HomeMy Public PortalAbout04-09-96 Regular Council Meeting.tifMINUTES
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 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 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 amval 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 Rachlm, 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 11-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 a presentation to the Council regarding
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 Holtzman, 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, Sime, Vice
Mayor Waid, 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 Bnstols, 610 Ridgewood Road, representing the
applicant, addressed the Council Glen Abramson, 795 Harbor Dnve, 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 Wald, 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 Festa voting 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 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 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
April 9 1996
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
Each additional 100 s f thereafter
18 25
2-5-00
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
18 25.
2-5-90
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 5 of 11
April 9 1996
Each additional 100 s f thereafter
18 00
18 25
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 00
1825
The motion was seconded by Vice Mayor Waid and adopted by a 5 - 1 voice vote The vote was as
follows Councilmembers 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 Flonda
provide adequate annual funding to carry out a state-wide comprehensive beach management
program to protect Florida's 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
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 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 THE 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 7 of 11
April 9 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 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
The O'Reilly amendment, staking "remauung pnstile" from Section 1 of the resolution, 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
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
Stickney, 104 Crandon Boulevard, representing the Key Executive Building, James Pilafian,
180 Crandon Boulevard, and Jeff Krell, 632 Crandon Boulevard
Page 8 of 11
Aprzl 9 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 Canllo, Sam Davitian, Ron Drucker, Bill Hodgeson, Robert Maggs, Joe
Rasco, John Thomson, and Onofre Tones
Martha Broucek, 170 Ocean Lane Drive, addressed the Council regarding the membership
of the committee
Village Attorney The attorney did not submit a report
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 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
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 9 of 11
Aprr19 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 flag poles 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 Councilmembers
O'Reilly, Padovan, Sime, Vice Mayor Wald, 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 Lane Drive and Fernwood 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 Cnzana 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
Respe tfullya'ub`' tiled
Guido H guanzo, Jr , CMC
Village ' k
Approved by the Village Council
this 14th day of May, 1996
, 1 '7k
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 TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED
Page 11 of 11