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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