non -conforming sign per establishment may remain until December 31. 1996. The motion was seconded by Councilman Padovan and failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers Sime, Sullivan and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Waid voted No. The ordinance was adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Sullivan voting No. 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 AGREEMENT WITH RACHLIN & COHEN & HOLTZ CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS, CORAL GABLES, FLORIDA, FOR THE PERFORMANCE OF FINANCIAL AND COMPLIANCE AUDITS OF VILLAGE FINANCIAL STATEMENTS; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sullivan made a motion adopting the resolution. The motion was seconded by Councilman Padovan. There was extensive Council discussion regarding the resolution. Vice Mayor Waid made a motion to defer consideration of the resolution. The motion was seconded by Councilman Lloieute and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Vice Mayor Waid voting Yes. Councilman Sullivan and Mayor Festa voting No. Councilman Sullivan excused himself from the meeting at 9:05 p.m. Page 3 of 8 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 12 THROUGH MAY 18, 1996 AS NATIONAL POLICE WEEK; PROVIDING. FOR AN EFFECTIVE, DATE. Vice Mayor Wald made a motion adopting the resolution. The motion was seconded by Mayor Festa and Resolution 96-12 was adopted by a 6- 0 voice vote. The vote was as follows: Councilnxembers Llorente, O'Reilly, Padovan, Sime,Vice Mayor Wald, and Mayor Festa voting Yes. The clerk •read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING 1 HE GRANT OF EASEMENT FROM AWL KEY ASSOCIATES TO THE VILLAGE FOR THE PURPOSE OF PROVIDING ACCESS FORME VILLAGE AND PUBLIC FROM EAST HEATHER DRIVE TO THE PUBLIC BEACH ABUTTING THE ATLANTIC OCEAN; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF 1 HE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE GRANT OF EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. Carter McDowell, representing the Grand Bay Resort and Residence, addressed the Council. Village Planner Raul Lastra and Building, Zoning and Planning Director John Little also addressed the Council. Resolution 96-13 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid. and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF 1 H VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE GRANT OF EASEMENT FROM AWL KEY ASSOCIATES TO THE VILLAGE FOR THE PURPOSE OF PROVIDING A BUS STOP FOR THE VILLAGE AND PUBLIC LOCATED ON THE, SOUTHEAST CORNER OF EAST HEA 1'H1iR DRIVE AND CRANDON BOULEVARD; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE GRANT OF Page4of8 0 May 14, 1996 EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adoptingthe resolution. The motion was seconded by Vice Mayor Waid and Resolution 96-14 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH ACCESS PROMENADE" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE DEDICATION AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Village Attorney Stephen Helfnian discussed technical amendments to the dedication agreement. Carter McDowell, representing the Ocean Club, addressed the Council. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime and Resolution 96-15 was adopted by a 6 - 0 voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Mayor Festa made a motion accepting a contribution from the developer of the Ocean Club project for the development of the dedicated land. The motion was seconded by Vice Mayor Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH PARK" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF i'HE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD [HE DEDICATION AGREEMENT IN 1HE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Page 5 of 8 Attorney Helfrnan discussed technical amendments to the dedication agreement. Carter McDowell and John Hinson, representing the Ocean Club, addressed the Council. Councilman Padovan made a motion adopting the resolution with the amended dedication agreement. The motion was seconded by Councilman Sime. Councilman O'Reilly offered an amendment to the dedication agreement inserting "passive" to identify the uses of the beach park, The motion was seconded by Councilman Llorente Attorney Helfman advised the Council that a re -advertising of the zoning hearing would be required to amend the dedication agreement for that purpose. The amendment failed on a 3 - 3 roll call vote. The vote was as -follows: Councilmembers . Llorente, O'Reilly and' Vice Mayor Waid voting Yes. Councilmembers Padovan, Sime and Mayor Festa voting No. Resolution 96-16 was adopted by a 4 - 2 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Councihnan Llorente and Vice Mayor Waid voting No. At this time, The planner and Mr. Hinson made a presentation regarding proposed improvements for the proposed Village Lake Park to be dedicated to the Village at a future date. Councilman Sime made a motion accepting the modifications to the development of the lake park as presented by staff and the Ocean Club project. The motion was seconded by Councilman Padovan and adopted by a 4 - 0 - 2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Waid were absent during the vote. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE INCLUSION OF TILE VILLAGE OF KEY BISCAYNE SPECIFIC PROJECT PROPOSAL(S) WITHIN THE DADE COUNTY PARKS,. RECREATION, BEACHES AND YOUTH FACJL1TLES MEASURE OF 1996 (SAFE NEIGHBORHOOD PARKS AC:1) AND SUPPORTING PLACING THE MEASURE ON THE 1996 COUNTY BALLOT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime and Resolution 96-17 was adopted by a 4 - 0 - 2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Waid were absent during the vote. l Page 6 of 8 0 May 14, 1996 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. At the request of Councilman Sullivan, Harry Vernon, 100 Island Drive, addressed the Council regarding canal circulation on the island. The Council directed the manager and attorney to prepare a study on this matter and report to the Council at a future date. Councilman Padovan discussed the Fernwood Road sidewalk project. Michael King, 475 Fernwood Road, addressed the Council. Mayor Festa made a motion to extend the meeting until 11:15 p.m. The motion was seconded by Councilman O'Reilly and adopted by a 5 - 1 voice vote. Waid no. There was brief discussion regarding the adoption of legislation by the Florida Legislature regarding the permitted use of golf carts on municipal streets. The Council discussed scheduling future meetings on Thursday nights rather than on Tuesday nights. The meeting was recessed at 11:15 p.m. and scheduled to resume at 7:00 p.m. on Thursday, May 16, 1996. Page 7 of 8 May 14, 1996 uido H. In: anzo, Jr., CMC Village Cle Approved by the Village Council this Ilth day of June, 1996: 9. 3-Leit hnF.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 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 8 of 8 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, MAY 16, 1996 (CONTINUATION OF MAY 14, 1996 MEETING) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7:10 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. Mayor Festa led the Pledge of Allegiance. Councilman Padovan requested that a town meeting be scheduled to hear public input regarding the Village's capital improvement program. The mayor discussed the sale of shirts with the Village seal with proceeds benefiting community organizations. It was the consensus of the Council that interested organizations contact the Village regarding this matter. Councilman Llorente discussed an initiative to develop an annual pass for Key Biscayne residents to use the Cape Florida State Recreation Area. The Council directed the manager to study the matter. Guy Smith, 701 Fernwood Road, addressed the Council. Emergency Services Director Michael Flaherty and Deputy Fire Rescue Chief John Gilbert also addressed the Council. Councilman Padovan discussed the purchase of seasonal banners for the Crandon Boulevard street lights and made a motion approving the purchase of a generic banner at an approximate cost of $6,700.00. The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Padovan made a motion approving the purchase of 150 Yellow Tabebuia trees at an approximate cost of $23,000.00. Raul Alvarez, 710 Ridgewood Road, addressed the Council. Building, Zoning and Planning Director John Little and Village Planner Raul Lastra also addressed the Council. The Padovan motion was seconded by Councilman O'Reilly. Mayor Festa offered an amendment to the motion waiving competitive bidding. The Festa motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: May 16, 1996 Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The amended Padovan motion was adopted by a unanimous voice vote. The vote was as follows; Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk reported that his office held a voter registration drive on May 8th and 9th. Martha Broucek, 170 Ocean Lane Drive, addressed the Council. The manager gave the following reports: The manager discussed the progress of the sidewalk construction program. The Council discussed the issue of angle versus parallel parking for the Village Green on Fernwood Road. Raul Alvarez, 710 Ridgewood Road, representing the Key Biscayne Beautification Foundation, addressed the Council. Carol Mullen O'Leary, 444 Fernwood Road, also addressed the Council. The planner and Director Little participated in discussions with the Council. Councilman Padovan made a motion that Council reconsider its decision regarding the issue of providing parallel parking on Femwood Road at the Village Green. The motion was seconded by Mayor Festa and failed on 2 - 5 voice vote. Vice Mayor Waid and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, Sime, and Sullivan voted No. Cecilia VilIoria, representing C.A.P. Engineering Consultants, gave an update on the West Mashta Bridge reconstruction project. The manager discussed the stormwater utility construction project. Councilman O'Reilly made motion authorizing the manager' to conduct a study concerning a sanitary sewer extension for the Village Green. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Sinie, Vice Mayor Waid, and Mayor Festa voting Yes. The planner made a presentation regarding a pavilion, picnic shelters and restrooms for the Village Green. Councilman Sullivan made a motion authorizing the manager to execute an agreement with an architect to draft the necessary plans. The motion was seconded by Councilman LIorente. Mayor Festa offered a motion that the agreement not exceed $19,000.00, The Festa motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice, Mayor Waid, and Mayor Festa voting Yes. The amended Sullivan motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'ReiIly, Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor Page2of4 0 May 16, 1996 Festa voting Yes. The planner also made a brief presentation regarding the Village's traffic calming study. Carlos Fernandez, 615 Harbor Circle, addressed the Council and made a slide presentation regarding the issue of traffic and the -current sidewalk project. The manager announced that there will be ceremony on June 14, 1996 commemorating the dedication of the flag poles on the Village Green and the Fifth Anniversary of the Village's Incorporation. The manager submitted to the Council the six month departmental report for Fiscal Year 1996. The Council discussed the Village's application for a state loan to finance a study and construction of a sanitary sewer system for the un-sewered areas of the Village. The following residents addressed the Council: Martha Broucek, 170 Ocean Lane Drive; Jim Haney, 472 Glenridge; Sam Davitian, 720 Myrtlewood Lane; Karen MulIern O'Leary 444 Femwood Road; and Guy Smith, 701 Femwood Road. Mayor Festa made a motion assuring the affected residents of the Council's commitment to allow the electors of the Village the opportunity to decide the issue of sanitary sewers. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The manager submitted the following informational items: the monthly departmental reports; the Key Biscayne Chamber of Commerce's April 1996 report; a letter from Ross Johnson, BFI Waste Systems, regarding consent of assignment, dated April 18, 1996; letter from Frank Garisto, regarding Council meeting broadcasts, dated April 24, 1996; a memorandum from the Assistant to the Village Manager, regarding Harbor Drive trees, dated April 29, 1996; a memorandum from the Assistant to the Village Manager, regarding SBA Grant trees, dated April 30, 1996; a letter from Building, Zoning and Planning Director, to waterfront property owner, regarding land use regulations, dated Mayor 6, 1996; a letter from Mario Goderich, Metro -Dade County Cable Television Coordinator, regarding cable television complaints, dated May 6, 1996; a letter from Councilman Padovan, to Octavio Visiedo, Superintendent of Dade County Public Schools, regarding impact fees, dated May 9, 1996; a memorandum from the Assistant to the Village Manager, regarding 1996 Community Assistance Grant Program, dated May 9, 1996; and a copy of resolution of the State of Florida recognizing May 6 through May 12, 1996 as Public Service Recognition Week. There being no further business. the meeting was adjourned at 10:50 p.m. Page 3 of 4 May 16, 1996 Respec su f ittedS Guido H. guanzo, Jr., CMC Village C k Approved by the Village Council this 11th day of June, 1996: oij'n. F. Festa ayor IF A PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATA 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 IS TO BE BASED. Page 4 of 4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 11, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (arrived at 8:25 p.m.), Vice Mayor John Waid, and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Father Robert Libby, of St. Christophers-by-the-Sea Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: By unanimous consent, the minutes of the special meeting of March 26, 1996, the minutes of the regular meeting of May 14, 1996, and the minutes of the continuation meeting of May I6, 1996 were adopted by the Council. 5. AGENDA: Councilman Sime, via a memorandum, requested the deferral of Item 9-A. Councilman Llorente requested the deletion of Items 10-A-9 and 10-A-10. Councilman Llorente requested the addition of discussion regarding Dade County's Boundary Commission as Item 10-A-9. Mayor Festa requested that Items 10-A-3 and 10-A-11 be heard as Item 10-A-3. Councilman Padovan requested that Items 10-A-1 and 10-A-8 be heard as Item 10-A-1. The manager requested the addition of discussion regarding beach renourishment as Item 10-D-9. There were no objections to the agenda changes. At this time, Councilman Padovan recognized Mante Morse, a candidate for the Dade County School Board, who briefly addressed the Council and public. Page 1 of 7 June 11, 1996 6. SPECIAL PRESENTATIONS: Resident Tony Camejo, 151 Crandon Boulevard, representing the Key Colony Homeowners Association, made apresentation to the Council regarding noise problems affecting the homeowners at Key Colony. Greg Han, 685 Curtisswood Road, also addressed the Council regarding this matter. PUBLIC COMMENTS: There were no speakers present. ORDINANCES: The clerk read the following ordinance, on first reading, by title; AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND TRANSMISSION SYSTEM; RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAD AGREEMENT; ESTABLISHING PLEDGED REVENUES, DESIGNATING AUTHORIZED REPRESENTATIVES, PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The manager made a brief presentation regarding the proposed ordinance. 0 The attorney stated that, pursuant to the Village Charter, a. five -sevenths vote of the Council would be required for adoption of the ordinance. The mayor opened a public hearing. The following residents addressed the Council: Jim Haney, 472 Glenridge Road; Sam Davitian, 720 Myrtlewood Lane; Karen Mullen O'Leary, 444 Fernwood Road; Martha Broucek, 170 Ocean Lane Drive; Heidi Archibald, 881 Ocean Drive; and Bill Ofgant, 512 Fernwood Road. Gary Swagart, representing the Florida Department of Environmental Protection, participated in discussions with the Council. Councilman Padovan made a motion adopting the ordinance. The motion was seconded by Mayor Festa, Councilman O'Reilly offered an amendment to the ordinance as follows: Section 6. The adoption of this ordinance shall not constitute authority to draw down any loan proceeds or proceed otherwise further with respect to subject sewer project until there is an affirmative vote of five councilmembers. The amendment included the renumbering of subsequent sections. Page 2 of 7 June 11, 1996 The O'Reilly motion was seconded by Mayor Festa and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The amended ordinance was adopted by a 6 - 0 rolI call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk announced fhe second reading of ordinance for Tuesday; June 25, 1996, at 7:00 p.m. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE BY AMENDING SECTION 28-11 PROVIDING FOR A PERIOD OF TIME IN WHICH TO CONFORM WITH THE PROVISIONS OF CHAPTER 28 RELATING TO MONUMENT AND POLE SIGNS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Building, Zoning and Planning Director John Little discussed the proposed ordinance. The mayor opened a public hearing. The following citizens addressed the Council: Luis Alcebo, 425 Grapetree Drive; Robert Brooks, 95 West McIntyre Street; and Jeff Krell, 632 Crandon Boulevard. After extensive discussion. Councilman Sullivan made a motion directing the attorney to re -draft an ordinance addressing the issue of pole signs. There was no second to the motion. There was no further action taken on the proposed ordinance. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUIHORZJNG THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR A "COPS" GRANT; PROVIDING FOR AN EFFECTIVE DATE. Councilman Padovan made a motion adopting the resolution. The motion was seconded by Councilman O'Reilly. Resolution 96-18 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan. Vice Mayor Waid, and Mayor Festa voting Yes. Page 3 of 7 June 11, 1996 REPORTS AND RECOMMENDATIONS: The fallowing items were discussed Mayor and Councilmembers. Councilman Padovan discussed the recent planting of trees along the Harbor Drive right-of-way and the Village's policy concerning the right of denial by residents to have a tree planted in front of their homes. It was the consensus of the Council to further discuss the issue at its June 25, 1996 special meeting. Councilman Padovan also advised the Council that, due to unforseen circumstances outlined in a memorandum from the Assistant to the Village Manager dated May 31, 1996, the Yellow Tabebuia trees authorized for purchase by the Council .were not acquired. Mayor Festa gave an update regarding his meetings with county officials concerning. the county's proposed toll system for the Rickenbacker Causeway. Vice Mayor Waid requested that a date be set for an evaluation of the Village Clerk and the Village Manager. Mayor Festa discussed the establishment of criteria for evaluating the clerk and manager. Greg Han, 685 Curtisswood Road, addressed the Council. The Council agreed to further discuss the matter at its June 25, 1996 special meeting. Councilman Padovan discussed the county's proposed reduction of the local option gas tax and its impact on the Village's gas tax revenues. Councilman O'Reilly made a motion authorizing Councilman Padovan to represent the Village on this matter and present the Village's opposition to the proposed reduction of the gas tax. The motion was seconded by Mayor Festa and failed by a 3 - 2 - 1 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, and Mayor Festa voting Yes. Councilman Sullivan and Vice Mayor Waid voted No. Councilman Llorente abstained due to a conflict of interest. Councilman Padovan discussed the establishment of the county's Ethics and Public Trust Commission. The Council directed that the attorney draft a resolution expressing the Village's opposition to the creation of such a commission. Councilman Padovan discussed the Ocean Front Park recently dedicated by the Ocean Club project. The attorney was directed to draft a resolution designating the Ocean Front Park as a passive park. The motion was seconded by Councilman O'Reilly. The motion was adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente. O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Sullivan voted No. Shirley Brill, 550 Ocean Drive, and Heidi Archibald, 881 Ocean Drive, addressed the Council. Councilman Llorente requested that discussion regarding Thursday night Council: meetings be deferred to a future date. Page 4 of 7 June 11, 1996 Councilman Llorente discussed the recommendations of the county's Boundaries Commission regarding the adoption of a revenue sharing plan for the county's municipalities. Mayor Festa made a motion expressing the Village's opposition to the recommendations of the Boundaries Commission regarding a proposed revenue sharing program. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman O'Reilly made a motion directing the attorney to prepare any and all necessary research to express the Village's opposition to this proposal. The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Counciimembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Martha Broucek, 170 Ocean Lane Drive, addressed the Council. Councilman Padovan requested that discussion concerning fire sprinklers for condominiums be deferred to a future date. Village Attorney. The attorney did not submit a report. The Council directed the attorney to be present at the county's June 20, 1996 meeting regarding the Crandon Park master plan. Village Clerk. The clerk did not submit a report. Village Manager. The manager discussed the use of beach -quality sand being removed from the Cape Florida State Recreation Area for the renourishment of an area of the Village's beach. The manager and Village Engineer Carlos Penin gave an update regarding the Sidewalk Construction project and the West Mashta Drive Bridge project. The engineer and Mariano Fernandez, of C.A.P. Engineering Consultants, discussed a study regarding the extension of a sewer line to the Village Green. Mayor Festa made a motion to extend the meeting until 11:15 p.m. The motion was seconded by Councilman Padovan and adopted by a 6 - 0 voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan. Vice Mayor Waid, and Mayor Festa voting Yes. Page 5 of 7 June 11, 1996 The manager stated that the contract for architectural services relating t and pavilion/restrooms will be executed next week. e Village Green picnic shelters The manager announced that the Village will be dedicating the Village Green flag poles, commemorating Flag Day, and celebrating the Village's Fifth Year Anniversary of Incorporation on Friday, June 14, 1996, 5:00 p.m., at the Village Green. The manager stated that the paving of streets in the area of Stormwater Basin 3 will confluence in the near future. The manager stated that he is negotiating with representatives of the Bill Baggs Cape Florida State Recreation Area for discount rates for Village residents. The manager stated that the attorney has advised him that he is authorized to offer for sale items with a depiction or facsimile of the Village seal. At the request of the manager, Mayor Festa made a motion rescheduling the Council's regular meeting of October 8, 1996 to October 10, 1996. The motion was seconded by Vice Mayor Waid and adopted by unanimous consent. The manager submitted the following informational items: the monthly departmental reports; a copy of th April and May 1996 racoon trapping reports from Pesky Critters Wildlife Control; a copy of an agreement between the Village and the Volunteer Fire Department dated April 1, 1996; a copy of the Key Biscayne Chamber of Commerce's May 1996 report; a letter from Strom Maxwell, Florida Department of Insurance, regarding the Windstorm Pool, dated May 8, 1996; a letter from Octavio Visiedo, Dade County Public Schools, regarding increased participation by school boards in local planning, dated May 8, 1996; a letter from Stephen Gauthier, Government Finance Officers Association, regarding Certificate of Recognition for Budget Preparation, dated May 14,1996; a letter from Pedro Hernandez, Metro -Dade County Public Works Department, regarding variable message sign for Key Biscayne, dated May 20, 1996; a letter from Carol Marchner, Florida League of Cities, to Senator Ronald Silver, regarding 1996 legislative session, dated May 22, 1996; a letter from Ross Johnston, BFI Waste Systems, regarding consumer price index adjustment, dated May 30, 1996; a letter from Stephen Sonnabend, Sonesta Beach Resort, regarding Holiday Colony Stormwater project, dated May 31, 1996; a letter from William Brant, Miami -Dade Water and Sewer Department, regarding the Village's April 23, 1996 meeting conceming sanitary sewers, dated May 22, 1996; a letter from Suzanne Salichs. Team Metro (Dade County), regarding neighborhood compliance officers, dated May 24, 1996; a letter from Joel Robbins, Metro -Dade County Property Appraiser, to the Finance Director, regarding 1996 assessment roll estimates, dated June 1, 1996; a memorandum from the Village Manager, regarding the ICMA's 82nd Annual Conference, dated June 4, 1996, a memorandum from the Village Manager, regarding a letter from Charles Braise dated May 19, 1996 concerning the stormwater project, dated June 6, 1996; and a letter from Max Goodman, Memorial Day Planning Committee, regarding Second Annual Memorial Day Ceremony. --, Page 6 of 7 June 11, 1996 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 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 11:20 p.m. Guido K I guanzo, Jr., CMC Village CI Approved by the Village Council this 9th day of July, 1996: a n E Festa ayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOAIVYMATTER 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. Page 7 of 7 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 25, 1996 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 the following: Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime (arrived during roll call), Vice Mayor John Waid (arrived at 7:20p.m.), and Mayor John Festa. Councilman Raymond Sullivan was absent Also present were Village Manager Samuel Kissinger. Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. 4. AGENDA: Mayor Festa requested that Items 8-A-4 and 8-A-5, regarding the county's proposed revenue sharing plan. be heard as Item 8-A-4. The mayor also requested the addition of discussion regarding the Rickenbacker Toll Plaza as Item 8-A-5. Councilman Llorente requested the addition of discussion regarding mosquito control as Item 8-A-6. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: A presentation regarding the final report of the Financial Policy Committee was deferred until such time as Vice Mayor Waid, chairman of the committee, arrived at the meeting. 6. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND TRANSMISSION SYSTEM; RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. June 25, 1996 The mayor opened the public hearing. Sam Davitian, 720 Myrtlewood Lane, addressed the Council. After brief discussion, the mayor made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sung, Vice Mayor Waid, and Mayor Festa voting Yes. At this time, Vice Mayor Waid, chairman of the Financial Policy Committee, made a presentation to the Council regarding the committee's final report. Committee members Robert Maggs, Gerald Broucek, Sam Davitian, and Joe. Rasco addressed the Council. The clerk read a statement by committee member Onofre Torres dated June 24, 1996. The following residents also addressed the Council: Michael Kahn, 881 Ocean Drive; Patricia Weinman, 940 Mariner Drive; Martha Broucek, 170 Ocean Lane Drive; Guy Smith, 701 Fernwood Road; Haydee Archibald, 881 Ocean Drive; and Scott Bass, 201 Galen Drive. Councilman O'Reilly made a motion accepting the report, acknowledging the work of the committee and dissolving the committee. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote, The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sine, Vice Mayor Waid, and Mayor Festa voting Yes. After extensive discussion,. Vice Mayor Waid made a motion adopting the following as financial policies of the Village: Policy 1. Limits on Long Term Debt. Long Term Debt of the Village shall not exceed one percent of the total assessed value of the Village and the annual debt service shall not exceed fifteen percent of the General Fund expenditures, whichever is greater. Policy 2. Limits on Reserve Funds. To provide for emergencies, the Village should. maintain reserve funds whichshould not exceed twenty percent of the General Fund expenditures, but shall not be less than $2,000,000.00. Restricted reserve funds are excluded from this definition. Poll y 3. Surplus Funds and Excess Revenues. Funds available at the end of a fiscal year shall be used either to reduce debt or to reduce taxes in the next fiscal year (as determined by the Council). Page 2 of5 June 25, 1996 Policy 4. Policy Exceptions. Long term Debt limits established above regarding maximum debt service and maximum total debt shall not be increased or exceeded unless approved by a majority of the qualified electors of the Village voting in a referendum election on such a measure. The motion was seconded by Councilman O'Reilly. Councilman Sime made a motion to defer the matter until the Council's July 9, 1996 meeting. The Sime motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Vice Mayor Waid made a motion directing the attorney to prepare an ordinance based on the committee's report for the Council's consideration at its July 9, 1996. The motion was seconded by Mayor Festa and adopted by a 5 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting. Yes. Councilman O'Reilly was absent during the vote. 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 AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC., CORAL GABLES, FLORIDA, FOR ENGINEERING SERVICES RELATING TO BEACH IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE. Councilman Padovan made a motion adopting the resolution. The motion was seconded by Mayor Festa, Resolution 96-20 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA EXPRESSING THE VILLAGE COUNCIL'S OPPOSITION TO THE ETHICS COMMISSION AS PROPOSED BY METROPOLITAN DADE COUNTY; PROVIDING FOR TRANSMITTAL; PROVIDING FOR AN EFFECTIVE DATE. Councilman Padovan made a motion adopting the resolution . The motion was seconded by Mayor Festa. Resolution 96-19 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan. Sime, Vice Mayor Waid, and Mayor Festa voting Yes. Page 3 of 5 June 25, 1996 REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilman Padovan discussed the City of Miami Beach's proposed plan for the implementation of fire code provisions relating to fire alarms and sprinklers. The Council concurred to further discuss the matter at its July 9, 1996 meeting. Fire Rescue Chief William Huddleston participated in discussions with the Council. Sam Davitian, 720 Myrtlewood Lane, and Larry Dreyfus, 607 Ocean Drive, addressed the Council.; The Council discussed evaluation criteria for the manager and the clerk. It was the consensus of the Council that each individual councilmember submit written evaluations to the manager. Councilman Llorente requested that the manager prepare a detailed project update, including cost and completion date, of the stormwater project prior to the Council's July, 23, 1996 meeting. Councilman Llorente and the mayor discussed the county's proposed municipal revenue sharing plan. It was the consensus of the Council that the mayor send a letter to the county commission expressing the Village's opposition to the "Stearns/Ferguson" Revenue Sharing Plan. Martha Broucek, 170 Ocean Lane Drive. and Sam Davitian. 720 Myrtlewood Lane, addressed the Council. Mayor Festa gave an update regarding his meeting with county officials concerning the use of toll revenues and expenditures by the county on the Rickenbacker Causeway. Councilman Llorente discussed the mosquito problem on the island. By consensus, the manager was directed to study the issue of providing mosquito control for the Village in addition to the service provided by the county. Village Attorney. The attorney submitted a report regarding definitions of "passive park." There was extensive discussion regarding such a designation for the Village's Ocean Front Park. Shirley Brill, 550 Ocean Drive, addressed the Council. Mayor Festa made a motion extending the meeting until 11:15 p.m. The motion was seconded by Vice Mayor Waid and adopted by a 5 1 roll call vote. The vote was as follows: Councihnembers Llorente, O'Reilly. Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Sime voted No. Villa eg Cierk. The clerk did not submit a report. Page 4 of 5 0 June 25, 1996 Village Manager. The manager presented the following informational items: a letter from Octavio VisiedqDade County Public Schools Superintendent, regarding the Ocean Club Development's school contribution. dated May 17, 1996; a letter from Anne Traba, Northern Trust Bank, regarding the Village's Annual Comprehensive Financial Report, dated June 11, 1996; a letter from the Village Manager, to Anthony Clemente, Miami -Dade Water and Sewer Department, regarding asbestos water mains, dated June 12, 1996; a letter from Kathryn Wilbur, Dade County Public Schools, regarding a construction status report. dated June 13. 1996; a letter from Evelio Hernandez, Florida Department of Transportation, regarding the Crandon Boulevard street lights. dated June 14, 1996; a memorandum from the Deputy Police, regarding upcoming events on Virginia Key, dated June 18, 1996; and a report from the Trust for Safe Neighborhood Parks. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 11. ADJOURNMENT: The meeting was adjourned at 11:15 p.m. Resp j t'su ' , Hied: Guido Inguanzo, Jr., CMC Villag- _lerk Approved by the Village Council this 9th day of July, 1996: n F. Festa ayor IFA PERSONDEC1DES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 5 of 5 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 9, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Attorney Weiss gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: By unanimous consent, the minutes of the regular meeting of June 11, 1996 and the minutes of the special meeting of June 25, 1996 were adopted. 5. AGENDA: Councilman Llorente requested the addition of discussion concerning the left turn signal at Ocean Lane Drive as Item 10-A-9. Mayor Festa requested the addition of discussion concerning the appointment of a Village Council representative to the Cape Florida Lighthouse relighting ceremony and discussion of the Crandon Park master plan as Items 10-A-10 and 10-A-11. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: There were no special presentations. 7. PUBLIC COMMENTS: Mortimer Fried, 291 Harbor Court, addressed the Council regarding the resignation of the clerk. 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CREATING SECTION 4.11 OF THE CHARTER OF THE VILLAGE OF KEY BISCAYNE TO PROVIDE DEFINITION OF LONG-TERM DEBT; IMPOSING AN OVERALL LIMIT ON VILLAGE DEBT; CREATING SECTION 4.12; REQUIRING THAT LONG-TERM DEBT MAY ONLY BE INCURRED IN EXCESS OF THE LONG - Page 1 offi 0 TERM DEBT LIMIT AFTER VOTER APPROVAL; PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN IHI: CHARTER AND AN EFFECTIVE DATE. The mayor opened a public hearing. The following residents addressed the Council: Michael Kahn, 881 Ocean Drive; Bob Vale, 331 Island Drive•, Dorothea Bailey, 338 West Heather Drive; Barclay Cale, 225 Harbor Drive; Peter Kory, 55 Ocean Lane Drive; Sam Davitian, 720 Myrtlewood Lane; Haydee Archibald, 881 Ocean Drive; Pat Weinman, 940 Mariner Drive; Sydney Cooper, 170 Ocean Lane Drive; Mortimer Fried, 291 Harbor. Court; Bonnie Cooper, 77 Crandon Boulevard;, Onofre Torres, 600 -Grapetree Drive; and Scott Bass, 201 Galen Drive. There was extensive Council discussion regarding the proposed ordinance. Councilman O'Reilly made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Llorente. After extensive discussion, the ordinance failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly and Vice Mayor Waid voting Yes. Councilmembers Padovan, Sime, Sullivan, and Mayor Festa voted No. Councilman O'Reilly made a motion directing the attorney to draft an ordinance adopting the recommendations of the Financial Policy Committee as financial policies of the Village. The mayor offered an amendment that the attorney also draft alternate ordinances based on the recommendations of councilmembers. The motion was seconded by Councilman O'Reilly and failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Llorente, Sime, Sullivan, and Vice Mayor Wald voted No. The O'Reilly motion was adopted on a 4 - 3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilmembers Llorente, Sime and Sullivan voted No. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE 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 AND MANAGER TO FILE SAID RESOLUTION ` VITH 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. Page 2 of 6 0 July 9, 1996 Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Councilman O'Reilly offered an amendment to Section 1 of the resolution as follows: "That the proposed millage for the first public hearing is hereby declared to be .00380.003606 mills which is $3:-863.606 per $1,000.00 of assessed property within the Village of Key Biscayne." The motion was seconded by Vice Mayor Waid and failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Vice Mayor Waid voting Yes. Councilmembers Llorente, Sime, Sullivan, and Mayor Festa voted No. Resolution 96-21 was adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, and Mayor Festa voting Yes. Councilmembers O'Reilly, Padovan and Vice Mayor Waid voted No. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DESIGNATING THE BEACH PARK AS "PASSIVE;" PROVIDING EXAMPLES OF "PASSIVE PARK" ACTIVITIES; PROVIDING THAT THE "PASSIVE PARK" DESIGNATION MAY ONLY BE CHANGED AFTER A PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE. The following residents addressed the Council: Toni Aldecoa, 650 Ocean Drive; Bonnie Cooper, 77 Crandon Boulevard; Haydee Archibald, 881 Ocean Drive; and Carol O'Leary, 444 Fernwood Road. After extensive discussion, Councilman Padovan made a motion adopting the resolution. The motion was seconded by Councilman O'Reilly. Resolution 96-22 was adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilmembers Sime and Sullivan voted No. 10, REPORTS AND RECOMMENDATIONS: The followingitems were discussed: Mayor and Councilmembers. The Council discussed the resignation of the clerk and the appointment of an acting clerk. The Council expressed their best wishes to Village Clerk Guido Inguanzo for his service to the Village. Page 3 of 6 11146.391.. July 9, 1996 0 By consensus,` the Council reconstituted the Village Clerk Search Committee to commence the search for a clerk. Mortimer Fried, 291 Harbor Court, addressed the Council. Councilman Sime made a motion appointing Yocelyn Galiano Gomez as the Acting Village Clerk. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The mayor gave an updated regarding the county's proposed municipal revenue sharing plan. Councilman Padovan discussed the hiring of a "life safety" engineer to assist condominiums with compliance requirements of thefire safety code. Councilman Padovan made a motion authorizing staff to assist the condominium associations with the hiring of an engineer to assess each building with regards to compliance with the fire afety code. After brief discussion, the motion was withdrawn. By consensus, the Council directed staff to provide a listing of professional engineers to the condominiums. Mayor Festa made a motion authorizing the manager to study the feasibility of the Village applying for a low cost/long term loan from the Sunshine State Municipal Loan Pool in order to make available proceeds of the loan to the affected unit owners or condominium associations, with regards to the installation of fire sprinklers, for a repayment over a period of twenty years with a due on sale clause. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote.. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The Council discussed rescheduling meetings from Tuesday to Thursday nights. The Council concurred to defer the matter until after the November election. Councilman Sime made a motion appointing Sam Houston to serve as an additional beach Village Resource Volunteer. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers LIorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Mayor Festa made a motion reappointing Dennis O'Hara and appointing Rosemary Salas to serve as special masters for a one year term. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Page 4of6 0 0 July 9, 1996 Sullivan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The mayor requested that in his absence, and that of the vice mayor, that Councilman Sime represent the Village at the relighting ceremony of the Cape Florida Lighthouse on July 27, 1996 and the county commission meeting on July 16, 1996 regarding the Crandon Park master plan. Village Attorney. The attorney did not submit a report. Village Clerk. The clerk advised the Council that the mayor had issued a proclamation recognizing James Brewster as the Village's "Unofficial Fireworks Commissioner." Village Manager. The manager discussed the Village's emergency and hurricane response plan. Councilman Padovan made a motion directing staff to draft a resolution expressing the Village's desire that the county's Department of Public Works prepare a study regarding traffic safety on Crandon Boulevard/Rickenbacker Causeway. The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The Council scheduled a budget workshop for August 27, 1996 and a workshop for September 5, 1996 to discuss traffic calming and the stormwater construction project. The manager submitted the following informational items: the monthly departmental reports; a copy of the Key Biscayne Chamber of Commerce's June 1996 monthly report; a copy of Pesky Critters June 1996 trapping monthly report; a letter from BFI Waste Systems, regarding a recycling credit system, dated June 11, 1996; a copy of a check from the South Florida Water Management District, for a stormwater project grant, dated June 21, 1996; a letter from John Renfrow, Dade County Environmental Resources Management Department, regarding the agency's jurisdiction, dated June 24, 1996; a copy of Metropolitan Dade County's summary of beach issues dated June 26, 1996; a letter from Virginia Wetherell, Florida Department of Environmental Protection, regarding state revolving fund sanitary sewer loan, dated June 26, 1996; a copy of Dade County city Management Association's position paper regarding county's proposed ethics commission dated June 27, 1996; a copy of press release from the Fire Rescue Department regarding fireworks safety dated July 1, 1996; a letter from Village Manager, to Lee Niblock, Bill Baggs Cape Florida State Recreation Area, regarding sand for beach renourishment project, dated July 1, 1996; a memorandum from the Chief of Police, regarding Crandon Boulevard traffic safety, dated July 3, 1996; and a memorandum from the Village Manager, regarding vacation time, dated July 5, 1996. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. Page 5 of 6 July 9, 1996' 0 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 11:05 p.m. espectf Guido Village bmitted:• 'guano, Jr., CMC erk Appr, ed by the Village Council this 23rd day of Jul 1996: faymo 1n Sullivan Mayor ro Tent 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 RECORDINCLU1JPV THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 6 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 23, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDERIROLL CALL OF MEMBERS: The meeting was called to order by the clerk at 7:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, and Raymond Sullivan. Vice Mayor John Waid and Mayor John Festa were absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman. Pursuant to Robert's Rules of Order, the clerk opened the floor for nominations for the election of a mayor pro tem. Councilman Sime nominated Councilman Sullivan to serve as mayor pro tem. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Sullivan voting Yes. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Sullivan led the Pledge of Allegiance. Mayor Pro Tem Sullivan requested a moment of silence for the victims and families of TWA Flight 800. Councilman Sime recognized County Court Judge Steve Leifinan, a candidate for re-election to the circuit court, who made brief comments to the Council and public. 3. APPROVAL OF MINUTES: Councilman Padovan offered technical corrections to the minutes of the meeting of July 9, 1996. The corrected minutes of the regular meeting of July 9, 1996 were adopted by unanimous consent. 4. AGENDA: Councilman Padovan requested the addition of discussion regarding the Key Biscayne Beautification Foundation's proposed improvements for the Village Green as Item 9-A-4. There were no objections. 5. SPECIAL PRESENTATIONS: There were no special presentations scheduled. 6. ORDINANCES: There were no ordinances considered by the Council. Page 1 of b July 23, 1996 RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING METROPOLITAN DADE COUNTY'S DEPARTMENT OF PUBLIC WORKS TO STUDY SAFETY FEATURES FOR CRANDON BOULEVARD/RICKENBACKER CAUSEWAY RELATING TO PEDESTRIAN AND BICYCLIST SAFETY; PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. Councilman Padovan made a motion adopting the resolution. The motion was seconded by Councilman O'Reilly. Resolution 96-23 was adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan; voting Yes. 8. BUILDING AND ZONING: All witness giving testimony in the following zoning hearings were sworn -in by the clerk. Hearin Number 96 -0723 -VC -01. Jnnn Carlos and Teresita Portuondo, 165 West McIntyre Street, the applicant, requested a non-use variance of fifteen feet (15) side street setback requirement to permit a side street setback of nine feet (9') for a proposed laundry room and a non-use variance of fifteen feet (15') side street setback requirement to permit a side street setback of fourteen point six feet (14.6') for an existing principle residence. Building, Zoning and Planning Director John Little stated his recommendations for denial without prejudice for the non-use variance of fifteen feet side street setback requirement to permit a side street setback of nine feet (9') for a proposed laundry room and approval of the non-use variance of fifteen feet side street setback requirement to permit a side street setback of fourteen point six feet (14.6') for an existing principle residence. Luis de la Cruz, 241 Sevilla Avenue, Coral Gables, representing the applicant,' addressed the Council. Teresita Portuondo, 165 West McIntyre Street, the applicant, also addressed the Council. Mayor Pro Tem Sullivan opened the public hearing. There were no speakers present. After brief discussion, Councilman Llorente made a motion approving the application subject to the condition that if improvements are made to the property in excess of twenty-five percent (25%) of the assessed value of house, the structure shall be modified to conform to setback requirements in effect at that time. The motion was seconded by Councilman Sime and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes. Page 2 of 6 rTh July 23, 1996 Hearing Number 96 -0723 -VC -03. Biscayne Beach Hotel Associates, 350 Ocean Drive, the applicant, requested approval of an unusual use to permit the applicants to place certain personal communications services (PCS) Wireless telephone and maintenance equipment, including six antennas, on the roof of the building. Building, Zoning and Planning Director Little stated his recommendation for approval of the application. William Gray, 10173 Southwest 49 Place, Cooper City, representing the applicant, addressed the Council. The mayor pro tem opened the public hearing. Conchita Suarez, 201 Crandon Boulevard, addressed the Council. Councilman Padovan made a motion adopting staffs recommendation. The motion was seconded by Councilman O'Reilly and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes. Hearing Number 96 -0723 -VC -04. Coldwell Banker, 328 Crandon Boulevard, Units 126-127, the applicant, requested extension of the amortization period up to May 1, 1998 for a legal non- conforming sign. Councilman O'Reilly excused himself from this hearing due to a conflict of interest. Building, Zoning and Planning Director Little requested deferral of this item. Councilman Sime made a motion deferring the item indefinitely. The motion was seconded by Councilman Padovan and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes. Hearing Number 96 -0723 -VC -02. Mostafa and Norah Hassan, 360 Harbor Drive, the applicant, requested a non-use variance for placement of a proposed boat dock extending eighty-three point five feet (83.5') into Biscayne Bay where the maximum permitted distance is fifty-eight point seventy- five feet (58.75') as established by Ordinance 96-2. Building, Zoning and Plarn ing Director Little stated his recommendation for denial of the application. Carter McDowell, 701 Brickell Avenue. representing the applicant, addressed the Council. July23, 1996 Mayor Pro Tem Sullivan opened the public hearing. The following residents addressed the Council: James Taintor, 355 Harbor Drive, Timothy Stickney, 104 Crandon Boulevard; Martha Broucek, 170 Ocean Lane Drive: Haydee Archibald, 881 Ocean Drive; and Bonnie Freeman, 490 Bay Lane; and Jean Yailey, 395 Harbor Drive. After extensive discussion, Mayor Pro Tem Sullivan made a motion adopting staffs recommendation for denial. The motion was seconded by Councilman Padovan and adopted by a 4 - 0 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, and Mayor Pro Tem voting Yes. Councilman Sime was absent during the vote. 9 REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. The Council discussed the compensation package for the acting clerk. Mayor Pro Tem Sullivan made a motion establishing the compensation for Acting Village Clerk Yocelyn Galiano at a bi-weekly rate of $1,538.46. The motion was seconded by Councilman Padovan and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes. Councilman Padovan made a motion authorizing the payment of the balance of the clerk's bonus, in the amount of $400.00, as appropriated in the 1996 Fiscal Year Budget, to Village Clerk Guido Inguanzo. The motion was seconded by Mayor Pro Tem Sullivan and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes. Councilman Sime made a motion authorizing the manager to study the possibility of including the cost to connecting residential properties to the sanitary sewer line and the cost of the Miami -Dade Water and Sewer Department connection fee as part of the proposed annual sanitary sewer assessment payment, at a fixed annual rate of 2.56 percent, subject to the projectbeingapproved by the affected property owners. The motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime; and Mayor Pro Tem Sullivan voting Yes. Councilman Padovan discussed a proposal from the Key Biscayne Beautification Foundation for improvements to the landscaping at the Village Green. Councilman Padovan made a motion approving the foundation's plan as attached to her memorandum of July 19, 1996. The inotion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes. Village Attorney. The attorney requested that the Council schedule an executive session for September 5, 1996, 6:00 p.m., to discuss the county's action regarding the Crandon Park master plan. Page 4 of 6 0 0 0 July 23, 1996 Village Clerk. The clerk did not submit a report. Village Manager. The manager discussed a report regarding alternate funding sources available to the Village during emergencies or disasters. Mayor Pro Tem Sullivan made a motion awarding a bid, in an amount of $17,340.00, to Keylite, Key Biscayne, Florida, the local vendor on the bid list, for the completion of electrical work in connection with the installation of an emergency generator for the Emergency Services Complex. The motion was seconded by Councilman Sime and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes. The manager submitted the following informational items: a letter from the manager, to Richard Vernon, Fernwood Condominium Association, regarding zoning on Fernwood Road, dated June 13, 1996; a letter from Chris Ramos, C RAM Corporation, regarding Building, Zoning and Planning Department, dated June 26, 1996; a letter from Pedro Hernandez, Metro -Dade County Public Works Department, regarding traffic signal at Rickenbacker Causeway and Virginia Key Access Road, dated June 26, 1996; a letter form Chester Colby, Metro -Dade County Transit Agency, regarding bus routes, dated July 1, 1996; a letter from Jorge Rodriguez, Miami -Dade Water and Sewer Department, regarding samples of the Village's water supply, dated July 1, 1996; a letter from Jorge Rodriguez. to Village resident Sam Davitian, regarding the Village's water mains, dated July 11, 1996: and a letter from the fire rescue chief, to Councilman Michele Padovan, regarding fire protection engineers. dated July 17. 1996. 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 9:50 p.m. Page 5 of 6 July 23, 1996 Respectfully salt Guido H. Ingganzo, Jr., LML Village Clerk Approved by the Village Council this 10th of September, 1996: , John F. Festa Mayor 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 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 6 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 27, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7:03 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, and Raymond Sullivan (arrived at 7:15 p.m.) and Mayor John Festa. Councilman John Waid was absent. Also present were Village Manager Samuel Kissinger, Acting Village Clerk YoceIyn Galiano Gomez and Village Attorney Stephen Hellman. Mayor Festa led the Pledge of Allegiance. The purpose of the workshop was to discuss the Proposed Fiscal Year 1997 Budget. No changes were made to the agenda. tes Becky Matkov, Executive Director of the Dade Heritage Trust presented a plaque to the Village Council in appreciation of the Village's assistance with the Cape Florida Re -Lighting Celebration and the Cape Florida Lighthouse Restoration. Councilman Sime acknowledged Joan Gill Blank, the Village's Liason to the Miami Centennial -1996 Committee. Councilman Sime introduced some of the members of the Beach Resource and Management Task Force who were present: Sandra Goldstein, Village Resource Volunteer and Chairman; James DeCocq, Beach Preservation Intern - Rosensteil School of Marine and Atmospheric Science; Brian Flynn, Chief of Restoration and Enhancement Section - Metro -Dade Department of Environmental Resources Management; Paul Lin, Coastal Engineer - Coastal Systems International, Inc.; and Hal Wanless, Geologist - University of Miami. The task force made a brief presentation concerning the beach nourishment project for the Village. The following members of the task force participated in discussions with the Council: Sandra Goldstein, James DeCocq, Brian Flynn. Martha Broucek, 170 Ocean Lane Drive addressed the Council. The mayor began the discussion of the Proposed Fiscal Year 1997 Budget. Village Manager C. Samuel Kissinger presented an overview of the budget. Fire Rescue Chief William C. Huddleston addressed the Council on the proposed emergency medical transportation fee. The following citizens addressed the Council: Gregory Han, 685 Curtiswood Drive, Sam Davitian, 720 Myrtlewood Lane. Martha Broucek, 170 Ocean Lane Drive. Page 1 of 3 August 27, 1996 tt was the consensus of the Village Council that the transportation fee revenue source be removed from the budget. During the continued budget discussions the following members of the Village staff addressed the Council: Jack Neustadt, Finance Director; John P. Little, Director of Building, Zoning and Planning; Police Chief Michael J. Flaherty. The following people also spoke on the budget: Gregory Han, 685 Curtiswood Drive, Sam Davitian, 720 Myrtlewood Lane, Martha Broucek, 170 Ocean Lane Drive, and Mortimer Fried, 291 Harbor Court. The meeting was adjourned at 10:20 p.m. Page 2 of 3 August 27, 1996 Respectfully submitted: Yocely Galiano Gomez Acting Village Clerk Approved by the Village Council this 10th day of September 1996: j .fohn F. Festa Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY BIATTER 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 THEAPPEAL IS TO BE BASED. Page 3 of 3 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 10, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan (arrived at 7:15 p.m.), and Mayor John Festa. Vice Mayor John Waid was absent. Also present were Village Manager Samuel Kissinger, Acting Village Clerk Yocelyn Galiano Gomez and Village Attorney Richard J. Weiss. 2. INVOCATION: Attorney Weiss gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the special meeting of July 23, 1996 and the t, minutes of the workshop meeting of August 27, 1996 were adopted by unanimous consent. 5. AGENDA: Councilman Llorente requested that Item 10-D-10 be moved to Item 6-A-2. Councilman Padovan requested the following additional changes to the agenda: deletion of status on Grand Bay Hotel Construction under item 10-A-4 and addition of Report on Dade League of Cities meeting as Item 10-A-4. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: The mayor introduced Julie S. Alvarez, 234 Seaview Drive, who is the Co -Chair of the Citizens' Committee for a Community Center. Ms. Alvarez made a presentation regarding the Key Biscayne Community Center Preliminary Study. The following residents addressed the Council on this issue: Alan Fine, 525 Allendale Road; Michael Kahn, 881 Ocean Drive; Gregory Han, 685 Curtiswood Drive; Camille Guething, 260 Seaview Drive; Martha Broucek, 170 Ocean Lane Drive; Timothy Stickney, 285 Woodcrest Road. Councilman Sime made a motion to accept the preliminary report submitted by the Citizens' Committee for a Community Center and proceed with a workshop conducted by a consultant to discuss a community center. The motion was seconded by Councilman O'Reilly. Page 1 of 7 September 10, 1996 Councilman Llorente made an amending motion to exclude a consultant from the workshop. The motion was seconded by Councilman O'Reilly. After Council discussion both Councilman Llorente and Councilman O'Reilly withdrew the amending motion to exclude a consultant from the workshop. The motion to accept the preliminary report submitted by the Citizens' Committee for a Community Center and proceed with a workshop conducted by a consultant to discuss a commtunity center was passed by a unanimous voice vote. The mayor made a motion to authorize the Village Engineer to prepare plans and specifications for traffic calming along West Mashta Drive and Fernwood Road. The motion was seconded by Councilman Llorente. Councilman Sullivan offered an amendment to include Harbor Drive in the traffic calming plan. The motion to amend was seconded by Councilman Llorente and passed by a unanimous voice vote. The amended motion to authorize the Village Engineer to prepare plans and specifications for traffic calming along West Mashta Drive, Femwood Road and Harbor Drive passed by unanimous voice vote. Thefollowing people addressed the Council on the traffic calming master plan: Gregory Han, 685 Curtiswood Drive and Village Planner Raul Lasta. The mayor requested thatthe agenda items concerning the bus route relocation and sidewalk construction program be moved forward in the agenda and be discussed at that point. There were not objections front Council. Village Planner Raul Lastra reported on the bus route relocation project. Mayor Festa made a motion o authorize the Village Manager to instruct the Village Engineer to proceed with final plans and specifications to bid the project. Councilman Sime seconded the motion which passed by a unanimous voice vote. The Village Manager briefly reported on the status of the sidewalk, construction program. Councilman Sullivan made a motion to implement the Traffic Calming recommendations for sidewalk on both sides of the street on West Mashta Drive. The motion was seconded by Councilman' Sime. Councilman Sime offered an amendment to the motion to construct the sidewalk only on the north side of West Mashta Drive. Councilman Padovan seconded the amendment. Roberto de Cespedes, 188 West Mashta Drive and Heidi Archibald, 881 Ocean Drive addressed the Council. After discussion, Councilmembers Sime and Padovan withdrew the amendment. Page 2 of 7 0 September 10, 1996 The motion to implement the Traffic Calming element of sidewalks on both sides of the street on West Mashta failed by a 5-1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime and Mayor Festa voting No. Councilman Sullivan voting Yes. The Village Manager addressed the Council on the Harbor Drive sidewalk construction project: The following people addressed the Council: Carlos Fernandez, 615 Harbor Circle; Jim Brewster, 500 North Mashta Drive; Guy Smith. 701 Fernwood Road, Village Planner Raul Lastra. Councilman Sullivan made a motion to implement the sidewalk plan based on the already approved engineering plans with instructions to staff that they cooperate with any "problem" sites. The motion was seconded by Councilman Padovan and passed by a 5-1 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Councilman Llorente voting No. 7. PUBLIC COMMENTS: Michael Kahn, 881 Ocean Drive addressed the Council and requested that Council approve usage of the Council Chambers on September 25, 1996 for a mayoral candidate debate. The request was approved by Council by consensus. Camille Guething, 260 Seaview Drive also addressed the Council on this issue. rTh The mayor recognized Martha Broucek, 170 Ocean Lane Drive, who requested that her comments be postponed until Councilman O'Reilly returned to the Council Chamber. It was Council's consent to return to public comments once Councilman O'Reilly returned. 8. ORDINANCES: There were no ordinances considered by the Council. 9. RESOLUTIONS: The acting 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 FINANCIAL POLICY COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. The mayor made a motion to adopt the resolution. Councilman Sime seconded the motion. Resolution 96-24 was passed by a unanimous voice vote. Councilman O'Reilly was absent for the vote. The mayor re -opened the public comments. Martha Broucek, 170 Ocean Lane Drive addressed the Council on the conduct of candidates and Councilmembers. Page 3 of 7 September 10, 1996 The mayot'read the following resolution by title: A RESOLUTION OF THE VILLAGE OF: KEY BISCAYNE FLORIDA; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF REVEREND JOHN B. CRIMMINS FOR HIS YEARS OF COMMUNITY SERVICE; PROVIDING FOR AN EFFECTIVE DATE The ' mayor made a motion adopting the resolution. The motion was seconded by Councilman Sime. Michael Kahn, 881 Ocean Drive briefly addressed Council. Resolution 96-25 was passed by unanimous voice vote.` 0. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers: Mayor Festa discussed the fee schedule for the Village Green. The following people spoke on the fee schedule for the Village Green: Gregory Han, 685 Curtiswood Drive; Mortimer Fried, 291 Harbor Court; Guy Smith, Fernwood Road: It was the consensus of the Council to re -address the fee schedule and establish parameters for rental of the space to be. submitted to Council at a later date. By consensus of the Council, Item 10-D=5: 1995-96 Community Assistance Grant Program, was - moved forward in the agenda to Item 10-A-7 to accommodate representatives of organizations present to discuss the grant applications. Councilman Padovan made a statement regarding O'Reilly's comments to the local newspaper, the Islander News. Heidi Archibald, 881 Ocean Drive, addressed the Council on the issue. Councilman Padovan made a brief report on the Annual Florida Coastal Clean-up which will be held on Saturday, September 21, 1996. Councilman Padovan informed the Council of issuesdiscussed at the last Dade League of Cities meeting held on September 5, 1996. Councilman Padovan reported that the County's Ethics Commission Proposal had been postponed from the County Commission Agenda to an indefinite date. Councilman Padovan also informed Council of the need to appoint a liaison to the Dade League of Cities for the new fiscal year and requested that she be re -appointed as the liaison. Mayor Festa made a motion re -appointing Councilman Padovan as the Village's liaison to the Dade League of Cities for the period beginning October 1, 1996 through September 30, 1997. The motion was seconded by Councilman Sime and passed by a unanimous voice vote. Page 4 of 7 0 September 10, 1996 The mayor briefly reported on the status of the municipal revenue sharing proposals being reviewed by the County Commission. Scott Bass, 201 Galen Drive. addressed the Council on municipal revenue sharing. Councilman Padovan withdrew the item regarding an update on the Village Beautification Foundation and directed the Council's attention to the materials contained as part of the agenda packet for information. The agenda item concerning the 1995-96 Community Assistance Grant Program was addressed by Council at this time. The manager made a brief introduction on the applications and the review process. The mayor began the review of the grant program with Dade Heritage Trust's application. Don McKula, member of the Dade Heritage Trust's Board of Trustees, spoke to Council on their application. Councilman Sullivan made a motion to deny the Dade Heritage Trust application. Councilman O'Reilly seconded the motion which passed by a 4-2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan and Mayor Festa voting Yes. Councilmembers Llorente and Sime voting No. The Council reviewed the grant application submitted by the Rotary Club. Dick McGill, Chairman of 33rd Key Biscayne Art Festival, and Lee Niblock, 1200 Crandon Boulevard, spoke on behalf of the application. Councilman Llorente made a motion to award the grant to the Rotary Club. The motion was seconded by Councilman Sime. The following people spoke on the Rotary Club application: Bob Brookes, President of Key Biscayne Rotary Club Foundation; Martha Broucek, 170 Ocean Lane Drive; Scott Bass. 201 Galen Drive. The motion failed on a 3-3 roll call vote. The vote was as follows: Councilmembers Llorente, Sime and Sullivan voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. The Council reviewed the grant application submitted by the Villager's Inc. Barbara Gilfore, President of the Villager's Inc. spoke on the application. Councilman Llorente made a motion to deny the Villager's, Inc. application. Councilman O'Reilly seconded the motion. After discussion, Councilmembers Llorente and O'Reilly withdrew the motion to deny the Villager's, Inc. application. Page 5 of 7 September 10, 1996 Councilman Sime made a motion to approve the Villager's, Inc. grant. The motion was seconded by Mayor Festa and adopted by a 5-0 roll call vote. The vote was as follows: Councihnembers Llorente. ©'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. The Council reviewed the Key Biscayne Library Beautification Foundation. Cecile Sanchez, 260 Cypress Drive, Treasurer for the Key Biscayne Library Beautification Foundation spoke on the application. Councilman Padovan made a motion to grant the application. The motion was seconded by Mayor Festa and adopted by 6-0 roll call vote.The vote was as follows_ Counciimembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. The mayor made a motion to defer the Cub Scouts application until such time as they may have a representative present. The motion was seconded by Councilman O'Reilly and passed by a unanimous voice vote. Village Attorney: The attorney did not submit a report. Village Clerk: The acting clerk did not submit a report. Village Manager: The mayor made a motion to reject three. (3) bids received by the Fire Rescue Department to provide electrical work for the emergency generator. Councilman Padovan seconded the motion which was passed by unanimous voice vote. The manager requested that the regular Council meeting scheduled for October 8, 1996 be changed to October 15, 1996. The Council had no objections to changing the meeting to October 15, 1996. The manager gave a brief report concerning the dumpster:located in the Emergency Services Complex and in particular brought to the attention of the Council an illegal incident involving hazardous waste disposal at the site. It was the consensus of the Council that the area be enforced by implementing signage and fencing the area in so that residents must request entry subsequently deter illegal incidents from reoccurring. Mayor Festa made a motion authorizing the Village Manager to purchase a dictaphone recording system. The motion was seconded by Councilman O'Reilly and adopted by unanimous vote. The Mayor introduced Village Engineers Carlos A. Penin, P.E. and Osiris Quintana, P E. who presented the West Mashta Bridge Report. Page 6 of 7 September 10, 1996 At 11:10 p.m., the mayor made a motion to extend the meeting another ten minutes. The motion was seconded by Councilman O'Reilly and passed on a 5-1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan and Mayor Festa voting Yes. Councilman Sime voted no. The Council requested that an accounting of what had been spent to date on costs associated with the West Mashta Drive Bridge project as well as a time line detailing the remainder of the project through construction. The meeting was adjourned at 11:25 p.m. Respectfully s bmitted: -2 actthr ocelyn Galiano Gomez Acting Village Clerk Approved by the Village Council this 24th day of September, 1996: /John F. Festa mayor 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. Page 7 of 7 MINUTES SPECIAL VILLAGE COUNCIL MEETING (BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEP!EMBER 12, 1996 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 7:04 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan and Mayor John Festa. Vice Mayor John Waid was absent. Also present were Village Manager Samuel Kissinger, Acting Village Clerk Yocelyn Galiano Gomez and Village Attorney Steve Heilman 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: Councilman Llorente requested that a resolution of sympathy for Luisa B. de la Pezuela, who served on the Village Clerk Search Committee, and recently passed away, be prepared for the next meeting. It was the consensus of the Council that the appropriate document be prepared and brought back to Council. Councilman Padovan requested that Council authorize the Village's participation in a food drive to aid communities in North Carolina affected by recent hurricane. There were no objections. There were no changes to the agenda. 5. SPECIAL PRESENTATIONS: The mayor introduced Barbara Hunsaker, 285 Ridgewood Road, President of the Parents and Teachers Association at the Key Biscayne Elementary School. Ms. Hunsaker and Cynthia Culter, 251 Crandon Boulevard, gave a brief report regarding the establishment of a technology trust to benefit Key Biscayne Elementary School. Mayor Festa addressed the members of the PTA who were present regarding the availability of funds through the Community Assistance Grant Program or through a charitable contribution. It was the consensus of the Council that this matter be brought back to Council at a later date. Page 1 of 9 September 12, 1996 At this time, Ed Stone, 145 Hampton Lane, representing the Key Biscayne Chamber of Commerce addressed the Council regarding the contract between the Village of Key Biscayne and the Key Biscayne Chamber of Commerce and presented a proposal to obtain funding under the Fiscal Year 1997 budget. William Durham, 748 Glenridge Road, the President of the Key Biscayne Chamber of Commerce, also addressed the Council. 7. PUBLIC COMMENTS: Heidi Archibald, 881 Ocean Drive, addressed the Council on the issue of taxes. Antonio Aguirre, 798 Crandon Boulevard, with La Isla newspaper, addressed the Council to clarify erroneous information published, in the paper regarding the Recreation Department. Bill Ofgant, 512 Fernwood Road, spoke to Council regarding the difference between County controlled and Village contaulledmillage rates. RESOLUTIONS: The acting 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 1,1996 THROUGH SEPTEMBER 30, 1997 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. The manager began the budget review by giving a brief explanation on the difference between the proposed millage rate (3.80) and the roll back rate (3.606). 9 ORDINANCES: The acting clerk read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1996 THROUGH SEPTEMBER 30, 1997 IN THE AMOUNT OF $10,611,250.00 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DALE FOR A FINAL PUBLIC HEARING TO, ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DATE. At this time, the mayor opened the public hearing for general comments and explained that the public would also be allowed to address specific sections of the budget. Hearing no public comments on the budget in general, the mayor opened for comments specifically on the Capital Budget section. Page 2 of 9 Q September 12, 1996 Gregory Han, 685 Curtiswood Drive, addressed the Council regarding the Capital Budget. The mayor made a motion to reduce the Crandon Boulevard Capital Outlay allocation by $100,000. The motion was seconded by Councilman Llorente and passed on a 5-1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sime, Sullivan and Mayor Festa voting Yes. Councilman Padovan voted No. Council reviewed the Underground Wiring Capital Outlay allocation. Councilman Padovan made a motion to keep the $40,000 for underground wiring. Councilman Sime seconded the motion which failed on a 3-3 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly and Mayor Festa voting No. Councilmembers Padovan, Sime and Sullivan voting Yes. Council reviewed the West Mashta Drive Bridge Capital Outlay allocation. Martha Broucek, 170 Ocean Lane Drive, addressed the Council. It was the consensus that the allocation remain the same. The mayor made a motion to allocate $100,000 to the Harbor Drive Improvement line item in the Capital Outlay Budget. Martha Broucek, 170 Ocean Lane Drive addressed the Council. The motion was seconded by Councilman O'Reilly and adopted by unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. The Council discussed the Land Acquisition/Community Center Capital Outlay line item. Julie Alvarez, 234 Seaview Drive addressed the Council. The mayor made a motion to allocate $300,000 to the Land Acquisition line item. The motion was seconded by Councilman Llorente and passed on a 4-2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Sime and Sullivan voting No. It was the consensus of the Council that the Fire Equipment line item in the Capital Outlay budget be transferred to the Fire Rescue Department budget. Mayor Festa made a motion to reduce the Fire Vehicle Replacement Reserve in the Capital Outlay to $100,000. The motion was seconded by Councilman O'Reilly. Fire Rescue Chief William C. Huddleston addressed the Council. The motion passed by unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. It was the consensus of the Council that the $35,000 allocation for the East Enid Drive Parking be deleted from the budget. Page 3 of 9 September 1Z 1996 The Council discussed the proposed $25,000 line item allocation for the entrance sign. Councilman Padovan made a motion to keep the line item balance in the budget for the entrance sign. The motion was seconded by Councilman Sime. Martha Broucek, 170 Ocean Lane Drive and Finance Director Jack Neustadt addressed the Council on the entrance sign allocation. The motion to keep the $25,000 in the budget for the entrance sign failed by a 3 3 voice vote. The vote was as follows: Councilmembers Padovan, Sime and Sullivan voting Yes. Councilniembers Llorente, O'Reilly and Mayor Festa voting No. Council reconsidered the failed motion to keep the line item balance in the budget for the entrance sign. Councilman O'Reilly made a motion to remove the entrance sign tine item balance from the budget., The motion was seconded by Mayor Festa and failed by a 3 - 3 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly and Mayor Festa voting Yes. Counciimembers Padovan, Sime and Sullivan voting No. By Council consensus, the line item entitled "West Mashta Sidewalk" was renamed "West Mashta Traffic Calming/Sidewalks". Finance Director Jack Neustadt and Village Manager C. Samuel Kissinger addressed the Council. The mayor made a motion to delete the $10,000 allocation for the street signs from the Capital Outlay budget. The motion was seconded by Councilman O'Reilly and failed on a 4-2 voice vote. The vote was as follows: Councilmembers'Llorente, Padovan, Sime and Sullivan voting Yes. Councilman O'Reilly and Mayor Festa voting No. The mayor made a motion to reconsider the Underground Wiring Capital Outlay allocation which had been deleted by a previous Council vote. The motion to reconsider was seconded by Couneihnan Padovan and was passed by 4-2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime and Mayor Festa voting Yes. Councilmembers Llorente and Sullivan voting No. The mayor made a motion to delete the $40,000 allocation for Undeigtuund Wiring from the Capital Outlay budget. The motion was seconded by Councilman Sullivan and failed on a 3 - 3 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly and Mayor Festa voting Yes. Councilmembers Padovan, Sime and Sullivan voting No. Council discussed the contingency allocation in the Capital Outlay budget. The mayor made a motion to remove the $97,500 allocation for contingency from the Capital Outlay budget. The motion was seconded by Councilman O'Reilly and passed by a 4 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan and Mayor Festa voting Yes. Counciimembers Sime and Sullivan voting No. At this time, the Council began to review the non -departmental section of the Proposed Fiscal Year 1997 Budget. The mayor invited public comment on the non -departmental section. The following Page 4 of 9 0 0 September 12, 1996 residents spoke on the non -department budget: Conchita Suarez, 201 Crandon Boulevard; Heidi Archibald, 881 Ocean Drive; Ed Stone, 145 Hampton Lane; and Bill Durham, 748 Glenridge Road. The mayor closed the public hearing. Council discussed the Chamber of Commerce line item. The following residents addressed the Council regarding the Chamber of Commerce line item: Ed Stone, 145 Hampton Lane; Chris Sager, 335 Harbor Drive; and Martha Broucek, 170 Ocean Lane Drive. Councilman Sime made a motion to increase the allocation for the newsletter/annual report line item by $10,000to allow for a quarterly newsletter. Councilman Sullivan seconded the motion which passed by a 4 2 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan and Mayor Festa voting Yes. Councilmembers Padovan and O'Reilly voting No. Councilman O'Reilly made a motion to reduce the grant allocation in non -departmental by $20,000. The motion was seconded by Councilman Llorente. After discussion, Councilman O'Reilly made an amendment to reduce the grant allocation by the entire allocated amount which was seconded by Mayor Festa. The amendment failed by a 5 -1 voice vote. The vote was as follows: Councilman O'Reilly voted Yes. Councilmembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting No. The motion to reduce the grant allocation in non -departmental by $20,000 failed by a 5 -1 voice vote. The vote was as follows: Councilman O'Reilly voting Yes. Councilmembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting No. It was the consensus of the Council that the electricity line item be separated into Police, Fire Rescue and General Government budgets. Councilman Llorente made a motion to reduce the Financial Advisor line item by $8,000. The motion was seconded by Councilman O'Reilly and passed by unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. The mayor opened the public hearing on the Debt Service budget. Hearing no comments from the public, the mayor closed the public hearing. There were no changes to the Debt Service budget. The mayor opened the public hearing on the Building, Zoning and Planning Department budget. Hearing no comments from the public, the mayor closed the public hearing. Building, Zoning and Planning Director John P. Little addressed the Council. There were no changes to the Building, Zoning and Planning Depaitment budget. The mayor opened the public hearing on the Police Department. Hearing no comments from the Page 5 of 9 September 12, 1996 public, the mayor closed the public hearing. Police Chief Michael J. Flaherty addressed the Council. The following people addressed the Council: Joe Rasco, 310 West Heather Drive and Martha Broucek, 170 Ocean Lane Drive. The mayor opened the public hearing on the Fire Rescue Department. Hearing no comments from the public, the mayor closed the public hearing. The Council discussed the Fire Rescue Department's proposed Emergency Medical Transportation Fee. Mayor Festa made a motion to discuss the implementation of an emergency medical transportation fee. The motion was seconded by Councilman Sime which failed on a 5 -1 vote." The vote was as follows: Councilman Sime voted Yes. Councilmembers Llorente, O'Reilly, Padovan, Sullivan and Mayor Festa voting No. Fire Rescue Chief William C. Huddleston addressed the Council regarding his department's budget. Mayor Festa made a motion to extend the meeting to 1130 pa The motion was seconded by Councilman Llorente and failed on a 3 - 3 voice vote. The vote was as follows; Councilmembers Llorente, O'Reilly and Mayor Festa voting Yes. Councilmembers Padovan, Sime and Sullivan voting No. Councilman Padovan made a motion to reconsider the motion to extend the meeting to 11:30 p.m. The motion was seconded by Mayor Festa. The motion was tabled until Councilman O'Reilly returned by Council consensus. The mayor opened the public hearing on the Public Works Department. Hearing no comments from the public, the mayor closed the public hearing. The Council reviewed the Public Works Department budget. Village Manager C. Samuel Kissinger and Finance Director Jack Neustadt addressed the Council. Mayor Festa made a motion to bring back from the table the motion to reconsider the motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilman O'Reilly and passed by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sime, Sullivan and Mayor Festa voting Yes. Councilman Padovan voted No. The mayor made a motion to extend the meeting to 11:30 p.m_ The motion was seconded by Councilman Llorente and passed by a 4 2 voicevote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan and Mayor Festa voting Yes: Councilmembers Sime and Sullivan voting No. Councilman Padovan made a motion to decrease the landscape architect line item by $5,000. The motion was seconded by Councilman O'Reilly and passed on a 4 - 2 voice vote. The vote was as Page 6 of 9 D 0 September 12, 1996 follows:. Councilmembers Llorente, O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Sime and Sullivan v ng No. The mayor opened the public hearing cjn the Recreation Department. Hearing no comments from the public, the mayor closed the public earing. The Council did not have changes to the Recreation Department. The mayor opened the public hearing othe Council budget. Hearing no comments from the public, the mayor closed the public he . Councilman Padovan made a motion to reduce the administrative expenses Iine item of the ouncil budget to $4,000 and increase the conferences and seminars line item to $6,000. The moti n was seconded by Councilman Sullivan and passed on a 5 - 1 voice vote. The vote was as follovvs: Councilmembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The mayor opened the public hearing on the Village Clerk's budget. Hearing no comments from the public, the mayor closed the public hearing. Councilman O'Reilly made a motion to reduce the Clerk's salary line item to $36,000. The motion was seconded by Councilman Llorente and failed on a 5 -1 voice vote. The vote was as follows: Councilman O'Reilly voted Yes. Councilmembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting No. Councilman Sullivan made a motion to seconded by Councihnan Padovan and Councilmembers Llorente, O'Reilly, P duce the clerk bonus line item by $4,800. The motion was ssed by unanimous voice vote. The vote was as follows: lovan, Sime, Sullivan and Mayor Festa voting Yes. The mayor opened the public hearing on the Village Attorney's budget. Hearing no comments from the public, the mayor closed the public hearing. Mayor Festa made a motion to decrease the professional fees line item to $120,000 and increase the professional services - lawsuits line item to $40,000. The motion was seconded by Councilman Llorente and passed by unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. The mayor opened the public hearing bn the Administration's budget. The following residents addressed the Council: Mike Kahn, 881 Ocean Lane Drive and Martha Broucek, 170 Ocean Lane Drive. Councilman Sime made a moti n to allocate the proposed salary for the manager. The motion was seconded by Councilor Sullivan. After Council discussion, the motion was withdrawn. The mayor made a motion to adopt the roll back rate (3.606) for the millage rate. The motion was seconded by Councilman Sullivan and passed on a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes: Page 7 of 9 September 12, 1996 The acting 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 1,1996 THROUGH SEPTEMBER 30, 1997 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DA 1 b FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to set the date of September 26, 1996 for the final hearing. The motion was seconded by Councilman Llorente and passed by a 6 - 0 roll call vote: The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Following the motions establishing the tentative millage rate and date for final hearing, Resolution 96-26 adopting the tentative millage rate and setting a date for final public hearing was adopted by Council consensus. Mayor Festa made a motion to adopt the ordinance which established a tentative general fund operating budget with the budget changes. The motion was seconded by Councilman Llorente and passed by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Village Attorney Helfman stated that Florida Statute requires that the Village make a public announcement, at this time, on the percentage by which the re -computed proposed millage rate exceeds the roll back rate computed pursuant to Section 1. - which would be zero (0). In addition, the attorney stated that the percent shall be characterized as a percentage of increase of property taxes tentatively adopted by the governing body and that will be zero (0). The mayor briefly addressed the proposed ordinance to cap employee salaries. The meeting was adjourned at 11:40 p.m. Page 8 of 9 0 September 12, 1996 Resp led Yocely " G' iano Gomez Acting Village Clerk Approved by the Village Council this 15th day of October , 1996: 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 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. Page 9 of9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 24, 1996 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 the following: Councihnembers Raul LIorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Ray Sullivan (arrived at 7:03 p.m.) and Mayor Festa. Vice Mayor John Waid was absent. Also present were Acting Village Manager Jack Neustadt, Acting Village Clerk Yocelyn Galiano Gomez and Village Attorney Richard J. Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: By unanimous consent, the minutes of the special meeting of September 5, 1996 and the regular meeting of September 10, 1996 were adopted. 4. AGENDA: Mayor Festa requested the addition of a report from the Village Clerk Search Committee prior to the special presentation by the Grand Bay Resort and Residences. The acting clerk made a correction to agenda item 6-A. and stated that the hearing number should read 96 -0924 - VC -01. 5. SPECIAL PRESENTATIONS: Resident Camille Guething, 260 Seaview Drive, a member of the Village Clerk Search Committee, made a presentation to the Council regarding the final recommendations for the Village Clerk position from the Village Clerk Search Committee. It was the consensus of the Council that the Committee submit the resumes of the five finalists for review. Councilman Padovan introduced Bennett H. Brunnner who is running for the Office of Public Defender who addressed the Council. Woody Weiser with the Grand Bay Resort and Residences gave a brief report on the status of the construction project. The following residents addressed the Council on the Grand Bay Resort and Residences: Mike Kahn, 881 Ocean Lane Drive and Sam Davitian, 720 Myrtlewood Lane. 6. BUILDING, ZONING AND PLANNING: The following items were discussed: All witnesses giving testimony in the zoning hearings were sworn -in by the acting clerk. Page 1 of 6 September 24, 1996 Hearing Number 960924-VC=01. Josephine Rice and Kay Rhew, the applicants for the Harbor Plaza Shopping Center, requested an appeal of administrative decision on the issuance of a permit to Mr. Donald Berg allowing the installation of a fence between the his property and the Harbor Drive Shopping Plaza. Village Attorney Weiss and Building, Zoning and Planning Director John Little informed the Council on the history of the case. Josephine Rice, 166 Harbor Drive, addressed the Council. Ms. Rice submitted a petition in protest of the fence into the record. Ms. Rice also read a letter from Browning -Ferris Industries concerning their inability to enter the alley behind the Harbor Playa Shopping Center and provide solid waste disposal services. The letter was submitted and entered into the record. Anthony J. O'Donnell, Esq., 701 Brickell Avenue, representing Mr. Donald Berg addressed the Council. A letter from Anthony J. O'Donnell, Esq. with the law firm of Baker & McKenzie. to John P. Little, Jr., Director of Building, Zoning and Planning was entered into the record. Donald Berg, 200 Ocean Lane Drive addressed the Council. The following members of the public addressed the Council: Gregory Han, 685 Curtiswood Drive; Fred Perkins, 485 W. Matheson Drive; Bill Ofgant, 512 Fernwood Road; Martha Broucek,170 Ocean Lane Drive; and Mortimer Fried, 291 Harbor Court. The mayor closed the public hearing. Kay Rhew, 605 Ocean Drive, representing the applicant, addressed the Council in re-buttle. Mr. O'Donnell addressed the Council and placed into the record a letter dated August 16, 1996 from Stuart Altman, Esq. to Anthony O'Donnell, Jr,, representing Mr. Berg. The mayor closed the public hearing. Councilman Padovan made a motion to deny the appeal. The motion was seconded by Councilman O'Reilly and passed on a 5 -1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime and Mayor Festa voting Yes. Councilman Sullivan voting No. Hearing Number 96 -0924 -VC -02. The application submitted by Robert H. Matheson, Jr., Anna Matheson, Christine Anderson and Dorothy Cuayo, owners of the property located at One Crandon Boulevard, requested an amendment to the Village's Comprehensive Plan. Page2of6 September 24, 1996 The acting clerk read the following ordinance related to the hearing by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE BY REVISING THE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION OF THE FUTURE LAND USE MAP PERTAINING TO THAT CERTAIN PARCEL OF LAND AT ONE CRANDON BOULEVARD, (THE "PROPERTY") BEING THE NORTHERN MOST PARCEL OF LAND IN THE VILLAGE SITUATED ADJACENT TO AND EAST OF THE EAST RIGHT-OF-WAY LINE OF CRANDON BOULEVARD CONSISTING OF .69 ACRES; PROVIDING FOR AMENDMENT OF CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE IV "OTHER ZONING DISTRICTS" TO CREATE ZONING DISTRICT CLASSIFICATION FOR PUBLIC AND INSTITUTIONAL USE; PROVIDING PURPOSE OF PUBLIC AND INSTITUTIONAL USE; PROVIDING CRITERIA APPLICABLE TO PUBLIC AND INSTITUTIONAL USE; PROVIDING FOR REZONING AND REDESIGNATION OF THE PROPERTY FROM COUNTY BU -1A ZONING DISTRICT TO VILLAGE PUBLIC AND INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Village Attorney Weiss and Building, Zoning and Planning Director John Little addressed the Council on the application. The mayor opened the public hearing. Charles Coleta, Esq. 150 Southeast 2 Avenue, and Chris Sager, 335 Harbor Drive, representing the applicants addressed the Council. The following people addressed the Council: Shirley Brill, 150 Ocean Drive; Mark Fried, Ocean Village Condominium Association, Inc.; Chris Moran, 4836 Southwest 74 Court; Martha Broucek,170 Ocean Lane Drive; Gregory Han, 685 Curtiswood Drive; and Louis Alcebo, 425 Grapetree Drive. The mayor closed the public hearing. Councilman Llorente made a motion to adopt the ordinance on first reading. The motion was seconded by Councilman Padovan and passed by a 5 - 1 roll call vote.. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime and Mayor Festa voting Yes. Councilman Sullivan voting No. The second hearing for the ordinance was set for October 22, 1996. Hearing Number 96 -0924 -VC -03. Red Dragon's Sands, Ltd., the applicants, requested a modification to Resolution No. Z--02-94 to allow reconstruction of an outdoor bar and food service to be built on the existing foundations at the property located at 301 Ocean Drive. Page 3 of 6 September 24, 1996 Building, Zoning and Planning Director John Little gave a brief report on the application to the Council. Director Little state the recommendation of for approval of the application subject to specified conditions including the following: The hours of operation will be limited to 10:00 p.m. 2. Amplification or music will not be permitted to be emanated from that location. Carter McDowell, 701 Brickell Avenue, representing the applicant addressed the Council. The mayor opened the public hearing: Conchita Suarez, 201 Crandon Boulevard, addressed the Council. The mayor closed the public hearing. Councilman Sullivan made a motion to, approve the application with the specified conditions. The motion was seconded by Councilman Padovan and passed on a 6 0 roll call vote. The vote was as follows: Councilrnembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Hearing Number 96 -0924 -SA -01, Key Biscayne Galeria, Inc. , the applicants requested a modification of previously approved Key Biscayne Galeria Sign criteria to allow lettering style/font of wall signs to be selected by each tenant. Councilman O'Reilly precluded himself from the hearing in order to avoid the appearance of a conflict of interest. The acting clerk was directed by the Village Attorney to provide the proper documentation for Councilman O'Reilly. Building„ Zoning and Planning Director John Little addressed the Council on the application. The mayor opened the public hearing. Louis Alcebo, 425 Grapetree Drive, addressed the Council. The mayor closed the public hearing. The Village attorney recommended that item #2 from the application be deleted. The mayor made a motion adopting the revised application. The motion was seconded by Councilman Llorente and passed by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Councilman O'Reilly abstained from the vote. 8 RESOLUTIONS: There were no resolutions considered by the Council. 9. ORDINANCES: The acting clerk read the following ordinance by title: Page 4 of 6 September 24, 1996 AN ORDINANCE AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, REVISING CRITERION AND RESTRICTIONS CONCERNING SIGNS, PROVIDING FOR SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. The mayor made a motion to adopt the ordinance on first reading. The motion was seconded by Councilman Sullivan. Jeff Krell, 575 Sabal Palm Drive, with the Key Biscayne Chamber of Commerce Sign Committee addressed the Council. The following people also addressed the Council on the sign ordinance: Louis Alcebo, 425 Grapetree; Bill Ofgant, 512 Fernwood Road; and Scott Bass, 201 Galen Drive. Mayor Festa made a motion to defer the first reading of the ordinance to the October 15, 1996 meeting. The motion was seconded by Councilman Llorente and passed on a 4 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Sime and Mayor Festa voting Yes. Councilman Sullivan voting No. Councilman O'Reilly was absent from the vote. The acting clerk read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE ZONING CODE, AMENDING ARTICLE III `SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-61 "ACCESSORY BUILDINGS AND USES" BY CREATING PARAGRAPH H "REAR WATERWAY TRANSITION YARD" TO REGULATE STRUCTURES IN REAR YARD WHICH ABUT BISCAYNE BAY OR OTHER WATERWAYS; AMENDING SECTION 30-63 "DOCKS AND MOORING PILES" BY AMENDING PARAGRAPH B `BISCAYNE BAY AND HURRICANE HARBOUR" TO FURTHER RESTRICT EXTENSION OF DOCKS AND MOORING PILES INTO BISCAYNE BAY AND HURRICANE HARBOUR ; PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. Building, Zoning and Planning Director John Little addressed the Council on the ordinance. The mayor made a motion to adopt the ordinance. The motion was seconded by Councilman Sime and passed by a 5 - 0 roll call vote. The vote was as follows: Councilnembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Councilman O'Reilly was absent from the vote. The second hearing was set for October 22, 1996. It was the consensus of the Council that a registered letter to every water front home owner. Page 5 of 6 September 24, 1996 9. REPORTS AND RECOMMENDATIONS: There were no reports or recommendations considered by Council. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: The following schedule of meetings was presented to the Council and public: SPECIAL COUNCIL MEETING (BUDGET HEARING) THURSDAY, SEPTEMBER 26, 1996, 7:00 P.M., COUNCIL CHAMBER B. REGULAR COUNCIL MEETING TUESDAY, OCTOBER 15, 1996, 7:00 P.M., COUNCIL CHAMBER SPECIAL COUNCIL MEETING TUESDAY, OCTOBER 22, 1996, 7:00 P.M., COUNCIL CHAMBER 12. ADJOURNMENT: The meeting was adjourned at 10:40 p.m. Respec lly submitted: Yocelyri'G no Gom Acting Vi age Clerk Approved by the Village Council this l5thday of October 1996: IF A 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. Page 6 of 6 0 MINUTES SPECIAL VILLAGE COUNCIL MEETING (BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEPTEMBER 26, 1996 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 Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan and Mayor John Festa. Vice Mayor John Waid was absent. Also present were Acting Village Manager Jack Neustadt, Acting Village Clerk Yocelyn Galiano Gomez and Village Attorney Richard Weiss. 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: Mayor Festa recommended that the interviews for the Village Clerk position be scheduled for Thursday, October 3, 1996 at 7:00 p.m. in the Council Chamber. It was the consensus of the Council that the following three candidates be invited to interview on October 3, 1996: Conchita Alvarez, Theresse du Bouchet, and Sandra Rozar Sims. Councilman Sime requested that a special presentation on taxes be added to the agenda. There were no objections. 5. SPECIAL PRESENTATIONS: Councilman Sime made a brief presentation regarding taxes on Key Biscayne. 6. PUBLIC COMMENTS: The following people addressed the Council: Camille Guething, 260 Seaview Drive; Pat Weinman, 940 Mariner Drive; Mike Kahn, 881 Ocean Lane Drive; Dennis O'Hara, 111 Cape Florida Drive; Robert Maggs, 155 Ocean Lane; Sydney Cooper, 170 Ocean Lane Drive; Maria Cordo, 230 Cranwood Road; Dorothea Bailey, 338 West Heather Drive; Sandy Goldstein, 611 Ocean Drive; Jim Brewster, 500 N. Mashta Drive; Steve Simon, 335 Harbor Lane; Martha Broucek, 170 Ocean Lane Drive; Sam Davitian, 720 Myrtlewood Lane; Joe Rasco, 310 West Heather Drive; and Gregory Han, 685 Curtiswood Drive. The mayor closed the public comments. Page 1 of 4 September 26, 1996 RESOLUTIONS: The acting clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1996 THROUGH SEP I'EMBER 30, 1997 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES: The acting clerk read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1996 THROUGH SEPTEMBER 30, 1997 IN THE AMOUNT OF $10,243,910.00 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DALE. e mayor opened the public hearing. Hearing no comments from the public, the mayor closed the public hearing. Council discussed the proposed salary adjustments for Village staff. The mayor made a motion to adopt the proposed salary increases. The motion was seconded by Councilman Sime and passed by an unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. The mayor opened the public hearing on the issue of the manager's salary. Hearing no comments from the public, the mayor closed the public hearing. Councilman Sime made a motion to increase the manager's salary as proposed. The motion was seconded by Councilman Sullivan and passed on a 4 - 2 roil call vote. The vote was as follows: Councilmembers Padovan, Sime, Sullivan and Mayor Festa voting Yes. Councilmembers O'Reilly and Llorente voting No. Finance Director Jack Neustadt and Village Attorney Weiss addressed, the Council on the issue of insurance for the Village. Maria Cordo, with Sedgwick-James Insurance, Co. addressed the Council. It was the consensus of the Council that Requests for Proposals be prepared for award for Fiscal Year 1998 William Durham, 748 Glenridge Road, President of the Chamber of Commerce addressed the Council on the fourth of July fireworks_ 0 Page 2 of 4 September 26, 1996 Mayor Festa made a motion to transfer $56,000 from the special events allocation within the Recreation Department budget to the Non -departmental budget subject to an acceptable contract. The motion was seconded by Councilman Llorente and passed by a 5 - 1 voice vote. Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Councilman Sullivan voting No. The mayor made a motion to adopt the resolution adopting the final millage rate of 3.606 per $1,000 of assessed property value. The motion was seconded by Councilman Sime. Councilman O'Reilly made a motion to amend the millage rate to 3.412. There was no second to the motion. The motion to adopt the resolution adopting the final millage rate at 3.606 passed by a 6 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. The mayor made a motion to adopt the ordinance adopting a tentative budget of $10,243,910. Councilman Llorente seconded the motion which passed 6 - 0 by a roll call vote. The vote was as ` follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa. 10. REPORTS AND RECOMMENDATIONS: It was the consensus of the Council that the Village Attorney review the emplgyoe salary cap ordinance and revise the ordinance to include any necessary provisions accounting for existing contracts. It was also the consensus of the Council that the employee salary cap ordinance be brought back for first hearing on October 15, 1996. The mayor made a motion to defer the modifications to the manager's employee agreement. The motion was seconded by Councilman Padovan and passed by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHFDULE OF FUTURE MEET1NGS/EVENTS: The following schedule of meetings was presented to the Council and public: A. SPECIAL COUNCIL MEETING (VILLAGE CLERK INTERVIEWS) THURSDAY, OCTOBER 3, 1996, 7:00 P.M., COUNCIL CHAMBER Page 3 of 4 REGULAR`COUNCILMEETING TUESDAY, OCTOBER 15, 1996, 7:00 P.M., COUNCIL CHAMBER SPECIAL COUNCIL MEETING TUESDAY, OCTOBER 22, 1996, 7:00 P.M., COUNCIL CHAMBER ADJOURNMENT: The meeting was adjourned at 9:10 p.m. Resp,gfujfl mitt -d: 0 ocelyn G' iano Go 'z Acting Village Clerk Approved by the Village Council this 15th day of October , 1996: hn F. Festa Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION NUDE BYTHE 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 4 of 4 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, OCTOBER 3, 1996 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 Raul Llorente, Michele Padovan, Betty Sime, Raymond Sullivan and Mayor John Festa. Vice Mayor John Waid and Councilman Hugh O'Reilly were absent. Also present were Village Manager C. Samuel Kissinger, Acting Village Clerk Yocelyn Galiano Gomez and Village Attorney Richard Weiss. 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 to the agenda. 5. INTERVIEWS FOR VILLAGE CLERK: The Council discussed the procedures for conducting the interviews for the clerk position. The following people addressed the Council: Ed Stone, Chairman of the Village Clerk Search Committee and Martha Broucek, 170 Ocean Lane Drive. At this time, Council proceeded with the first interview. Theresse Du Bouchet was interviewed by the Council. Following the interview, Council briefly discussed the candidate. The second finalist for the clerk position, Conchita Alvarez was interviewed by the Council. Following the interview, Council briefly discussed the candidate. The third and final candidate for the clerk position was interviewed at this time. Clerk candidate, Sandra Rozar Sims addressed the Council. The following residents spoke on the candidates: Michael Kahn, 881 Ocean Lane Drive and Martha Broucek , 170 Ocean Lane Drive. Page 1 of 2 October 3, 1996 Councilman Llorente made a motion to offer the position of Village Clerk to Conchita Alvarez at a starting salary of $34,000. The motion was seconded by Councilman Sime. Martha Broucek, 170 Ocean Lane Drive and Michael Kahn, 881 Ocean Lane Drive addressed the Council. The motion passed on a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting Yes. Conchita Alvarez addressed the Council and accepted the position of Village Clerk. 6: ADJOURNMENT: ENT: The meeting was adjourned at 10:10 p.m. Respe ullys ocelyn a ano Go Acting Village Clerk Approved by the Village Council this 15 day of October ,1996: nF.Festa ayor IFA PERSONDECIDES 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. Page2of2 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 15, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Village Clerk at 7:05 p.m. Present were Councihnembers Raul Llorente, Michele Padovan, Betty Sime, Raymond Sullivan, Hugh O'Reilly and Mayor John Festa (arrived at 7:50 p.m.). Vice Mayor John Waid was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. By unanimous consent Councilman Sullivan was elected to serve as Mayor pro tem in the absence of the mayor and vice mayor. 2. INVOCATION: Attorney Weiss gave an invocation. 3. PLEDGE OF ALLEGIANCE: Councilman Sullivan led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the budget hearing of September. 12, 1996, the minutes of the special meeting of September 24, 1996, the minutesof the special. meeting of September 26, 1996 and the minutes of the special meeting of October 3, 1996 were adopted by unanimous consent. 5. AGENDA: Councilman Padovan requested the addition of discussion regarding the transfer of the fireworks funds as item 10-A-2. 6. SPECIAL PRESENTATIONS: Councilman Sullivan introduced Barbara Hunsaker, 285 Ridgewood Road, President, Key Biscayne Elementary Parents and Teachers Association, who introduced Cynthia Cutler, 251 Crandon Boulevard, Chairman, Key Biscayne Technology Trust Foundation. Ms. Cutler made a plea to the Council for support to establish the foundation. Christine Master, District Director for Instructional Technology for Dade County Public Schools, and Victor Alonso, Regional Supervisor Capital Improvement Projects for Dade County Public Schools also addressed the Council. Councilman Padovan made a motion to award $45,000 to the foundation ($20,000 from FY96 and $25,000 from FY97). The motion was seconded by Councilman O'Reilly. Councilman O'Reilly made an amending motion to award the foundation a grant in the Page 1 of8 October 15, 1996 amount of $25,000 per year for a 3 year period. The motion was seconded by Councilman Sullivan with the provision that there would be accountability after each year and no additional funds would be granted in the future years if there was a lack of accountability. The amendment was adopted by a 6-0 voice vote. The amended Padovan motion was adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Padovan, Sime, Sullivan, Llorente, O'Reilly and Mayor Festa voting Yes. The mayor introduced James Taintor III, 355 Harbor Drive who made a presentation on the Flood Insurance Program, Windstorm Shutter Credit and Community Rating System. The following residents addressed the Council on this -issue: HaydeeArchibald, 881 Ocean Drive and Martha Broucek, 170 Ocean Lane Drive. By consensus of the Council, Item 10-D-2, a 1995-96 Community Assistance Grant Application was considered at this time. Luis Arrondo, 350 Grapetree Drive, #406, representing Cub Scout Pack 322 addressed the Council regarding this organization. Councilman Padovan made a motion to, approve the application and was seconded by Councilman Sullivan: Greg Han, 685 Curtiswood, addressed the Council . The motion was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes. Mayor Festa voting No. 7. PUBLIC COMMENTS: There were no, speakers present. 8 ORDINANCES: The clerk read the followi.- �g ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE BY REVISING CRITERION AND RESTRICTIONS CONCERNING SIGNS, PROVIDING FOR SEVERABILITY, INCLUSION IN I'DE CODE AND AN EFFECTIVE DATE. John Little, Director of Building, Zoning and Planning, addressed Council regarding the proposed ordinance. After extensive discussion it was the consensus of the Council to further consider this matter at their November 12 Council Meeting. The mayor opened a public hearing. The following residents addressed the Council: Jim Brewster, Page 2 of 8 0 0 October 15, 1996 500 North Mashta Drive, member of the Key Biscayne Chamber of Commerce Sign Committee; Conchita Suarez, 201 Crandon Boulevard; Bill Ofgant, 512 Fernwood; Bill Durham, 748 Glenridge Road, President, Key Biscayne Chamber of Commerce; Mortimer Fried, 249 Harbor Court; Haydee Archibald, 881 Ocean Drive; and Martha Broucek, 170 Ocean Lane Drive. There was extensive discussion on the proposed ordinance. Mayor Festa made a motion to adopt the ordinance. The motion was seconded by Councilman O'Reilly. Councilman Sime made a second to the motion to go back to the original language on the number of signs per original code. The amendment to the motion failed on a 3-3 voice vote. Mayor Festa made an amendment to the motion to have no Open House signs on Crandon Boulevard. The amendment to the motion was seconded by Councilman O'Reilly. The amendment was adopted on a 6-0 voice vote. Councilman Sullivan made a motion to amend window area signs from 35% to 20%. The motion was seconded by Councilman Padovan. The motion failed on a 3-3 voice vote. The ordinance was adopted as amended on a 5-1 roll call vote. The vote was as follows: Mayor Festa, Councilmembers Llorente, O'Reilly and Sime voting Yes. Second reading of the ordinance was scheduled for November 12, 1996. The clerk read the following ordinance, on first 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 CAPT' ESTABLISHING A SALARY CAP IN THE AMOUNT OF $ 105,000.00 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. The Mayor made a motion adopting the ordinance. The ordinance was seconded by Councilman O'Reilly. The Mayor made a motion to make an amendment to fill in the blank at $105,000. The amendment was seconded by Councilman O'Reilly. There was extensive Council discussion regarding the proposed ordinance. Councilman O'Reilly proposed an amendment to Section 2-59 of the ordinance by striking "as made by the Village Council from time to time" and inserting "That the Manager will use the U.S. Department of Labor, Bureau of Labor Standards....". The amendment was seconded by Councilman Llorente. Councilman Sime made a motion to defer the ordinance to the November 14 Council meeting. It was seconded by Councilman Sullivan. The motion was adopted by a 6-0 voice vote. Page 3 of8 October 15, 1996 RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF LUISA'B. DE LA PEZUELA PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion adopting the resolution. The motion was seconded by Councilman Sullivan. Resolution 96-28 was adopted by 6-0 voice vote. The clerk read the fallowing resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 20-26, 1996, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 96-29 was adopted by a 6-0 voice vote. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING OCTOBER 1996, AS THE FIRST ANNUAL INVASIVE NONNATIVE PLANT ERADICATION AWARENESS MONTH; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. After some discussion, Councilman Llorente made a motion to defer the resolution to the November 12 Council Meeting. There was no second to the motion. Resolution 96-30 was adopted by 6-0 voice vote. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A POLICY FOR AN ANNUAL EMPLOYEE COST OF LIVING ADJUSTMENT; PROVIDING FOR AN EFFECTIVE DATE. 0 Page 4 of 8 October 15, 1996 Mayor Festa made a motion to adopt the resolution and it was seconded by Councilman Padovan. The mayor made a motion to defer this resolution to the November 12 Council Meeting. Motion to defer was approved by a 6-0 voice vote. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. Bill Durham, 748 Glendridge Road, President, Key Biscayne Chamber of Commerce addressed the Council At this time, the Council discussed the transfer of the funds to the Recreation Department from the Key Biscayne Chamber of Commerce for the Village's 4th of July Fireworks Program. After extensive discussion, Councilman Llorente made a motion transfering the funding of the 4th of July Fireworks Program to the Recreation Department. The motion was seconded by Councilman Sime and was adopted by a 6-1 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan and Llorente voting Yes. Mayor Festa voting No. The Mayor made a motion to adopt the resolution. The motion was seconded by Councilman Sime. Resolution 96-31 was adopted by a 6-0 voice vote. The clerk read the following resolution by title: A RESOLUTION OF TIE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING A DONATION IN THE AMOUNT OF $4,000 FROM OCEAN CLUB DEVELOPMENT AND $1,000 FROM TANENBAUM-HARBER CO., INC. FOR THE PURCHASE OF TECHNICAL RESCUE EQUIPMENT FOR THE FIRE RESCUE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to adopt the resolution. The motion was seconded by Councilman Sime. Resolution 96-32. Was adopted by a 6-0 voice vote. The vote was as follows: Mayor Festa, Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes. Page 5 of 8 October 15, 1996 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING 1'Nt MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to adopt the resolution. The motion was seconded by Councilman Sime. Resolution 96-33. Was adopted by 6-0 voice vote. The vote was as follows:' Mayor Festa, Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed. Mayor and Councilmembers: The Mayor requested that the Village Attorney prepare for first reading a proposed ordinance regarding the use of Golf Carts on municipal streets: Jim Taintor, 355 Harbor Drive, addressed the Council in reference to insurance requirements for golf carts. The Police Chief was directed by Council to do research in reference to insurance and license plate requirements and come bark with recommendations at next meeting. It was the consensus of the Council to bring this issue back to the November 12, 1996 Council Meeting: Village Attorney: The attorney informed the Council of a letter received by the Fire Rescue Department from the Department of Labor in reference to a firefighter filing a complaint questioning the method in which we were paying for training while obtaining paramedic certification. The attorney also discussed a letter from Bryan O'Neil, 230 Glenridge Road, requesting permission to put a nativity scene on the Village Green. Village Clerk: The Clerk submitted an activity report and requested approval for travel to the Florida Association of City Clerks' Certification Institute to be held at Ponte Vedra Beach, Florida. The. Mayor moved a motion to approve travel and it was seconded by Councilman Sime. It was approved by a 6-0 voice vote. The vote was as follows: Mayor Festa, Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes. Village Manager: The manager requested the deferral of discussion regarding the Femwood Sanitary Sewer Extension. Inga Michaels, 525 Fanwood, addressed the Council. The manager presented to the Council a list of employees qualifying for the 1996 Employee Development Program. The manager requested a waiver from the requirement for an employee to remain in employment one full year after completion of approved course instruction for former Village Clerk Guido Inguanzo. Councilman O'Reilly made a motion to grant the waiver. The waiver was seconded by Councilman Sime. It was approved by a 6-0 voice vote. The vote was as follows: Councilman Padovan, Sime, Sullivan, Llorente, O'Reilly and Mayor Festa voting Yes. Page 6 of 8 0 0 October 15, 1996 fl The manager requested approval for the purchase of three (3) 1997 Fords, 4 door model, police patrol vehicles. Councilman O'Reilly made a motion to approve the purchase of the police patrol vehicles at a cost of $60,279.67 via Metro Dade Government bid number 5459-0/97. The motion was seconded by Councilman Sime and adopted by a 6-0 voice vote. The vote was as follows: Mayor Festa, Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes. The Council discussed matters relating to the Village Manager's employment contract. Councilman Sime made a motion approving a proposed contract for the manager. The motion was seconded by Councilman Sullivan. Councihnan Padovan made a motion to extend the meeting. Mayor Festa seconded the motion to extend the meeting to 11:30 p.m. and failed by a vote of 3-3. The vote was as follows: Mayor Festa, Councilmembers Sime and Padovan voting Yes. Councilmembers Sullivan, Llorente and O'Reilly voting No. The motion was reconsidered by Councilman Llorente and seconded by Mayor Festa. The motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Padovan, Sime, Sullivan, Llorente O'Reilly and Mayor Festa voting Yes. Mayor Festa made a motion to extend the meeting to 11:25 p.m. and was seconded by Councilman Sullivan. The motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Padovan, Sime, Sullivan, Llorente O'Reilly and Mayor Festa voting Yes. After extensive discussion it was the consensus of the Council to further consider this matter at their November 12 Council Meeting. The manager informed the Council and public that a Veterans Day Celebration on November 11, 1996 will be held in cooperation with the American Legion Post and will be held at the Village Green. 11. OTHER BUSINESS/GENERAL DISCUSSION: The mayor directed the village clerk to invite representatives of the Safe Neighborhood Parks Act to the next meeting for a presentation regarding that matter. The manager requested permission to install a sign on the Village Green similar to signs used by the Dade County Parks Department. There was no objection to this matter. Councilman Llorente congratulated the new Village Clerk on her first meeting. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 13. ADJOURNMENT: The meeting adjourned at 11:20 p.m. Page 7 of 8 October 15, 1996 Conchita H. Alvarez Village Clerk: Approved by the Village Council this 15th day of October ,1996: F. Festa ayor 0 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, WHICHRECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 8 of8 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, NOVEMBER 6, 1996. COUNCIL CHAMBER 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:00 p.m.. Present were Councilmembers Raul Llorente, Michele Padovan, Betty Sime, Ray Sullivan and Mayor John Festa. Councilman Hiigh O'Reilly and Vice Mayor John Waid were absent. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Stephen Heitman. 2. PLEDGE OF ALLEGIANCE: The mayor led the pledge of allegiance. 3. APPROVAL OF MINUTES: Councilman Padovan offered the following correction of the minutes of the meeting of October 15, 1996: Councilman Padovan made a motion to award $50;00045.000 to the foundation ($25.00020.000 from FY96 and $25,000 from FY97). There were no objections to the changes and the corrected minutes were adopted by unanimous -consent. 4. AGENDA: The Village Manager requested that Item 8-D-1, regarding contract amendments for the manager, be deferred to the next Council Meeting. The Village Attorney requested the addition of two items regarding the mandatory recount of votes and the setting of the special election in connection with the debt limitation under his report . 5. SPECIAL PRESENTATIONS: Mayor Festa, on behalf of the Council, presented a copy of Resolution 96-28 to Mr. Gonzalo de la Pezuela expressing the Council's sympathy in the death of resident Luisa B. de la Pezuela. 6. PUBLIC COMMENTS: There were no public comments. 7. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING JAMES M. DOWD FOR HIS SERVICE TO THE VILLAGE AS A SPECIAL MASTER; PROVIDING FOR AN EFFECTIVE DATE. 1 of November 6, 1996 Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 96-28 was adopted by a 4-0 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan and Mayor Festa voting Yes: Mayor Festa requested that Mr. Dowd be invited to the next Council meeting to present him with the Resolution. 8. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE BY REVISING THE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MUI1ln AMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION OF THE FUTURE LAND USE MAP PERTAINING TO THAT CERTAIN PARCEL OF LAND AT ONE CRANDON BOULEVARD, (TIIE "PROPERTY") BEING THE NORTHERN MOST PARCEL OF LAND IN THE VILLAGRSITUATED ADJACENT TO AND EAST OF THE EAST RIGHT -OF- WAY LINE OF CRANDON BOULEVARD CONSISTING OF .69 ACRES; PROVIDING FOR AMENDMENT OF CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING;ARTICLE IV "OTHER ZONING DISTRICTS" TO CREATE ZONING DISTRICT CLASSIFICATION FOR, PUBLIC AND INSTITUTIONAL USE; PROVIDING PURPOSE OF PUBLIC AND INSTITUTIONAL USE; PROVIDING CRITERIA APPLICABLE TO PUBLIC AND INSTITUTIONAL USE; PROVIDING FOR REZONING AND REDESIGNATION OF ME PROPERTY FROM COUNTY BU -IA ZONING DISTRICT TO VIT i AGE PUBLIC AND INSTITUTIONAL ZONING DISTRICT, PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. The attorney briefed the Council on this issue. The following citizens addressed the Council: Charles Kaleta, 150 Southeast 2nd Avenue, Miami, representing Robert ,Matheson & sisters; Mark Fried, 1001 South Bayshore Drive, Miami, representing Ocean Village Condominium. The Mayor made a motion to defer theordinance to the next Council Meeting on November 14, 1996 and directed the attorney to reword ordinances based on recommendations ofCouncilmembers. The motion was seconded by Councilman Sullivan. John Little, Director of Building, Zoning and Planning, read the section in the master plan that refers to this situation. The motion was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan and Mayor Festa voting Yes. 2of7 0 November 6, 1996 The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF 1'HL VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING Mb ZONING CODE, AMENDING ARTICLE HI `SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-61 "ACCESSORY BUILDINGS AND USES" BY CREATING PARAGRAPH H "REAR WATERWAY TRANSITION YARD" TO REGULATE STRUCTURES IN REAR YARD WINCH ABUT BISCAYNE BAY OR 01'HLR WATERWAYS; AMENDING SECTION 30-63 "DOCKS AND MOORING PILES" BY AMENDING PARAGRAPH II "BISCAYNE BAY AND HURRICANE HARBOR" TO FURI'HLR RESTRICT EXTENSION OF DOCKS AND MOORING PILES INTO BISCAYNE BAY AND HURRICANE HARBOR; PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. Building, Zoning and Planning Director John Little made a presentation to the Council on the history involved with this issue.. Those persons wishing to speak on this case were sworn -in by the Mayor. rThe Mayor opened the public hearing. The following members of the public, who were duly swom in by the Mayor, addressed the Council: Finlay Matheson, 480 Matheson Drive; J.J. Donahue, 820 Harbor Drive; Jim Taintor, 355 Harbor Drive; Dorothy Papasian, 425 Harbor Drive; Gregory Han, 685 Curtiswood Drive . The mayor closed the public hearing. There was extensive discussion from Council and staff regarding the proposed ordinance. The mayor directed staff to draft an ordinance based on the recommendations made by Council. The mayor made a motion to defer this ordinance for the next Council Meeting on November 14, 1996. The motion was adopted by a 4-0 voice vote. The vote was as follows: Counctimembers Llorente, Padovan, Sullivan and Mayor Festa voting Yes. term 9. BUILDING AND ZONING: The following items were discussed: All witness giving testimony in the following zoning hearings were sworn in by the mayor. Hearing Number 96 -1022 -VC -01. Cristina Agostini, representing Marcello and Qania Agostini, 601 Harbor Drive, requested a non-use variance to permit the 13.36 -foot high wood trellis fence above 3 of November 6, 1996 the crown of road built between the principal building and West Enid Drive vs. the maximum allowed 8 -foot high fence above the crown of road permitted by resolution no. Z-02-96 and to permit the encroachment of the existing plant material consisting of five (5) trees planted along the property line within the right of way to remain as installed. Building, Zoning and. Planning Director Little stated his recommendations for denial of the roof wood trellis and approval of the existing plant material. The mayor opened the public hearing. Cristina Agostini, 601 Harbor Drive, representing the applicant, addressed the Council. Gregory Han, 685 Curtiswood Drive; Mortimer Fried, 291 Harbor Court, Sixto Campano, 760 Allendale, also addressed the Council. The mayor closed the public hearing. After some discussion from Council on this issue, the mayor made a motion to defer the hearing to the next Council Meeting on November 14, 1996. The motion was seconded by Councilman Llorente and adopted by a 4-0 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan and Mayor Festa voting Yes. Hearing Number 96 -1022 -VC -02. Andres and Marivi Garcia, 14 Harbor Point, the applicant requested a non-use variance of section 30-61(e) of the Code of Key Biscayne to permit the construction of a 1,429 sq. ft pool cabana in rear of the property vs. the required: section 30-61(e) "except as otherwise provided, accessory buildings shall be limited to 300 square feet in area....". The applicants also requested a non-use variance of section 30-61 (f) of the Code of Key Biscayne to permit the construction of a 23'-0" deep pool cabana in rear of the property vs. the required: section 30-61 (f) "accessory buildings.... shall be limited to a maximum of 20 feet and a non-use variance of section 30-61 (e) of the Code of Key Biscayne to permit the construction of a pool cabana in rear of property with an overall height of 23.58' totop of the parapet above the maximum rear lot elevation @7.5' and an additional height of 5.5' to the top of the roof -top trellis vs. the required: section 30.61(e) "the maximum wall height shall not exceed 14.0 feet above the maximum lot elevation". The applicants also requested a non-use variance of Section 30-61(g) of the Code of Key Biscayne to permit the construction of a pool cabana in rear of the property with an access to roof -top terrace vs. the required: section 30-61(g) "No roof -top access is permitted for any accessory structure located in the rear zone". Director of Building, Zoning and Planning Little addressed the Council. Raul Lastra, Village Planner, stated his recommendation to approve the variances except for the wood trellis fence which needs to be removed. 4 of 7 November 6, 1996 The mayor opened the public hearing. Deborah de Leon, 100 Buttonwood, representing the applicant, addressed the Council. The mayor closed the public hearing. After extensive discussion from Council, Councilman Padovan made a motion to approve the recommendation made by staff. The motion was seconded by Councilman Llorente. Councilman Sullivan made a motion to defer the hearing to the next Council Meeting on November 14, 1996. The motion was seconded by Mayor Festa and failed on a 2-2 voice vote. The vote was as follows: Mayor Festa and Councilman Sullivan voting Yes. Councilmen Llorente and Padovan voting No. Councilman Padovan withdrew the motion to approve the recommendation by staff. Mayor Festa made a motion to defer the hearing to the next Council Meeting 011 November 14, 1996. The motion was seconded by Councilman Padovan and adopted by a 4-0 voice vote. The vote was as follows: Councilmen Llorente, Padovan, Sullivan and Mayor Festa voting Yes. Hearing Number 96 -1022 -VC -03. Sixto Campano, 395 Gulf Road, the applicant, requested a non- use variance of section 30-53.1 of the Code of Key Biscayne to permit a portion of a new construction of 24 feet 4 inches in width and 19 feet in height above BFE extending to 15 feet from the front property line vs. the required: at the 15 foot front setback line: "When that portion of the structure is greater than 20 feet in width, the wall height may not exceed 14 feet as measured from BFE (elevated)". Sixto Campano, 760 Allendale, addressed the Council requesting a deferral for the next Council meeting on November 14, 1996. Mayor Festa made a motion to approve the request. The motion was seconded by Councilman Padovan and was adopted by a 4-0 voice vote. The vote was as follows: Councilmen Llorente, Padovan, Sullivan and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers The council did not submit a report. Village Attorney. The attorney advised the Council, in reference to the November 5, 1996 election, that there is a requirement by State Statutes that where the vote is so close as is the case between the second and third candidates a recount of votes should take place. The Council needs to request the Supervisor of Elections to conduct the necessary recount according to Florida Statutes 102.141(4). The recount will take place on November 7, 1996 at 1:00 p.m. at the Dade County Election Headquarters. The recount of the votes was approved by unanimous vote. The vote was as follows: Councilmen Llorente, Padovan, Sullivan and Mayor Festa voting Yes. The following residents addressed the Council: Bonnie Cooper, 77 Crandon Boulevard; Martha Broucek, 170 Ocean Lane Drive. r 5of7 November 6, 1996 The attorney also presented a resolution to schedule a special election concerning the proposed debt cap ammendment to the charter. Mayor Festa made a motion to adopt the resolution with a set date of January 21, 1997 for this election. The motion was seconded by Councilman Llorente and adopted by a 4-0 voice vote. The vote was as follows_ Councihnen Llorente, Padovan, Sullivan and Mayor Festa voting Yes. The mayor directed the attorney, with the consent of Council, to research all options to extend this election beyond the required 120 days. Village Clerk. The clerk did not submit a report. Village Manager. The village manager did not submit a report. 11. OTHER BUSINESS/GENERAL DISCUSSION: Councilmen Sullivan and Llorente addressed the Council on their last Council meeting as Councilmen. The following residents addressed the Council: Martha Broucek, 170 Ocean Lane Drive; Mortimer Fried, 291 Harbor Court. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was, presented to the Council and public. 6of7 0 November 6, 1996 13. ADJOURNMENT: The meeting adjourned at 9:40 p.m. Respec ully submitted: onc ita H. Alvarez Village Clerk Approved by the Village Council this day of , 1996: n 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 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 WEDNESDAY, NOVEMBER 14, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEIVIBERS: The mayor called the meeting to order at 7:00 p.m.. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Michele Padovan, Christina Reed, Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Stephen Helfinan. 2. INVOCATION: The Village attorney gave the invocation. 2. PLEDGE OF ALLEGIANCE: The mayor led the pledge of allegiance. 4. APPROVAL OF MINUTES: No minutes were submitted for approval. 5. AGENDA: Councilman Han requested the following changes to the agenda: addition of dates for goals & objectives session, council procedures agreement, situation with vice mayor Waid under item 11-A, reports and recommendations. Councilman Sime requested the addition under the same line item of a discussion on the appointment of members for the Charter Revision Committee. The Village Clerk requested the addition of the presentation of resolution no. 96-28 to James Dowd and the approval of a resolution recognizing November as National Epilepsy month under Item 6 C and D. The Village Attomey requested the deferral of Item 8-A-1 and Item 8-A-2. 6. SPECIAL PRESENTATIONS: Mayor Festa, on behalf of the Council, presented a copy of Resolution 96-32 to Mr. John Hinson, expressing the Council's appreciation for the donation to purchase fire rescue equipment. Mayor Festa, on behalf of the Council, presented a copy of Resolution 96-34 to Mr. James Dowd, expressing the Council'sappreciationfor his contributions as Special Master for the Village. The recipients of the 1996 employee development program grants were called to receive their grants. The following recipients were present to receive their checks and addressed the council: L. Conlon and R. DiFerdinando. Recipients R. Aguiar, M. Bain, C. Greaves and T. Romero were absent and will receive their checks at another time. 1 of12 A request from the Key Biscayne Friends of the Nativity to install a nativity scene at the Village Green was discussed at this time. After brief discussion by Council, Mayor Festa made a motion to approve the request. The motion was seconded by Councilman Fried. The motion was adopted by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. 7. PUBLIC COMMENTS: There were no speakers present. 8. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VII..LAGE") AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE BY REVISING THE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION The village attorney addressed the council on this matter with the recommendation to defer this ordinance with an uncertain date. The following citizens addressed the council on this issue: Charles Kaleta, 150 Southeast 2nd Avenue, Miami; Mark Fried, 1001 South Bayshore Drive, Miami; Martha Broucek, 170 Ocean Lane Drive. Mayor Festa made a motion to defer with an uncertain date. The motion was seconded by Councilman Padovan and approved by a 7-0 voice voter The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AMENDING THE COMPREHENSIVE PLAN OF i'Hb VILLAGE BY REVISING 1HE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION OF THE FUTURE LAND USE MAP PERTAINING TO THAT CERTAIN PARCEL OF LAND AT ONE CRANDON BOULEVARD, (I HE "PROPERTY") BEINGTHE NORTHERN MOST PARCEL OF LAND IN 1'HE VILLAGE SITUATED ADJACENT TO AND EAST OF THE EAST RIGHT-OF- WAY LINE OF CRANDON BOULEVARD CONSISTING OF .69 ACRES; PROVIDING FOR AMENDMENT OF CIIAPTER30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE IV "0 1'HLR ZONING DISTRICTS" TO CREATE ZONING DISTRICT CLASSIFICATION FOR PUBLIC AND INSTITUTIONAL USE;; PROVIDING PURPOSE OF PUBLIC AND INSTITUTIONAL USE; 2of12 0 November14, 1996 PROVIDING CRITERIA APPLICABLE TO PUBLIC AND INSTITUTIONAL USE; PROVIDING FOR REZONING AND REDESIGNATION OF THE PROPERTY FROM COUNTY BUA ZONING DISTRICT TO VILLAGE PUBLIC AND INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. The attorney addressed the council on this issue. At this time Charles ICaleta, 150 Southeast 2nd Avenue, Miami, representing Robert Matheson & sisters; Mark Fried, 1001 South Bayshore Drive, Miami, representing Ocean Village Condominium; Martha Broucek, 170 Ocean Lane Drive, addressed the Council. Mrs. Broucek requested that the Pankey Institute donate the proposed facility to the Village if it should abandon the site at any future date, and the representative for the Pankey Institute assured her that the institute would take the request under consideration. Mayor Festa opened the public hearing. Councilman Sime made a motion to approve the ordinance. The motion was seconded by Councilman Padovan. Mayor Festa made a motion to defer the ordinance to an uncertain date . The motion was seconded by Councilman Fried and approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING I`BL ZONING CODE, AMENDING ARTICLE HI `SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-61 "ACCESSORY BUILDINGS AND USES" BY CREATING PARAGRAPH H "REAR WATERWAY TRANSITION YARD" TO REGULATE STRUCTURES IN REAR YARD WHICH ABUT BISCAYNE BAY OR OTHER WATERWAYS; AMENDING SECTION 30-63 "DOCKS AND MOORING PILES" BY AMENDING PARAGRAPH B "BISCAYNE BAY AND HURRICANE HARBOR" TO FURTHER RESTRICT EXTENSION OF DOCKS AND MOORING PILES INTO BISCAYNE BAY AND HURRICANE HARBOR; PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. Staff recommended deferral of this ordinance. The village attorney addressed the council on this issue and recommended deferral to the Council Meeting of December 10, 1996. The mayor opened the public hearing. Mayor Festa made a motion to defer the ordinance to the Council Meeting of December 10, 1996. The motion was seconded by Councilman Sime. The vote 3 of 12 Novemberl4, 1996 was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE AMENDING CHAPTER 28 "SIGNS" OF THE CODE OF. THE VILLAGE OF KEY BISCAYNE BY REVISING CRITERION AND RESTRICTIONS CONCERNING SIGNS, PROVIDING FOR SEVERABILITY, CODIFICATION AND EFFECTIVE DATE ' Director ofBuilding, Zoning and Planning John Little addressed the council explaining the revisions to this ordinance. There was extensive discussion by council on this item. The following residents addressed the council: Bill Ofgant, 510 Fernwood; Bob Brookes, Chamber of Commerce, 95 West McIntyre; John Hinson, Ocean Club Development Co., 750 Crandon Boulevard; Chuck Alter, New York Pizza, 260 Crandon Boulevard; Patricia Copan, 280 Ridgewood Martha Broucek, 170 Ocean Lane Drive; James Pilafian, Key Biscayne Shopping Arcade; James Brewster, 500 N. Mashta Drive; Shirley Brill, 550 Ocean Drive; Luis Alcebo, 425 Grapetree Drive. The mayor closed the public hearing. Mayor Festa made a motion to approve the ordinance and was seconded by Councilman Fried. Mayor Festa made a motion to amend section 28-5, Signs Not Requiring A Permit, to read from November.1 to January 15_ The motion was seconded by Councilman Sime and approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Mayor Festa made a motion to amend section 28-5 as to Other Holidays, signs can be installed seven days prior to the holiday and removed seven days after the holiday. The motion was seconded by Counciinian'Han and adopted by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Councihnan Han made a motion to change section 28-6, Residential District Permanent Signs, section 2.1 sign width from 6 to 8 ft. The motion was seconded by Councilman O'Reilly and adopted by a voice vote of 7-0. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sane voting Yes. Councihnan Han made a motion to amend section 28.7(1), Nonresidential District Signs, sign width from 6 to 8 ft. The motion was seconded by Councilman O'Reilly and adopted by a voice vote of 7-0. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and 4 of 12 0 0 0 November14, 1996 Sime voting Yes. Councilman Reed made a motion to amend section 28.7 (6) from 2 to 4 signs and maximum area from 4 sq. ft. to 8 sq. it total and strike the word "each". The motion to amend was seconded by Councilman O'Reilly and adopted by a voice vote of 7-0. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Councilman Padovan made a motion to amend section 28.8 (1) to include a restriction of no more than one (1) model arrow on Crandon per development. The motion to amend was seconded by Councilman O'Reilly. Councilman Han made a motion to amend the Padovan motion to provide that no arrows be placed on Crandon Boulevard. The Padovan motion was adopted by a 5-2 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, Reed and Sime voting Yes, Councilmen O'Reilly and Padovan voting No. The amended Padovan motion was adopted by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The attorney suggested that under Time Limit, for clarity, it should read ... last house "or unit" in the development. Mayor Festa made a motion to amend the section to read as suggested by the attorney. The motion was seconded by Councilman Sime and adopted by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Councilman Sime made a motion to amend section 28.8 (5) for the sign not to exceed 8 ''/ x 11. Motion was seconded by Councilman Padovan and adopted by a 7-0 vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Councilman Sime made a motion to amend section 28.8 (8) limiting Open House signs to one (1) per property. The motion was seconded by Councilman Fried. Councilman Han made a motion to amend the Sime motion to two (2) Open House signs. The motion to amend the amended motion was seconded by Councilman O'Reilly. The motion failed by a 4-3 vote. The vote was as follows: Mayor Festa, Councilmen Han and O'Reilly voting Yes, Councilmen Fried, Padovan, Reed and Sime voting No. A roll call vote was taken on the motion to limit Open House signs to one. The vote was as follows: Councilmen Han, Reed, Sime and Fried voting Yes, Mayor Festa and Councilmen O'Reilly and Padovan voting No. At this point Martha Broucek, 170 Ocean Lane Drive, addressed the council. Mayor Festa made a motion to amend the size of the Open House sign to no larger than PA ft. by 2 ft. The motion was seconded by Councilman Sime and adopted on a 7-0 voice vote. The vote was 5of12 Novemberl4, 1996 as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The attorney suggested to change the language under Supplemental Regulations "No real estate open house signs shall be permitted to be placed on properties on or abutting Crandon Boulevard". Mayor Festa made a motion to adopt this recommendation. The motion was seconded by Councilman Fried and adopted by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sune voting Yes. Councilman Padovan made a motion to allow one (1) Open House sign on Crandon Boulevard. The motion was seconded by Councilman O'Reilly and failed on a 5-2 voice vote: The vote was as follows:touneilmen O'Reilly and Padovan, voting Yes. Mayor Festa, Councilman Fried, Han, Reed and Sime voting No. Councilman O'Reilly made a motion to amend the language under Supplemental Regulations: "No real estate open house signs shall be permitted to be placed on properties facing or abutting Crandon Boulevard". The motion was seconded by Councilman Reed and adopted by a 7-0 vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Mayor Festa made a motion to amend section 28.8 to change the setback for real estate signs, construction signs and political signs to 5 ft. from edge of pavement. Motion was seconded by Councilman Han and adopted by a 7-0 vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Mayor Festa made a motion to amend the amendment to keep construction signs at the 5 ft. from the property line as is in the current code. The motion to amend the amendment was seconded by Councilman Fried and adopted by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. A roll call vote was taken to adopt the sign ordinance as amended. The ordinance was adopted by a 5-2 votet The vote was as follows: Mayor Festa, Councihnen Han, Reed, Sime, Fried voting Yes. Councilmen O'Reilly and Padovan voting No. 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 ME AMOUNT OF $105,000 AS 1 H MAXIMUM ANNUAL SALARY THAT CAN BE PAID BY THE VILLAGE TO ANY EMPLOYEE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 6of12 Q Novemberl4, 1996 Mayor Festa made a motion to defer this item to the next Council meeting. Councilman Padovan seconded the motion and was adopted by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. At this time, at the request of Councilman Padovan, the following zoning hearings were heard at this point. Hearing Number 96 -1022 -VC -01. Christina Agostini, representing Marcello and Qania Agostini, 601 Harbor Drive, requested a non-use variance to permit the 13.36 -foot high wood trellis fence above the crown of road built between the principle built between the principal building and West Enid Drive vs. the maximum allowed 8 -foot high fence above the crown of road permitted by resolution no. Z-02-96; and Permit the encroachment of the existing plant material consisting of five (5) trees planted along the property line within the right of way to remain as installed. Building, Zoning and Planning Director John P. Little stated his recommendations for denial of the roof wood trellis and existing plant material. All witness giving testimony in the following hearings were sworn -in by the clerk. The mayor opened the public hearing. Christina Agostini, 601 Harbor Drive, representing the applicant, addressed the Council. The mayor closed the public hearing. After extensive discussion from council, Councilman Padovan made a motion to approve the trellis. The motion was seconded by Councilman Reed and approved by a 4-3 roll call vote. The vote was as follows: Councilmen Reed, Sime, O'Reilly and Padovan voting Yes. Mayor Festa, Councilmen Fried and Han voting No. Councilman Padovan made a motion to adopt the denial of existing plant. material. The motion was seconded by Councilman Sime and approved by a 6-1. roll call vote. The vote was as follows: Mayor Festa, Councilmen Sime, Fried, Han, Padovan and Reed voting Yes. Councilman O'Reilly voting No. Hearing Number 96 -1022 -VC -02. Andres and Marivi Garcia, 14 Harbor Point, the applicant requested a non-use variance of section 30-61(e) of the Code of Key Biscayne to permit the construction of a 1,429 sq. ft. pool cabana in rear of the property vs. the required: section 30-61(e) "except as otherwise provided, accessory buildings shall be limited to 300 square feet in area...."; and A non-use variance of section 30-61 (f) of the Code of Key Biscayne to permit the construction of 7of12 Novemberl4, 1996 a 23'-0" deep pool cabana in rear of the property vs. the required: section 30-61 (f) "accessory buildings.... shall be limited to a maximum of 20 feet....." and A non-use variance of section 30-61 (e) of the Code of Key Biscayne to permit the construction of a pool cabana in rear of property with an overall height of 23.58' .to top of the parapet above the maximum rear lot elevation @7.5' and an additional height of 5.5` to the top of the roof -top trellis vs. the required: section 30.61(e) "the maximum wall height shall not exceed 14.0 feet above the maximum lot, elevation"; and A non-use variance of Section 30-61(g) of the Code of Key Biscayne to permit the construction of a pool cabana in rear of the property with an access to roof -top terrace vs. the required: section 30- 61(g) "No roof -top access is permitted for any accessory structure located in the rear zone". John Little, Director of Building, Zoning and Planning addressed the Council. Raul Lastra, Village Planner, stated his recommendation to approved the variances except for the wood roof -top trellis which needs to be removed. The mayor opened the public hearing. Deborah de Leon, 100 Buttonwood Drive, representing the applicant, addressed the council. The mayor closed the public hearing. After extensive discussion from council, Councilman Han made a motion to approve the variance as proposed by staff. The motion was seconded by Councilman Sime. Councilman Han withdrew his motion. Mayor Festa made a motion to approve item 1), a construction ofa 1,429 sq. ft. pool cabana. The motion was seconded by Councilman O'Reilly. The motion was approved by a 7-0 roll call vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Mayor Festa: made a motion to approve item 2), allowing a 23'8" wide by 28'0" deep pool cabana. The motion was seconded by Councilman Fried. The motion was approved by a 7-0 roll call vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Mayor Festa made a motion to approve item 3), as is and was seconded by Councilman O'Reilly. Mayor Festa made an amendment to the amended motion, to delete the trellis. The amended motion was seconded by Councilman Sime. Mayor Festa made a motion to withdraw the amended. motion. The motion was seconded by Councilman O'Reilly. The motion to approve item 3) as is, was approved by a roll call vote of 7-0 vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. 8of12 0 0 Novemberl4, 1996 Mayor Festa made a motion to approve item 4), allowing the pool cabana to have access to roof top terrace. The motion was seconded by Councilman O'Reilly and approved by a 7-0 roll call vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Mayor Festa made a motion to count the sq. footage of the structure that was just approved and the home as part of the FAR of the entire lot, subject to the submitted site plans. Councilman Sime seconded the motion and was approved by a 7-0 roll call vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Hearing Number 96 -1022 -VC -03. Sixto Campano, 395 Gulf Road, the applicant, requested a non- use variance of section 30-53.1 of the Code of Key Biscayne to permit a portion of a new construction of 24 feet 4 inches in width and 19 feet in height above BFE extending to 15 feet from the front property line vs. the required: at the 15 foot front setback line: "When that portion of the structure is greater than 20 feet in width, the wall height may not exceed 14 feet as measured from BFE (elevated)". Building, Zoning and Planing Director Little addressed the council. The following residents addressed the council: Deborah de Leon, 100 Buttonwood Drive; Sixto Campano, 760 Allendale Road; Bill Ofgant, 512 Fernwood; Maria Campano, 760 Allendale Road; John Hinson, 755 Crandon Blvd.; Martha Broucek, 170 Ocean Lane Drive. Mayor Festa made a motion to approve the recommendation by staff The motion was seconded by Councilman Sime. Council Sime made a motion to amend the Festa motion subject to the site plans submitted. The amended motion was seconded by Councilman Padovan. The Festa motion was approved by a 7-0 roll call vote. The vote was as follows: The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reedand Sime voting Yes. Mayor Festa made an amendment to the motion, subject to site plans and was seconded by Councilman Sime. The amended motion was approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The motion as amended was approved by a 7-0 roll call vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime 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 THE ATTACHED SECOND AMENDMENT TO LEASE AGREEMENT WITH SUNTRUST BANK, MIAMI, N.A. FOR INCLUSION OF ADDmONAL LEASED PREMISES AT 85 9of12 Novemberl4, 1996 • WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA, FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to approve the resolution. The motion was seconded by Councilman Sime and approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The clerk read the following resolution by title: A RESOLUTION OF 1'Nt 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 PREPARING A LONG- TERM BEACH MANAGEMENT PLAN FOR 1 HE VILLAGE OF KEY BISCAYNE, 'FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. There was some discussion by Council. Councilman Padovan made a motion to approve the resolution. The motion was seconded by Councilman Sime and approved by a 7-0 voice. vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime 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 WITH COASTAL SYSTEMS INTERNATIONAL INC., CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES RELATING TO A BEACH IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to approve the resolution. The resolution was seconded by Councilman Padovan and approved by a 7-0 voice vote. The vote was as follows: The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sinie voting Yes. Mayor Festa made a motion to extend the meeting to 11:15 p.m. The motion was seconded by Councilman Fried and failed on a 5-2 vote: The vote was as follows: Mayor Festa and Councilman Fried voting Yes. Councihnen Han, O'Reilly, Padovan, Reed and Sime voting No. Councilman O'Reilly made a motion to reconsider extending the meeting. The motion was seconded by Mayor Festa and approved by a 4-3 voice vote. The vote was as follows: Mayor Festa, Councilman Fried, O'Reilly and Han voting Yes, Councilmen Sime, Padovan and Reed voting No. 10 of 12 0 0 0 Novemberl4, 1996 10. BUILDING, ZONING AND PLANNING: This item was heard immediately after item 8. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers: At this time the resolution calling for a special election on the proposed amendment to the Village Charter providing for debt and debt service limits was extensively discussed by council and the attorney. Mayor Festa made a motion to reconsider the change of language on resolution 96-35A in reference to the amendment to the Charter providing for debt and debt service limits. The motion was seconded by Councilman O'Reilly and approved by a 7-0 vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Councilman O'Reilly made a motion to strike the word waive and replace it with the word alter. The motion was seconded by Councilman Reed. Mayor Festa made an amendment to substitute the language with the word waive in item 2 in the definition of debt. The amendment was seconded by Councilman Han. Councilman Han made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Mayor Festa and approved by a 5-2 vote. The vote was as follows: Mayor Festa, Councilmen Reed, Fried, Han and O'Reilly voting Yes. Councilmen Padovan and Sime voting No. Mayor Festa made a motion to accept the word alter instead of the word waive. The motion was seconded by Councilman Han and approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. Councilman Han made a motion to extend the meeting to 11:45 p.m. The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes. The following residents addressed the council: Martha Broucek, 170 Ocean Lane Drive; John Hinson, 755 Crandon Boulevard. By Council consensus this meeting will continue on November 19, 1996 at 7:00 p.m. Village Attorney: Revised draft Golf Cart Ordinance. This item was deferred to Tuesday, November 19, 1996. Village Clerk: Election of Vice Mayor deferred to Tuesday, November 19, 1996. 11 of 12 Novemberl4,'1996 Village Manager: The following items were deferred to the Council Meeting of Tuesday, November 19, 1996: 1) Contract amendments for village manager 2) Sanitary Sewer Project a) Village Green b) Fernwood Road Area 3) Community Center proposed workshop dates: a) Saturday, December 7, 1996, 10:00 A.M. K.B. Elementary School b) Thursday, January 9, 1997, 7:00 P.M. Council Chamber 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 adjourned at 11:45 p.m. es etfully submitted: _ dale Conchita H. Alvarez Village Clerk Approved by the Village Council this day of // ,1996: n F. Festa 'ayor IFA PERSONDECIDES 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. 12 of 12 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 19, 1996 (CONTINUATION OF MEETING OF NOVEMBER 14, 1996) 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:00 p.m.. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan, Christina Dearing Reed, Betty Sime, and Mayor John Festa: Also present were Village Manager Samuel Kissinger, Assistant Village Clerk Vivien Mauri and Village Attorney Stephen Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consider- ation 4. SPECIAL PRESENTATIONS: The recipients of the 1996 employee development program grants were called to receive their grants: The following recipient was present to receive his check and addressed the council: Michael Bain. R. Aguiar, C. Greaves and T. Romero were absent and will receive their checks at another time. 5. PUBLIC COMMENTS: There were no public comments. 6. RESOLUTION: The clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REC- OGNIZING NATIONAL EPILEPSY AWARENESS MONTH, NOVEMBER 1996; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to adopt the resolution. The motion was seconded by. Vice Mayor Padovan and was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. 1 of November 19, 1996 Mayor Festa read the item regarding the clerk's certification of the November 5, 1996 regular and recount election results and indicated that it was informational. The Village Attorney added that the Village Clerk's certification makes the County's certification effective. Mayor Festa made a motion to appoint Vivien Mauri as Deputy Clerk. The motion was seconded by Councilman Fried and adopted by a 6-0 voice vote. The vote was as follows: Counciltnembers Fried, Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Village Manager: Mayor Festa opened the discussion for the Manager's contract amendments. Councilman Padovan said she had no objections. Councilman Betty Sime referred to a Dade County Survey indicating that Key Biscayne holds the lowest millage rate and that such record demonstrate our Village Manager's good capacity and knowledge about what is good for the Vil- lage. Councilman Sime made a motion to approve the Manager's contract and it was seconded by Vice -:Mayor Padovan. CounciIrian'Han offered an amendment to section'III-A and the Village Attorney:readthe amendment to read ` _..as willingandable and continuously available to perform his duties— ". coanciTinan Flail made a motion to approve the amended contract, the motion was seconded by CouncilmanSime and approved by a voice vote was 6-0, The vote was as follows: Councilmembers Fried, Han, O`Reilly,. Reed: Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Mayor Festa introduced another amendment in which he wished to strike out the wording "Board of Trustees" and replace with "Village Council". Attorney indicated that such change shall be conformed for all of the contract and that for such an amendment there is no need for a motion. Mayor Festa pointed out as a clarification point that "point a" does not substitute for "point a" and made a motion to replace votes from council, under current contract'is4 to 3, to be amended to "unanimous". Motion failed by a 4-3 vote. The vote was as follows; Councilman Han, O'Reilly, Reed and Sime voted No. Councilmembers Fried, Vice Mayor Padovan and Mayor Festa voting Yes. Councilman Han's motion was adopted by a 5-2 vote. The vote was as follows: Councihnembers Fried, Han, Reed, Sime and Vice Mayor Padovan voting Yes. Councilmember O'Reilly and Mayor Festa voted No. There was extensive discussion by Council on the Manager's contract. Village resident Eduardo Benet, 77 Crandon Boulevard, addressed the Council. Mayor Festa introduced Village Engineer Carlos Penin who addressed the Council regarding agenda item: "Executive Summary" and explained the alternatives and costs to the Village. After extensive discussion it was the consensus of the Council to further consider this matter at a later meeting in which Village Engineer could come back with further analysis of the options. Staff was instructed to provide Council at a future Council meeting with additional information on complete feasibility study from which the Executive Summary is part of. 3 of 4 0 November 19, 1996 7. REPORTS AND RECOMMENDATIONS: The following items were submitted. Mayor and Councilmembers: Mayor Festa introduced item 11-A-3 in which Lipton asks for per- mission to install the Lipton Championship Lightpole Banners for the tournament on March 3, 1997 to be taken down April 1, 1997. Vice Mayor Padovan made a motion to approve the re- quest. Mayor Festa seconded the motion and it was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Councilman Han, with the consensus of Council, set the date for the Goals and Objectives Work- shop for January 11, 1997 at 9:00 a.m. Councilman Han made a motion to discuss Council Procedures and Objectives. Councilman Padovan explained motions cannot be put 011 the floor if they are not an agenda item. Councilman Padovan and Mayor Festa suggested this item be put on the next agenda. Councilman Sime sug- gested to begin this discussion by looking at the procedures on record and any modifications adopted up to -date. Councilman Han withdrew the motion and requested to have this item included inn the next agenda. Councilman Han requested from staff to discuss a draft resolution about Councilman John Waid's absence and to include a proposal for future actions by the Council. Councilman Han requested this item be included in the agenda for the next Council meeting in November 26, 1996. Councilman Sime clarified an aspect of the Charter Revision Committee by stressing the fact that the Council actually makes the appointments for such committee and indicated that the next committee meeting is scheduled for December 10, 1996. The following residents addressed the council: Sam Davitian, 720 Myrtlewood Lane; Heidi Archibald, 881 Ocean Drive. The Village attorney indicated that an Executive. Session had been set for next Tuesday, November 26, 1996 at 6:00 p.m. to update Council on pending Village litigations. Mayor Festa recommended to adopt the revised Draft Golf Cart Ordinance, under the attorney's report, as an agenda item on the next Council meeting of November 26, 1996 for first reading. Village Clerk: Mayor Festa opened the floor for vice -mayor nominations. Councilman Padovan made a motion to nominate Councilman Sime and was seconded by Councilman Reed. Councilman Fried made a motion to nominate Councilman Padovan and was seconded by Mayor Festa. The Mayor requested papers for voting. Subsequently, the votes were read by clerk assis- tant Vivien Mauri and Councilman Michele Padovan won the nomination four votes to two. 2of4 November 19, 1996 Village Residents, Martha Broucek, 170 Ocean Lane Drive, and Guy Smith, 701 Fernwood also addressed the Council. The Community Center Proposed Workshop dates were read by the Mayor and the meeting, January 9, 1997, 7:00 P.M. was changed to Tuesday, January, 7th, 1997. Mayor Festa called for a voice vote. All Councilmembers voted in favor of the change of date. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: a schedule of future meetings was pre- sented to the Council, and public. 14, ADJOURNMENT: The meeting adjourned' at 10:00 p.in. Respectfully submitted: Approved by the. Village Council this 14th Day of January 1997 Jofyh E 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. 4 of 4 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 26, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:05 p.m.. Present were Mayor Festa, Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan, Councilmembers Christina Reed and Betty Sime. Also present were Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: The mayor led the pledge of allegiance. 3. APPROVAL OF MINUTES: No minutes were submitted for approval. 4. AGENDA: Mayor Festa requested that Item 9-D-1 be heard before Item 9-A. There were no objections. 5. SPECIAL PRESENTATIONS: Ms. Edith G. Osman, Esq., 100 Southeast 2nd Street, addressed the Council supporting Miami Dade Water and Sewer Department's proposal for a comprehensive sludge management program and draft resolution. Councilman Fried made a motion to adopt a resolution on this proposal. Councilman Han seconded the motion and was approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed and Sime voting Yes. 6. PUBLIC COMMENTS: There were no public continents. 1 of 5 November 26, 1996 7. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS; PROVIDING FRO DEFINITIONS, HOURS OF OPERATION, EQUIPMENT REQUIREMENTS, PERMIT REQUIREMENTS AND FEES, AND OPERATOR QUALIFICATIONS; PROVIDING PROHIBITIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman O'Reilly made a motion to approve the ordinance on first reading. The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Sime and Mayor Festa voting Yes. 8. BUILDING, ZONING AND PLANNING: The following items were discussed: All witness giving testimony in the following hearings were sworn by the clerk. Hearing Number 96 -1126 -VC -02. Coral Valle Corporation, 635 Sunset Circle, requested non-use variances of twenty -five-foot (25') front and rear setback requirements to permit a twenty-three foot (23') front setback and a twenty -one -foot (21') rear setback as they relate to the columns of the proposed porch for a new residence located at 635 Sunset Circle. John Little, Director of Building, Zoning and Planning stated his recommendation for approvalof the application. The mayor opened the public hearing. The following residents addressed the council: Baudilio Ruiz, 165 Woodcrest Lane; Sennett Duttenhofer, 460 W. Matheson Drive. Director of Building, Zoning and Planning Little read the names and addresses of the following residents who sent letters opposing this project: Peter Homer, 640 Sunset Circle; Shirley Pearson and Henry Keel, 645 Sunset Circle; Mary Jean Egans, 570 Harbor Drive; Sennett and Ann Duttenhofer, 460 West Matheson Drive. The mayor closed the public hearing. Mayor Festa made a motion to approve the variances. Vice Mayor Padovan seconded the motion and adopted by a 6-1 roll call vote. The vote was as follows: Councilman O'Reilly, Vice Mayor Padovan, Councilmembers Sime, Fried, Han and Mayor Festa voting Yes. Councilman Reed voting No. 2of5 November 26, 1996 Hearing Number 96 -1126 -VC -03. The applicants, Robert M. Koffler & Maria Teresa Benavides, 500 West Mashta Drive, requested a non-use variance of fifteen feet (15') interior side setback requirement to permit an interior side setback of seven and a half feet (7.5') from the southwest property line from a proposed residence located at 500 West Mashta Drive. Director of Building, Zoning and Planning Little, stated his recommendation for approval of the application. The mayor opened the public hearing. The following citizens addressed the Council: Timothy Stickney, 104 Crandon Boulevard, Suite 309; Ramon Pacheco, 4990 Southwest 82 Avenue, Miami; Robert Koffler, 310 West McIntyre; Max Puyanic, 480 South Mashta Drive; Jim Brewster, 500 North Mashta Drive; Maite Kof ler, 310 West McIntyre Street. Director of Building, Zoning and Planning Little read the names and addresses of the following residents who sent letters opposing this project: Cesar Caicedo, 520 West Mashta Drive; James and Susan Brewster, 500 North Mashta Drive; David and Sandi Block, 491 North Mashta Drive; Mr. & Mrs. Jesse Quiroga, 501 North Mashta Drive. The mayor closed the public hearing. 0 At this point an amended site plan was submitted to Council by the applicants. Councilman Reed made a motion to approve the amended site plan. Councilman O'Reilly seconded the motion and it was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Reed, Sime, Fried, Han, O'Reilly and Mayor Festa voting Yes. Vice Mayor Padovan voting No. Councilman Han made a motion to defer to allow public comments on the amended site plan. Councilman Sime seconded the motion. Councilman Han withdrew the motion. Councilman Reed made a motion to approve the amended site plan. Mayor Festa seconded the motion and it was approved by a 5-2 roll call vote. The vote was as follows: Mayor Festa, Councilmembers Fried, O'Reilly, Reed and Vice Mayor Padovan voting Yes. Councilmembers Sime and Han voting No. Hearing Number 96 -0723 -VC -04. The applicant, Coldwell Banker 328 Crandon Boulevard, Unit 4126-127, requested extension of amortization period up to May 1, 1998 for a legal nonconforming wall sign named "Coldwell Banker, Real Estate" Director of Building, Planning and Zoning Little addressed the council. The mayor opened the public hearing. The mayor closed the public hearing. Mayor Festa made a motion to approve the request. The motion was seconded by Councilman Sime and approved by a 6-0 roll call vote. The vote was as follows: Mayor Festa, Councilmembers Fried, Han, Vice Mayor Padovan, Councilmembers Reed and Sime voting Yes. Councilman O'Reilly abstained from voting due to conflict of interest. 3 of 1 November 26, 1996 Hearing Number 96 -1126 -VC -04. The applicant, Northern Trust Bank, 328 Crandon Boulevard, UNIT #10I, requested extension of, amortization period up to May 1, 1998 for two legal nonconforming wall signs named "Northern Trust Bank, The Private Bank" facing East & "Northern Trust Bank" facing North. Director of Building, Zoning and Planning Little addressed the council with the recommendation to approve the request. Mayor Festa made a motion to approve the request. Councilman Sime seconded the motion and it was approved by a 7-0 roll call vote: The vote was as follows_ Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Sime and Mayor Festa voting Yes. Hearing Number 96 -1126 -VC -01. The applicant, Sprint Spectrum, L. P., 77 Crandon Boulevard, requested an unusual use to allow the applicants to install telecommunication antennas, cables to connect personal communication service system facility, base station equipment and shelter on the roof and mechanical; equipment penthouses of The Palm of Key Biscayne Condominium located at 77 Crandon Boulevard. Director of Building, Zoning and Planning Little addressed the council with the recommendation to approve the request. The mayor opened the public hearing. The following citizens addressed the council: Ron Mastroiani, 2750 North Federal Highway, Fort Lauderdale; Christian Ionescu, 251 Crandon Boulevard. The mayor closed the public hearing. Councilman Sime made a motion to approve the request. Councilman Fried seconded and it was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Sime, Fried and Mayor Festa voting Yes. At this time the Sanitary Sewer Project was heard. Carlos Penin and Mariano Fernandez, C.A.P. Engineering addressed the council explaining this project. There was extensive discussion from council on this issue. The engineers were directed by council to look into the cost of a Master Plan for the entire village and make a presentation at the next council meeting. Martha Broucek, 170 Ocean Lane Drive addressed the council on this issue. Councilman Sime made a motion to do a master plan for the entire island. The motion was seconded by Councilman Han. Councilman Sime deferred her motion. 4of5 November 26, 1996 Mayor Festa made a motion to extend the meeting to 11:30 p.m. Councilman Han seconded the motion and failed on a 4-3 voice vote. The vote was as follows: Mayor Festa, Councilmembers Fried and Han voting Yes. Vice Mayor Padovan, Councilmembers Reed, Sime and O'Reilly voting No. Mayor Festa made a motion to continue this meeting December 12, 1996 at 7:30 p.m. The motion was seconded by Councilman Han and approved by a 7-0 voice vote. The vote was as follows: Councilman Sime, Mayor Festa, Councilmembers Fried, Han O'Reilly, Reed and Vice Mayor Padovan voting Yes. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager: The Sanitary Sewer Project (feasibility study enclosed separately) was heard after Item 8-D. 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 11:02 p.m. tfully say:lifted:7 z7 Mae Conchita H. Alvarez Village Clerk Approved by the Village Council this day of ,1996: IF APERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT TOANY MATTES CONSIDERED AT MEETING OR HEARING, THAT PERSON WILL NEED ARECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE 111AT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 5 of 5 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ARSI NA MA �ADDRESS` t r z x/ LV _oQ CIl Y ,�;f,7f[tt , COUNTY 12Y 33�(/AS, FL. DATE ON WHICH VOTE OCCURRED Ma V, �6, itt? MIDI) E. NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OE q[ CITY 0 COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Y .0t5cAy 6 MY POSITION IS: S./tLECTIVE 0 APPOINTIVE WHO MUSS FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse' side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited' from knowingly voting on a. measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal' by which he is retained); to the special private gain of a relative., or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357,` F.S., a officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes: of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters: However, you must disclose the nature of the conflict before making any attempt to influence thedecision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT. TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE ,. '""tYou must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes.. •' A copy of the form must be provided immediately to the other members of the agency. he form must T be read publicly at the next meeting after the form is filed. CE FORM 8B -10-91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • Yonmust disclose orally the _ nature of your conflict,iin the measure before participating. • You must complete the form and file it within 15 duystaftler the vote occurs with the person responsible for recording the minutes o the meeting, who ,must incorporate,therforin in the minutes, -A copy, of the form-must.be provided nvmediatelyto the other' members of the agency, and the form must,be read publicly at the next meeting after the form is filed. ^ �' �f �` "n/' DISCLOSURE ( LOCAL OFFICERS INTEREST ;• -LV'1 /T l/.-/T.6/LLL.,.herebydisclose that on. . - �`• 21.. (a) A measure came or will collie befdie: thy agency which (check one) — inured to my special private gain; _ inured to thespecialgain of my business associate, - _ innred.to the special gain of my relative, inured to he special gain of whom I am retained; or inured to the special gain of • is the parent organization or subsidiary of a principal which has retained me. (5) The measure before my agency and the nature of my conflicting interest in the measure isas follows: / (&4a'4� _.. O ao /� a 13isi as.t . / ., .. ease ., C t ^v--- 9 , which NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING, IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTIONr SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 • CE FORM 8B -10-91 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, DECEMBER 2, 1996 (CONTINUATION OF MEETING OF NOVEMBER 26, 1996) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:30 p.m. Present were Mayor Festa, Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan, Councilmembers Christina Reed and Betty Sime (arrived at 7:40 p.m). Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: The mayor led the pledge of allegiance. 3. APPROVAL OF MINUTES: No minutes were submitted for approval. 4. SPECIAL PRESENTATIONS: Firefighter T. Romero, recipient of the 1996 employee development program was called to receive her grant. 6. REPORTS AND RECOMMENDATIONS: Mayor and Councilmembers: Councilman Han presented to council the issue on speakers time limit at council meetings. It was suggested that guidelines be published and given to the public setting a time limit and then make a motion to extend the time. Councilman Fried suggested a 3 minute time limit for the public, subject to the right to extend. Mayor Festa made a motion to bring back proposed changes to resolution 95-10 and then have public input. By council consensus staff was directed to draft amendments to the resolution. There was extensive discussion from council on this issue. Councilman Han presented to council the effects of Councilman Waid's absence and the way it crippled the council. Councilman Han requested a resolution be drafted stating Councilman Waid's actions. Mayor Festa explained how the charter language precluded the council from taking action and suggested this issue should be addressed by the Charter Review Committee. Councilman Han made a motion to draft a resolution regarding Councilman Waid's absence. The motion was seconded by Councilman Fried. Vice Mayor Padovan made a motion to amend the Han motion by deleting Councilman Waid's name and inserting the word "councilmember" instead. The motion was seconded by Councilman Reed and approved by a 4-3 voice vote. The vote was as follows: 1 of 4 December 2, 1996 Councilmembers Han, O'Reilly, Vice Mayor Padovan and Councilman Reed voting Yes. Mayor Festa, Councilmembers Sime and Fried voting No. The amended motion was adopted by a 4-3 voice vote. The vote was as follows: Vice Mayor Padovan, Councilmen Reed, Sine and Han voting Yes. Mayor Festa, Councilmembers O'Reilly and Fried voting No. Haydee Archibald, 881 Ocean Drive; Martha Broucek,170 Ocean Lane Drive addressed the Council on this issue. Councilman Fried presented to the council an Ordinance from the Town of Long Boat Key, Florida. Staff was directed to bring back more information on this Ordinance to council. Councilman Fried made a motion to direct staff to draft a resolution similar to the one from Long Boat ley and the motion was seconded by Councilman O'Reilly. Councilman Fried made a motion to table further discussion on this motion at the next council meeting. The motion was seconded by Mayor Festa and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Mayor Festa presented a resolution to council on the Debt Cap issue. Mayor Festa made a motion to adopt the resolution pending legal sufficiency from staff Councilman Fried seconded the motion. Councilman Reed made a motion to amend the resolution. The motion was seconded by Mayor Festa and approved by a 6-1 voice vote. The vote was as follows: Mayor Festa, Councilmembers Fried, Han, Reed, Sime and Vice Mayor Padovan voting Yes. Councilman O'Reilly voting No. There was extensive discussion of council on this issue. Councilman Reed made a motion to amend the amended motion. Mayor Festa seconded the motion and was approved by a 5-2 voice vote. The vote was as follows: Vice Mayor Padovan, Councihen O'Reilly, Reed, Fried and Han voting Yes. Councilman Sime and Mayor Festa voting No. Councilman Han made a motion to call the question. The motion was seconded by Councilman Sime and failed by a 4-3 roll call vote (2/3 vote needed). The vote was as follows: Councilmembers Han, Sime, Fried, Vice Mayor Padovan voting Yes. Councilmembers O'Reilly, Reed and Mayor Festa. voting No. Councilman Reed made an amendment to read "opposing parties should be given the opportunity to voice their issues in the form of advertising....at village expense". Councilman O'Reilly seconded the motion. Councilmen Reed withdrew the motion. Councilman O'Reilly made a motion to strike section 3 of the resolution. There was no 2 of 4 December 2, 1996 eem second to the motion. Vice Mayor Padovan made a motion to put a period after the word "project" and strike everything after it. The motion was seconded by Councilman Reed and approved by a 6-1 voice vote. The vote was as follows: Councilman Sime, Mayor Festa, Councilman Fried, O'Reilly, Reed and Vice Mayor Padovan voting Yes. Councilman Han voting No. The following residents addressed the council on this issue: Sam Davitian, 720 Myrtlewood Lane; Martha Broucek, 170 Ocean Lane Drive; Haydee Archibald, 881 Ocean Drive; Gerald Broucek,170 Ocean Lane Drive; Ronald Drucker, 251 Crandon Boulevard; Michael Kahn, 881 Ocean Drive. The resolution as amended was adopted by a 6-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Councilman O'Reilly voting No. Councilman Padovan presented to council a request for permission to donate a bench for the Village Green in memory of Betty Carroll, Principal of the Key Biscayne Elementary School. Vice Mayor Padovan made a motion to accept the donation. Councilman gime seconded the motion and it was approved by a 7-0 voice vote. The vote was as follows: Mayor Festa, Councilman Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmen Reed and Sime voting Yes. Village Attorney: The attorney reported to council that he would like to submit an ordinance on quasi-judicial matters since the legislation has changed on this issue. By council consensus the attorney was directed to prepare a report to present to council at the next meeting. Vice Mayor Padovan requested information on the status of the Police Union. The attomey informed the council that the Police Union had been de -certified. The manager requested an executive session on this matter. Councilman Fried requested permission to submit his nominations in writing for the Charter Review Committee, since he was unable to attend the next council meeting. The attorney suggested four nominations from each councdmember. The clerk will prepare a list of the nominees and each councilperson will vote for four. Anyone getting four votes or more will be appointed. Village Clerk: The clerk did not submit a report. Village Manager: The manager did not submit a report. 11. OTHER BUSINESS/GENERAL DISCUSSION: 3 of 4 December 2, 1996 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 11:42 p.m. Respjcfally submitted:: Ase ndef Conchita H. Alvarez Village Clerk Approved by the Village Council this 17th day of January, 1997: Jo '? F. Festa ayor IF A PERSON DECIDES TO APPEAL ANYDECISIONMADEBYTHE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER 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 IS TO BE BASED. 4of4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 10, 1996 COUNCIL CHAMBER 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:05 p.m. Present were Councilmembers Gregory Han, Hugh O'Reilly (arrived at 7:08), Vice Mayor Michele Padovan, Councilmembers Christina Reed, Betty Sime (arrived at 7:10 p.m.) and Mayor John Festa. Councilmember Mortimer Fried was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss. 2. INVOCATION: The village attorney gave an invocation. 3. PLEDGE OF ALLEGIANCE: The mayor led the pledge of allegiance. 4. APPROVAL OF MINUTES: Councilman Han offered technical corrections to the minutes of the meeting of November 14, 1996. The minutes of the special meeting of November 6, 1996, the corrected minutes of the regular meeting of November 14, 1996, and the minutes of the special meeting of November 26, 1996 were adopted by unanimous consent. 5. AGENDA: The clerk requested the following changes to the agenda: deletion of items 9A and 9B, and that Item 10C be heard after Item 6A. Councilman Padovan requested the following changes to the agenda: addition of a report from the Dade League of Cities as Item 10A-11; addition ofarequest from the Rotary Club to install banners for the annual Art Festival as Item 10-A-12; Item 10 -D -8-b be heard as Item 10-A-13. There were no objections to the changes. 6. SPECIAL PRESENTATIONS: Firefighter R Aguiar, recipient of the 1996 employee development program was called to receive his grant. The Mayor, on behalf of the Council made a presentation of a proclamation to Santiago Miranda for his contributions to the Key Biscayne community. 1 of 8 December 10, 1996 Jeffrey R. Bunting, Environmental Planner, Aviation Department, Metropolitan Dade County addressed the council on the issue of routing airplanes away from Key Biscayne. The mayor requested that Mr. Bunting return to Council with a plan on routing airplanes through the ocean, instead of over land, as they do now. Mr. Bunting also offered his phone number, 305-876-0569, for any complaints the residents of Key Biscayne may have in reference to the noise from airplanes. 7. PUBLIC COMMENTS: Patricia Wieneman, 855 Mariner Drive, addressed the Council regarding the Community Center Forum on Saturday, December 10, 1996; Camille Guething, 260 Seaview Drive, addressed the Council regarding alternatives to the City of Miami Fire Department; Eduardo Benet, 77 Crandon Boulevard, addressed the Council regarding the consultant's contract for the Community Center; Haydee Archibald, 881 Ocean. Drive addressed the council; Cecile Sanchez, 216 Cypress Drive, addressed the Council regarding a request to permit the planting of poinsettias on the median of Crandon Boulevard and Ocean Lane Drive; Eddie Alfonso, 711 South Mashta Drive; Joe Curcio, 650 North Mashta Drive; William McCaughan, 511 South Mashta Drive; Jim Brewster, 500 North Mashta Drive, addressed the Council regarding zoning issues on Mashta Island; Martha Broucek, 170 Ocean Lane Drive, addressed the Council. 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER25 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. Mayor Festa made a motion to not have a public hearing on this ordinance on first reading. The motion was seconded by Vice Mayor Padovan and approved by a S-1 voice vote. The vote was as follows: Counciimembers O'Reilly, Vice Mayor Padovan, Counciiniembers Han, Reed, Mayor Festa voting Yes. Councilmember Sime voting No. Mayor Festa made a motion to adopt the ordinance on first reading. The motion was seconded by Councilman O'Reilly and adopted by a 4-2 roll call vote. The vote was as follows: Councilmembers O'Reilly, Vice Mayor Padovan, Councilmember Reed and. Mayor Festa voting Yes. Councihnembers Han and Sime voting No. There was extensive discussion from council on this issue and the attorney was directed to prepare the ordinance with the legal changes and present it to council for second reading at the next council meeting. 2of8 December 10, 1996 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR THE VILLAGE COUNCIL'S REQUEST TO THE LEGISLATIVE DELEGATIONS OF DADE COUNTY TO PROPOSE LEGISLATION TO AMEND CHAPTER 163, FLORIDA STATUTES, THEREBY EXEMPTING COMMUNITIES OF CERTAIN SIZES AND DEGREE OF BUILD - OUT FROM THE COMPREHENSIVE PLAN PROCESS; PROVIDING FOR AN EFFECTIVE DATE. Councilman O'Reilly 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 Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. Councilman Sime made a motion to amend the resolution as suggested by the manager. The motion was seconded by Councilman Reed and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. The resolution was adopted as amended by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan 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 GRANT AGREEMENT ON BEHALF OF THE VILLAGE, WITH KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION, A NON-PROFIT FLORIDA CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. The following residents addressed the council: Sam Davitian, 720 Myrtlewood Drive and Martha Broucek, 170 Ocean Lane Drive. 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 Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan 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 3 of 8 December 10, 1996 AGREEMENT ON BEHALF OF THE VILLAGE, WITH PLANNING AND FINANCING CONSULTING TEAM SERVICE, A FLORIDA CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Padovan 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: Councihnembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes: 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. At this point the council proceeded to the election of the Charter Revision Committee. Mayor Festa read the nominees and the following residents were elected to the Charter Revision Committee: Paul Auchter, Martha Broucek, Ronald Drucker and Michael Kahn. Mayor Festa brought up the Noise Ordinance, specifically the fact that Friday is considered by many as a weekend day, but in reality is a week day and recommended deferring this issue to the next council meeting. Vice Mayor Padovan presented to the council the problem of shopping carts from supermarkets on our streets, Vice Mayor Padovan made a suggestion to have the village manager meet with the managers of the supermarkets to install pilings at the supermarkets to prevent the removal of shopping carts from their premises. Vice Mayor Padovan made a motion to have the manager meet with the managers of the supermarkets and try to solve this problem. The motion was seconded by Councilman Sime and adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. Mayor Festa informed the council that the Rickenbacker ToIl Booth Hearing scheduled for Wednesday, December 11, 1996 was deferred until January 1997. Mayor Festa made a motion to change council meetings from Tuesday to Thursday. The motion was seconded by Vice Mayor Padovan. Mayor Festa made a motion to defer this issue to the next council meeting. The motion was seconded by Councilman Sime and approved by a 6-0 voice vote. The vote was as follows Councilman Sime, Mayor Festa, Vice Mayor Padovan, Councilmembers Han, O'Reilly and Reed voting Yes. Councilman Han presented a concern to council on lobbying contacts on Quasi Judicial matters. The village attorney addressed the council on this matter. Mayor Festa suggested to the attorney to bring this item back to the next council meeting. A public right-of-way request was presented to council. Two letters -from Mr. Iry Zeldman, dated November 5 and 22, 1996, were presented to council with this request. John Little and Raul I antra 4 of 8 0 December 10, 1996 c addressed the council on this issue. The manager suggested to defer this item to the next meeting. Councilman Sime suggested to create a Master Plan dealing with curbing for Crandon Boulevard. Raul Lastra addressed the council on this issue. Staff was directed to present to council, at the Goals and Objectives Session, an overall plan for Crandon Boulevard. The following residents addressed the council: Cecile Sanchez, 260 Cypress Drive; Sam Davitian, 720 Myrtlewood Drive, Vice Mayor Padovan made a motion authorizing the manager to proceed with the study of curbing and cuts for Crandon Boulevard. The motion was seconded by Councilman Sime and adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. Vice Mayor Padovan made a motion to include beautification. The motion was seconded by Councilman Sime, and adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Sime and Mayor Festa voting Yes. Councilman Sime presented a drawing for Ocean Lane Drive improvement. Jim Dowd, 101 Ocean Lane Drive addressed the council. Mayor Festa made a motion to have staff present the cost of this project at 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: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa. and Vice Mayor Padovan voting Yes. Vice Mayor Padovan presented to council the deplorable condition that the L'Esplanade Shopping Center is in. Director of Building, Zoning and Planning Little addressed the council on this issue. Staff was directed to present to council the results of the meeting with the Special Master and then seek legal counsel from the attorney to take whatever action is necessary. Vice Mayor Padovan, at the last Dade League of Cities meeting, presented a resolution urging Dade County to allocate funding for beach renourishment and maintenance for communities that had an established a plan. This resolution was accepted unanimously by the. Dade League of Cities. Vice Mayor Padovan made a motion to make a donation of $1,000 to Crime Stoppers. Mayor Festa made a recommendation to present it to council at the next council meeting. Vice Mayor Padovan presented to council a request from the Rotary Club for permission to install banners for their annual art festival. Mayor Festa made a motion to approve the request. Councilman Sime seconded the motion and was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. 5 of8 December 10, 1996 Vice Mayor Padovan requested that the manager meet with the Police and Fire Chiefs and present to council some recommendations and evaluations on the employee's benefit plan. Village Attorney. The attorney submitted a report on a question that had been raised with the Department of Labor and the fact that he had received a deteitiunation from the Department that we are paying our people appropriately. Village Clerk. The clerk reported that the mayor had issued a proclamation recognizing Nickas Constant for portraying Santa Claus on Key Biscayne for many years. - The clerk also informed the council that she had successfully completed the first year of the three year Certified Municipal Clerk Program. At this point Councilman Sime made a request to council to approve a request from Susan L. Fehrer- Sawyer for additional park lighting around the playground. The staff was instructed to come back with recommendations and costs on this issue. Village Manager. Carlos Penin, village engineer, addressed the council on the proposed Sanitary Sewer Project. The engineer presented three options to council to determine the possibility and practicality of providing sewer service to the Village Green and to the surrounding Femwood Road Area. Option one, using a "grinder" pump and including the design will be approximately $35,000. Option two, using a Lift (Pump) Station and including the design will be approximately $360,000. Option three assumes that Femwood will be served from portions of two basins bisected by Enid Drive. Mayor Festa made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Vice Mayor Padovan and failed on a 3-3 voice vote. The vote was as follows: Vice Mayor Padovan, Councilman Reed and Mayor Festa voting Yes.: Councilmembers Han, O'Reilly and Sime voting No. Council'rian O'Reilly made a motion to extend the meeting 15 minutes. Councilman Sime seconded the motion and was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. Councilman Han made a motion to accept. Option One presented by the engineer which would use a "grinder" pump to connect the bathroom facilities on the Village Green. Councilman O'Reilly seconded the motion and was approved by a 4-2 voice vote: The vote as follows: Councilmembers Han, O'Reilly, Reed and Sime voting Yes. Mayor Festa and Vice Mayor Padovan voting No. Councilman Han made a motion to direct the manager, with the assistance of the engineer, to provide 0 6of8 December 10, 1996 tram a master plan and to provide enough information to proceed with funding options to present to the public. Councilman Sime seconded the motion and was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Reed, Sime and Vice Mayor Padovan voting Yes. Mayor Festa voting No. Councilman O'Reilly made a motion to amend the Han motion to direct the manager, with the assistance of the engineer, to develop a sewer master plan that would optimize sewer service and minimize costs. Councilman Sime seconded the motion and was approved by a 5-1 vote. The vote was as follows: Councilmembers Han, O'Reilly, Reed, Sime and Vice Mayor Padovan voting Yes. Mayor Festa voting No. The manager presented a contract to be awarded to Keylite Electric in the amount of $12,760 for the hook up of the emergency generator. Mayor Festa made a motion to award the contract. The motion was seconded by Councilman Han and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. Mayor Festa made a motion to extend the meeting 10 more minutes. The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes. Item 10D3, setting date for the Dedication of the Ocean Club Lake Park to Village was deferred to the next council meeting. Item 10D4, Integrated Emergency Management Course, March 24 - March 28, 1997, was deferred to the next council meeting. The date for the workshop on Zoning Variances was set for January 21, 1997. The clerk advised the council that this was the day of the Special Election on the Debt Cap issue. Mayor Festa made a motion to direct staff to prepare and send a newsletter out to the register voters of the Village of Key Bisciayne for Debt Cap Public Information Program not to exceed $3,000. Councilman Sime seconded the motion and was approved by a 4-2 voice vote. The vote was as follows: Councilmembers Han, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Councilmembers O'Reilly voting and Reed voting No. The manager_ submitted the following information items: the monthly departmental reports; a copy of the Key Biscayne Chamber of Commerce November 1966 monthly report; a copy of Pesky Critters November 1966 trapping monthly report. II. OTHER BUSINESS/GENERAL DISCUSSION 7 of 8 December 10, 1996 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. Oily subm. ed: anchita H. Alvarez Village Clerk Approved by the Village Council this 17th day of January, 1997: `Jg1in F. Festa ayor IFA PERSON DECIDES TO APPEAL ANYDECISIONMADEBYTHE VILLAGE COUNCIL WITHRESPECT 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 8 of 8 0