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HomeMy Public PortalAbout1995 Minutes All.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 10, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, 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. 4. APPROVAL OF MINUTES: Councilman Llorente made a motion approving the minutes of the workshop of November 29, 1994, the minutes of the regular meeting of December 13, 1994, the minutes of the continuation meeting of December 22, 1994, and the minutes of the special meeting of December 22, 1994. The motion was seconded by Councihnan Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 5. AGENDA: Councilman Llorente requested discussion of Item 11-A-8 during discussion of Item 9-B. Councilman O'Reilly requested the deletion of discussion regarding Jackson Memorial Hospital as part of Item 11-A-9. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Jeffrey Bunting, of the Metro -Dade Aviation Department, addressed the Council regarding aircraft noise abatement procedures recently adopted at the airport. John Rosser, 300 Redwood Lane, addressed the matter. There was extensive Council discussion. By consent, the Council appointed Councilman O'Reilly to serve as the Council's liaison on this matter. 7. PUBLIC COMMENTS: John Rosser, 300 Redwood Lane, addressed the Council regarding the Council's adoption of Ordinance 94-10, concerning lot fill and elevation. 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: Page 1 of 7 January 10, 1995 AN ORDINANCE OF 1'HN. VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 2-1(a) OF THE VILLAGE CODE BY ABOLISHING THE ECONOMIC DEVELOPMENT DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa opened the public hearing. Cris Sager, 335 Harbor Drive, addressed the Council. After extensive discussion, Councilman Llorente made a motion adopting the ordinance on first reading. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 roll call vote. The vote was as follows:-Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waidvoted No The clerk announced the second reading of the ordinance for February 14, 1995, at 7:00 p.m. The clerk read the following ordinance, on second reading, by title:, AN ORDINANCE OF HIlL VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 30-23 AND ADDING SECTION 30-24. TO i'HN, CODE OF KEY BISCAYNE; ESTABLISHING AN ADMINISTRATIVE REVIEW AND APPROVAL PROCESS. FOR CERTAIN NON-USE VARIANCES; PROVIDING FOR LIMITATIONS; PROVIDING FOR FINDINGS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa opened the public hearing. The following residents addressed the Council: John Rosser, 300 Redwood Lane Joe Rasco, 310 West Heather Drive; Jorge Morales, 770 Allendale .Road; and Linda Manlin, 121 Island Drive. Councilman O'Reilly made a motion adopting the ordinance on second reading The motion was seconded by Councilman Waid. Mayor Festa made a motion amending the ordinance by adding the following text to paragraph two of Section 30-24(a): "relating to improvements existing at time of application as opposed to planned construction." The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 rollcall vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid voted No. Mayor Festa made a motion. deleting Section 30-24(a)(2). The motion was seconded by Vice Mayor Sime and adopted by a 6 - 1 roll rail vote. The vote was as follows: Councilmembers Page 2 of 7 January 10, 1995 Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid voted No. Mayor Festa made a motion. amending Section 30-24(b)(3)by striking "proposed development is" and inserting "improvements are". The motion was seconded by Councilman O'Reilly and adopted by a 6 - Iroll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid voted No. Councilman Waid made a motion deleting Section 30-24(a)(4). The motion was seconded by Councilman Padovan and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly made a motion authorizing the attorney to make additional technical corrections. 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, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The amended ordinance was adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime and Mayor Festa voting Yes. Councilman Waid voted No. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT, ON BEHALF OF THE VILLAGE, WITH 1'HE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. Bonnie Cooper, 77 Crandon Boulevard, representing the Key Biscayne Athletic Club, addressed the Council. Councilman O'Reilly called for a point of order regarding the issue of whether the agreement was in fact a contract or a charitable contribution. The attorney advised the Council that, in his opinion, the agreement was a contract in exchange for services to be provided by the organization. Councilman O'Reilly called for a point of order regarding whether there was competitive bidding on this matter. The attorney advised the Council that agreements for professional services are exempt from the Village's purchasing ordinance. Page 3 of 7 January 10, 1995 Councilman O'Reilly made a motion amending Section 1 of the resolution by striking "38,500.00" and inserting "25,000.00". The motion was seconded by Councilman Waid and failed on a 2 - 5 voice vote. The vote was as follows: Councilmembers O'Reilly and Waid voting Yes. Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voted No. Mayor Festa made a motion adopting the resolution and an agreement in the amount of $35,000.00. The motion was seconded by Vice Mayor Sime. Resolution 95-1 was adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly voted No:: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO THE EDNA WARDLAW CHARITABLE TRUST FOR 1'HE DONATION OF $8,000.00 TO BE USED FOR THE BUILDING OF A PLAYGROUND ON THE VILLAGE GREEN; EXPRESSING APPRECIATION TO TRUDIE O. COKER AND SANDERS OLAVARRIETA; PROVIDING FOR AN El'FECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Councilman Llorente discussed the matter of establishing criteria for accepting donations. Resolution 95-2 was adopted by a unanimous- voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. At this time, the Council recognized Sandra Goldstein, the. Village's beach renourishment liaison, who addressed the Council regarding a proposed Dade County beach renourishment project. By consensus, Councilman Padovan was appointed to work with Ms. Goldstein on the matter. 10. BUILDING, ZONING AND PLANNING: A. public hearing, regarding an application for waiver from the building moratorium for the project entitled "Village Centre" at the property located between Femwood Road and Crandon Boulevard and South of West McIntyre Street, was held by the Council. Building, Zoning and Planning Director John Little addressed the Council. John Weller, 5200 North Kendall Drive, representing the project, also addressed the Council. Page 4 of 7 January 10, 1995 After extensive discussion, Councilman Waid made a motion waiving the building moratorium in accordance with the plans, dated January 10, 1995, and submitted to the building, zoning and planning director. Mayor Festa opened the public hearing. There were no speakers present. The motion was seconded by Councilman O'Reilly and adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Waid, and Mayor Festa voting Yes. Councilmembers Padovan, Sullivan and Vice Mayor Sime voted No. 11. REPORTS AND RECOMMENDATIONS: Mayor and Councilmembers. The Council discussed the placement of additional stop signs on Fernwood Road. The manager was directed to contact the county manager regarding the matter. The mayor deferred discussion of the county's art in public places ordinance. The mayor deferred discussion of a community information board. Councilman Padovan briefly discussed the prioritization of proposed capital improvement projects. Councilman Llorente deferred discussion regarding regulations of the Dade County Board of Rules and Appeals. The mayor advised the Council that he is coordinating the scheduling of a town meeting with State Representative Bruno Barreiro and State Senator Ronald Silver regarding state issues. Councilman O'Reilly discussed the Village's outstanding FEMA loan. Councilman Llorente made a motion to reconsider the item as taken up at the meeting of December 22, 1994. The motion was seconded by Councilman O'Reilly and failed on a 2 5 voice vote. The vote was as follows: Councilmembers Llorente and O'Reilly voting Yes. Councilmembers Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voted No. Mayor Festa made a motion to extend the meeting until 11:30 p.m. The motion was seconded by Councilman Llorente 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, Waid and Vice Mayor Sime voted No. Vice Mayor Sime gave an update regarding the possible development Page 5 of 7 January 10, 1995 of playing fields on Virginia Key. The mayor deferred discussion regarding personnel benefits. Village Attorney. The attorney reported on the issue of noise problems at the post office facility. The attorney updated theCouncilregarding the progress of the Village's comprehensive plan. The attorney discussed the litigation pertaining to the Seaquarium master plan amendment matter. The Council requested an executive session to further discuss, the matter. The attorney advised the Council that the Police Benevolent Association has filed a petition to represent the Village's police department. Village Clerk. The clerk submitted a copy of his office's annual report to the Council. Village Manager. The manager and Village Engineer Carlos Penin discussed the replacement of the Mashta Drive Causeway. The following residents addressed the Council: Jose Ortega, 621 South Mashta Drive; Jim Brewster, 500 North Mashta Drive; and Eddie Alfonso, 711 Mashta Drive. Councilman Sullivan made a motion accepting the engineer's proposal, option number three, as outlined in his memorandum of January 5, 1995. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Counciitnembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The manager submitted the following informational items: monthly departmental reports; a letter from Stephen Gauthier, Government Finance Officers Association, regarding Certificate of Achievement for Excellence for Comprehensive Annual Financial Report, dated December 5,1994; a memorandum from Barbara Jarriel, State Board of Administration, regarding local government surplus funds trust pool dated December 7, 1994; a memorandum from Russell Brenner, PNM Corporation, regarding Village Green progress report, dated December 8, 1994; a letter from Bob Graham, United States Senate, regarding beach erosion resulting from Tropical Storm Gordon, dated December 21, 1994; a letter from Mr. and Mrs. Herbert Weingast, Village residents, regarding bus shelters, dated December 22, 1994; a letter from Raymond Bancroft, City Hall Digest, regarding public periodical winners; and a, memorandum from Armando Vidal, Dade County manager, to county commission, regarding agreement between county and Village for rentalof recycling bins and operation of trash center, dated January 4, 1995. The Council workshop regarding East Enid Drive was rescheduled for Tuesday, January 24, 1995, at 7:00 p.m. Page 6 of 7 0 January 10, 1995 The meeting was continued to Tuesday, January 17, 1995, at 7:00 p.m. 12. OTHER BUSINESS GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. 14. ADJOURNMENT: The meeting was adjourned at 11:55 p.m. Approved this _ _ day of Fe br Village Cler ,1995. IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEEDARECORD 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 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 17, 1995 (CONTINUATION OF MEETING OF JANUARY 10, 1995) 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, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. The clerk announced that the meeting was a continuation of the meeting of January 10, 1995. The Council discussed the stormwater utility project. Tony Nolan, of Williams, Hatfield and Stoner, the engineering consultant on the project, addressed the Council. Bob Cuevas, of the Miarni-Dade Water and Sewer Authority, discussed the proposed replacement of water lines in conjunction with the stormwater project. Mr. Cuevas advised the Council that the low bidder on the project, Demoya Group, had not met county requirements regarding minority participation. Councilman O'Reilly made a motion authorizing the attorney to enter into negotiations with the county regarding the waiving of requirements for minority participation. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Counciimembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sinie, and Mayor Festa voting Yes. Percy Aguila, the Village's financial advisor, addressed the Council regarding the financing of the project. The Council requested that the manager prepare additional financing options. The attorney discussed the collection of the stormwater utility fees from condominiums. The Council discussed the location of a trash dumpster for the disposal of bulky waste. r Page 1 of 2 January 17, 1995 The manager and Raul Lastra, the Village planner, made a presentation regarding the Village Green development plan. Henny Becker, 290 West Mashta Drive, addressed the Council. The manager briefly discussed the Crandon Boulevard median flower planting. Councilman Waid expressed concerns regarding the Council's recent decision concerning the reconstruction of the Mashta Drive Causeway. Councilman Sullivan discussed the proposed development of the property located between Crandon Boulevard and Fernwood Road and south of McIntyre Street. By consent, the Council authorized the manager to enter into preliminary discussions with the property owner for the possible joint development of the property for use by the Village for community services. Councilman. Llorente discussed various concerns regarding Calusa Park. There was extensive Council discussion of the matter. The meeting was adjourned at. 10:20 p.m. Approved thisk3 day of feiocu-•-a v\ ,1995 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 11M PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THATA 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 0 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 24, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET,. SECOND FLOOR The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly (arrived at 7:10 p.m.), Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Attorney Steve Helfman and Finance Director Jack Neustadt (serving as acting village clerk). Mayor Festa led the Pledge of Allegiance. The mayor opened discussion regarding East Enid Drive. Village Planner Raul Lastra made a presentation to the Council regarding studies of the East Enid Drive area conducted by the Building, Zoning and Planning Department. The following residents participated in discussions with the Council: Alma Trapollini, 650 Ocean Drive; Renata Sonavich, East Enid Drive; Melvin Fletcher, 215 East Enid Drive; Bill Sullivan, East Enid Drive; Eduardo Landrum, East Enid Drive; Marie Gutierrez, East Enid Drive; Michael Kahn, 881 Ocean Drive; Louis Thomas, 159 East Enid Drive; After extensive Council discussion, Councilman Padovan made a motion rejecting the - proposals of the Building, Zoning and Planning Department and p p g, p requiring -the department to enforce all safety related matters on East Enid Drive. The motion was seconded by Councilman O'Reilly. Mayor Festa offered an amendment limiting the Padovan motion to rejecting the proposals of the Building, Zoning and Planning Department. The motion was seconded by Councilman Llorente and adopted by a 6 - 1 voice vote. The vote was as follows: Cotmcilmembers Llorente, OReilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid voted No. The amended Padovan motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Page 1 of 3 January 24, 1995 Councilman Padovan made a motion directing the Building, Zoning and Planning Department to enforce all code violations on East Enid Drive and require the property owners to remedy the matter at their cost. The motion was seconded by Councilman Waid. After brief discussion, the motion was withdrawn. It was the consensus of the Council for staff to prepare a cost estimate for correcting all safety related code violations on the swale area. Councilman Waid made a motion restriLing parking on East Enid Drive (permitted between 6:00 p.m. to 9:00 a.m.). The motion was seconded by Councilman Llorente. The motion was adopted bya 6 -1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes. Mayor Festa voted No. The Council discussed the following matters relating to the Village Green: The planner made a brief presentation regarding the proposed sidewalk/curb/drainage /landscaping/parking project along the Fernwood Road side of the park at an estimated cost of $58,500.00. Vice Mayor Sime made a motion adopting staffs proposal. 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The planner also addressed concerns regarding fencing around the park. There was extensive Council discussion regarding the matter. The following residents addressed the Council: Jacqueline Sanchez, 385 Ridgewood Road; Henny Becker,290 West Mashta Drive; Ray Herrera, 310 Fernwood Road; Renata Sonavich, East Enid Drive; Martha Herrera, 310 Femwood Road,' Jim Haney, 472 Glenridge Road; and Bill Ofgant, 512 Fernwood Road. The Council concurred to schedule a workshop at a. future date to further discuss the Village Green. The Council rescheduled its regular meeting of Tuesday, February 14,1995 to Monday, February 13, 1995. The Council discussed the following matters relating to the Stormwater Utility project: Page 2 of 3 January 24, 1995 There was brief discussion concerning negotiations with the county regarding the installation of water lines. Tony Nolan, of Williams, Hatfield and Stoner, Inc., the consultant on the project, addressed Council concerns regarding the bidders on the project. Village Engineer Carlos Penin also participated in discussions with the Council. The Council scheduled a special meeting for Thursday, February 9, 1995, at 6:00 p.m. to further discuss the issue. Percy Aguila, the Village's financial advisor, discussed financing for the project. After extensive discussion, Councilman Waid made a motion changing the rate structure of the utility to a dedicated use basis fee. The motion was seconded by Councilman O'ReilIy. Irving Adler, 201 Crandon Boulevard, addressed the Council. The motion was withdrawn. At the request of the manager, Vice Mayor Sime made a motion authorizing the expenditure of approximately $9,000.00 for the replacement of flowers on the Crandon Boulevard median. The motion was seconded by Mayor Festa and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid voted No. There being no further business, the meeting was adjourned at 10:30 p.m. Approved this ZEIC day of Fe6' ."-r., ,1995. Village Clerk IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MAPIER 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 TESTIIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, FEBRUARY 9, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 6:55 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John FestaAlso present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. Mayor Festa led the Pledge of Allegiance. The Council discussed the stormwater utility project. Tony Nolan, of Williams, Hatfield and Stoner, the consultant on the project, addressed the Council regarding his discussions with the bidders on the project. Bob Cuevas, from the Miami -Dade Water and Sewer Authority, addressed the Council concerning the replacement of water lines during the construction of the stormwater project. The Council discussed the awarding of bids and financing of the project. Percy Aguila, the Village's financial consultant, addressed the Council. The following residents addressed the Council: John Rosser, 300 Redwood Lane; Sam Davidian, 720 Myrtlewood Lane; Cliff Brody, 180 Harbor Drive; and Michael Kahn, 881 Ocean Drive. The manager recommended funding the Holiday Colony/Sunrise Drive/Ocean Lane Drive project with monies from the Department of Commerce's Economic Development Administration grant and funds from Village reserves. Mayor Festa made a motion authorizing construction of the project on the east side of the Village (Holiday Colony/Sunrise Drive/Ocean Lane Drive) by awarding a contract to Lan7o Construction, Miami, Florida (subject to approval of the United States Department of Commerce's Economic Development Administration), based on cash financing from existing funds as presented by the manager. The motion was seconded by Vice Mayor Sime and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente voted No. Page 1 of 2 February 9, 1995 The manager recommended short term financing for the Basins 1 - 8 project with a two year (approximate) bank loan. Councilman O'Reilly made a motion awarding a contract to deMoya Group, Inc., Miami, Florida, for the construction of the project on the west side of the Village (Basins 1 - 8). The motion was seconded by Vice Mayor Sime. Mayor Festa offered an amendment that the awarding of the contract be subject to Dade County's approval of the contractor for work on the water lines: The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The O'Reilly motion, as amended, was adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente voted No. Councilman Waid made a motion adopting the manager's recommendation regarding the financing of the Basins 1 - 8 project and authorizing the manager to solicit proposals. The motion was seconded by Vice Mayor Sime and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente voted No. Mayor Festa briefly discussed procedural matters regarding memoranda and use of consultants by councilmembers. Cris Sager, 335 Harbor Drive, addressed the Council. There being no further business, the meeting was adjourned at 8:50 p.m. Approved this 2 K day of 1.br.,..-t j ,1995.. Village Cler IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, FEBRUARY 13, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, and Mayor John Festa. Vice Mayor Betty Sime was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attomey 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. 4. MINUTES: Councilman Waid made a motion approving the minutes of the regular meeting of January 10, 1995 and the minutes of the continuation meeting of January 17, 1995. 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, Waid, and Mayor Festa voting Yes. 5. AGENDA: Councilman Padovan requested the aMition of discussion regarding commercial fencing regulations as Item 10-A-11. The attorney requested deferral of discussion regarding the refuse collection ordinance (Item 8-A-1). Mayor Festa made a motion approving the agenda changes. The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote. The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Sullivan, and Mayor Festa voting Yes. 6. SPECIAL PRESENTATIONS: Brian Flynn of the Dade County's Department of Environmental Resources Mans «ement, made a presentation regarding the Dade County beach renourishment and dune restoration project. 7. PUBLIC COMMENTS: The following residents addressed the Council regarding concerns with the L'Esplanade Condominium building: Mary Wills, 210 Seaview Drive; Mabel Miller, 210 Seaview Drive; Camille Guething, 260 Seaview Drive; Pete O'Hara, 282 Seaview Drive; and Michael Kahn, 881 Ocean Drive. 8. ORDINANCES: The clerk read the following ordinance, on second reading, by title: Page l of 5 February 13, 1995 AN ORDINANCE OF ME VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 2-1 OF THE VILLAGE CODE BY ABOLISHING THE ECONOMIC DEVELOPMENT DEPARTMENT; PROVIDING FOR SEVERABILTTY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa opened a public hearing. There were no speakers present. Councilman Llorente made a motion adopting the ordinance on second reading. The 'motion was seconded by Councilman Padovan 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. Councilman Waid voted No. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF I'HE VILLAGE OF KEY BISCAYNE, FLORIDA;. DISSOLVING THE VILLAGE'S SCHOOL ADVISORY COMMI'T'TEE; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF MEMBERS OF THE COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. Mayo Festa made a motion adopting the resolution. The motion was seconded by Councilman Wald. Resolution 95-3 was adopted by a 6- 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS. The following items were discussed: Mayor and Councilmembers. The Council discussed a petition from Femwood Road residents requesting the change of the street name to Park Avenue. Chiqui Labere, 414 Fernwood Road, and, Ray Herrera, 310 Fernwood Road, addressed the Council. The manager was directed to prepare a study on the matter. The Council also discussed the recent installation of a three-way stop sign at the intersection of Femwood Road and West Heather Drive. Mayor Festa briefly discussed Dade County's Art in Public Places ordinance. The mayor discussed a community information board and entrance welcome sign. Jim Dowd, 101 Ocean Lane Drive, made a presentation on the matter. Mayor Festa made a motion authorizing expenditures, not to exceed $2,500.00, for the installation of a community information board and Page 2 of5 0 February 13, 1995 new lettering on the welcome sign. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote. The vote was as follows: Councilman Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. The mayor addressed the issue of employee personnel benefits. The manager proposed a series of additional benefits to the employee package. There was extensive Council discussion. Councilman Sullivan discussed the scheduling of the sidewalk capital improvement project. Councilman Padovan addressed the Council, regarding Resolution 92-27, concerning rules of order for Council meetings. The mayor requested a status report concerning the Kennedy/Nixon Villa located on the VMS property. The manager addressed the matter. Councilman Padovan discussed a petition she received from Village residents concerning the noise ordinance. There was extensive Council discussion regarding the matter. The following residents addressed the Council: Shirley Brill, 550 Ocean Drive; Mary Wills, 210 Seaview Drive; Paul Froehler, 305 Galen Drive; and Bob Oldakowski, 550 Ocean Drive. Councilman Llorente presented a petition from the Calusa Park Tennis Association for the installation of lights at Calusa Park. Julio Abeyo, 421 South Mashta Drive, and Dan Depaul, 177 Ocean Lane Drive,addressed the Council in support of the petition. Mabel Miller, 210 Seaview Drive, spoke in opposition to the petition. By consent, Councilman Llorente was appointed as the Council's liaison on this matter and was authorized to discuss the issue with the Matheson family. The mayor discussed the L'Esplanade and Femwood/Mclntyre properties and the feasibility of establishing municipal facilities at those locations. Francisco Martinez, 904 Crandon Boulevard, and Mary Wills, 210 Seaview Drive, addressed the Council. The Council readdressed the issue of code violations at the L'Esplanade property. Mayor Festa briefly discussed the creation of a committee to study the public works issue. Councilman Padovan addressed the issue of regulating commercial fences and walls. The councilman also discussed her concerns regarding the construction of certain buildings at the Grand Bay site. Page 3 of 5 February 13, 1995 Village Attorney. The attorney updated the Council regarding the work of the Occupational License Equity Study Commission. The attorney presented a draft copy of a proposed ordinance amending the zoning hearing procedures for the Village. Village Clerk. The clerk presented copies of the following Council correspondence: Councilman Llorente's memorandum, regarding comprehensive plan survey, dated January 19, 1995, and Councilman Padovan'smemorandum, regarding comprehensive plan survey, dated February 3, 1995. Village Manager. The manager briefly discussed the new parking regulations for East Enid Drive (no parking 9:00 a.m. to 6:00 p.m.). The manager discussed the request of the Key Biscayne Music and Drama Club to use grant monies awarded to the organisation by. the Village to renovate the Calusa Playhouse. Paul Froehler, 305 Galen Drive, representing the organization, addressed the Council. Councilman Sullivan made a motion approving the request. The motion was seconded by Councilman Padovan. After brief discussion, Councilman O'Reilly made a motion to table the matter. The motion was seconded by Councilman Waid and adopted by a 4 2 voice vote. The vote was as follows: Counciimembers O'Reilly, Padovan, Waid, and Mayor Festa voting Yes. Councilmembers Llorente and Sullivan voted No. The manager gave an update regarding the refuse collection contract and the stormwater utility. Councilman O'Reilly made a motion extending the meeting until 11:20 p.m. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmenibers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes: The manager presented a proposal for the construction of an in -line skating miler hockey rink at Calusa Park. The Council scheduled a workshop to discuss the Village Gieen at 9:00 a.m. on Saturday, March 4, 1995_, The manager presented the following informational items: monthly department reports; a letter from John Casagrande, Industrial Waste Service, regarding Browning -Ferris Industries, dated January 6, 1995; a letter from Sharon Fallick, Jackson Memorial Foundation, regarding Village's pledge, dated January 9, 1995; a letter from the Village Manager, to Richard Bonner, Army Corps Page 4 of 5 0 0 February 13, 1995 of Engineers, regarding beach renourishment, dated January 11, 1995; a letter from Helene Dudley, Metro -Dade Solid Waste Management, regarding L'Esplanade condominium, dated January 19, 1995; a copy of warning of violation, for L'Esplanade Condominium Association, dated January 19, 1995; a copy of public notice, regarding Sunny Isles and Miami Beach beach renourishment, dated January 20, 1995; a letter from Mary Schulman, Village resident, regarding Catusa Playhouse, dated January 23, 1995; a letter from Jay Fuchs, Village resident, regarding dogs, dated January 26, 1995; a letter from Lori Boldt-Grau, Wien Center for Alzheimer's Disease and Memory Disorders, regarding Recreation Department programs, dated January 31, 1995; a letter from Bertram Warshaw, Pistorino and Alam Consulting Engineers, regarding Commodore Club Fast, dated February 3, 1995; a memorandum from the Village Manager, to Village Council, regarding responses to letter concerning Tropical Storm Gordon, dated February 6, 1995; a memorandum from Recreation Department's Sports Coordinator, regarding use of Village Green, dated February 8, 1995; a memorandum from Village Manager, to Village Council, regarding catch basin cleaning and street repairs, dated February 9, 1995; a memorandum from Finance Director, regarding investments, dated February 9, 1995; and a copy of the Community Assistance Grant Program application form. 11. 0 i'HER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 11:25 p.m. Approved this, day of cciorro. y ,1995. Village Clerk IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT TOANYMAI I'LR CONSIDERED ATA 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 TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL IS TO BE BASED. Page 5 of 5 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 28, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (arrived at 7:05 p.m.), John Waid (arrived at 7:05 p.m.), Vice Mayor Betty Sime (arrived at 7:10 p.m.), and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Hellman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. APPROVAL OF MINUTES: Councilman O'Reilly requested that the minutes of the special meeting of February 9, 1995, be reviewed for accuracy. Mayor Festa made a motion approving the minutes of the workshop meeting of January 24, 1995, the minutes of the special meeting of February 9, 1995, and the minutes of the regular meeting of February 13, 1995. The motion was seconded by Councilman O'Reilly and adopted by a 4 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, and Mayor Festa voting Yes: 4. AGENDA: The manager requested that Item 9-D-2, an item relating to the elimination of Federal financial participation for beach renourishment, be withdrawn The attorney requested deferral of Zoning Hearing Number 94 -0927 -VC -01 (Item 8-A-3). Mayor Festa made a motion deferring the hearing to the meeting of April 25, 1995. 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, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente requested the addition of an update regarding his discussions with the Matheson family concerning Calusa Park (Item 9-A-2). Page 1 of 6 February 28, 1995 Mayor Festa made a motion approving the agenda changes. 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, Sullivan, Waid; Vice Mayor Sime, and Mayor Festa voting Yes. 5. SPECIAL PRESENTATION: There were no presentations. 6. ORDINANCES: There were no ordinances considered by the Council. 7. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF I'HE VILLAGE OF KEY BISCAYNE, FLORIDA AUTIIORIZING AS SECURITY FOR THE VILLAGE'S STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES A COVENANT TO BUDGET AND APPROPRIATE FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES; AND FROVIDING FOR AN EFFECTIVE DATE. After extensive discussion, Vice Mayor Sime made a motion adopting the resolution. The motion was seconded by Councilman O'Reilly: Resolution 95-4 was adopted by a 5 - 2. roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente and Waid voted No. 8. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the zoning hearings were sworn in by the clerk. Hearing Number 95 -0228 -VC -01. Kenneth and Barbara Savage, the applicants, 640 Ridgewood Road, requested a non-use variance of fifteen feet (15') rear setback requirement to permit a rear setback of six feet and ten inches (6' 10") for a proposed one story addition with non -enclosed covered space to an existing resident. Building, Zoning and Planning' Director John Little stated his recommendation for approval subject to the following conditions: existing open porch shall not be enclosed in the future; if additions or alterations exceed 50% of the total building cost, the proposed addition/porch shall be made to comply with setback requirements; and that plans be submitted and comply with the South Florida Building Code. Mr. Savage spoke in support of his application. Page 2of6 0 February 28, 1995 Mayor Festa opened the public hearing. The following residents addressed the Council: Enrique Alonso, 641 Hampton Lane; Cynthia Caridad, 240 Galen Drive; and Henny Becker, 290 West Mashta Drive. Councilman Sullivan made a motion adopting staff's recommendation and requiring the installation of landscaping, to be approved by the director, by March 15, 1995. The motion was seconded by Councilman O'Reilly. Councilman Llorente offered an amendment requiring that the landscaping be along the entire width of the back -yard. The motion was seconded by Vice Mayor Sime and adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Sime voting Yes. Councilmembers Sullivan, Waid and Mayor Festa voted No. After extensive discussion, the amended Sullivan motion was adopted by a 5 - 2 roll call vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan, and Vice Mayor Sime voting Yes. Councilman Waid and Mayor Festa voted No. Hearing Number 95 -0228 -VC -02. Harbor Shopping Center, the applicant, 55-99 Harbor Drive, requested a non-use variance to allow existing signs to remain in place and to approve similar signage for any future business tenant leasing space. Director Little stated the following recommendations: approval with conditions for all existing roof signs to remain in place for as long as the building roof stays in the existing position and denial without prejudice of the request for the sign of "Harbor Plaza" on the flat roof top of the building and require that such sign be completely removed by May 1, 1996. John Rice, 166 Harbor Drive, representing the applicant, addressed the Council. The mayor opened the public hearing. There were no speakers present. Councilman Llorente made a motion adopting staffs recommendation. The motion was seconded by Councilman Padovan. Councilman Sullivan offered an amendment requiring that all sigrage at the property comply with Page 3 of 6 February 28, 1995 the shopping center's uniform signjge. The motion was seconded by Mayor Festa. After brief discussion, the amendment was withdrawn. The Llorente motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Plat Approval. The attorney gave a report regarding final plat approval for the Grand Bay Resort and Residences project. Carter McDowell, 701 Brickell Avenue, representing the applicant, addressed the Council and concurred to include language on the plat as recommended by the attorney. Councilman Waid made a motion approving the final plat for the Grand Bay Resort and Residences project. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 9. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Councilmembers. Councilman Sullivan discussed the Village's newsletter and cable television programs. Scott Bass, 201 Galen Drive, addressed the CounciL Councilman Llorente gave an update on his discussions with the. Matheson family regarding Calusa Park Village Attorney. The attorney gave a brief report regarding the Seaquarium litigation matter. Village Clerk. The clerk reported that the mayor had issued a proclamation recognizing February 21,1995 as Eagle Scout Byron Byron-Exarcos Day. The clerk also submitted a copy of Vice Mayor Sime's memorandum, regarding a quality aquarium project article, dated February 10, 1995. Village Manager. The Council discussed the proposed name change of Fernwood Road. Chiqui Labare, 414 Fanwood Road, and Grant Danzkin, 442 Fernwood Road, addressed the Council. Page 4 of 6 February 28, 1995 By consent, the Council directed the attorney to prepare the appropriate legislation, for the Council's consideration at a future meeting, renaming Fernwood Road as Park Drive, and requiring notification to all property owners along said street. At the request of the manager, Director Little discussed the on -going code enforcement violations at the L'Esplanade property. Camille Guething, 210 Seaview Drive, addressed the Council. Director Little also submitted a preliminary report regarding the feasibility of using the L'Esplanade and FernwoodfivIcIntyre properties as municipal facilities. There was extensive Council discussion. The manager briefly discussed the need for parking facilities for Village employees and Village vehicles. 0 The manager submitted the following informational items: a copy of Hearing Officer's Recommended Order, State of Florida Public Employees Relations Commission, in case of Dade County Police Benevolent Association v. Village of Key Biscayne, dated February 17, 1995; a memorandum from Eric Jacobs, Greater Miami Convention and Visitors Bureau, regarding one percent food and beverage tax, dated February 16, 1995; and an application for participation in Florida League of Cities' Legislative Action Day in Tallahassee. The Council discussed the police department's petition for a union vote. The manager addressed concerns of the Council. Michael Kahn, 881 Ocean Drive, addressed the Council. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future. meetings was presented to the Council and public. 12. ADJOURNMENT: The meeting was adjourned at 10:40 p.m. Page 5 of 6 February 28, 1995 Approved this Nki. day of F a s t ,1995 0 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 WIT .I 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 TEST7MONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 6 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA SATURDAY, MARCH 4, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 9:00 a.m. Present were Councihnembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (arrived at 9:10 a.m.), John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Attorney Richard Weiss, Finance Director Jack Neustadt (serving as acting village manager) and Assistant to the Village Clerk Tania Padron (serving as acting village clerk). Mayor Festa welcomed the residents to the workshop for discussion of the Village Green. The following residents addressed the Council: Camille Guething, 260 Seaview Drive, discussed the possibility of building a roller -blade rink and requested that no fencing be installed around the property. Carmine Vittoria, resident, suggested the construction of a bocci court. Franklin Colescott, 462 Ridgewood Road, recommended the erection of benches in the park. Mortimer Fried, 291 Harbor Court, expressed his concerns regarding proposed rules for the park. Hirch Barbaro, 881 Ocean Drive, discussed the need for a gazebo. Samantha Sager, 335 Harbor Drive, suggested the location of a historical museum at the green. The following fifth graders from the Key Biscayne Elementary School addressed several matters regarding the park: Sarah McKenzine, 715 Harbor Drive; Lauren Scopera, 916 Mariner Drive; Alexandra Rodriguez, 731 South Mashta Drive; Tatiana Blanco, 145 Fast Enid Drive; Isabella Ramirez, 435 Allendale Road; and Frederico Padovan, 425Grapetree Drive. Sally Brody, 180 Harbor Drive, discussed the need for playing fields. Page 1 of3 March 4, 1995 Martha Broucek, 170 Ocean Lane Drive, commended the Council for the development of the park. Jacqueline Sanchez, 385 Ridgewood Road, addressed the Council regarding the tot lot. Elaine Gross, 211 Island Drive, discussed the need for restroom facilities at the park. Pat Weinman, 570 North Mashta Drive, spoke in support of a barrier along the perimeters of the park Ed Meyer, 100 Sunrise Drive, addressed the need for recreational programs. Henny Becker, 290 West Mashta Drive, discussed a myriad of issues concerning the green. Bonnie Cooper, 77 Crandon Boulevard, addressed the Council regarding the use of the park by the Key Biscayne Athletic Club. Michael Kahn, 881 Ocean Drive, discussed the issue of fencing around the tot lot. Ruby Colescott, 462 Ridgewood Road, spoke regarding landscaping at the park. Virginia Nelson, 200 Ocean Lane Drive, addressed the Council regarding safety. Renata Winsnap, 221 East Fnid Drive, discussed the need for a wall, hedge or fencing surrounding the property. Jim Dowd, 101 Ocean Lane Drive, and Bonnie Clayton, 725 Myrtlewood Lane, also addressed the Council regarding fencing of the park. Building, Zoning and Planning Director John Little, Village Planner Raul Lastra and Recreation Department Program Coordinator Loren Matthews participated in discussions with the Council and public. The Council discussed many of the opinions of the residents. The meeting was adjourned at 11:00 a.m. Page 2 of 3 March 4, 1995 Approved this Mt day of V\ 0 {Ci , 1995. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED ATAMEETING 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 MAD,, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 3 of 3 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 14, 1995 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, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa, 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, gave an invocation. 3. PLEDGE OF ALLEGIANCE: The mayor led the Pledge. 4. APPROVAL OF MINUTES: Councilman Llorente requested that the minutes of the meeting of February 28, 1995 be corrected to reflect the following vote on Item 7: "Councilmembers O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente and Waid voted No." Mayor Festa made a motion approving the amended minutes of the special meeting of February 28, 1995 and the minutes of the workshop meeting of March 4, 1995. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 5. AGENDA: Councilman O'Reilly requested discussion of TV Marti as Item 10-A-5. There were no objections. 6. SPECIAL PRESENTATIONS: On behalf of the Council, Councilman Sullivan presented a copy of Resolution 95-3 to the following members of the School Advisory Committee commending their commitment and dedication to the Village: Susan Fox-Rosellini and Councilman Padovan. The mayor presented a copy of the resolution to Councilman Sullivan who served as chairman of the committee. The following members, who were not present, were also recognized: Martha Broucek; Barbara Hunsaker, Jim It Barbara Jacobs; and Bill Ofgant., Page 1 of 9 March 14, 1995 Chris Sager, president of the Key Biscayne Chamber of Commerce, made a brief presentation to the Council regarding plans for the Nixon/Kennedy Villa The Council discussed the matter. Building, Zoning and Planning Director John Little participated in discussions with Council. 7. PUBLIC COMMENTS: There were no speakers. 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VIL1 AGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE TO IMPOSE FEES FOR SOLID WASTE AND RECYCLING WITHIN 1'HE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND ANEH( ECTIVE DATE, Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Waid. The mayor opened a public hearing. There were no speakers. The ordinance was adopted on first reading by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, OReilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for April 11, 1995. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 33 OF 1'lir: CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO 1'HE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER; DELETING SECTION 33-310 ENTITLED "ZONING APPEALS BOARD - NOTICE AND HEARING PREREQUISITE TO ACTION BY THE BOARD"; AMENDING THE CODE OF 1'HE VILLAGE OF KEY BISCAYNE TO PROVIDE PUBLIC NOTICE PREREQUISITES TO ACTION ON ZONING APPLICATIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN I'HL CODE AND AN EFFECTIVE DATE. After brief discussion, Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Vice Mayor Sime. Page 2 of9 0 March 14, 1995 The mayor opened a public hearing. There were no speakers. The ordinance was adopted on first reading by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for April 11, 1995. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE ON NOT EXCEEDING $7,200,00.00 OF STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE. The manager, Percy Aguila, the Village's financial advisor, and Jeff DeCarlo, the Village's bond counsel, discussed the ordinance with the Council. The mayor opened a public hearing. There were no speakers. After extensive discussion, Vice Mayor Sime made a motion adopting the ordinance on first reading. The motion was seconded by Mayor Festa. Councilman O'Reilly offered an amendment to limit the issuance of Stormwater Utility Revenue Bond Anticipation Notes not to exceed $6.5 million. The motion was seconded by Councilman Waid Attorney Weiss indicated that approval of amendments to the ordinance would require at least five votes pursuant to the Village Charter. Councilman O'Reilly called for a ruling from the chair. The mayor concurred with the attorney. Councilman O'Reilly called for an appeal of the chair's decision. The attorney requested a five minute recess to discuss the matter with bond counsel. Mayor Festa made a motion calling for a five minute recess. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: CouncilmembersLlorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Page 3 of 9 March 14, 1995 After further review, the attorney stated that approval of amendments to the ordinance will only require a majority vote. The O'Reilly amendment was adopted by a 4 - 3 roll call vote. The votewas as follows: Councilmembers Llorente, O'Reilly, Padovan, and Waid voting Yes. Councilman Sullivan, Vice Mayor Sime and Mayor Festa voted No. After further discussion, the amended ordinance failed by a 2 5 roll call vote. The vote was as follows: Councilmembers O'Reilly and Waid voting Yes. Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voted No. Mayor Festa made a motion to reconsider the previous question. The motion was seconded by Vice Mayor Sime and adopted by a 5 2 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente and Waid voted No. Mayor Festa made a motion to amend the ordinance by limiting the issuance of notes not to exceed $7.2 million. The motion was seconded by Vice Mayor Sime and failed on a 3 - 4 roll call vote. The vote was as follows: Councilman Sullivan, Vice Mayor Sime and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, and Waicl voted No. Councilman Waid made a motion adopting the ordinance on first reading. The motion was seconded by Councilman O'Reilly and failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers OReilly, Padovan and Waid voting Yes. Courieth embers Llorente, Sullivan, Vice Mayor Sime, and Mayor Festa voted No. 9. RESOLU'T'IONS: The clerk read the following resolution by title: A RESOLUTION OF IRE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS FOR EMPLOYEE LEGAL SERVICES PLAN AND LONG-TERM DISABILITY PLAN TO SUPPLEMENT EMPLOYEE FRINGE BENEF1m PROVIDING FOR AN EFFECTIVE DATE. Councilman Waid made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. After brief discussion, Resolution 95-6 was adopted by a unanimous voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: Page 4 of 9 March 14, 1995 A RESOLUTION OF 1'HE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A PERMIT AGREEMENT (NO. OF -645) WITH METROPOLITAN DADE COUNTY FOR THE CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM FOR DRAINAGE IMPROVEMENTS AT THREE LOCATIONS WITHIN 1'HE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 95-7 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING CONTRACT FOR CONSTRUCTION OF STORMWATER PROJECT ENTITLED BASINS 1-8; PROVIDING FOR FINANCING OF THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to table the item. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid made a motion to reconsider the item. The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Sullivan voted No. Councilman Waid made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Councilman O'Reilly made a motion amending Section 2 as follows: "That the project expenditures, estimated at $7.2 million, be financed principally by Stormwater Utility Revenue Bond Anticipation Notes? The motion was seconded by Mayor Festa and adopted by unanimous consent. Resolution 95-8, as amended, was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, OReilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Page 5 of 9 March 14, 1995 Mayor and Councilmembers. Vice Mayor Sime gave an update regarding her discussions with the City of Miami for the establishment of ball fields at Virginia Key. Bonnie Cooper, 77 Crandon Boulevard, addressed the Council. There was extensive Council discussion regarding the matter. It was the consensus of the Council to re -address the issue at a future date. Councilman Padovan briefly discussed the Council's rules of order. The attorney was requested to draft a resolution on the matter. Mayor Festa briefly discussed the issue of public works. Vice Mayor Sime discussed the Village's Community Grant Program application form. Councilman O'Reilly discussed the Village's filming permit ordinance and its relation to the filming of programming on the island by TV Marti. The attorney was directed to draft an amendment to the ordinance exempting federal governmental agencies from the permitting process. Village Attorney. The attorney discussed his meetings with the county attorney's office regarding the use of Calusa Park. The attorney gave an update regarding the Seaquarium litigation matter and indicated that an administrative hearing date has been set for July 19, 1995. The attorney briefly discussed the county's Art in Public Places Ordinance. The attorney advised the Council that an appellate court ruled in favor of the Village in the Key Colony/Stormwater lawsuit matter. Village Clerk. The clerk did not submit a report. Village Manager. The manager discussed a request by the Key Biscayne Music and Drama Club for the use of grant monies previously awarded to the organization by the Village. Richard Cifuentes, representing the organization, addressed the Council. Mayor Festa made a motion authorizing the organization to use the fiords for payment of architect fees in connection with the renovation of the Calusa Playhouse. The motion was seconded by Councilman Llorejte. Councilman Waid offered an amendment allowing the organization to use the funds for support and/or promotion of the restoration project of the Calusa Playhouse. The motion was seconded by Councilman Padovan. The amendment was adopted by unanimous consent. Page 6 of 9 0 March 14, 1995 The amended Festa motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The manager, Building, Zoning and Planning Director John Little and Raul Lastra, the Village planner, discussed proposed improvements to the Village Green. By consensus, the Council selected a bench style for the park and authorized the installation of twenty benches. The manager presented proposed rules and regulations for the Village Green. Councilman Padovan made a motion approving the rules as presented by the manager. The motion was seconded by Councilman Waid. Councilman O'Reilly made a motion to table the matter. The motion was seconded by Mayor Festa and adopted by a 5 -. 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Padovan and Waid voted No. Building, Zoning and Planning Director Little discussed proposed noise and construction regulations. The following addressed the Council: Shirley Brill, 550 Ocean Drive; Mary Wills, 210 Seaview Drive; Ed Meyer, 100 Sunrise Drive; Doug Weiser, 3250 Mary Street, Miami. After extensive Council discussion, staff was directed to further review the matter. Councilman Padovan made a motion extending the meeting until 11:30 p.m. The motion was seconded by Mayor Festa and adopted by unanimous consent. The manager and Village Engineer Carlos Penin discussed the schedule for sidewalk work throughout the Village. The Council scheduled a workshop for April 18, 1995 to further discuss the matter. Building, Zoning and Planning Director Little gave a brief update regarding code violations at the L'Esplanade property. The mayor announced that the Village had been awarded a $700,000.00 grant for the acquisition of the Village Green and commended staff. The manager recognized his assistant, Yocelyn Galiano, for her work on the grant. Mayor Festa made a motion extending the meeting until .12:00 midnight. The motion was seconded by Councilman Padovan and adopted by unanimous consent Page 7 of 9 March 14, 1995 The Council briefly discussed parking facilities for the Village Green. Staff was requested to prepare a conceptual plan for angle parking at the park. The following informational items were submitted by the manager: the monthly departmental reports; a letter from Chilton Harper, Miami Bridge, regarding donated bicycles, dated January 25, 1995; a letter from Christopher Burns, Dade Marine Institute, regarding community service projects, dated February 7, 1995; a letter from Robert Cuevas, Miami -Dade Water and Sewer Department, to the Islander News, regarding stormwater project, dated February 19, 1995; a letter from Maria Larea, Key Biscayne Galeria, regarding skaters, dated February 21, 1995; a letter from Martha. Pantie, Miami -Dade Water and Sewer Department, regarding sanitary sewer construction, dated February 23, 1995; an article Miami Today, regarding sewer upgrades, dated February 23, 1995; a letter from Bill O'Leary, O'Leary Design and Associates, to Russell Breiner, PNM Corporation, regarding maintenance period for turf areas, dated March 2,1995; a letter from the Village Attorney, regarding Key Biscayne adv. Key Colony et al, dated March 9, 1995;, a copy of Metro -Dade County's.Consumer Services Department cable consumer alert notice; and a copy of a notice from the National Association of Telecommunications Officers and Advisors, regarding "Local Right -of - Way Management Must Be Protected 11. OTHER BUSINESS/GENERAL DISCUSSION: At this time, the mayor made a motion to reconsider Item 8-A-3 (an ordinance authorizing the issuance of Stormwater Utility Revenue Bond Anticipation Notes). The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente,,O'Reilly, Padovan, Sulliyan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion stating that no ad valorem revenues will be pledged in this matter. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wad, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa offered an amendment to the ordinance by authorizing the issuance of notes not to exceed $7.2 million. The motion was seconded by Vice Mayor Sime and adopted by a 5 2 roll call vote. The vote was as follows: Councilmembers Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente and O'Reilly voted No. Councilman Padovan made a motion to extend the meeting until 12:15 a.m. The motion was seconded by Mayor Festa and adopted by unanimous consent Page 8 of 9 c 0 March 14, 1995 Vice Mayor Sime made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Padovan and failed on a 4 - 3 roll call vote. The vote was as follows: Councilmembers Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly and Waid voted No. 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 12:15 a.m. Approved this e day of A47 r; ( ,1995. IFAPERSON DECIDES TOAPPEAL ANY DECISION MADE BYHit VILLAGE COUNCIL WITH RESPECT TOANY MAFIER 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 TESTIMONYAND EVIDENCE UPON WHICH Mk APPEAL IS TO BE BASED. Page 9 of 9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, MARCH 27, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice, Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfinan. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. AGENDA: There were no changes to the agenda. 4. ORDER OF BUSINESS: The mayor briefly discussed employee concerns raised via suggestion boxes at Village Hall. The manager addressed the matter and stated that he will return with report at a future meeting. The Council discussed the following issues pertaining to the financing of the stormwater utility project: At the request of the mayor, the clerk read the following Council correspondence: mayor's memorandum of March 16, 1995, regarding special meeting of March 27th; Councilman Llorente's memorandum of March 20, 1995, concerning comments regarding mayor's memorandum of March 16, 1995; and Councilman O'Reilly's letter of March 20, 1995, regarding stormwater debt. The Council briefly discussed the Fiscal Year 1995 Capital Improvement Bridget. The Council reviewed a fund balance sheet presented by the manager outlining each of the Village's reserve accounts. Councilman Waid made a motion to increase stormwater utility fees to cover financing costs ($7.2 million) for the project (Basins 1 - 8). The motion was seconded by Councilman Llorente. After extensive discussion, the motion was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes. Councilman Sullivan and Vice Mayor Sime voted No. Page 1 of3 March 27, 1995 The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING 57,200,000.00 OF STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES OF THE. VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the ordinance on fast reading. The motion was seconded by Councilman Sullivan. The mayor opened a public hearing. There were no speakers. After brief di srussion, the ordinance failed on a 4 - 3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Liorente, Padovan, and Waid voted No. Councilman Waid made a motion to reconsider the ordinance. The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Vice Mayor Sime and adopted by a 6 1 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente voted No. The clerk announced second reading of the ordinance for Tuesday, March 28; 1995,at 7:00 p.m. The following residents participated in discussions with the Council: Sam Davidian, 720 Myrtlewood Lane; Cliff Brody, 180 Harbor Drive; Jim Haney, 472 Glenridge Road; Steve Ettenheim, 397 Harbor Court; Percy Agula, the Village's financial advisor, Jack Neustadt, finance director, and Tony Nolan, Williams, Hatfield and Stoner, the project consultant, addressed the Council. 5. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. Page 2 of 3 March 27, 1995 6. FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. 7. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. Approved this WI' ' day of Ae Y , t ,J995• IF A PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE MIA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. It Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 28, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Raul LIorente, Hugh O'Reilly, Michele Padovan (arrived at 7:10 p.m.), Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. 2. PLEDGE OF ALLEGIANCE: The mayor led the Pledge. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. 0 4. AGENDA: Councilman Sullivan requested an update from the manager regarding capital projects. Vice Mayor Sime requested discussion concerning communications. Mayor Festa requested discussion regarding boats on the beach. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: There were no special presentations scheduled. 6. ORDINANCES: The clerk read the following ordinance, by title, on second reading: AN ORDINANCE OF I'HE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING I'HE ISSUANCE OF NOT EXCEEDING 57,200,000.00 OF STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES OF 1HE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH I'HE DETAILS OF SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE. Percy Aguila, the Village's financial advisor, and JeffDeCarlo, the Village's bond counsel, addressed the Council. The mayor opened the public hearing. There were no speakers present. After extensive dismission, Mayor Festa made a motion adopting the ordinance on second reading. The motion was seconded by Vice Mayor Sime. Page 1 of 4 March 28, 1995 Councilman O'Reilly made a motion adding a whereas clause to the ordinance in substantially the following form: "Whereas, it is the expressed commitment of the Council to finance the entire financing cost of the Basins 1 - 8 project from the,procrnds of stormwater utility fees;". The motion was seconded by Mayor Festa. The amendment was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes. Councilman Sullivan and Vice Mayor Sime voted No. The ordinance, as amended, was adopted on second reading by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 7. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF IHE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE ISSUANCE OF STORMWATER U 11LITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995, OF THE VII .IAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $ FOR 1HE PURPOSE OF EXPANDING AND IMPROVING THE STORMWATERUTILITY SYSTEM WITHIN THE VILLAGE, AND PAYING COSTS OF ISSUANCE OF 1'HE NOTES; AWARDING THE SALE OF 1'HE NOTES TO KEY BISCAYNE BANK AND TRUST COMPANY AND MIST UNION NATIONAL BANK OF FLORIDA; PROVIDING FOR SECURITY FOR 1HE NOTES PROVIDING OTHER PROVISIONS RELATING TO THE NOTES; MAHING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution; The motion was seconded by Councilman Sullivan and failed on a 4 - 3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente, Padovan and Waid voted No. ' Councilman Llorente made a motion to re -advertise for bids based on the criteria of the resolution. The motion was seconded by Councilman Waid. Councilman Waid offered an amendment to the Llorente motion by requiring the bid documents to dictate that rates not exceed the rates of the previous low bidder (4.89%). The motion was seconded by Councilman Llorente and adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Waid, and Vice Mayor Sime voting Yes. Councilmembers Sullivan, O'Reilly and Mayor Festa voted No. The amended Llorente motion was adopted by a 6 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Page 2 of 4 March 28, 1995 Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Sullivan voted No. Linda Bell, of Williams, Hatfield and Stoner, the stormwater project consultant, addressed Council inquiries regarding the project. 8. BUILDING, ZONING AND PLANNING: There were no items considered. 9. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Councilmembers. Councilman O'Reilly discussed the possible exemptions from the Village's filming ordinance for TV Marti. Councilman Sullivan requested an update from the manager regarding the Village's capital improvement program. 'Jenny Becker, 290 West Mashta Drive, addressed the Council. Vice Mayor Sime discussed the need for improved communication with residents of Village programs. Mayor Festa discussed the problem of boats on the beach due to the lack of proper signage. Village Attorney. The attorney did not submit a copy. Village Clerk. The clerk presented copies of the following Council correspondence: Mayor Festa's memorandum, regarding special meeting of March 27,1995, dated March 16, 1995, and Councilman Llorente's memorandum, regarding Mayor Festa's memorandum dated March 16th, dated March 20, 1995. Village Manager. The manager did not submit a report. 10.01'HER BUSINESS/GENERAL DISCUSSION: 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 9:00 p.m. Page 3 of 4 March 28, 1995 Approved this Wt day of Pp f { ,1995. IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT 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, WHICHRECORD INCLUDES JIm TESTIMONY AND EVIDENCE UPON WHICH TIFF APPEAL IS TO BE BASED Page 4 of 4: MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 11, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councihnembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, and Mayor John Festa. Vice Mayor Betty Sime was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: FatherJoseHernando, of St. Agnes Catholic Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF MINUTES: By unanimous consent, the minutes of the regular meeting of March 14, 1995, the minutes of the special meeting of March 27, 1995 and minutes of the special meeting of March 28, 1995 were approved. 5. AGENDA: Councilman O'Reilly requested discussion regarding "ruins of Key Biscayne" as Item 11-A-3. Councilman Llorente requested the addition of discussion regarding the Village's Kapok trees as Item 11-A-4. Councilman Padovan requested discussion regarding a request by the Chamber of Commerce for use of the Village Green as Item 11-A-5. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Jerry Chiocca and Michael Futterman, of Rachlin, Cohen and Holtz, the Village's auditors, made a presentation regarding the 1994 Comprehensive Annual Financial Report. 7. PUBLIC COMMENTS: There were no speakers present. 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF 1'I3E VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING A PROCEDURE BY WHICH flI.L COUNCIL BY RESOLUTION MAY NAME OR RENAME VILLAGE STREETS; PROVIDING FOR SEVERABILITY, INCLUSION IN 1'IlL CODE AND AN EFFECTIVE DATE. Page 1 of 10 April 11, 1995 The mayor opened a public hearing. There were no speakers present. Councilman Padovan offered an amendment inserting the following language in Section 1: "Notice of the public hearing shall be mailed to all property owners of record on the affected street, road or public way." 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, Waid, and Mayor Festa voting Yes. Councilman O'Reilly offered an amendment inserting the following language in Section 1: "No such road, street or public way shall be named for living persons:" The motion was seconded by Mayor Festa and adopted by a 5 - 1 roll call vote. The vote wag. as follows Councilmembers Llorente, O'Reilly, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Padovan voted No: Councilman O'Reilly made a motion adopting the amended ordinance on first reading. The motion was seconded by Councilman Waid and adopted by a 6 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wad, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for May 9, 1995. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE TO IMPOSE FEES FOR SOLID WASTE AND RECYCLING WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa 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 Waid and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly Padovan, Sullivan, Waid, and Mayor Festa voting Yes. The clerk read the following ordinance, on second reading, by title: Page 2 of 10 n t April 11, 1995 AN ORDINANCE OF 1'HE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 33 OF I'HE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER; DELETING SECTION 33-310 ENTITLED "ZONING APPEALS BOARD NOTICE AND HEARING PREREQUISITE TO ACTION BY THE BOARD"; AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE TO PROVIDE PUBLIC NOTICE PREREQUISITES TO ACTION ON ZONING APPLICATIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa 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 Waid and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly Padovan, Sullivan, Waid, and Mayor Festa voting Yes. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF 1HE VILLAGE OF KEY BISCAYNE, FLORIDA; SETTING FEES FOR THE COLLECTION OF SOLID WASTE AND FOR THE PROVIDING OF RECYCLING SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa opened a public hearing. There were no speakers present. After brief discussion, Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Waid. Resolution 95-9 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF 1'HE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 95-10 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Page 3 of 10 April 11,, 1995 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE ISSUANCE OF STORMWATERUTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN 1'H.E AGGREGATE PRINCIPAL AMOUNT OF $7,200,000.00 FOR THE. PURPOSE OF EXPANDING AND IMPROVING THE STORMWATER UTILITY SYSTEM WITHIN THE 'VILLAGE, AND PAYING COSTS OF ISSUANCE OF THE NOTES; AWARDING THE SALE OF 1'IiL'KOT'ES TO KEY BISCAYNE BANK AND TRUST COMPANY AND FIRST UNION NATIONAL BANK OF FLORIDA; PROVIDING FOR SECURITY FOR THE NOTES; PROVIDING O111ER PROVISIONS RELATING TO THE NOTES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Percy Aguila, the Village's financial advisor, and Jeff DeCarlo, the V'illage's bond counsel, addressed the Council. Doug Weiser, 3250 Mary Street, Miami, addressed the Council. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Wald_ Resolution 95-11 was adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF IDE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING EMPLOYEE DEVELOPMENT PROGRAM; APPROPRIATING FUNDS FOR PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. Ed Meyer, 100 Sunrise Drive, and Mary Wills, 210 Seaview Drive, addressed the Council. After brief discussion, Councilman Wald made a motion adopting the resolution: The motion was seconded by Councilman Padovan. Resolution 95-12 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: Page 4 of 10 �.v April 11, 1995 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OPPOSING RECOMMENDATIONS IN 1 HE PRESIDENT'S 1996 BUDGET REQUEST WHICH WOULD REMOVE FEDERAL PARTICIPATION IN WATER RESOURCES PROJECTS, INCLUDING BEACH RENOURISHMENT PROJECTS, WHICH ARE NOT "NATIONALLY SIGNIFICANT", AND RECOMMENDING THAT THE CURRENT FEDERAL CRITERIA FOR PARTICIPATION AND COST -SHARING BE RETAINED, AND OPPOSING ANY FUTURE LEGISLATION WHICH MAY ELIMINATE OR LIMIT FEDERAL PARTICIPATION IN SUCH PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. Councilman Llorente made a motion adopting the resolution. The motion was seconded by Mayor Festa. After brief discussion, Councilman O'Reilly offered an amendment striking all the whereas clauses of the resolution. The motion was seconded by Councilman Llorente and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes: Councilman Sullivan voted No. Resolution 95-13, as amended, was adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman Waid voted No. 10. BUILDING, ZONING AND PLANNING: The following hearing was held: Hearing Number 95 -0411 -VC -01. A.W.L. Key Associates, the applicant, 455 Crandon Boulevard/555 Ocean Drive, requested an administrative tract review for the project entitled "Grand Bay Resort and Residences." All witnesses giving testimony were swom in by the clerk. Building, Zoning and Planning Director John Little stated his recommendation for approval subject to the following conditions: 1. Dwelling Unit Setbacks. The minimum building setback lines shall be appropriate for the location of the subdivision and on the type of development and use contemplated. The following setbacks for the project shall be required: Page 5 of 10 April11, 1995 a Along Crandon Boulevard thirty feet between the Crandon property line and rear of the platted lots a private or semi -private landscaped open space be created that establishes a pedestrian access to Crandon Boulevard; b. Along East Heather and the interior private road the minimum setback shall be fifteen feet for any one story element and twenty feet for any two story element in these rear area yards. c. Zero front setback shall .be permitted far Tract E residences: d. Zero side setback shall be permitted. e. Zero rear setback shall be permitted for all other properties within the proposed development. 2. Pedestrian Access. That in accordancewith. Section 28-14 .of the Dade County Subdivision Code and Key Biscayne Master Plan pedestrian access be provided in the center of the lots facing Crandon Boulevard to provide circulation or access to schools, parks, shopping centers, transportation, and other community facilities. 3. Common Open Space. That the common open space meet the open space requirements and fall within the allowable minimum and maximum amounts for each category. 4. Lot Shape and Orientation. That the applicants must justify why the side lot lines are not substantially perpendicular to the front street property line, as required by Section 28-14 of the Dade County Subdivision Code. 5. Plans to be Submitted. That before any final plat be approved, the applicant must submit final plans as listed: Street Lighting; Street Sigrpge; Public Edge Landscaping and Wall Conditions; and Edge Setbacks. Doug Weiser, 3250 Mary Street, Miami, Richard Graham, 2727 Southwest 26 Avenue, Miami, Paul Abbott, 3250 Mary Street, Miami, and Carter McDowell, 701 Brickell Avenue, Miami, representing the applicant, addressed the Council. The mayor opened the public hearing. Bill Ofgant, 512 Fernwood Road, addressed the Council. After extensive discussion, Councilman Llorente made a motion adopting staffs recommendation with the following changes: Page 6'of 10 Apri111, 1995 1. Dwelling Unit Setbacks. The minimum building setback lines shall be appropriate for the location of the subdivision and on the type of development and use contemplated. The following minimum setbacks for the project shall be required: a. Along Crandon Boulevard thirty feet between the Crandon property line and rear of the platted lots a private or semi private landscaped open space be created that establishes a pedestrian access to Crandon Boulevard. b. Along East Heather and the interior private road the minimum setback shall be fifteen feet for any one story element and twenty feet for any two story element in these rear area yards. c. Zero front setback shall be permitted for Tract E residences. d. Zero side setback shall be permitted. e. Zero Five feet rear setback of the lots facing -Crandon -Boulevard lo provide eirettlation-er-access to sehoola, parks, The motion was seconded by Councilman Waid and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Councilmembers. Councilman Sullivan made a motion acknowledging the closing of certain traffic lanes on Crandon Boulevard for the "Family Fitness Weekend" on June 24 and 25, 1995. The motion was seconded by the mayor and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Padovan discussed the need for no parking signs along the south side of Harbor Drive between Crandon Boulevard and Fernwood Road. Councilman Padovan made a motion authorizing the police chief to request no parking sites for the specified area.. The motion was seconded by Page 7 of 10 April ll, 1995 Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councihnembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Councilman O'Reilly discussed the condition of several deteriorated properties within the Village. Building, Zoning and Planning Director Little addressed the concerns of the councilman. Councilman Llorente discussed the need for the preservation ofthe Kapok trees in the Village Green. By consensus, the Council directed the Building, Zoning and Planning Department to include the preservation of the trees in the overall plan for the park. Cecile Sanchez, 260 Cypress Drive, addressed the Council: Councilman Padovan made a motion approving the Key Biscayne Chamber of Commerce's request to hold a concert in the Village Green on April 23, 1995. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councihnembers Llorente, OReilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Village Attorney. The attorney gave an update regarding the Key Colony/stormwater fee lawsuit and Calusa Park. Village Clerk. By consent, the Council approved travel for the clerk to attend the International Institute of Municipal Clerks' Conference, in Louisville, during the week of May 21 - 25, 1995. Village Manager. • The Council deferred discussion of a request by the Key Biscayne Music and Drama Club for a charitable contribution. The manager, Building, Zoning and Planning Director Little and Village Planner RaulLastra made a presentation regarding the Village Green. The following issues were discussed: a proposed band stand/restroom structure; a perimeter wall; angle parking along Femwood Road; and trash containers. The following residents addressed the Council: Chiqui Labere, 414 Fernwood Road; Scott Bass, 201 Galen Drive; Henny Becker, 290 West Mashta Drive; and Ed Meyer, 100 Sunrise Drive. It was the consensus of the Council to schedule a contest for the design of a band shelter for the park. The manager also made a presentation regarding proposed rules and regulations for the Village Green. 0 Page 8of10 Aprilll, 1995 After brief discussion, Councilman O'Reilly made a motion to repeal provisions of the County Code, as they relate to the Village, regarding park rules and regulations. 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, Sullivan, Waid, and Mayor Festa voting Yes. Councilman O'Reilly made a motion permitting only authorized vehicles in the park. 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, Waid, and Mayor Festa voting Yes. Mayor Festa made a motion prohibiting pets in the park. The motion was seconded by Councilman Padovan and failed on a 3 - 3 voice vote. The vote was as follows: Councilmembers Padovan, Sullivan and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly and Waid voted No. Emergency Services Director Michael Flaherty addressed the Council regarding park rules. Mayor Festa made a motion to extend the meeting until 11:30 p.m. The motion was seconded by Councilman Padovan and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman Waid voted No. Mayor Festa made a motion to reconsider the O'Reilly motion repealing sections of the County Code relating to park rules and regulations. The motion was seconded by Councilman Padovan and failed on a 2 - 4 voice vote. The vote was as follows: Councilman Padovan and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Sullivan, and Waid voted No. Discussion regarding the manager's employee suggestion report and community grant program application was deferred to the Council's next regular meeting. The manager informed the Council of his office's efforts to provide additional community information through a cable television program entitled "Key Issues." The mayor requested that the attorney discuss the issue of additional television access time with Adelphia Cable. The manager reported that surplus police vehicles had been sold through an auction. Page 9 of 10 April IL 1995 The Council briefly discussed a report of the Village Engineer regarding the replacement of the West Mashta bridge. The manager submitted the following informational items: the monthly departmental reports; a memorandum from the Village Engineer, regarding the West Mashta roadway crossing project; dated March 21,,1995; a letter from Richard Bonner, U.S. Army Corp of Engineers, regarding beach renourishment, dated March 22, 1995; a letter from the Village Attorney, regarding the reimbursement of costs in connection with Village of Key Biscayne adv Key Colony, et al., dated April 3,1995; and a. letter from Christopher Burns, Dade Marine Institute, regarding beach clean-up, dated ;April 3, 1995. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 14. ADJOURNMENT: The meeting was adjourned at 11:25 p.m. Approved this q14. day of \ 0. ,1995. Ulage CI IF A PERSON DECIDES TO APPEAL ANY DECISIONMADE BY=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, WHICHRECORD INCLUDES I KE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 10 of 10 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 25, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attomey Gil Pastoriza. 2. PLEDGE OF ALLEGIANCE: The mayor led the Pledge. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. 4. AGENDA: Councilman Padovan requested the addition of discussion regarding the role of the manager. The mayor requested the addition of discussion regarding local contractors. There were no objections to the agenda changes. Vice Mayor Sime presented to the Council a plaque awarded to the Village by the Calusa Playhouse in appreciation for the Village's efforts in the restoration of the building. 5. SPECIAL PRESENTATIONS: There were no presentations scheduled. 6. ORDINANCES: There were no ordinances considered by the Council. 7. RESOLUTIONS: There were no resolutions considered by the Council 8. BUILDING, ZONING AND PLANNING: All witnesses giving testimony during the scheduled zoning hearing were swom-in by the clerk. Rearing Number 94 -0927 -VC -01. Key Biscayne Cablevision, the applicant, located at 971 Crandon Boulevard, requested approval of an unusual use to permit a cable television facility including but not limited to the incidental office space, transmission facilities and satellite dishes located on said property and a modification to conditions within prior approvals and recorded covenants allowing for a change in the site plan for development of the property. Page 1 of5 April 25, 1995 Building, Zoning and Planning Director John Little stated his recommendation for approval subject to the following conditions: 1. That the applicant provide visual screen to block the viewing of antennas from pedestrians at street level within 600 feet from the subject property to minimize the visibility of the satellite dish antennas (SDAs) by pedestrians or by adjoining property owners. 2. That the existing ground -mounted antenna near the entrance abutting to Crandon Boulevard be removed. 3. That landscaping at the subject property be in compliance with previous resolutions and agreements relative to landscaping requirements. 4. That all fees and fines for previous violation on mounting four SDAs without building permits be paid in full before obtaining a building permit from the Village of Key Biscayne Building, zoning and Planning Department, otherwise no SDAs shall be allowed to be erected. 5. That all SDAs be anchored per South Florida Building Code before an anticipated hurricane hit. 6. That the applicants submit plans showing all revisions to the building including all elevations and landscaping as well as site plan and floor plan. 7. That application for a building permit for the four SDAs must include certification by a registered engineer that the proposed installation complies with the South Florida Building Code. 8. That the applicants receive an annual certificate of occupancy and occupation license from the Village of Key Biscayne. The building, zoning and planning director answered inquiries from the Council. The attorney made a presentation to the Council regarding Section 33-311(d) of the zoning code governing the approval of special exceptions, unusual and new uses. Mayor Festa opened the public hearing. Santiago Echemendia, 999 Ponce De Leon Boulevard, Coral Gables, representing the applicant addressed the Council. Page 2 of 5 Apri125, 1995 Robert Solove, 9500 South Dadeland Boulevard, Miami, representing Land and Property Management Corporation, spoke in opposition to the application. The following also addressed the Council: Francisco Martinez, 180 Island Drive; John Haines, 210 Seaview Drive; John Delafuente, 573 Hampton Lane; Mark Poffenbarger, 2050 Coral Way, Miami; Jim O'Neil, Seaview Drive; Camille Guething, 260 Seaview Drive; Steve Elliot, 6707 Southwest 102 Court, Miami; and Andrew Delafuente, 296 Seaview Drive. Steve Elliot, Curt Batman and Len Wiesenhut, representing Adelphia Cable Communications, 20800 Southwest 167 Avenue, Miami, addressed Council inquiries. Vice Mayor Sime made a motion adopting staff's recommendation and requiring that the satellite dishes be removed within five years. The motion was seconded by Mayor Festa. Councihnan O'Reilly offered an amendment to the Sime motion by striking condition number two of the director's recommendation. The motion was seconded by Councilman Waid and failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Waid and Mayor Festa voting Yes. Councilmembers Llorente, Padovan, Sullivan, and Vice Mayor Sime voted No. Councilman Padovan offered an amendment that condition number one be amended to include the following language: "in the event that the request of the visual screen in no way minimizes the visibility of the satellite dishes, as determined by the Council, the visual screen will be removed by the applicant and that the applicant be required to provide maintenance for so long as satellite dishes are located on the roof." The motion was seconded by Mayor Festa. Mayor Festa made a motion that the Padovan motion be divided into two elements: visual screen and maintenance. The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O`Rewilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The amendment regarding the visual screen failed by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voted No. The amendment regarding maintenance of the visual screen was adopted by a 6 - 1 roll call vote. Page 3 of 5 April 25, 1995 The vote was as follows: Councilmembers Llorente,'O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes. Councilman Waid voted No. Councilman Llorente made a motion to reconsider the O'Reilly motion regarding option number two of the director's recommendation. The motion was seconded by Councilman Sullivan and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Vice Mayor Sime voted. No. Mayor Festa offered and amendment striking condition number two of the director's recommendation. The motion was seconded by Councilman Waid and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice. Mayor Sime, and Mayor Festa voting Yes; The amended Sime motion was adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Waid, and Vice Mayor Sime voting Yes: Councilmembers Llorente, Sullivan and Mayor Festa voted No. 9. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Councilmembers. Councilman Padovan made a motion to terminate the manager's employment as per Section 3(a) of his employment agreement to be effective immediately. The motion was seconded by Councilman O'Reilly. Mayor Festa made a motion to table the matter to the next regular Council meeting. The motion was seconded by Vice Mayor Sime and failed on a 3 - 4 voice vote. The vote was as follows: Councilman Sullivan, Vice Mayor Sime- and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, and Waid voted No. The following residents addressed the Council: Clifford Brody, 180 Harbor Drive; Sally Brody, 180 Harbor Drive; Camille Guething, 260 Seaview Drive; John McCloud, 250 Glenridge Road; Alberto Delacruz, 151 Island Drive; Dorothea Bailey, 338 West Heather Drive Martha Broucek, 170 Ocean Lane Drive; Mary Wills 210 Seaview Drive; Mortimer Fried, 291 Harbor Court; Mike Flaherty, 750 Myrtlewood Drive; Steve Simon, 335 Harbor Lane; Nancy Stoner, 620 North Mashta Drive; George Lesser, 255 Sunrise Drive; Jim O'Neil, 210 Seaview Drive; Sam Davidian, 720 Myrtlewood Lane; Scott Bass, 201 Galen Drive; Bill Bailey, 338 West Heather Drive; Armando Nunez, 265 Glenridge Road; Gene Stearns, 180 Cape Florida Drive; Bonnie Cooper, 77 Crandon Boulevard; and Bob Bristol, 610 Ridgewood Road. Page 1 of 5 April 25, 1995 After further discussion, Mayor Festa made a motion to table the matter. The motion was seconded by Vice Mayor Sime and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers O'Reilly and Waid voted No. By consensus, a meeting was scheduled for May 18, 1995 to further discuss the matter. The clerk submitted a copy of Councilman Llorente's memorandum of April 21, 1995 regarding the stormwater project. The manager submitted the following informational items: a memorandum from Sandra Goldstein, the Village's beach renourishment liaison, regarding beach restoration, dated April 18, 1995; a letter from Robert Barron, Coastal Management and Consulting, regarding dune restoration, dated April 17, 1995; a letter from Robin Reiter, Dade County Public Schools' Blue Ribbon Capital Outlay Advisory Committee, regarding $1.5 billion capital bond and construction program; a letter from Octavio Visiedo, Dade County Public Schools, regarding productivity of public schools, dated March 30, 1995. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. I2. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. Approved this day of Or ' ' , 1995. Village Clergy IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MA11 LR CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEED ARECORD 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 5 of 5 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, APRIL 27, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh. O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime (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. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. AGENDA: There were no changes to the agenda. 4. ORDER OF BUSINESS: The Council discussed the Stormwater Utility project. Mayor Festa made a motion authorizing a notice to proceed for I Ann) Construction Company to construct the stormwater drainage system on the east side of Crandon Boulevard. The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Linda Bell, of Williams, Hatfield and Stoner, the consultant on the project, and Village Engineer Carlos Penin addressed Council inquiries. Councilman O'Reilly made a motion authorizing the manager to undertake a Request for Proposals (RFP) for a construction inspection firm. The motion was seconded by Councilman Waid. Mayor Festa offered an amendment to exclude the east -side project from the RFP. The motion was seconded by Councilman Llorente and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Padovan voted No. After extensive discussion, the amended O'Reilly motion was adopted on a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Padovan voted No. Page 1 of 2 April 27, 1995 Councilman Waid made a motion authorizing themanagerto proceed as per the contract with Williams, Hatfield and Stoner for inspection services for the east -side project. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 5. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 6. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. Approved this CV day of I 1 a y .,1995. Village C -rk IF PERSON DECIDES TO APPEAL ANY DECISIONMADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATIER CONSIDERED ATAMEETING 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 oft MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 9, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Counciimembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. 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. 4. APPROVAL OF MINUTES: By consent, the minutes of the regular meeting of April 11, 1995, the minutes of the special meeting of April 25, 1995 and the minutes of the special meeting of April 27, 1995 were approved. 5. AGENDA: Mayor Festa requested deferral of discussion of the sunshine law and agenda items (Item 10-A-6) and the addition of discussion of the Village's July 4th fireworks show. Councilman Padovan requested deferral of discussion of the gazebo -type for the Village Green (Item 10-A-2). There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Anne Owens, of the Islander News, and the winners of the newspaper's Envirofest essay contest madea presentation to the Council. 7. PUBLIC COMMENTS: Jim Brewster, 500 North Mashta Drive, Steve Simon, 335 Harbor Lane, and Camille Guething, 260 Seaview Drive, addressed the Council regarding the manager. 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF ME VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 17 OF THE CODE OF KEY BISCAYNE REGARDING 1'HE HOURS PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH 1'HE CONDUCTING OF CONSTRUCTION; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY, INCLUSION IN i'HE CODE AND AN EFFECTIVE DATE. Page 1 of 9 May 9, 1995 Building, Zoning and Planning Director John Little presented a staff report. Mayor Festa opened a public hearing. The following residents addressed the Council: Mary Pryor, 611 Ocean Drive; Anne McDonald, 67O Curtiswood Drive; Rafael Sequeira, 390 Redwood Lane; Shirley Brill, 550 Ocean Drive; Jim O'Neil, 210 Seaview Drive; and Doug Weiser, 3250 Mary Street, Miami. Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Waid. Mayor Festa offered an amendment that the ordinance stipulate a list of items considered as noisy construction on weekends. The motion was seconded by Councilman Llorente and adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Padovan and Sullivan votedNo. Councilman Sullivan offered an amendment to Section 1(0 striking "7:00 p.m." and inserting "6:00 p.m." The motion was seconded by Councilran Llorente and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Padovan offered an amendment that the creation of loud or excessive noise in connection with construction not be permitted on Saturdays, Sundays and Holidays. The motion was seconded by Councilman Sullivan. After brief discussion, the motion was withdrawn. Mayor Festa made a motion directing the attorney to prepare a definition for excessive noise. After brief discussion, the motion was withdrawn. The amended ordinance was adopted by a 7 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for May 23, 1995. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF IRK VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION 7-107 OF ME CODE OF KEY BISCAYNE PROVIDING EXEMPTION FOR FEDERAL AGENCIES FROM THE REGULATIONS REGARDING FILMING IN TM VILLAGE; PROVIDING FOR SEVERABII.ITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 2 of 9 May 9, 1995 Mayor Festa opened a public meeting. Bruce Orosz, 881 Ocean drive, addressed the Council. Councilman O'Reilly made a motion adopting the ordinance on first reading. The motion was seconded by Mayor Festa. Councilman Waid offered an amendment to Section 4 as follows: (4) Governmental agencies or instrumentalities ef-the-feelera4-gevernntent--ineledingr but -net The Waid amendment also provided that said agencies and instrumentalities shall notify the Village of any filming activity. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The amended ordinance was adopted by unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for June 13, 1995. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF [Im VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING A PROCEDURE BY WHICH THE COUNCIL BY RESOLUTION MAY NAME OR RENAME VILLAGE STREETS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The attorney submitted an alternate ordinance. Mayor Festa made a motion adopting the alternate ordinance. The motion was seconded by Councilman Padovan. The mayor opened the public hearing. Muriel Curtis, 675 Curtiswood Drive, addressed the Council. Mayor Festa offered an amendment to Section 1 requiring positive response cards from at least 75% of the property owners of record on the affected sheet, road or public way. The motion was seconded by Councilman Waid and adopted by a 6 - 1 roll call vote. The vote was as follows: Page 3 of 9 May 9, 1995 Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Sullivan voted No. Councilman Waid offered an amendment requiring that petitioners pay for any costs, incurred by the Village, associated with the name change. The motion was seconded by Councilman Sullivan and failed by a 2 - 5 roll call vote. The vote was as follows: _Councilmembers Sullivan and Waid. voting Yes. Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Sime, and Mayor Festa voted No: The amended alternate ordinance was adoptedby a 5 - 2 roll call vote. The vote was as follows: Councilmembers O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente and Padovan voted No. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING IHE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH BARTON- ASCHMAN, FORT LAUDERDALE, FLORIDA, FOR A TRAFFIC STUDY; PROVIDING FOR AN EFFECTIVE DATE. Bill Ofgant, 512 Femwood Road, and Benny Becker, 290 West Mashta Drive, addressed the Council. The manager discussed the scope of the proposed traffic study. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Llorente. Resolution 95-14 was adopted by a 6 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Padovan voted No. The clerk read the following resolution by title: A RESOLUTION OF I'HE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING IRE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE FLORIDA COMMUNITIES TRUST, AN AGENCY WITHIN t' lr, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR I'ILL DISBURSEMENT OF A 5700,000.00 GRANT; PROVIDING FOR AN EFFECTIVE DATE. After brief discussion, Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Llorente. Resolution 95-15 was adopted by a unanimous voice vote. The Page4of9 0 0 0 May 9, 1995 vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF 1 HE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING 1'HE CELEBRATION OF 1HL FLORIDA SESQUICENTENNIAL THROUGHOUT 1'HL YEAR OF 1995 AND ENCOURAGING - ALL CITIZENS TO SUPPORT , 1HL CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-16 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Councilmembers. Councilman Padovan discussed her motion, made at the meeting of April 25,1995, regarding the termination of the manager. She requested that the meeting scheduled for May 18,1995 be deferred until a future date in order to provide individual councilmembers with an opportunity to meet with the manager. By consensus, the meeting was rescheduled for June 6, 1995. The following residents addressed the Council- Sidney Cooper, 170 Ocean Lane Drive; Jon Grossman, 375 Hampton Lane; Martha Broucek, 170 Ocean Lane Drive; Bill Ofgant, 512 Fernwood Road; and Mort Fried; 291 Harbor Court. Councilman Llorente discussed the decision of the county to close its fire station at Crandon Park. By consent, the Council directed staff to study the matter of the Village assuming the responsibility of providing fire rescue services from that station. Fire Rescue Chief William Huddleston addressed the Council. Ed Meyer, 100 Sunrise Drive, and Camille Guetiung, 260 Seaview Drive, also addressed the Council. Councilman Llorente requested an update regarding the petition for lights at Calusa Park: Haydee Devaney, 881 Ocean Drive, addressed the Council. Councilman Sullivan discussed the Village's Federal Emergency Management Agency (FEMA) community disaster loan. At the request of the mayor, the clerk read the following resolution by title: Page 5 of 9 May 9, 1995 4 RESOLUTION `OF THE VILLAGE OF'KEY BISCAYNE, FLORIDA; EXPRESSING COUNCIL'S DISASSOCIATION WITH 1HE WRITTEN COMMENTS OF COUNCILMAN HUGH O'REILLY REGARDING IHE FEMA LOAN; PROVIDING FOR AN E}'F}ACTIVE DATE. Mayor Festa made a motion to schedule the resolution for consideration at the Council's next ieetit g. The motion was seconded by Councilman Sullivan and adopted by a 4 - 3 roll call '"t t'ote. The vote was as follows: Councilmembers Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, and Waid yoted No. Councilman Waid made a motion to repay the FEMA loan. The motion was seconded by "Councilman O'Reilly. After brief discussion, the motion was withdrawn Mayor Festa discussed the draft of a letter addressed to the county manager requesting permission to promote the Village's Fourth of July fireworks show at the Rickenbacker ToIl Plaza. By consensus, the Council approved the Fetter.' Mayor Festa discussed a request by the Key Biscayne Chamber of Commerce to provide a Village souvenir to be included in the packets for the United States Conference of Mayors' meeting seheduled for June in Dade County. It was the consensus of the Council that staff work with the chamber to provide an item. Village Attorney. The attorney requested the Council's ratification of the legal description for the restrictive covenant settling the litigation in the matter of Village of Key Biscayne vs. Metropolitan Dade County (International Tennis Center). Mayor Festa made a motion adopting the following resolution: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CLARIFYING T'HE LEGAL DESCRIPTION OF LAND INCLUDED IN THE SETTLEMENT AGREEMENT PREVIOUSLY ENTERED INTO BETWEEN 1HE VILLAGE OF KEY BISCAYNE AND METROPOLITAN DADE COUNTY IN CASE NO. 90-61564 CA32, IN THE CIRCUIT COURT OF 1HE ELEVENTH JUDICIAL: CIRCUIT IN AND FOR DADE COUNTY, FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING FOR AN EFr'ECTIVE DATE. The Festa motion was seconded by Councilman Llorente. Resolution 95-17 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Village Clerk. The clerk submitted for the Council's information a copy of the mayor's proclamation recognizing April 13, 1995 as Arbor Day. Page 6 of 9 0 May 9, 1995 Village Manager. Councilman Llorente made a motion awarding a charitable donation in the amount of $19,500.00 to the Key Biscayne Music and Drama Club to be used for the purpose of restoring the Calusa Playhouse. The motion was seconded by Vice Mayor Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The manager presented a draft of the proposed Request for Letters of Interest in connection with the inspection services contract for the Basins 1 - 8 stormwater improvement project. Councilman Sullivan made a motion approving the proposal. 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The manager discussed a request by a citizen for a Memorial Day service at the Village Green. Gladys Vandeberg, 575 Crandon Boulevard, a member of the American Legion Auxiliary, addressed the Council. Councilman Sullivan made a motion approving the request. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The manager discussed the following capital improvement projects: Harbor Drive (Crandon Boulevard to Femwood Road) and Ocean Lane Drive median. Carlos Penin, the Village engineer, made a presentation to the Council. The following citizens addressed the Council: Jo Rice, 55 Harbor Drive; Bill Ofgant, 512 Fernwood Road; Donald Bird, 200 Ocean Drive; Lino Suarez, 19 Harbor Drive; Paul Froehler, 305 Galen Drive; and Henny Becker, 290 West Mashta Drive. Councilman Padovan made a motion to postpone the Harbor Drive project until a traffic study is completed. 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion approving the engineer's option three for the Ocean Lane Drive median. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Page 7 of 9 May 9, 1995 Mayor Berta made a motion to extend the meeting until 11:45 p.m. The motion was seconded by Councilman Llorente and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Mayor Festa. Vice Mayor Sime voted No. Building, Zoning and Planing Dheetor Little presented a status report regarding the property at 200 Crandon Boulevard and the L'Esplanade: The manager, Building, Zoning and Planning Director Little and Village Planner Raul Lastra presented an update regarding the Village Green. Councihnan Padovan made a motion authorizing the expenditure of up to $350.00 per trash. container for the park. 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The planner and Director Little briefly discussed the parking study for the park. Director Little briefly discussed the contest for thedesign of a band stand for the park. Willy Borrota, 241 Harbor Drive, addressed the Council and recommended that local architects be allowed to work on the project and make a presentation to the Council. By consensus, the Councilapproved the offer from Paul DeLeeuw, 181 Crandon Boulevard, for the donation of a bench for the park. The manager discussed a request by Bahiamar of Key Biscayne Condominium Association for maintenance of the public right-of-way adjacent to their property. By consent, the request was approved. The manager informed the Council of the following scheduled neighborhood information. sessions: Relocation of bus route from Island Drive to West Mashta Drive (June 1, 1995, 7:00 p.m.) and Holiday Colony stormwater project (May 10, 1995, 7:00 p.m.) The manager submitted the following informational items: monthly department reports; a copy of a pleas release from Banyan Management Corporation, regarding the Banyan property settlement, dated March 17, 1995; a letter to the planner, from Ivan Ramirez, Intramark, Inc., regarding a concession cart for the Village Green, dated March 26,1995, a letter to the manager, from Martha Pantin, Miami -Dade Water and Sewer Authority, regarding sewer system expansion project, dated April 7, 1995; a letter to the mayor, from the Village attorney, regarding deputy Village clerk position, dated April 18, 1995; a letter to the manager, from Christopher burns, Dade, Marine 0 Page 8 of 9 May 9, 1995 Institute, regarding beach clean-up project, dated April 18, 1995; a memorandum to the manager, from the finance director, regarding stormwater fund certificates of deposit, dated April 26, 1995; a copy of press release from Miami -Dade Water and Sewer Authority, regarding sewer improvement project, dated April 28, 1995; a memorandum to the manager, from Susan Gregorie, regarding Metro -Dade Cultural Affairs Council community grants; dated April 28, 1995; and a memorandum to the manager, from the Recreation Department program coordinator, regarding fees and charges for rental of the Village Green, dated May 3, 1995. 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 11:50 p.m. Approved this Z3ca day of l ° "� ,1995. Village / erk IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEEDARECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TIIE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 9 of 9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 23, 1995 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, John Waid, Vice Mayor Betty Sime, 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. 3. APPROVAL OF MINUTES: Councilman Padovan offered the following correction to the minutes of the regular meeting of May 9, 1995: "Councilman Padovan offered an amendment that the creation of a loud or excessive noise in connection with construction not be permitted on Saturdays,. Sundays and Holidays. Thcrc was no second to the motion. The motion was seconded by Councilman Sullivan. After brief discussion, the motion was withdrawn" (paragraph five of page two of nine). By unanimous consent, the corrected minutes of the regular meeting of May 9, 1995 were adopted. 4. AGENDA: The mayor requested addition of discussion regarding the Building, Zoning and Planning Department (Item 9 -A -D). Councilman Padovan requested the addition of discussion regarding the public library grounds. There were no objections to the agenda changes. SPECIAL PRESENTATION: There were no special presentations scheduled. 6. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 17 OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS PROHII3ITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH THE CONDUCTING OF CONSTRUCTION; PROVIDING FOR PENAL 1'11 S FOR VIOLATION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 1 of 6 May 23, 1995 The attorney made a presentation regarding the ordinance and presented an alternate ordinance for the Council's consideration. The mayor opened the public hearing. The following citizens addressed the Council: Paul Abbott, 455 Crandon Boulevard;- Bill Croysdale, 550 Ocean Drive; Ted Waldbillig, 455 Crandon Boulevard; Douglas Barry, 455 Crandon Boulevard; Anne McDonald, 670 Curtiswood Drive; Pauline Rivelli, 607 Ocean Drive; Doug Weiser, 455 Crandon Boulevard; Tony Camejo, 151 Crandon Boulevard; Carter McDowell, 455 Crandon Boulevard; Camille Guething, 260 Seaview Drive; Shirley Brill, 550 Ocean Drive; Paul Froehler, 305 Galen Drive; and Robert Haber, 520 Brickell Key Drive, Miami; After extensive discussion, it was the consensus of the Council to establish a committee to further review this matter. Mayor Festa made a motion establishing the Construction Noise Ordinance Committee. The motion was seconded by Councilman Sullivan and adopted by annanimous voice vote. The vote was as follows:. Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion to table further discussion of the proposed ordinance. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 7. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING COUNCIL'S DISASSOCIATION WITH THE WRITTEN COMMENTS OF COUNCILMAN HUGH O'REILLY REGARDING THE FEMA LOAN; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sullivan. After extensive discussion, Councilman O'Reilly made a motion to table the resolution. The motion was seconded by Councilman Waid. Councilman Waid withdrew his second to the O'Reilly motion. After further discussion, the resolution failed on a 3 - 4 roll call vote. The vote was as follows: Councilman Sullivan, Vice Mayor Sime and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, and Waid voted No. Page 2 of 6 May 23, 1995 8. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the hearing were swom-in by the clerk. The following hearing was held by the Council: Hearing Number 95 -0523 -VC -01. MTA Holdings, Inc., the applicant, 300 Island Drive, requested a non-use variance of twenty-five feet (25') from setback requirement to permit a front setback of fifteen feet (15') for proposed porte cochere addition to residence. Village Planner Raul Lastra, serving as acting building, zoning and planning director, stated staff's recommendation for approval subject to the following conditions: 1. That the proposed porte cochere not exceed fourteen feet (14') in height from the BFE. 2. That plans for the porte cochere comply with the South Florida Building Code prior to issuance of any permit. Ignacio Zabaleta, 7412 Southwest 48 Street, Miami, representing the applicant, addressed the Council. Councilman Llorente made a motion adopting staffs recommendation. The motion was seconded by Mayor Festa and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Padovan voted No. 9. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Councilmembers. Mayor Festa discussed the Council's interest in acquiring the land owned by the Key Biscayne Bank adjacent to the Village Green. Councilman Llorente made a motion authorizing the manager to contact the Key Biscayne Bank and discuss their interest in entering into discussions with the Village for the sale of the property. 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, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. mayor discussed the placement of items on the meeting agenda and the application of the state's sunshine law. The attorney addressed the matter. Councilman Sullivan discussed the manager's six month departmental goals and objectives Page 3 of 6 May 23, 1995 progress report. It was the consensus of the Council to schedule a workshop for June 8, 1995, 5:00 p.m., to further. discuss the matter: Mayor Festa briefly discussed the permitting process of the Building, Zoning and Planning Department. Councilman Padovan addressed concerns from the, Library Beautification Foundation for maintenance of the library grounds. Village Attorney. The attorney did not submit a report. Village Clerk. The clerk submitted for the Council's information a copy of Councilman Llorente's memorandum, regarding the Council's June 6, 1995 meeting, dated May 11, 1995. Village Manager. The manager discussed the Village Green project. The following issues were addressed: The planner briefly discussed the issue of parking for the park. The planner recommended parallel parking along Femwood Road. Bill Ofgant, 512 Fernwood Road, addressed the Council. Vice Mayor Sime made a motion adopting staffs recommendation. The motion was seconded by Councilman Padovan. The motion was adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes. Mayor Festa voted No. Saul Padilla, 201 Crandon Boulevard, addressed the Council regarding the use of the park by non-residents. The Council discussed the establishment of a registration process for use of the fields. The Council discussed rules and regulations for the park. The manager addressed the issue of the Kapok trees in the park. The Council approved verbiage for a. plaque to be placed at the trees.' The Council discussed the Community Grant Program application. Mayor Festa made a motion to limit repeat applicants from applying for grant monies in consecutive years. The motion was seconded by Councilman O'Reilly and failed on a 33 - 4 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Page 4 of 6 May 23, 1995 Councilmembers Llorente, Sullivan, Waid, and Vice Mayor Sime voted No. Vice Mayor Sime made a motion prohibiting the use of grant monies to cover personnel costs. The motion was seconded by Councilman Waid and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Sullivan and Waid voted No. 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 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman Waid and Vice Mayor Sime voted No. Councilman O'Reilly made a motion authorizing the manager to issue a notice to proceed for the contractor on the Basins 1 - 8 stormwater project. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The manager submitted the following informational items: a letter to the Recreation Department's program coordinator, from Sue La7nr, Event Planner, regarding Grand Bay concert, dated May 6, 1995; a copy of "Scoping Meeting Environmental Impact Statement for Proposed New Runway at Miami International Airport", dated May 8, 1995; a letter from Virginia Wetherell, Florida Department of Environmental Protection, regarding Governor Lawton Chiles' "Common Sense Approach" program, dated May 12, 1995; a copy of the legal advertisement for the Request for Letters of Interest for construction engineering and inspection services in connection with Basin 1 - 8 Stormwater Improvement program dated May 15, 1995; and a letter to the manager, from Raul Rojas, United States Postal Service, regarding L'Esplanade facility, dated May 16, 1995. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. Page 5 of 6 12 ADJOURNMENT: The meeting was adjourned'at 1'1:15 p.rn Approved this t?t day of 3u n ,1995. May 23, 1995 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, JUNE 6, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, 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. 3. AGENDA: Councilman Waid requested discussion regarding the scheduling of a meeting concerning the Ocean Club's project. There were no objection. 4. ORDER OF BUSINESS: The Council discussed theappointment of a Construction Noise Ordinance Committee. After brief discussion, the mayor appointed the following to the committee: Shirley Brill; Joe Downs; Paul Froehler; Camille Guething; Anne McDonald; Doug Wilson; a representative of CDC; a representative of Tri-Tech; a representative of Grand Bay Resort and a representative of Ocean Club. There were no objections to the mayor's appointments. By consensus, Councilman Waid was appointed chairman of the committee. As part of a review of the manager's job performance, the Council addressed sections of the Village Charter relating to the "Council -Manager" form of government. Councilman O'Reilly discussed his concerns regarding Section 3.03(1) regarding the appointment, supervision and removal of Village employees. Mayor Festa discussed Section 3.03(3) regarding the manager attending Council meetings and participating in discussions with the governing body. Councilman O'Reilly discussed Section 3.03(5) regarding the manager's preparation and submission of a proposed annual budget and capital program. Page 1 of 2 June 6, 1995 Councilman Wald discussed Section 3.03(6) regarding the manager's preparing an annual report on the finances and administrative activities of the.Village. Councilman Sullivan discussed Section 3.03(7) regarding the preparation of reports concerning the operation of Village departments. Councilman O'Reilly discussed Section 103(8) regarding the manager's role in advising the Council as to the financial condition and future needs of the Village. Councilman O'Reilly also discussed Section 3.03(9) regarding the manager's execution of contracts, deeds and other documents on behalf of the Village. The Council discussed Section 3.03(10) regarding other duties of the manager as may be required. By consent, the Council scheduled a goals and objectives workshop for June 20, 1995, at 6:00 p.m. 5. O I HER BUSINESS/GENERAL DISCUSSION: The Council scheduled a workshop for June 27,1995 to discuss the Ocean Club's (the former Key Biscayne Hotel and Villas property) project zoning application. 6. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public_ 7. ADJOURNMENT: The meetinge-[' was adjourned at 9:15 p.m. Approved this 1341 day of `lti n Q ,1995. IF A PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT TOANY I{L41lSR 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 HIL TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 0 0 Page 2 of 2 MINUTES VILLAOF COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, JUNE 12, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Raul Llorente, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Councilman Hugh O'Reilly was absent Also present were Village Manager Samuel Kissinger, Village Attorney Richard Weiss and Assistant to the Village Attorney Teresa Smith (serving as acting village clerk). the Council re -scheduled the workshop meeting of June 27, 1995, regarding the Ocean Club project, for June 22, 1995. The Council reviewed the manager's "Departmental Status Report on 1994-1995 Goals and Objectives" publication dated May 17, 1995. By consensus, the Council directed the manager to notify residents, by post -card, of the procedure for obtaining a refired of the solid waste fee from Metro -Dade County. Building, Zoning and Planning Director John Little, Fire Rescue Chief William Huddleston, Emergency Services Director Mlchael Flaherty, and the Recreation Department's Program Coordinator Loren Matthews addressed the Council regarding their respective department's goals; objectives and accomplishments. The manager and Council briefly discussed the following items: 1994 millage rate comparison of Dade County municipalities; a six month progress report on the Village Green; a report on the stormwater drainage improvement project; a report on the Crandon Boulevard hupcovement program; the capital improvement program; a rcyurt on approved grant proposals; and a six month balance sheet of the Village's general fund. The Council, manager and attorney discussed the manager's employee suggestions report. The meeting was adjourned at 10:30 p.m. Pcge 1 of 2 June 12, 1995 IFA PERSON DECIDES TOAPPE4L ANY DECISION MADEBY THE VILLAGE COUNCIL WITH RESPECT TO ANY M4112? CONSIDERED ATA PIING OR .HEARING, THAT PERSON WILL NEED A RECORD OF TILL PROCEEDINGS AND, FOR SUCH PURPOSE MAY JVFFD TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDFIVCE UPON WHICHTHE APPEAL 15' TO BE BASED. Page 2of2 0 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 13, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CAIL 110 ORDER/ROIL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfinan. 2. INVOCATION: Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an invocation. 3 PLEDGE OF AI LEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF IM NUTES: The minutes of the special meeting of May 23, 1995 and the minutes of the workshop meeting of June 6, 1995 were adopted by unanimous consent. 5. AGENDA: Councilman Llorente requested the addition of discussion regarding a resolution concerning a Calusa Park development plan. There were no objections. 6. SPECIAL PRESENTATIONS: There were no special presentations scheduled 7. PUBLIC COMMENTS: Ed Meyer, 100 Sunrise Drive, addressed the Council regarding the departmental goals and objectives workshop held on June 12th. 8. ORDINANCES. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF 1111 VILIA( E OF KEY BISCAYIVF, FLORIDA; AMENDING SECTION 7-107 OF THE CODE OF KEY BISCAYNE PROVIDING FXEMPITON FOR LIBERAL ACIINCIIISFROMT EREGUTATtONSREGARDINGFI MINGINTHE VILIAGE; PROVIDING FOR SEVERABIUTY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The mayor opened the public hearing. There were no speakers present. Councilman O'Reilly made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Padovan. Ordinance 95-7 was adopted by a 6 - 1 roll call vote. Page I of 7 June 13, 1995 The vote was as follows: Counciimembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Vice Mayor Sime voted No. 9. RESOLUTIONS; The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING IHE VIILAGE MANAGER 10 ENTER INTO A PERMIT AGREEMENT (NO. OF -661) WITH MEIROPOITTAN DADE COUNTY FOR LUL CONS 1RUCITON OF A STORIVIDRAINAGE SYSTEVI CONSISTINGOF EIGHTEEN DRAINAGE WELTS, CAI U BASINS AND WEIRS WITHINTHE VIIIACW.; APPROPRIATING FUNDS FOR PAYMENT OF PERMIT IILFS; PROVIDING FOR AN EFFECIIVE DATE Mayor' Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-18 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VIII AGE OF KEY BISCAYNF, FLORIDA; AUTHORIZING IHE VILLAGE MANAGER TO EXECUTE THE ATTACIIED ACCESS AND INDEMNIFICATION AGREEMENT BEI\WE N THE VIITA.GE AND T.HSP ASSOCIATES IIMHFD PARTNERSHIP III AND THE OCEAN CLUB TIMID PARTNERSHIP (FOR FOURKIIH OF JULY FIREWORKS DISPLAY); PROVIDING FOR AN EFFECIIVE DATE Councilman Llorente made a motion adopting the resolution. The motion, was seconded by Councilman Sullivan. Resolution 95-19 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read. the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING A DONATION IN THE AMOUNT OF $ FROM THE KEY BISCAYNE COMIVIUNITY O N1FP, INC FORME: PURPOSE OF FUNDING A COMMUNITY CENTER AND PROVIDING FOR AN EEFECIIVE DATE; After brief discussion, action on the resolution was deferred to a future meeting.. Page 2 of 7 0 0 June 13, 1995 10. BUILDING, ZONING AND PLANNING The following hearing was held: Zoning Hearing Number 95 -0613 -VC -01. A.W.L. Key Associates, the applicant, 455 Crandon Boulevard/555 Ocean Drive, requested an administrative tract review of Tract A and Tract D for the project entitled "Grand Bay Tower and Resort Key Biscayne". Building, Zoning and Planning Dnector John Little stated his recommendation for approval of the application subject to specified conditions: Carter McDowell and Doug Weiser, 455 Crandon Boulevard, representing the applicant, addressed the Council. The mayor opened the public hearing. Shirley Brill, 550 Ocean Drive, addressed the Council. Mayor Festa made a motion adopting staffs recommendation. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Councilmembers. Councilman Padovan made a motion directing the manager to repay the Village's $1,000,000.00 FEMA Community Disaster loan. The motion was seconded by Councilman Waid. After brief discussion, the motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Sullivan addrecsed the issue of allegations regarding possible wrong -doing in connection with the Village's application for the FEMA Community Disaster loan. ouncihman Padovan discussed her April 25, 1995 motion regarding the termination of the manager. Councilman Padovan made a motion to remove from the table the motion to terminate the manager. The motion was seconded by Councilman Lloieu(e and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The Padovan motion terminating the manager failed by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voted No. Councilman Sullivan discussed the possibility of studying a sanitary sewer project in relation to the stormwater project. Village Engineer Carlos Penin addressed the Council. The Council Page 3 of 7 June 13, 1995 directed staff to prepare a report on the matter. Mayor Festa requested deferral of an item regarding the appointment of a special master for code enforcement matters. Councilman Llorente discussed the manager's public statement "A Public Statement on Village Government The Good, The Bad and Suggestions on How to Bring Us Together Again" published on June 6, 1995. Vice Mayor Sine gave an update regarding the Village's Master Plan. The Council discussed concerns of the state's Department of Community Affairs (DCA) regarding sanitary sewers. Councilman Sullivan made a motion adopting the recommendations of DCA. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, OReilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente discussed a development plan for Calusa Park and submitted the following resolution for the Council's consideration: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE. FLORIDA DIRFCIING 111E VILLAGE MANAGER TO PREPARE A DEVELOPMENT PLAN FORCALUSA PARICAND TO REQUES'TFROMMEIROPOLITAN DADE COUNTY AND IDLE MATT ESONS '111AT TITE SUBJECT DEVELOPMENT PLAN BE INCLUDED AS AN INTEGRAL PARTOF TILE CRANDON PARK MASTER PLAN AND PROVJDING'FOR AN EFFECTIVE DATE By consent, Section One was amended to read as follows: "Directing the Village Manager to prepare a development plan for Calusa Park and to request from Metropolitan Dade County and the Matheson that the subject development pIan be inclndefl as an integral part of the Crandon Park master plan." Vice Mayor Sime made a motion adopting the amended resolution. The motion was seconded by Councilman O'Reilly. Resolution 95-20 was adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan Waid, and Vice Mayor Sime voting Yes. Mayor Festa voted No. The Council requested that the mayor contact the county manager to discuss the issue of installing play equipment at Calusa Park Village Attorney. The attorney did not submit a report. Page 4 of 7 June 13, 1995 Village Clerk The clerk did not submit a report. Village Manage'. Village Engineer Penin and Alina Corbato, of C.A.P. Engineering, made a presentation regarding the proposed sidewalk projects for Harbor Drive, Femwood Road and West Mashta Drive. The following matters relating to the Village Green were discussed: Mayor Festa made a motion approving use of the park by the Kiwanis Club for a Fourth of July picnic. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The Council discussed proposed fees and charges for rental of the park. The Council discussed proposed rules and regulations for the park. Emergency Services Director lvfichael Flaherty participated in discussions with the Council. Councilman Padovan made a motion adopting Rule 9, regarding domestic animals, as presented in the manager's memorandum, dated June 5, 1995. The motion was seconded by Mayor Festa and adopted by a 4 3 voice vote. The vote was as follows: Councilmembers Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly and Waid voted No. The manager advised the Council that an additional 153 trees, which were originally slated for Crandon Boulevard, will be planted at the park. The Council authorized the manager to pursue an offer from the Village of Bal Harbour for Pigeon Plum trees at no cost. The manager discussed the following matters relating to the Building Zoning and Planning Department Building Zoning and Planning Director Little presented a staffing plan for his department pursuant to a recently adopted county ordinance. The manager discussed the need to lease additional office space at the Key Biscayne Bank Building for use by the department. Village Planner Raul Lastra presented a report regarding parking on East Enid Drive. Pcge 5 of 7 .hme 13, 1995 The planner also presented a summary of the departnienrs''June 1st public information session regarding the proposed bus route change. The manager discussed the proposed name change for Fernwood"Road. Chiqui Labare, 414 Fernwood Road, addressed the Council. The manager was directed to advertise a public hearing for September 12, 1995 to consider the matter. Councilman Padovan made a motion to extend the meeting until 11:15 p.m. 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, Sullivan, and Mayor Festa voting Yes. Councilman Waid and Vice Mayor Sime voted No. The manager gave an update on the stormwater construction project. The manager informed the Council that the Village has been awarded a "COPS FAST' federal grant for additional police protection The manager presented a proposed schedule for consideration of the 1996 fiscal budget. The manager submitted the following informational items: the monthly departmental reports and a letter from Nicholas Miansbach, Dade Marine Institute, regarding beach clean-up project, dated May 18, 1995. 12. OME R BUSINESS/GENERAL DISCUSSION: There was no further business discussed 13. SCI RULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 14. : The meeting was adjourned at 11:10 p.m. Page 6 of 7 June 13, 1995 Approved this W i day of 3 , 1995. IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MI77T2 CONSIDERED ATA MEETING OR IIE4R1NG, THAT PERSON WWI NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCHPURPOSE MAY NEED TO ENSURE THATA VERBATITkfRECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TFSTIMONYAND EVIDENCE UPON WHICH1HIEAPPFAL IS TO BE BASED. Page 7of7 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 20, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 6:30 p.m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid (arrived at 6:35 p.m), Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. The purpose of the workshop was to discuss the Council's goals and objectives. The Council discussed the formulation of a vision statement for the Village. Councilmembers submitted the following topics for discussion: responsiveness by staff/Village Council to residents in a courteous and expeditious manner, public works; communications and public relations; beaches and bay (access, renourishment and parking); parks and community center, Village facilities/land acquisition; budgeting schedule; water and sewer, lighting/landscaping tourism/retail; government structure; sanitary sewers; street signs; road re -construction; bike paths; underground wiring tax reduction; police visibility; bus shelters; traffic control devices; land development code; entrance sign;. Village code; boardwalk; criteria for evaluating Council employees (manager and clerk); analyze finctions of administrative office; library study (cost and hours of operation); completion of DRI projects; cost-efficient/small government; labor unions; history of island (Nixon Villa, Calusa Playhouse and Mackie home); recycling (condominiums); .and employee incentives. After extensive discussion, and by consensus, the Council adopted priorities for each specified goal and objective based on the following scale: Ran Time Frame 1 - less than 1 year 2 - 1 - 2 years 3 - 3 - 5 years 4 5 or more years Page 1 of 4 June 20, 1995 Item Public Works. •stormwater (FY95) •sanitary (FY95) •sidewalks (walking/biking) (FY95) •bus shelters (FY 95) •Mashta Bridge •five year plan •landscaping •ham park 1 - landscaped areas 1 -residential streets 3 - Crandon Boulevard 1 •underground utilities (FY 96) 2 •Sheet signs (FY 96) 3 •entrance sign (FY 95) 4 •boardwalk 4 •beach renourishment 4 Administrative/Operational •responsiveness/evaluation 1 •public relatidns(communications 1 ✓ esidentialkommercial •community involvement 1 •impact fees 1 •traffic study 1 •a ministratwe work -load 1 •garbage/recycling (condominiums) 1 •bus route 1 Priority 1 1 1 1 1 Council .gay study 1 •county tax reduction 1 •more control of school 1 Calusa Park control 1 Page 2 of 4 .haze 20, 1995 Acquisition 'parks (concurrency) •beach -parking 1 1 - Kress 1 •historic buildings - museum 1 -preservation Nixon Villa 4 Calusa Playhouse 1 Mackle Home 4 •community center 2 •land acquisition 2 •bay access 4 -facilities (Village Center) 4 The Council concurred to also list the following policy items as non prioritinYi goals and objectives: •meetings •develop criteria for evaluating manager and clerk •policy regarding type/size of government •tax reduction •debt reduction/liinit Mayor Festa made a motion to defer discussion of additional agenda items. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Uorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa gave a brief report regarding Dade County's proposed plans for Calusa Park. The Council briefly discussed the construction engineering and inspection services for the Basins 1 - 8 stormwater project. The meeting was adjourned at 11:15 p.m. Page 3of4 June 20, 1995 Approved this l (4A day of \J ,1995. IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT TO ANY MATTER CONSIDERED ATA FLING OR IIFARJNG, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCHPE1RPOSE MAY NEED TO ENSURE THAT A VFRBATIMRECORD OF THE PROCEEDINGS LS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICHTHE APPE4L IS TO BE BASED. Page 4of4 0 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JUNE 22, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 8:20 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Attorney Steve Helfman and Assistant to the Village Clerk Tania Padron (serving as acting village clerk). Mayor Festa led the Pledge of Allegiance. The mayor announced the purpose of the workshop was to discuss the proposed Ocean Club project on the site of the former Key Biscayne Hotel and Villas property. John Hinson, 3670 Palmetto Avenue, Miami, representing THSP Limited Partnership, the owners of the property, made a presentation to the Council regarding the proposed project. The following members of the project team participated in disnissions with the Council: Taft Bradshaw; John Temple, Kevin Moller; Carter McDowell; Charles Sieger, and Evan. Marks. The mayor opened a public hearing. The following residents addressed the Council: Michael Kahn, 881 Ocean Drive; Zaida Vidal, 600 Giapthee Drive; Camille Guething, 260 Seaview Drive; Lilibeth Warner, 320 West Enid Drive; Haydee Devaney, 881 Ocean Drive; Patricia Romano, 335 West Wood Drive; Ed Meyer, 100 Sunrise Drive; and Chris Sager, 335 Harbor Drive. Councilman Waid excused himself from the meeting at 10:00 p.m. By consensus, the Council scheduled a public hearing to the consider the project's zoning application on Tuesday, July 25, 1995, at 7:00 p.m. The meeting was adjourned at 11:45 p.m. Page l of 2 June 22, 1995 Approved this 101/4 day of J , 1991 0 1F PERSONDECIDES TOAPPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MMER CONSIDERED AT MELTING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE' PROCEEDINGS AND, Pi2R SUCH PURPOSE MAY NEED TO .EVSURE 1114 TA VERBATIM RECORD OF MIL PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE ILSTIMONY AND EVIDENCE UPON WHICH THE' APPEAL IS TO BE BASED. Page 2 of 2 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JUNE 22, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 6:10 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly (arrived at 6:15 p.m.), Michele Padovan, Raymond Sullivan (arrived at 6:15 p.m.), John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Attorney Steve Helfman and Assistant to the Village Clerk Tania Padron (serving as acting village clerk). 2. ORDER OF BUSINESS: The Council discussed the following business: The Council addressed the issue of the future of Calusa Park and Dade County's proposed plans for the facility. The following citizens addressed the Council: Haydee Devaney, 881 Ocean Drive; Dori Goldman, 8635 Southwest 47 Terrace, Mami, representing the Key Biscayne Music and Drama Club; Mchael Kahn, 881 Ocean Drive; Julio Avello, 421 South Mashta Drive; Joe Rasco, 310 West Heather Drive; Mortimer Fried, 291 Harbor Court, and Ahna Trapollini, 650 Ocean Drive. Charles Pezoldt, director of the county's Parks and Recreation Department, discussed the county's policy regarding Crandon Park and its effects on Calusa Park and the Village. Councilman Llorente made a motion directing the Village Attorney to determine the proper legal action to challenge the Crandon Park master plan and report to the Council no later than July 25, 1995 — providing time for Mr. Pezoldt to discuss the matter with the Matheson family. 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The manager discussed the issue of construction engineering and inspection services in connection with the Basins 1 - 8 stormwater project. After extensive Council discussion, Councilman Llorente made a motion directing the manager to negotiate with PBS&J Page 1 of 3 June 22, 1995 Construction Service for construction engineering and inspection services. The motion was seconded by Councilman Waid and adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, and Waid voting Yes. Councilman Sullivan, Vice Mayor Sime and Mayor Festa voted No. The manager requested approval for the hiring of a thief structural engineer/building official. Mayor Festa made a motion authorizing the manager to hire the official at a starting salary of $57,0000. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers : LTorente, O'Reilly, Padovan, Sullivan, Ward, Vice Mayor Sime, and Mayor Fester voting Yes.' The manager discussed the need for additional. office space for the Building„ Zoning and PlanningDepartment. The following resolution was considered by the Council: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN ADDENDUM TO TIEIEA,SEAGRFFMENTBEIWEE1 ThEVRLAGEANDKEYBISCAYNEBANK FOR OFFICE SPACE; PROVIDING FOR AN EFFECIIVE DATE Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Llorente. Resolution 95-21 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, (YReiily, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes." 3. OTHER BUSINESS/GENERAL DISCUSSION: 'there was no further business discussed. 4. The meeting was adjourned at 8:10 p.m. Page 2 of 3 0 0 June 22, 1995 Approved this tr day of .1 "' \ , 1995. IFA PERSON DECIDES TO APPEAL ANY DECISIONMADEBY THE VILLAGE COUNCIL WITHRESPECT TO ANY MATTER CONSIDERED ATA MEETING OR BEARING, THATPERSON WILL NEED A RECORD OF 1TIL PROCEEDINGS AND, FOR SUCH PURPOSE MAY NEED TO ENSURE THATA VERBATIMRECORD OF THE' PROCEEDINGS LS MADE WHICH RECORD INCLUDES ITiL 1LSTIMONY AND EVIDENCE UPON WHICH THE APPFAL IS TO DEBASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 27, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. COIL TO ORDER/ROIL CAJ.L OF MEMBERS: The meeting was called to order by Vice Mayor Sime at 6:00 p.m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Mlchele Padovan, John Waid, and Vice Mayor Sime. Councilman Raymond Sullivan and Mayor John Festa were absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. 2. PIFDGE OF ALLEGIANCE: Vice Mayor Sime led the Pledge. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. fe`"' 4. AGENDA: Councilman Padovan requested the addition of discussion relating to the Council's recent approval of a zoning variance for Adelphia Cable. 5. SPECIAL PRESENTATIONS: There were no special presentations scheduled. 6. ORDINANCEN: There were no ordinances considered by the Council. RESOLUTIONS: There were no resolutions considered by the Council. 8. BUIIDING, ZONING AND PLANNING: All witnesses giving testimony in the following hearing were sworn -in by the clerk Hearing Number 95 -0627 -VC -02. Carlos and Elena Deschapelles, the applicants, requested a non-use variance of twenty-five (255 feet front setback requirement to permit a front setback of twenty feet (20') for proposed new residence located at 390 Atlantic Road. Building, Zoning and Planning Director John Little stated his recommendation for approval of the application. Vice Mayor Sime opened the public hearing. Dorothy Malinin, 360 Atlantic Road, addressed the Council. Page I of 3 June 27, 1955 Carlos Deschapelies, the applicant, briefly addressed tliC Coundil. = Councilman Llorente made a motion adopting staff s recommendation. The motion was seconded by Councilman Padovan and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, and Vice Mayor Sime voting Yes. 9, REPORTS AND RECOMMENDATIONS: Councilman Waid, chairman of the Const action Noise Ordinance Committee, presented a copy of the committee's final report to the Council. Charles Sieger, a member of the committee, and Director Little addressed the. Council regarding the committee's recommendations. Councilman O'Reilly made a motion accepting the report and disbanding the committee. The motion was seconded by Councilman Llorente and adopted by a 4 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Waid, and Vice Mayor Sime voting Yes. Councilman Padovan voted No. Councilman Padovan requested an updated regarding the zoning variance granted to Key Biscayne Cablevision at the meeting of April 25, 1995. Director Little and Attorney Hellman addressed the councilman's concerns. By consensus, the Council directed staff to.. review the matter and take appropriate actions to remedy the situation. 10. OT FRBUSINF.SS/GFPWRALDISCUSSION: There was no further business discnesed. 11. SCHEDULE OF FUTURE MEEIIINNG /EVENTS: A schedule of future meetings was presented to the Council and public: 12. : The meeting was adjourned at 7:40 p.m. Page 2 of 3 Q 0 0 June 27, 1995 Approved i i* day of J , 1995. "silage IF A PERSON DECIDES TO APPFAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY M4IThR CONSIDERED AT A METING OR HEARING, TIIATPE.RSON 1+711 NEEDA RECORD OF TIIEPROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS LS MADE WHICH RECORD INCLUDES 1[1s ILSTIMONY AND "EVIDENCE UPON WHICH THE APPEAL LS TO BE BASED. Page 3of3 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 11, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROIL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (arrived at 7:10 p.m.), John Waid; Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman. 2. INVOCATION: The Reverend Timothy Leighton, of the Key Biscayne Community Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: EGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OFIVIINUIFS: By consensus, the minutes of the workshop meeting of June 12, 1995, the minutes of the regular meeting of June 13, 1995, the minutes of the workshop meeting of June 20, 1995, the minutes of the special meeting of June 22, 1995, the minutes of the workshop meeting of June 22, 1995, and the minutes of the special meeting of June 27, 1995 were approved by the Council. 5. AGENDA: Vice Mayor Sime requested the addition of discussion regarding the July 25th special meeting (Item 10-A-10). There were no objections. 6. SPECIAL PRESENTATIONS: A presentation by local architects regarding facilities for the Village Gwen was deferred. PUBLIC COMMENTS: There were no speakers present. 8. ORDINANCTh: There were no ordinances considered by the Council. 9 RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLA(' OF KEY BISCAYNE, FLORIDA; COMMENDING LORENMATIIIEWS FORHEREFFORTS AS COORDINATOR OF THE VK AGE'S FOURTH OF JULY ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE Page 1 of 6 July 11, 1995 Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sine. Resolution 95-22 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Bill Durham, representing the Key Biscayne Chamber of Commerce, expressed his appreciation to Ms. Matthews and the Village for their cooperation during the Fourth of July celebration. The clerk read the following resolution by title: A RESOLUTION OF IHL VILLAGE OF KEY BISCAYNE, FLORIDA; CONIlN1ENDINGJAMES BREWSTE[2FORHIS EFFORTS DURING THE VILLAGE'S 1995 FOURIHOF JULY CELEBRATION; PROVIDING FOR AN EFFECTIVEDATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-23 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. At this time, Wilfredo Borroto and Mchael Kracauer, architects residing on Key Biscayne, made a presentation to the Council regarding proposed facilities for the Village Green. The. Council directed the Building, Zoning and Planning Department to meet with the architects to further study the matter. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DEIERMINING THE PROPOSED MI IA(F RATE, THE CURRENT YEAR ROILED-BACKRATE, AND TH EDATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BEARINGS AS REQUIRED BY LAW; DIRECIING'IHE. CLERK AND MANAGERTOFIIE SAID RESOLUTION WITEITHE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO IIIE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPAR'iMFI TOFREVENUEOFTHE STATE OFFLORIDA; PROVIDING FOR AN EFFECTIVE DATE After a brief presentation by the manager, Councilman O'Reilly made tnotion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 95-24 was adopted by a unanimous voice vote. The vote was as follows: Councilmembeis Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Shire, and Mayor Festa voting Yes. Page2of6 0 July 11, 1995 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNF, FLORIDA; APPROVING THE TERMS OF A STTPULAlED SETTLEMENT AGREEMENT BETWEEN ITIE VILLAGE AND THE FLORIDA DEPART -WENT OF COMMUNITY AFFAIRS CONCERNING THE VILLAGE'S MAS IER PLAN; AUTHORIZING 1HE MAYOR TO EXECUTE THE AGREEIVIEVT; DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY OF THE EXECUTED AGREEMENT; PROVIDING FORAN EFFECTIVE DATE The attorney briefly addressed the Council regarding the resolution. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Waid. Resolution 95-25 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed by the Council: f ',. Mayor and Councilmembers. The Council discussed traffic problems on Crandon Boulevard created as a result of a concert held on Virginia Key on July 2nd. Emergency Services Director Michael Flaherty and Fire Rescue Chief William Huddleston addressed the Council. Councihnan Padovan requested that a letter be sent to the City of Miami regarding this matter. Councilman Llorente discussed the establishment of a contingency plan for emergency traffic conditions. Councilman Llorente discussed the need for enforcement of the "No Thru Trucks" signs on FernwoodRoad Councilman Sullivan commended Loren Matthews and the Village's Recreation Department for their work during the Fourth of July celebration. Mayor Festa recommended the re -appointment of Dennis O'Hara and James Dowd as special masters. There were no objections from the Council. Mr. O'Hara and Mr. Dowd were each re- appointed to a one year term. Vice Mayor Sime briefly discussed a proposed charter amendment reducing the number of council seats from seven to five. The vice mayor discussed the need for a beach patrol. Ed Meyer, 100 Sunrise Drive, addressed the Council. Page 3 of 6 July 11, 1995 Vice Mayor Sime expressed her concern regarding the use of private fireworks on the beach and the Village Green. Councilman Padovan proposed the extension of a contract with Fireworks by Grucci for the fireworks display in 1997. James Brewster, 500 North Mashta Drive, addressed the Council. There was. no Council action. Vice Mayor Sime briefly discussed the public hearing on July 25th regarding the proposed Ocean Club project. Village Attorney. The attorney submitted a brief report regarding the Village's legal options concerning Calusa Park. Village Clerk. The clerk did not submit a report. Village Manager. The manager gave a brief update regarding the stormwater project. The manager advised the Council and public that weekly neighborhood meetings will be held every Wednesday, at 9:00 a.m., at Village Hall. The manager advised the Council that additional office space has been leased from the Key Biscayne Bank for use by the Building, Zoning and Planning Department. Building, Zoning and Planning Director John Little and Village Planner Raul J astra made a brief presentation regarding a proposed Calusa Park development plan. Councilman Llorente made a motion directing that a copy of the plan be submitted to the county. The motion was seconded by Councilman Sullivan. Councilman O'Reilly made a motion to table the matter. The motion to table was seconded by Mayor Festa and adopted by a 4 - 3 voice vote. The vote was as follows: Councihnembers O'Reilly, Padovan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Llorente, Sullivan and Waid voted No. The manager and Director Little submitted a proposed permit fee schedule. The manager advised the Council that he has met with representatives of SunBank regarding the purchase of the land adjacent to the Village Green. The manager submitted the following informational items: monthly departmental reports; a memorandum from Raymond Sittig, Florida League of Cities, regarding the league's 69th Annual Conference, dated June 6, 1995; a press release fivm the Government Finance Officers Association, regarding Village's Distinguished Budget Presentation Award, dated June 7, 1995; a letter from Anne Traba, Northern Trust Bank, regarding Village's Annual Financial Statement, dated June 8, 1995; a memorandum from the Fire Rescue Chief, regarding paramedic staffing, Page 4of6 0 0 .holy 11, 1995 dated June 20, 1995; a letter from Carol -Ann Rudy, a Village resident, regarding proposed mural, dated June 21, 1995; a memorandum from the Fire Rescue Chief regarding new fire hydrants and water mains, dated June 26, 1995; a memorandum from Charles Pezoldt, Dade County Parks and Recreation Department Director, to County Manager Armando Vidal, regarding Calusa Park, dated June 27, 1995; a letter from John Hinson, THSP Associates Limited Partnership, to Dade County Superintendent of Schools Octavio Visiedo, regarding promissory note payment, dated June 28, 1995; a letter from Lynn Whisenhunt, Adelphia Cable Communications, regarding cable service, dated June 28, 1995; a letter from Carolyn Dekle, South Florida Regional Planning Council, regarding Ocean Club project, dated June 28, 1995; a letter from the Village Manager, to residents of Ocean Lane Drive, regarding stormwater drainage project, dated July 5, 1995; a memorandum from the Village Planner, regarding waste containers for the Village Green, dated July 5, 1995; a memorandum from the Village Manager, regarding 81st Annual International City Manager's Conference, dated July 7, 1995; a letter from A.C. Hemandez, a Village resident, regarding Village Green facilities; a copy of notice mailed to the single family residential area property owners regarding refund of Metro -Dade solid waste fee; and a copy of notice mailed to Femwood Road property owners regarding proposed street name change. 11. OTHERBUSINESS/GEVERALDISCUSSION: 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 9:45 p.m Page 5 of 6 July 11, 1995 Approved this I -24t day of Se-{'4`^"ei° '1995. lage Q IPA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MELTING OR HEARING, MAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS FOR SUCH PURPOSE, MAY JVEED 10 ENSURE THAT A VERBATIM RECORD OF T'IE PROCEEDINGS IS MADE, WVIICH RECORD INCLUDES TILE ILS'TIMONY AND EVIDENCE UPON WIRCHTHE APPEAL IS TO BE BASED. Page 6 of 6 0 0 SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 25, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembets Raul Llorente, Hugh O'Reilly, Michele Padovan (arrived at 7:05 p.m.), Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Heifmait 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 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 Olympic flame (Item 9-A-3). There were no objections. 5. SPECIAL PRESENTATIONS: Chuck Pezoldt, Director of Metropolitan Dade County's Park and Recreation Department, and Bruce Matheson, representing the Matheson Faniily, made a presentation to the Council regarding the proposed Crandon Park master plan and elements relating to Calusa Park The Council discussed the presentation. Councilman Llorente made a motion instructing the Village Attorney to file a legal complaint and prepare a challenge to the terms of the county's settlement agreement with the Matheson family concerning Crandon Park and providing a ten day period for the county to respond to the Village Attorney of its intentions with regards to the preservation of the integrity of C'alusa Park as is in its present condition. The motionwas seconded by Councilman Waid The motion was amended to provide the county until the September 12th meeting of the Council to respond to the Village. Mayor Festa objected to the amendment. The Llorente motion was adopted by a 6 - 1 voice vote. The vote was as follows: Cou ncilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes. Mayor Festa voted No. Page l of 7 July 25, 1995 Mayor Festa discussed the establishment of a youth center on Virginia Key. The mayor read the following resolution by title: A RESOLUTION APPROVING, IN PRINCIPAL, 111x. INTERLOCAL DEVELOPMENT OF COM4IUN1IY RECREATIONAL FACRIIIES AND ACCESSORY AIVIFNITIF.S ON VIRGINIA KEY AS A COOPERATIVE PROJECT OF THE CITY OF MIAMI, METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE; AUTHORIZING AND DIRECiING'I13ECITY/COUNTY/VILLAGE MANAGER TO MEET WITH REPRESENTATIVES (W 11-llJ OILER GOVERNMENTAL AGENCIES TO INITIATE THIS PROJECT. There was no action on the resolution. It was the consensus of the Council for the mayor to pursue discussions with City of Miami and county officials regarding the establishment of a youth center on Virginia Key. Mortimer Fried, 291 Harbor Lane, and Richard Cifuentes, 14880 Southwest 158 Street, Miami, Lcpcaenting the Key Biscayne Music and Drama Club, addressed the Council. 6. ORDINANCES: The clerk read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING AMFNDMENIS TO DIE VIILAGE OF KEY BISCAYNE MASTER PLAN PURSUANT TO THE PROVISIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN 1HE VILLAGE OF KEY BISCAYNE AND 1HE STATE OF FLORIDA DEPARIMENT OF COMMUNITY AFFAIRS; AUTHORIZING TRANSMITTAL AND PROVIDING AN EFFECTIVE DATE The mayor opened the public hearing. There were no speakers present. Mayor Festa made a motion continuing the public hearing to the meeting of September 12,1995. The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: Councilmembers LIorente, O'Reilly, Padovan, Sullivan, 'Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 7. RESOLUTIONS: The clerk read thefollowingresolution by title: A RESOLUHON OF 11iE VILLAGE OF KEY BISCAYNE, FLORIDA; FSTABIISfl1NG A CAPITAL IMPROVEMENT FUND; PROVIDING FC& AN EFFECTIVE DATE Page 2of7. July 25, 1995 The manager and Finance Director Jack Neustadt made a brief presentation regarding the resolution. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-26 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VIIIAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A SOLID WASTE COIIECTION AND RECYCLING FUND; PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-27 was adopted by a voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF 1111, VILLAGE OF KEY BISCAYNE, FLORIDA; APPOINTING JOAN 611 I, BLANK AS THE VII LACES LIAISON TO 111N. MRANII CENTENNIAL '96 COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Sime made a motion adopting the resolution. The motion was seconded by Mayor Festa. Resolution 95-28 was adopted by a voice vote. The vote was as follows: Councilmembers Llorente, °Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 8. BUILDING, ZONING AND PLANNING All witnesses giving testimony in the following zoning hearings were swom-in by the clerk. The following hearings were held by the Council: Hearing Number 95 -0725 -VC -0i. Ramiro and Mercedes Cardenal, 620 Harbor Circle, the applicants, requested a nonuse variance of ten feet base flood elevation requirement to permit a bathroom to remain at five feet seven inches Mean Sea Level below Base Floor Elevation in an existing house proposed to be substantially renovated. Page 3 of 7 July 25, 1995 Building, Zoning and Planning Director John Little stated his recommendation for approval of the application. Nazisa Given, 4515 Ponce De Leon Boulevard, Coral Gables, representing the applicant, addressed the Council. 'Ihe mayor opened the public hearing. There were no speakers present. Mayor Festa made a motion adopting staffs recommendation. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Hearing Number 95 -0725 -VC -02. The Ocean Club Limited Partnership, 750-775 Crandon Boulevard, the applicant, requested changes to the Development of Regional Impact (DRI) Development Order for the Key Biscayne Hotel and Villas project, a variance of height regulations to permit multi -family structures with heights of up to 201 feet, and a modification to previously approved zoning resolutions. Director Little stated his recommendation for approval of the application subject to the following specified conditions: • A height limit of seventy feet be imposed within the RU -4L portion of try • The plan be developed in accordance with the plans submitted and that the Village Council perform a subsequent design review followed by individual site review prior to p �S; • That it be covenanted that beyond 2002 no further extensions be made; • That the applicant provide the build -out and landscaping for the proposed two acre park, that it be dedicated to the Village and be limited to Village residents and that the term of its use be changed from time to time based upon approval of the Village and the property owners association; • That the applicant agree to find a "beach access promenade" within the right-of-way immediately adjacent to the northern project limits and Page 4 of 7 July 25, 1995 • That there be an emergency acrrss lane along the southern property line. John Hinson, 750 Crandon Boulevard, representing the applicant, addressed the Council and made a presentation regarding the proposed Ocean Club project. Mr. Hinson introduced the following members of the Ocean Club project's development team: John Temple; Evan Marks; Taft Bradshaw; Charles Sieger, Bill Tipton; Carter McDowell; Stanley Price; Tom Spayne; Cris Cobb; and Cris Blackman. Membersof the development team participated in discussions with the Council. At the request of Attorney Helfinan, the record of the Council workshop meeting of June 25, 1995 was incorporated and made part of the record of this meeting. The following residents addressed the Council: Wendy Wood, 275 Hampton Lane; Mike O'Brien, 8240 Southwest 63 Court, Mani; Mabel Betancourt, 250 Sunrise Drive; Zaida Vidal, 600 Grapetree Drive; Bill Cole, 580 Femwood Road; Muriel Curtis, 675 Curtiswood Drive; Bill Ofgant, 512 Femwood Road; Alan Ward, 470 Pahnwood Lane; Sandra Goldstein, 611 Ocean Drive; D. H. Curtis, 675 Curtiswood Drive; Mortimer Fried, 291 Harbor Court; Michael Kahn, 881 Ocean Drive; James Brewster, 500 North Mashta Drive; Peter Kory, 55 Ocean Lane Drive; Cris Sager, 335 Harbor Drive; Elsa Gutierrez, 6255 Southwest 128 Court, Miami, representing Northern Trust Bank; Judson Owens, 151 Crandon Boulevard; and Haydee Devaney, 881 Ocean Drive. There was extensive Council discussion regarding the proposed project. Mayor Festa made a motion extending the meeting until 11:45 p.m The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly made a motion finding no substantial deviation. The motion was seconded by Councilman Waid and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly made a motion granting special exception for site plan approval and Page 5 of 7 July 25, 1995 approving height variances subject to conditions specified by staffs recommendation. The motion was seconded by Councilman Waid. Mayor Festa made a motion to table the item. The motion was seconded by Councilman Llorente. After brief discussion, the motion was withdrawn. Mayor Festa made a motion extending the meeting until 1:00 am. The motion was seconded by Councilman Padovan and adopted by a 6 - 1 voice vote. The vote was as follows Councihnembers Llorente, O'Reilly, Padovan, Waid, Vice. Mayor Sime, and Mayor Festa voting, Yes. Councilman Sullivan voted No. Councilman O'Reilly moved the previous question which failed on a 4 - 3 vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, and Waid voting Yes. Councilman Sullivan, Vice, Mayor Sine and Mayor Festa voted No. Mayor Festa made a motion to recess the hearing until July 27,1995. The motion was seconded by Councilman Sullivan and adopted by a4 - 3 vote. The vote was as follows:. Couneilmembers Llorente, Sullivan, Vice Mayor Shne, and Mayor Festa voting Yes. Councilmembers ('Reilly, Padovan and Waid voted No. The meeting was recessed at 1:00 a.m. Page 6 of 7 July 25, 1995 Approved this 1 t day of "- , 1995. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAILER CONSIDERED AT A ];EYING OR HEARING, THAT PERSON WILT NEED A RECORD OFLITh PROCEEDINGS AND, FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF nm PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH711EAPPFAL IS TO BE BASED. Page 7 of 7 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JULY 27, 1995 (CONTINUATION OF MEETING OF JULY 25, 1995) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Attorney Stephen Helfinan and Assistant to the Village Clerk Tania Padron (serving as Acting Village Clerk). Mayor Festa led the Pledge of Allegiance. The mayor announced that this meeting was a continuation of the meeting of July 25, 1995. The Council resumed discussions regarding Zoning Hearing 95 -0725 -VC -02, the Ocean Club Limited Partnership's application requesting changes to their Development of Regional Impact Development Order for the property at 750-775 Crandon Boulevard At the request of the mayor, Attorney Helfman discussed the concept of vested rights for the project. Building, Zoning and Planning Director John Little and Village Planner Raul Lastra addressed Council inquiries regarding the application. Stanley Price, 701 Brickell Avenue, Nfiami, icpl senting the applicant, addressed the Council regarding the applicant's drawings and the spacial relation of proposed buildings and existing buildings. John Hinson, 750 Crandon Boulevard, representing the applicant, addressed the Council regarding various aspects of the proposed Ocean Club project. Mr. Hinson offered the following modifications to the project: relocation and alteration of certain buildings; dedication of approximately three-quarters of an acre parcel located at the corner of Crandon Boulevard and East Enid Drive for a public lake parr dedication of a two acre parcelfor a Village beach -limit public parr $250,000.00 for improvements to the proposed beach -front park; and dedication of five feet of land along the length of East Enid Drive for a linear park. Page 1 of 4 July 27, 1995 Carter McDowell, Evan Marks and John Templeton, also representing the applicant, addressed Council inquiries regarding the project. Mayor Festa re -opened the public hearing. The following citizens addressed the Council: Mary Pryor, 611 Ocean Drive; Tucker Gibbs, 2665 South Bayshore Drive, Miami, representing the, Sands Condominitun; Joseph Cole, 5879 Sunset Drive, South Miami, representing the Sands Condominium; Jerry Kaiser, 605 Ocean Drive; Zaida Vidal, 600 Grapetree Drive; Mabel Betancourt, 260 Sunrise Drive; Bill Ofgant, 512 Femwood Road; Michael Kahn, 881 Ocean Drive; Bill Cole,, 580 Femwood Road; Jim Brewster, 500 North Mashta Drive; Mortimer Fried, 291 Harbor Court; Sam Davidian, 720 lvfyrtlewood Lane; Maude Beringer, 371 Beechwood Drive; and Benny Bernell, 270 Cypress Drive. Councilman O'Reilly's motion, made on July 25th, granting a special exception for the site plan approval and approving height variances subject to conditions specified by staffs recommendation was on the table. Councilman Waid offered an amendment incorporating the following changes to the application: Ocean Tower One will be moved westward twenty feet; dedication of beach -front park; contribution of $250,00000 for improvement of beach -front park; dedication of lake park; dedication of five feet of land along the length of East Enid Drive; eastern most portion of Ocean Tower Two will be moved westwardly twenty feet; Ocean Tower One and Ocean Tower Two heights will be staggered 14 stories, 14 stories,` 16 stories, and 16 stories; and the middle buildings height will be reduced to 191 feet and a reduction of six units. The motion was seconded by Councilman O'Reilly. The amendment was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Waid voting Yes. Vice Mayor Sime and Mayor Festa. voted No. Councilman Llorente offered an amendment limiting Ocean Tower One and Ocean Tower Two to 14 stories. The motion was seconded by Councilman Sullivan. The amendment was adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Iloiuite, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers O'Reilly, Padovan and Waid voted Na Vice Mavor Sime discussed the concerns of residents of the Sands Condominium with regards to the project. Sandra Goldstein, 611 Ocean Drive, addressed the Council: Vice Mayor Sime made a motion continuing the hearing to Septrmbea 6, 1995 to allow the applicant time to meet with representatives of the Sands Condominium in an attempt to resolve differences. The motion was seconded by Mayor Festa and failed on a 2 - 5 roll call vote. The vote was as follows: Vice Mayor Sime and Mayor Pcge2of4 July 27, 1995 Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Waid voted No. The amended O'Reilly motion was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Vice Mayor Sime voting Yes. Councilman Waid and Mayor Festa voted No. Mayor Festa made a motion implementing the following. the elimination of wetland area requirement; changing description of project to conform to site plan; extending build -out date to December 30, 2002; amend covenant to reflect changes to modified site plan; change, where appropriate, Metro -Dade County references to Village of Key Biscayne; and directing the Village Attorney and staff to amend textual descriptions so as to be consistent with modified site plan. The motion was seconded by Councilman O'Reilly. Mayor Festa offered an amendment limiting the build -out date to December 30, 2000 and providing an extension until December 30, 2002 if at least fifty percent of the units have been completed by the year 2000. The motion was seconded by Councilman Padovan. After brief discussion, the amendment failed on a 1 - 6 roll call vote. The vote was as follows: Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voted No. The Festa motion was adopted by a 6 - 1 roll call vote. The vote was as following. Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes. Mayor Festa voted No. Councilman O'Reilly made a motion granting withdrawal of a variance request for the T ake Tower. 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, Sullivan Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Attorney Hellman requested an executive session of the Council to discuss the settlement of the Seaquariumlitigation matter. The Council scheduled the cession for September 12, 1995 at 5:00 p.m. Councilman Sullivan discussed the possibility of having the Olympic Flame, which will be in Miami on July 4, 1996, be a part of the 1996 Fourth of July Parade. It was the consensus of the Council to pursue the matter. The manager submitted the following informational items: a copy of the City of Miami's request for information regarding the proposed Virginia Key campground dated June 28, Page 3 of 4 Judy 2Z 1995 1995; a letter Ana the police chief to Kenneth Claris Florida Marine Patrol, regarding the beach and boats, dated July 6, 1995; a letter from the police chief, to Sheldon Pivnik, Metro - Dade County Traffic Signs and Signals Division, regarding Fernwood Road "No Thru Trucks" signs, dated July 11, 1995; a letter from Nicholas Mansbach, Dade Marine Institute, to the manager, regarding beach clean-up, dated July 18, 1995; a memorandum from the manager, to the Council, regarding 1995-1996 construction projects, dated July 18, 1995; a memorandum from the police chief, to the manager, regarding marine patrol operations, dated July 18; 1995; a letter 11 sin Mary Ann Weissmann, a tourist, regarding the, Village's fireworks display on July 4th, dated July 19, 1995; a memorandum from the police chief to the manager, regarding East-West traffic flow contingency plans, dated July 20, 1995; a notice from the National League of Cities regarding the 1995 conference; and a copy of the Police Department's Crime Prevention and .Emergency Preparedness packet. The meeting was adjourned at 11:45 p.m. Approved this 12-` day of Sec 4e , 1995. IFA PERSON DECIDES' TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITHRESPECT 7O ANY MITER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WIT.T NEED RECORD OFTHE PROCEEDJNGSAND, FOR SUCH PURPOSE MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEEDINGS IS limn WHICH -RECORD INCLUDES mm TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL LS TO BE BASED. Page4of4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 12, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John FestaAlso 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 July 11, 1995, the minutes of the special meeting of July 25, 1995 and the minutes of the continuation meeting of July 27, 1995 were adopted by unanimous consent. 5. AGENDA: Councilman Llorente requested that Item 11-A-1, regarding a Calusa Park lease, include discussion regarding all issues concerning the park. Vice Mayor Sime requested time to make a presentation regarding her service on the City of Miami's committee concerning the development of Virginia Key. Councilman Llorente requested the addition of discussion regarding the permitting of solicitors: Attorney Weiss requested the addition of an ordinance on first reading regarding occupational license fees. The manager requested that Item 9-A-6, concerning park rules, be withdrawn. Councilman Llorente requested time to express his condolences in the death of longtime resident John Keasler. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Mayor Festa presented a proclamation to Edward Yarnell recognizing his contributions as chairman of the Fourth of July Parade Committee. The mayor presented a copy of Resolution 95-22 to Loren Matthews commending her efforts as coordinator of the Village's Fourth of July activities. The mayor presented a copy of Resolution 95-23 to James Brewster col u,arending his efforts during the Village's 1995 Fourth of July celebration. Page 1 of 11 September 12, 1995 Councilman Llorente paid his respects to long=time' key Biscayne resident John Keasler who rexxntly passed away. A copy of the Occupational License Equity Study Commission's final report was presented to the Council. Mayor Festa made a motion accepting the report. The motion was seconded by Vice Mayor Sime and adopted by unanimous voice vote. The vote was as follows Councilmembers Llorente; O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes. John Zegeer, of Barton-Aschman Associates, Inc., made a presentation regarding the Neighborhood Traffic Study commissioned by the Council: 7. PUBLIC CQ\IME VTS: Jochen Wager, 101 Ocean Lane Drive, addressed the Council regarding the proliferation of video stores in the Village. $. PUBLIC BEARING: The Council held a public hearing regarding a proposed name change for Femwood Road. Pursuant to the requirements of Ordinance 95-6, the meeting was noticed to all property owners on Femwood Road and a 75 percent positive response from property owners was required for Council consideration of the proposed name change of the slice. to Park Drive. The Village received a 22.39 percent positive response, therefore, no action was taken by the Council. 9. ORDINANCES: The following ordinances were considered by the Council: Theclerk read the following ordinance by title: AN ORDINANCE OF ME VIIIAGE OF KEY BISCAYNE, FLORIDA, ADOPTING AMENDMENTS TO THE VRLAGE OF KEY BISCAYNE MASTNR PLAN PURSUANT 10 111L PROVISIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN IIIL VILLAGE OF KEY BISCAYNE AND 1HN STATE OF FLORIDA DEPARTMENT OF COMMUNITY AltAI.RS; AUTHORIZING TRANSMITTAL AND PROVIDING AN EFFECTIVE DATE Mayor Festa made a motion adopting the ordinance and incorporating the following amendment to the Master Plan: Medium Density M►iltifamily and Ocean Resort Hotel Insert the following language: Page 2of11 0 September 12, 1995 "If both multifamily residential development and ocean_ resort hotel development occur together on a single parcel, then no lot area which is counted toward meeting the lot area required for multifamily residential uses on a lot shall also be counted toward meeting the lot area required hotel uses on the same lot." Strike the following language: "If both multifamily residential development and ocean resort hotel development occur per acre in any combination of residential hotel unit types so long as multifamily more than 350 hotel units." The motion was seconded by Vice Mayor Sime. Building, Zoning and Planning Director John Little addressed the Council. Mayor Festa opened the public hearing. Carter McDowell, 701 Brickell Avenue, ictneaenting the Ocean Club property and the Silver Sands property, addressed the Council. The ordinance was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF IHL VII IA(E, OF KEY BISCAYNE, FLORIDA, AMENDING SECJIONS28-7(1) AND 28-7 (2) OF TBE CODE OF KEY BIISCAYNE TOCORRECF SCRIVENER'S ERRORS; PROVIDING FOR SEVFRABI I1 Y, INCLUSION IN 11IL. CODE AND AN EFFECIIVE DATE Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Waid and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for October 10, 1995 at 7:00 p.m. Page 3 of 11 September 12, 1995 The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTIONS 2-41(b) AND 2-41(e) OF THE CODE OF la VILLAGE OF KEY BISCAYNE FOR. "ilIL PURPOSE OF CLARIFICATION OF THE TERM'NOTICE" USED RESPECTIVELY Y THEREIN; PROVIDINGFORSEVERABI TTY, INCE I ISION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa made a motion adopting the ordinance on first reading.. The motion was seconded by Councilman Wald and adopted by a unanimous roll call vote. , The vote was as follows: Councilnembers'•Llorente, O'Reilly, Padovan, Sullivan; Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance for October 10, 1995 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 RELATING 10 CONSTRUCTION NOISE; AMENDING SECTION 17-3(0 OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH THE CONDUCTING ` OF CONSTRUCTION AMENDING SECTION 17-7 REGARDING PFNALIIL} FOR VIOLATIONS; PROVIDING FOR SEVERABIITTY, INCLUSION IN 'IIIE CODE AND AN EFFECTIVE DATE Councilman Waid made a presentation regarding the proposed ordinance and the recommendations of the Construction Noise Ordinance Committee. Camille Guething, 260 Seaview Drive, and Carter McDowell, 701 Brickell Avenue, addressed the Council. Councilman Llorente made a motion adopting the ordinance on first reading. The motion was seconded by Vice Mayor Sime and adopted by a 5 - 2 roll call vote. The vote was as follows Councilmembers Lloicute, O'Reilly, Waid, Vice Mayor Sine, and Mayor. Festa voting Yes. Councilmembers Padovan and Sullivan voted No. The clerk announced the second reading of the ordinance for October 10, 1995 at 7:00 p.m. Page 4of11 September 12 1995 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 10 PERMIT THE VILLAGE TO WEThDRAW ITS C:EKIIFICATION WITH THE F17)ERAL COMMUNICATIONS COMMISSION TO REGULATE BASIC DLit CABLE RA1I; AND PROVIDING SEVERABIUTY, INCLUSION IN 1HL CODE AND AN EFFECTIVE DATE. Mayor Festa made a motion to table the ordinance. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, 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 CHAPTER 25 OF 1HL CODE OF KEY BISCAYNE TO PROVIDE FOR INCREASES IN OCCUPATIONAL LICENSE TAXES FOR FINANCIAL INSTITUTIONS AND VENDING MACHINES; AMENDING DEFINITION OF BUSINESS TO EXCLUDE NON-PROFIT SERVICE CLUBS AND ORGANIZATIONS; PROVIDING FOR SEVERABRIIY, INCLUSION IN 1HL CODE AND AN EFFECTIVE DATE Mortimer Fried, 291 Harbor Court, and Heidi Markowiz 161 Crandon Boulevard, addressed the Council. Bob Brookes and Camille Guething, members of the Occupational License Equity Study Commission, also addressed the Council. Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Vice Mayor Sime and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sim; and Mayor Festa voting Yes. Councilman Llorente voted No. The clerk announced the second reading of the ordinance for September 26, 1995 at 7:00 p.m. 10. RESOLUTIONS: The following resolution were considered by the Council: The clerk read the following resolution by title: Page5of11 September 12, 1995 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE CONSTRUCTION NOISE ORDINANCE COMMITTEE FOR THEIR COMMITMENT AND EXPRESSINGAPPRECIATION FOR 'IBM DEDICATION; PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 95-29 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, °Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title A RESOLUTION OF THE VILLAGEOF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR IlILIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION; PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the. resolution. The motion was seconded by Councilman Waid. Resolution 95-30 was adopted by a unanimous voice vote The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wad, Vice Mayor Sime, and Mayor Festa voting yes. The clerk read the following resolution by title: A RESOLUTION OF THE VLU.ACE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF MARY SCHULMAN; PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-31 was adopted by a unanimous voice vote.' The vote was as follows: Councilmembers Llorente, OReilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. ' The clerk read the following resolution by title: Page 6 of 11 September 12, 1995 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VII IAGE MANAGER TO ENTER INTO AN AGREEMENT WITH PBS&T CONS'1RUC ION SERVICES, INC, MIAMI, FLORIDA, FOR CONS'IRUCIION CONTRACT ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION Wwm THE BASINS 1-8 STORMWAIER IMPROVEMENTS PROJECT; PROVIDING FOR AN EF'FECIIVE DATE Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 95-32 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF 1HE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER R) ENTER INTO AN INTERLOCAL AGREEMENT WITH MEIROPOL1TAN DADE COUNTY FOR USE OF COUNTY SOLID WASTE MANAGEMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE At the request of the manager, Mayor Festa made a motion deferring the resolution to a future, meeting. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING A DONATION IN IIJE AMOUNT OF $27,725.54 FROM 1HE KEY BISCAYNE COMMUNITY CENTER, INC FOR THE PURPOSE OF FUNDING A COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE Mortimer Fried, 291 Harbor Court, addressed the Council. After brief discussion, Councilman Waid made a motion adopting the resolution. The motion was seconded by Councilman Sullivan. Resolution 95-33 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Page 7 of 11 September 12, 1995 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilimembers. The Council discussed a meeting attended by Attorney Weiss and the mayor regardingDade County's position concerning Calusa Park The attorney indicated that the county would consider offering the Village a lease, pending approval of the Matheson family, with the following points: a ninety-nine year lease; allow tennis courts to remain for ten years allow Calusa Playhouse to remain at its present site; allow the construction of a sand volleyball court; allow construction of a hard -surface count; and allow the retention of lest -room facilities. The following citizens addressed the Council: Richard Cifuentes, 14880 Southwest 148 Street, Miami; Camille Guething, 260 Seaview Drive; and Haydee Devaney, 881 Ocean Drive. Councilman O'Reilly made a motion providing the Village Attorney with thirty days to negotiate the lease with the county. The motion was seconded by Vice Mayor Sine and adopted by a unanimous voice vote. The vole was as follows Counci}rnembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Llorente made a motion authorizing the manager tonegotiate with Wilfredo Borroto for the continued development of the Village Green gazebo. The motion was seconded by Councilman O'Reilly. Director Little and Village Planner Raul Lastra addressed the Council. After brief discussion, the motion was withdrawn. By consensus, staff was directed to work with Mr. Borroto and return. to Council with a presentation. Vice Mayor Sime made a presentation regarding her proposed amendments to the Village Charter concerning Council membership and terms. The vice mayor made a motion directing the attorney to draft the necessary legislation to place a charter amendment on the ballot to effectuate the following reduce Council membership from seven to five; reduce teens of office to two years; create four numbered seats; and rewrite other Charter provisions to provide implementation. The motion was seconded by Councilman Sullivan. Mortimer Fried, 291 Harbor Court, and Cliff Brody, 180 Harbor Drive, addressed the Council After extensive discussion, the motion was withdrawn. By consensus, the Council agreed to schedule a meeting to further discuss the issue. Councilman Sullivan discussed the need for the implementation of a roller-blading program. Carlos Santamaria, 189 Ocean Lane Drive. repc renting the Kiwanis Club, addressed the Council. By consensus, the Council requested that Mr. Santanlaria meet with the Recreation Department and prepare a proposal to be submitted to the Council at a later date. Page 8 of 11 0 0 0 September 12, 1995 Councilman Padovan proposed the creation of an advisory beautification committee. It was the consensus of the Council that a community beautification group be encouraged to organize and directed the manager to work with the group to bring proposals and recommendations to the Council. Cecile Sanchez, 260 Cypress Drive, addressed the Council. Councilman Padovan provided the Council with a report of her activities at the Florida 1 Pague of Cities' Confcreuce in Kissimmee. Florida Councilman Sullivan discussed liquor license regulations. The attorney, Director Little and Emergency Services Director ivfichael Flaherty addressed Council inquiries regarding the matter. By consensus, staff was directed to prepare a report for Council's consideration at a future meeting. TonyO'Donnel, 701 Brickell Avenue, representing Donald Berg, addressed the Council. Councilman Sullivan reviewed the manager's report of the Council's goals and objectives as discussed by the Council on June 20, 1995. It was the consensus of the Council to schedule a special meeting for October 5, 1995 to further discuss the goals and objectives. n The manager encouraged councilmembers to attend the National League of Cities Conference, in Phoenix, Arizona, November 29 - December 2, 1995. Councilman Llorente expressed his concern regarding solicitors in the residential areas. Director Flaherty addressed the Council. Vice Mayor Sime gave a report regarding her work on a City of Miami committee regarding the proposed development of Virginia Key. Village Attorney. The attorney discussed the Florida Legislature's House Bill 5 regarding ex parte communications in quasi-judicial hearings. Mayor Festa made a motion directing the attorney to draft an ordinance implementing the provisions of House Bill 5. The motion was seconded by Councilman Waidtd as tl bljrecfingl the voice vote. The vote was as follows: Councilnembers OReilly, Padovan. Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente voted No. Councilman Sullivan was absent during the vote. Village Clerk. The clerk did not submit a report. Mayor Festa made a motion extending the meeting until 11:30 p.m. The motion was seconded by Councilman Padovan and adopted by a 4 - 1 - 2 voice vote. Councilmembers Llorente, O'Reilly, Padovan. and Mayor Festa voting Yes. Councilman Waid voted No. Councilman Sullivan and Vice Mayor Sime were absent during the vote. Page 9 of 11 September 12, 1995 Village Manager. The manager discussed the following items concerning the Police Department: implementation of a marine patrol; Virginia Key concerts; request for stop sign at Ridgewood. Road and West Heather Drive; and "No Thu Truck" signs for Femwood Road Director Flaherty participated in discussions with the Council. The manager discussed the following items regarding the Building Zoning and Planning Department building permit fee study; relocation of bus .route; and bus shelters. Director Little addressed the Council. After a brief presentation by the manager and planner, Councilman Llorente made a motion authorizing the manager to prepare a Request for Proposals (RFP) and receive bids for a lighting plan for the Village Green. 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, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid voted No. The manager gave an update on the stormwater-improvement program Linda Bell, of Williams, Hatfield and Stoner, also addressed the Council regarding the progress of the project. Vice Mayor Sime made a motion authorizing the manager to prepare and issue a Request for Proposals (RFP) for an engineer to prepare a master plan and plans and specifications for a sanitary sewer system. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Counciimembers ,Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes. The manager discussed the preparation of plans and specifications to install curbing, irrigation and landscaping for Crandon Boulevard. The Council defend discussion of the math. The manager submitted the following informational items: the monthly departmental reports; a letter from John Dacy, John Dacy and 'Associates, regarding stornnvater improvements on Ocean Lane Drive, elated August 6, 1995; a letter from Charles Pezoldt;Metro-Dade Park and Recreation Department, regarding Calusa Park signs, dated August 22, 1995; a letter from Councilman Julie Littman, City of North Mina i I3each, regarding Veterans Day, dated August 24, 1995; a letter from Evan Marks, G. Soros .;Realty, regarding Ocean Club project, dated August 31, 1995; a copy of notice to proceed. from. Florida Department of Envimnmental Protection for landscaping at Grand Bay project site; and a copy of notice from Key Biscayne Chamber of Commerce regarding general mem - p meeting; 12. cJHIERBUSINFSS/ LDISCUSSION: There was no furtherbusiness discussed. 0 Page 10 of 11 September 12, 1995 13. SCIIEDUIE OF FUIURE MEKDNGS/EVENTS: A schedule of future meetings was presented to the Council and public. The Council agreed to discuss the issue of sidewalks at its special meeting of September 26, 1995. 14. : The meeting was adjourned at 11:35 p.m. Approv day of CCU r , 1995. Village rerk IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCID WITH RESPECT TO ANY MA111 R CONSIDERED AT A MEETING OR HEARING, THATPERSON WILL NEED A RECORD OF Mt PROCEEDINGS AND, FOR SUCH PURPOSE MAY NE® TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHLCFI RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPE4L LS TO BE BASED. Page 11 of 11 MINUTES SPECIAL VILLAGE COUNCIL MEETING (BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEPTEMBER 14, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Hellman. Mayor Festa led the Pledge of Allegiance. The Council considered the following resolution and ordinance: A RESOLUTION OF 1HE VIIIAGE COUNCIL OF KEY BISCAYNE, FLORIDA; ADOPTING 1HL TENTATIVE IVR I.AGE RATE OF THE VILLAGE OF KEY BISCAYNE FORME FISCAL YEAR COMMENCING OCTOBER1,1995 THROUGH SEVLEMBER 30,1996 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BIIL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MIILAGE RATE; PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR 1HE FISCAL YEAR COMMENCING OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1996 IN THE AMOUNT OF PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET; PROVIDING RR AN EFFECTIVE IVE DATE The Council and manager discussed the financial condition of the Village in Fiscal Year 1995. It was the consensus of the Council that a report regarding the status of reserve funds be presented each month along with the financial statements. The mayor opened the public hearing. Marina Wecksler, 1450 South Bayshore Drive, Miami, and Haydee Devaney, 881 Ocean Drive, addressed the Council. Page 1 of 4 September 14, 1995 Ed Stone, 145 Hampton Lane, representing the Key Biscayne Chamber of Commerce, made a presentation to the Council and requested an appropriation of $104,000.00 for the chamber. The following members of the chamber also addressed the Council: Bill Durham 748 Glenridge Road; Dorothea Bailey, 338 West Heather Drive; Bob Brookes, 95 West McIntyre Street; and Anne Owens, 200 Ocean Lane Drive. The Council recessed for ten minutes and resumed discussions at 8:45 p.m. The Council reviewed the Capital Outlay budget and by consensus directed the manager to make a reduction of $550,000.00 (including $70,000 from Fire Vehicles, $150,000.00 from Sanitary Sewers, $50,000.00 from Street Signs, and $320,000.00 from Crandon Boulevard). The Council discussed the Recreation Department's budget and requested additional information for the second hearing regarding the Special Events line item. After brief discussion, the Public Works Department's budget was amended as follows: Landscape Architect line item was reduced to $15,000.00; the Council recommended the addition of an administrator for the department; and the Council requested that the department provide additional animal control related services. The Council reviewed the proposed budget's of the Emergency Services Department (Police and Fire Rescue), the Building, Zoning and Planning Department, Debt Service, Village Attorney and made no changes. Mayor Festa made a motion extending the meeting until 11:30 p.m. The motion was seconded by Councilman Padovan and adopted by a 5 1 - 1 voice vote. The vote was as, follows: Councilmembers Llorente, Padovan, Sullivan, Wald, and Mayor Festa voting Yes. Vice Mayor Sirne voted Na Councilman O'Reilly was absent during the vote The Non -Departmental budget was amended to increase the Village Hall , Rent line item to $72,000.00. The Village Clerk's budget was amended to increase the Salary line item to $40,000.00. The Council directed the manager to include $75,000.00 in the budget for the Key Biscayne Chamber of Commerce. By consensus, the Council approved a cost -of --living increase for the manager. Mayor Festa made a motion to extend the meeting until 11:45 p.m The motion was seconded by Councilman Padovan and adopted by a 6 - 1 voice vote. The vote was as follows: Page 2 of 4 September 14, 1995 Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Vice Mayor Sime voted No. The Council discussed the projected revenues for Fiscal Year 1996. The following staff members participated in discussions with the Council: Fire Rescue Chief William Huddleston; the Recreation Department's Program Coordinator Loren Matthews; and Emergency Services Director Michael Flaherty. Councilman Llorente made a motion establishing the tentative millage rate at 3.8 mils. The motion was seconded by Councilman Waid. Vice Mayor offered an amendment establishing the rate at 3.85 mils. The Sime motion was seconded by Councilman Sullivan and failed on a 2 - 5 roll call vote. The vote was as follows: Councilman Sullivan and Vice Mayor Sime voting Yes. Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voted No. The Llorente motion was adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid. Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Sullivan voted No. Mayor Festa made a motion adopting the tentative millage rate resolution. The motion was seconded by Councilman Waid. Resolution 95-34 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion adopting the budget ordinance on first reading. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk announced the second reading of the ordinance and budget for September 28, 1995. The meeting was adjoumed at 11:45 p.m. Page 3of4 September 14, 1995 Approved this 104dgy of OCR , 1995. IF A PERSON DECIDES' 70 APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAIMS CONSIDERED AT A MEET1NG OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SuCTI PURPOSE. MAY NEED TO ENSURE THAT A VERBA17A1 RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH flit APPEAL IS TO BE BASED Page4of4 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 26, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND 1. CALL TO ORDER/ROIL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attomey 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: The clerk requested the addition of an item regarding the appointment of a representative to the Dade League of Cities' Board of Directors (Item 9-A-5). Mayor Festa requested that Item 9-A-3, concerning ('alusa Park, be discussed as the first item under "Mayor and Councilmembers." Councilman Padovan requested the addition of discussion regarding banners for the new light poles on Crandon Boulevard (Item 9-A-6). Vice Mayor Sime requested the addition of discussion regarding the Key Biscayne Community Church (Item 9-A-7). There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: Cesar Odio, City Manager of the City of Miami made a presentation to the Council regarding the city's proposed development of campgrotmds on Virginia Key. The following representatives of the City of Miami also participated in the presentation: Thom Grafton, project architect; Jack Lull, the city's Dilator of Community Planning and Revitalization; and Wendall Collins, planning coordinator for the project. The following citizens addressed the Council regarding the City of Miami's presentation: Roberta Faliaban, 200 Galen Drive; Mortimer Fried, 291 Harbor Court and Maria Valls, 662 Glenridge Roars There was extensive Council discussion regarding the presentation and proposed development of Virginia Key. Page 1 of 6 September 26, 1995 6. ORDINANCF.h: The clerk read the following ordinance, on second reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25 OF THE CODE OF KEY BISCAYNE TO PROVIDE FOR INCREASES IN OCCUPATIONAL LICENSE TAXES FOR FINANCIAL INSTITUTIONS AND VENDING MACHINES; AMENDING DEFINITION OF BUSINESS TO EXCLUDE NON-PROFIT SERVICE CLUBS AND ORGANIZATIONS; PROVIDING FOR SEVERABIIITY, INCLUSION IN THE CODE AND AN EFFECIVE DATE Mayor Festa 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 unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 7. RFSOLHTIIONS: The clerk read the following resolution by title: A RESOLUTION OF 1HL VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING 1HE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH MEIROPOLITAN DADE COUNTY FOR USE OF COUNTY SOLID WASTE MANAGE NT SYSTENT; PROVIDING FOR AN EFFECTIVE DATE The manager gave a report regarding the proposed agreement with Dade County. The manager recommended deferral of the application and advised the Council that he will notify the county of the Village's intention to commit to enter into an agreement for use of the solid waste management system 8. BUILDING, ZONING AND PLANNING The following matters were considered: All witnesses giving testimony in the zoning hearings were sworn in by the clerk Hearing Number 95 -0926 -VC -01. Villa Harbor Apartment Association, Inc., 166 Harbor Drive, the applicant, requested a non-use variance of twenty feet (20') interior side setback requirement to permit an interior side setback of approximately one feet (1') for proposed alteration of common property_ Building, Zoning and Planning Director John Little presented his recommendation for dppruval of the appIication. o Page 2 W6 September 26, 1995 Robert Owens, 166 Harbor Drive, representing the applicant, addressed the Council. Mayor Festa open the public hearing. There were no speakers piraent. Councilman Sullivan made a motion adopting staffs recommendation. The motion was seconded by Vice Mayor Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, °Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Hearing Number 95 -0926 -VC -02. Jorge and Olga Garcia Montes, 501 Bay Lane, the applicant, requested a non-use variance of twenty-five feet (25') flout setback requirement to permit a front setback of twelve point six seven feet (12.67) for proposed porte cochere addition to new residence. c Director Little presented his recommendation for approval of the application. Jose Castro, 218 Almeira Avenue, Coral Gables, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. The following residents addressed the Council: John Rosser, 300 Redwood Lane; Maria Valls, 662 Glenridge Road; and Allan Ward, 470 Pahnwood Lane. After extensive discussion, Councilman O'Reilly made a motion adopting staffs recommendation. The motion was seconded by Councilman Padovan and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Padovan voted No. Hearing Number 95 -0926 -VC -03. Susan A Talansky, 540 Harbor Drive, the applicant, requested a non-use variance of seven and half feet (7.5') interior side setback to permit an interior side setback of five point one feet (5.1') for an existing residence. Director Little stated his recommendation for approval of the application subject to specified conditions. Susan Talansky, 540 Harbor Drive, the applicant, addressed the Council.. The mayor opened the public hearing. John Rosser, 300 Ridgewood Lane, addressed the Council. Page 3 of 6 September 26, 1995 Vice Mayor Sime made a motion adopting staffs recommendation. The motion was seconded by Mayor Festa and adopted by a 6 - 0 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid was absent during the vote. Dnn. or Little presented the preliminary findings of a study completed by his department regarding the licensing of establishments selling alcoholic beverages. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: The Council discussed the Calusa Park issue and recent negotiations with Dade County for a lease of the park Camille Guething, 260 Seaview Drive, and Mortimer Fried, 291 Harbor Court, addressed the Council. At the recommendation of Councilman Llorente, Mayor Festa made a motion instructing the Village Attorney to file a legal complaint in the appwpiiate court of law challenging the terms of the county's settlement agreement with the Matheson Family concerning Crandon Park. The motion was seconded by Councilman O'Reilly and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wail Vice Mayor Sime, and Mayor Festa voting Yes. Village Engineer Carlos Penin made a presentation regarding the proposed sidewalk project for the Village: Village Planner Raul Lastra also participated in discussionswith the Council. The following residents addressed the Council: Cris. Sager, 335 Harbor Drive; James Taintor, 355 Harbor Drive; and Susan Talansky, 540 Harbor Drive. Mayor Festa made a motion authorizing the engineer to prepare plans for sidewalks for Harbor Drive to be located on the west side of the road, located at a minimum of fourteen to seventeen feet from edge of road, and have a six foot width. The motion was seconded by Councilman O'Reilly. Councilman O'Reilly offered an amendment requiring 50% approval from property owners prior to the installation of the sidewalks. There was no second to the O'Reilly motion. The Festa motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan Waid, Vice Mayor Sime. and Mayor Festa voting Yes. Page 4of6 0 September 26, 1995 Mayor Festa made motion authorizing the engineer to prepare plans for sidewalks for West Mashta Drive to be located on the south side of the road, located as close to the road as possible — taking into account the future growth pattern of street trees, and have a five foot width. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. By consensus, the engineer was directed to prepare plans for sidewalks for Femwood Road to be located on the east side of the road, located along the property line contingent upon property owner approval for landscaping on private property, and have a five foot width Mayor Festa made a motion directing the engineer to prepare a cost estimate for sidewalks for West Heather Drive. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. By consensus, the engineer was also directed to prepare cost estimates for sidewalks on sections of West McIntyre Street and for repairs to the existing sidewalks on Ocean Lane Drive and Grapeiree Drive. Councilman Padovan discussed her concerns regarding the property located at Crandon Boulevard and West McIntyre Street adjacent to the Emergency Services Complex. By consensus, staffwas directed to review the issue of fences along Crandon Boulevard. The Council appointed Councilman Padovan to serve as the Village's representative to the Dade County League of Cities' Board of Directors. Councilman Waid was re -appointed as the alternate representative. Councilman Padovan discussed the need for banners for the new light poles installed on Crandon Boulevard. Councilman Padovan made a motion appropriating finds from the Fiscal Year 1995 Public Works Department budget for the purchase of banners for Crandon Boulevard. 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. I0. OTHERBUSINESS/GFNERALDLSCUSSION: There was no further business discussed Page 5of6 September 26, 1995 11. SII111111JIZ OF FUTURE MEETINGS: A schedule of knit meetings was provided for the Council and public 12. : The meeting was adjourned at 10:45 pm. Approv , his t Oduy of O cXoc9- , 1991 Village Seek IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY T Itt VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NF.EDA RECORD OF THE PROCEEDINGS FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTTMONY AND EVIDENCE UPON WHICH TIE APPEAL IS TO BE BASED. Page 6of6 MINUTES SPECIAL VILLAGE COUNCIL MEETING (BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEPTEMBER 28, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 7:10 p.m. Present were Gouncilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman. Mayor Festa led the Pledge of Allegiance. Vice Mayor Sime requested the addition of discussion regarding the waiving of permit fees for the Key Biscayne Community Church. There were no objections to the agenda change. Vice Mayor Sime made a motion waiving permit fees for repairs to the Key Biscayne Community Church's property. The motion was seconded by Councilman Llorente. David Dines, 240 Galen Drive, and Patricia Copeland, 280 Ridgewood Road, ieprt enting the church, addressed the Council. Councilman O'Reilly offered an amendment that all charitable, educational and religious organizations be exempted from permit fees up to $900.00 for disaster repairs. The motion was seconded by Councilman Waid. After brief discussion, Mayor Festa made a motion deferring the item until October 5, 1995. 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, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following resolution and ordinance by title: A RESOLUTION OF THE VIIIAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF THE VIIIAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMFNCING OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1996, PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1995 THROUGH SEPTEMBER30, 1996 IN THE AMOUNT OF 515,226,322.00 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC DARING TO ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DATE Page 1 of 3; September 28, 1995 The mayor opened the public hearing on the budget. Dennis O'Hara, 111 Island Drive, addressed the Council. There was extensive discussion by the Council regarding the proposed Capital Outlay budget. The Council discussed the Recreation Department's budget. Councilman O'Reilly made a motion directing the manager to adjust the user fees for the Recreation Department's bus to cover the vehicles's actual expenses. There was no second, to the motion. The Council discussed the $10,000.00 appropriation for the 18th Annual Key Biscayne Lighthouse Run from the Special Events line; item. The following citizens addressed the Council: Jim Brewster, 500 North Mashta Drive; Cris Bums, 675 Arthur Lamb Road, Miami; Ed Stone, 145 Hampton Lane; and Ann Fonts, 205 Buttonwood Drive. Councilman O'Reilly called a point of order that the appropriation, of funds to the organization constituted a charitable contribution requiring a fmanimous vote of all seven members. The mayor ruled that the point of order was not well taken and that the item, as in the past fiscal year, would be considered a grant and simply require a majority vote. Afterextensive discussion, it was the consensus of tale Council that the funds remain in the budget and be appropriated from a line item to be determined by the manager. Loren Matthews, the Recreation Department's Program Coordinator, addressed the Council The Council discussed the Police Department's proposed budget. Emergency Services Director Mrchael Flaherty addressed the Council. Councilman Padovan requested an appropriation of $13,750.00 for the purchase of banners for the Crandon Boulevard light poles from contingency funds. By consensus, the Council; agreed to address the issue at a future date. Councilman O'Reilly discussed the Non -Departmental budget's Community Grants line item. It was the consensus of the Council that a. line item for the Jackson Trauma Center charitable contribution, in the amount of $5,00000, be added to the Non -Departmental budget. On a point of order, Councilman O'Reilly asked for a vote on the appropriation of the $5,000.00 charitable contribution, for the trauma center, pursuant to the Village Charter requiring a positive vote of all seven councilmembers. The mayor stated that, on the advise of the attorney, that the point of order was not well taken because the Council had, by previous action, approved the Page 2of3 September 28, 1995 contribution. Councilman O'Reilly appealed the ruling of the chair. On a 6 - 1 roll call vote, the appeal failed. Councilman O'Reilly voted for the appeal. Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voted against the appeaL Pursuant to Florida Statutes 200.065 (Trim Bill), the clerk read the resolution adopting the final millage rate. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Councilman O'Reilly offered an amendment reducing the rate to 3.75 mills. The O'Reilly motion was seconded by Councilman Waid and failed on a 2 - 5 voice vote. The vote was as follows: Councilmembers O'Reilly and Waid voting Yes. Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voted No. Resolution 95-35 was adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Sullivan voted No. Mayor Festa made a motion adopting the budget ordinance on second reading. The motion was seconded by Councilman Llorente and adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmciubers Llorente, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers O'Reilly and Sullivan voted No. The meeting was adjourned at 10:00 p.m. Approv dirge Cl L day of O cif Leis , 1995. IFA PERSON DECIDES TOAPPFAL ANY DECISION MADE BY THE VILLAGE COUNQL WTHIRESPECT TO ANY MI2TTx CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE MAY NEED TO ENSURE HATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THEAPPFAL IS TO BE BASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, OCTOBER 5, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (arrived at 7:10 p.m.), John Waid, Vice Mayor Betty Sime, 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: Without objection, it was the consensus of the Council to discuss the Goals and Objections section of the agenda prior to consideration of the discussion concerning the proposed charter amendments. 4. ORDER OF BUSINESS: The Council discussed its goals and objectives as established at its workshop of June 20, 1995. Vice Mayor Sime recomended the adoption of a vision statement. The Council discussed its goal of a feasibility study regarding the establishment of a municipal library system. The following residents addressed the Council: Sidney Cooper, 170 Ocean Lane Drive; Haydee Archibald, 881 Ocean Drive; Kathy Slavens, 301 Palmwood Lane; Camille Guething, 260 Seaview Drive; Small Gregorie, 320 Palmwood Lane; Joanna Wragg, 361 Redwood Lane; Steve Stern, 161 Crandon Boulevard; Joseph Weisenthal, 421 Island Drive; S. Rollen, 177 Ocean Lane Drive; and Jim Boyer, 550 Ocean Drive. Mary Somerville, Director of the Miami -Dade Public Library System, also addressed the Council. Mayor Festa made a motion to delete the libary study from the Council's goals and objectives. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The Council reviewed the Priority One goals and objectives and made the following changes: Page 1 of 4 October 5, 1995 Councilman Padovan' 'made `a mohon' ° establishing "Curbing on Crandon Boulevard" as a goal. The motion was seconded by Vice Mayor Sime. Mayor Festa offered an amendment that the goal be to initiate a study to determine the feasibility of curbing on Crandon Boulevard. The Festa motion was seconded by Councilman O'Reilly and adopted, by a 6 0 - 1 voice vote. The vote was as follows: Councihnembers Llorente,' O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festavotng Yes. Councilman Waid was absent during the vote. The amended Padovan notion was adopted by a 6 - 0 -1 voice vote. The vote vas- as follows: Coimcihnrinbers Llorente O'Reilly, ; Padovan, Sullivan, Vice ",Mayor Sime, and Mayor Festa votingYes. Councilman= Waid was absent during the vote. "More Control of School" goal was relabeled "School Update/Community Needs." "Calusa Park Control" was deleted as a.goal. Addition of "Environmental Awareness" goal establishing community awareness in regards to theeradication of exotic tree species. Addition of "Development of Ocean Front Park" goal. "1Tistoric Buildings" goal was reclassified as a Priority Three goal. The "Preservation" goals of Calusa Playhouse and Mackie Home were deleted The Council reviewed the Priority Two goals and made the following change: Mayor Festamade a motion reclassifying the "Acquisition: Community Center" and "Acquisition: Land Aguisition" goals as Priority One goals. The motion was seconded by Councilman Padovan and adopted by a 6 -1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly voted Na There were no changes to the Priority Three, Priority Four and Unprioritized goals. Mayor Festa made a motion adopting the goals and objectives as amended by the Council The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, °Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The following citizens participated in discussions with the Council regarding the goals and objectives: Kathy Slavens, 301 Paalmwood Lane; Sidney Cooper, 170 Ocean Lane Page 2 of 4 0 October 5, 1995 Drive; Servando Patapar, 240 Cypress Drive; Cecile Sanchez, 260 Cypress Drive; Bob Brookes, 95 West McIntyre Street; Chris Sager, 335 Harbor Drive; Elaine Gross, 211 Island Drive; and Bonnie Cooper, 77 Crandon Boulevard; The Council discussed Vice Mayor Sime's proposed charter amendments. The vice mayor presented her proposal to reduce Council seats from seven to five, reduce all terms to two years and establish numbered Council seats. The following residents addressed the Council: Stuart Ames, 285 Harbor Drive: Haydee Archibald, 881 Ocean Drive; and Camille Guething, 260 Seaview Drive. After extensive discussion, Councilman Llorente made a motion that no proposed changes be made to the charter at this time. The motion was seconded by Mayor Festa and failed by 3 - 4 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan and Mayor Festa voting Yes. Councilmembers O'Reilly, Sullivan, Waid, and Vice Mayor Sime voted No. Councilman Waid made a motion directing the attorney to prepare an ordinance, to place on the ballot a charter amendment, reducing the terms of councilmembers to two years with staggered terms. There was no second to the motion. Councilman Sullivan made a motion directing the attorney to prepare an ordinance, to place on the ballot a charter amendment, reducing councilmember temis to two years with no staggered terms. The motion was seconded by Councilman Waid and adopted by a 6 - I roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wail, and Vice Mayor Sime voting Yes. Mayor Festa voted No. Councilman Sullivan made a motion directing the attorney to draft an ordinance, to place on the ballot a charter amendment, creating numbered Council seats. The motion was seconded by Councilman O'Reilly and failed on a 3 - 4 mll call vote. The vote was as follows: Councilmembers O'Reilly, Sullivan and Vice Mayor Sime voting Yes. Councilmembers Llorente, Padovan, Waid, and Mayor Festa voted No. Councilman Waid made a motion directing the attorney to draft an ordinance, to place on the ballot a charter amendment, limiting tents of councilmembers to six consecutuve years. The motion was seconded by Councilman Llorente and failed on 3 - 4 roll call vote. The vote was as follows: Councilmembers Llorente, Sullivan and Waid voting Yes. Councilmembers O'Reilly, Padovan, Vice Mayor Sime, and Mayor Festa voted No. Page3of4 October 5, 1995 tee Mayor Stine"o i'an'amendment-to lu"nib Elie mayor's term to two consecutive 'terms. There was no second to the motion. Vice Mayor Sime made a motion directing the attorney to draft an ordinance, to place on the ballot a charter amendment, reducing the number of Council seats from seven to five. There was no second to the motion. 5. o 1 ERBUSINFSS/GINERALDISCUSSION: There was no further business discussed. 6. SCFIEDULE OF FUTURE MEE11NGS A schedule of figure meetings was presented to the Council and public. 7. The meeting was adjourned at 11:05 p.m. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA1'IED CONSIDERED AT A METING OR BRING, THAT PERSON WILL NEED A RECORD OFJIIR PROCEEDINGS AND, FOR SUCH PURPOSE MAY NEED TO FNSURE THAT A VERBATIM RECORD OF HIE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE " IIS'TTMONY AND EVIDENCE UPON WHICH THE APPE4L IS TO BE BASED. Page 4of4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 10, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, 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 regular meeting of September 12, 1995, the budget hearing of September 14, 1995, the special meeting of September 26, 1995, and the budget hearing of September 28, 1995 were adopted by unanimous consent. 5. AGENDA: The clerk indicated that Item 8-B, concerning Zoning Hearing 95 -1010 -SA -02, was inadvertently not listed on the agenda. The Mayor requested the addition of discussion regarding communications. The mayor also requested the deferral of items 9-A-1 (ordinance on first reading repealing Ordinance 93-19), 11 -D- 4 -b (proposed construction permit fee schedule), 11 -D -4-e (alcoholic beverage license rules and regulations), and 11 -D -4-f (review of recently constructed single family dwelling units). Councilman Padovan requested discussion of Item 11 -D -5-b, concerning a letter from Dade County School's Superintendent Octavo Visiedo, as Item 11-A-3. The councilman also requested discussion of legal fees in connection with the library study. There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: A presentation by John Casagrandi, vice president of Browning -Ferris Industries of Florida, the Village's solid waste and recycling services contractor, was deferred. Page 1 of 9 October 10, 1995 7. PUBLIC COMMENTS: Sandra Goldstein, 611 Ocean Drive, representing the Sands Condonvnium, addressed the Council regarding the Ocean Club project. Ms. Goldstein presented a copy of an agreement between the condominium and TI-ISP Associates, the developer of the project, regarding the development of the Ocean Club property. Carlos Santamaria, 199 Ocean Lane Drive, addressed the Council regarding the need for a roller rink or the Village's skaters. The Recreation Department's Program Coordinator, Loren Matthews, addressed the Council: The following residents also addressed the Council: Rick Martinez, 159 East Enid Drive; Ana Catarajano, 200 Cypress Drive; Ivette Thomas, 159 East Enid Drive; Greg Han, 685 Curtiswpod Drive; and Irwzn Podhajser, 6767 Sunset Drive, Miami. The Council requested a repoaand from the admrnistration on. the matter. 8. PUBLIC HEARINGS: All witnesses giving testimony in the following hearings were sworn -in by the clerk. Zoning Hearing 95 -1010 -SA -01. James Pilafian and Shocky Pilafian; 180 Crandon Boulevard, the applicant, requested approval for a multitenant center sign graphics program for the Key Biscayne Shopping Arcade and an extension of the amortization period up to. May 1, 1998 for three non- conforming signs. Buildin , Zoning and Planning Director John Little stated his recommendation for approval subject to specified conditions: James Pilafian, 180 Crandon Boulevard, addressed the Council. The mayor opened the public hearing. There were no speakers present. After brief discussion, Vice Mayor Sirne made a motion approving the multitenant signage and denying the extension for the non -conforming signage. The motion was seconded by Councilman Padovan and adopted by a 6 -1- roll call vote. The vote was as follows: Counci members Llorente, OReilly, Padovan, Sullivan, Vice Mayor Sime. and Mayor Festa voting Yes. Councilman Waid voted No. Zoning Hearing 95 -1010 -SA -02. John Catsimatidis, 726 Crandon Boulevard, the, applicant, requested approval for a multitenant center sign graphics program for the Hyde Park Shopping Center. Director Little stated his recommendation for approval subject to specified conditions. Robert Saraga, 726 Crandon Boulevard, representing the applicant, addressed the Council. Page 2 of 9 October 10, 1995 The mayor opened the public hearing. There were no speakers present. Councilman Llorente made a motion approving the application subject to a restriction of eighteen inch lettering. The motion was seconded by Vice Mayor Sime. After brief discussion, the motion was withdrawn. Mayor Festa made a motion continuing the hearing until October 24, 1995. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes: 9. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF 1'HL VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION; REPEALING APPLICABLE PROVISIONS OF THE CODE OF METROPOLITAN DADE COUNTY REGARDING PARKS AND RECREATION; ADDING A NEW CHAPTER TO THE VILLAGE OF KEY BISCAYNE REGARDING RULES AND REGULATIONS FOR ALL PARKS AND OTHER AREAS MAINTAINED AND OPERATED BY THE VILLAGE OF KEY BISCAYNE RECREATION DEPARTMENT AS WELL AS hHL BEACHES AND OCEAN AREAS AVAILABLE TO THE PUBLIC IN 1'HE INCORPORATED AREA OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SEVERABILITY, INCLUSION IN 1 HL CODE AND AN EFFECTIVE DATE The mayor opened a public hearing. There were no speakers present. Mayor Festa made a motion adopting the ordinance on first readin • The motion was seconded by Councilman Padovan and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime and Mayor Festa voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF 1HE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTIONS 28-7(1) AND 28-7 (2) OF 1'HE CODE OF KEY BISCAYNE TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The mayor opened the public hearing. There were no speakers present. Page 3 of 9 October 10, 1995 Mayor Festa made a motion adopting the ordinance on second reading. The motion was seconded by Vice Mayor Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTIONS 2-41(b) AND 2-41(e) OF 1HE CODE OF THE VILLAGE OF KEY BISCAYNE FOR THE PURPOSE OF CLARIFICATION OF IHL+ TERM. "NOTICE" USED RESPECTIVELY THEREIN; PROVIDING FOR SEVERABILITY, INCLUSION IN THF, 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 Vice Mayor Sine and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan,`Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO CONSTRUCTION NOISE; AMENDING SECTION 17-3(1) OF ME CODE OF KEY BISCAYNE REGARDING JUL HOURS PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNEC11ON WITH THE CONDUCTING OF CONSTRUCTION; AMENDING SECL'1ON 17-7 REGARDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EF'Fb.CTIVE 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 Waid. Councilman Waid offered an amendment striking Columbus Day and Presidents' Day from the holidays listed in the ordinance. The motion was seconded by Vice Mayor Sime and adopted by a Page 4 of 9 October 10, 1995 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Padovan and Sullivan voted No. The amended ordinance was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers Padovan and Sullivan voted No. 10. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF TIC VILLAGE OF KEY BISCAYNE, FLORIDA; URGING METROPOLITAN DADE COUNTY'S DEPARTMENT OF CONSUMER SERVICES TO ESTABLISH A FLAT RATE FEE STRUCTURE FOR TAXI SERVICE BETWEEN MIAMI INTERNATIONAL AIRPORT AND KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Waid made a motion adopting the resolution. The motion was seconded by Mayor Festa. Resolution 95-36 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, 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 ENTER INTO AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY FOR USE OF COUNTY SOLID WASTE MANAGEMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. At the request of the manager, Mayor Festa made a motion deferring the item. The motion was seconded by Councilman Waid and adopted by, a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed by the Council: Mayor and Councilmembers. Vice Mayor Sime discussed the adoption of a vision statement for the Village. Page 5 of 9 October 10, 1995 The mayor discussed the need for continued posting of meeting agendas at the community bulletin boards as part of the Village Council's communication goaL Councilman Padovan discussed a letter from Dade County Public Schools' Superintendent Octavio Visiedo regarding a General Education Facilities report. It was the consensus of the Council that a representative from the school board appear before the Council to provide an update regarding construction at the Key Biscayne Elementary. Councilman Padovan discussed her concerns regarding legal fees in connection with a library study. The manager and attorney answered Council inquiries regarding the matter. There was extensive Council discussion regarding the issue. Haydee Archibald, 881 Ocean Drive, addressed the Council. Village Attorney. As per the Council's request, the attorney reported on the county's permitting of solicitors on Key Biscayne. It was the consensus of the Council tharthe manager contact the county regarding their permit process for solicitors. Village Clerk. The clerk did not submit a report. Village Manager. The manager discussed the 1994-1995 Community Grants program and submitted to the Council the applications from community groups received by his office. Councilman O'Reilly called a point of order regarding the issue of charitable contributions versus grants and indicated his interpretation of the Village Charter that each application shall require a positive vote of all seven members of the Council Based on the attorney's opinion, the mayor ruled that a determination shall be made on each application. Julian Goldstein, 611 Ocean Drive, representing the Rotary Club of Key Biscayne, addressed the Council regarding the organ;7ation's request for $10,000.00 grant for the 32nd Annual Key Biscayne Art Festival. Councilman Sullivan made a motion approving the grant request. The motion was seconded. by Councilman Padovan and adopted by a 5.- 2 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilmembers O'Reilly and Waid voted No. Councilman O'Reilly made a motion making a determination that the application be considered a charitable contribution. The motion was seconded by Councilman Waid and failed on a 2 - 5 voice vote. The vote was as follows: Councilmembers O'Reilly and Waid voting Yes. Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voted No. Page 6of9 0 0 October 10, 1995 Ann Taintor, 355 Harbor Drive, representing the Cub Scouts of Key Biscayne, addressed the Council regarding the organization's request for a $2,100.00 grant. Councilman Waid made a motion approving the grant request. The motion was seconded by Vice Mayor Sime and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and. Mayor Festa voting Yes. Councilman O'Reilly voted No. Paul Froehler, 305 Galen Drive, representing the Key Biscayne Music and Drama Club, made a presentation to the Council regarding the organization's request for a $10,000.00 grant. Mayor Festa made a motion to consider the application as a charitable contribution. The motion was seconded by Councilman O'Reilly. Vice Mayor Sime made a motion to defer the matter until the meeting of November 14, 1995. The Sime motion was seconded by Councilman Sullivan and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly voted No. Irwin Podhajser, 6767 Sunset Drive, Miami, representing the Key Biscayne Presbyterian Church, addressed the Council regarding the church's request for a $10,000.00 grant. Councilman O'Reilly objected to consideration of the application based on the principle of separation of church and state. Councilman Padovan made a motion to defer consideration of the item and provide time for the attorney to review Councilman O'Reilly's objection. The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Maggie Cook, 10465 Southwest 144 Terrace, Miami, and Lee Nieblock, 1200 Crandon Boulevard, representing the Dade Heritage Trust, addressed the Council regarding the organization's request for a $10,000.00 grant. Mayor Festa made a motion approving the grant request. The motion was seconded by Councilman Padovan and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Yocelyn Galiano Gomez, assistant to the manager, participated in discussions with the Council. Village Engineer Carlos Penin made a presentation to the Council regarding the following projects: Page 7 of 9 October 10, 1995 West Mashta Bridge replacement; sidewalks; Harbor Drive (Fernwood Road to Crandon Boulevard) reconstruction; Ocean Lane Drive median reconstruction; sanitary sewers; and Crandon Boulevard curbing. The engineer and manager also discussed the findings of the Barton-Achman Traffic Study. John Rosser, 300 RedwoodLane; addressed the Council Councilman Llorente made a motion extending the meeting until 11:15 p.m. The motion was seconded by Mayor Festa and adopted by a 4 - 3 voice vote. The vote *as as ,follows: Councilmembers. Llorente, O'Reilly, Padovan, and Mayor Festa voting Yes. Councilmembers Sullivan, Wald,. and Vice Mayor Shne voted No. Councilman Sullivan made a motion approving curbing for Crandon Boulevard. The motion was seconded by Vice Mayor Sime and failed on a 2 - 5 voice vote. The vote was as follows Councilman Sullivan and Vice Mayor Sime voting Yes. Councilmembers Llorente, O"Reilly, Padovan, Wald, and Mayor Festa voted No. The manager gave a brief report regarding the progress of the Village's stormwater construction project. John. Rosser, 300 Redwood Lane, briefly addressed the Council regarding the proposed land use regulations drafted by the Building, Zoning and Planning Department The manager submitted the following informational items: monthly departmental reports; a letter from Octavo Visiedo, Dade County Public Schools, regarding general education facilities report, dated September 20, 1995; a letter from D. Ray Eubanks, Department of Community Affairs, confirnnng receipts of the Village's Master Plan, dated September 29, 1995; a letter from Michele Padovan, Florida Coastal Clean-up; regarding beach clean-up, dated. September 30, 1995; a copy of an article from the Wall Street Journal, regarding garbage dump operators, dated October 3,1995; a copy of Certificate of Accomplishment presented to Coumcilman Padovan for her successful completion of Governance Council course; and a copy of the Village Council's Goals and Objectives as adopted on October 5, 1995. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. Page 8 of 9 October 10, 1995 14. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. Approved this 1* day of c •-tom ,1995. IFAPERSON DECIDES TOAPPEAL ANY DECISION MADE BYTHE 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 TEST7MONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 9 of 9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 24, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDEWROIL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Raul Llorente, Michele Padovan, Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Councilman Hugh O'Reilly 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: The mayor requested the addition of a presentation of a proclamation as Item 9-A-1. Councilman Sullivan requested the addition of discussion regarding the Lighthouse Run as Item 9-A-4. There were no objections to the agenda changes. 5. SPECIAL There were no presentations scheduled. 6. RESOLUTIONS: There were no resolutions considered by the Council. 7. ORDINANCES: There were no ordinances considered by the Council 8. BUILDINGS ZONING AND PLANNING The following zoning hearings were heard by the Council: M witnesses giving testimony in the zoning hearings were swom in by the clerk. Hearing Number 95 -1024 -SA -01. G.B. Residences of Key Biscayne, Ifd , the applicant, 455 Crandon Boulevard, requested a non-use variance of sale and marketing signage approval for new development known as Grand Bay Residences. Building, Zoning and Planning Director John Little stated his reconnuendation for approval subject to the following conditions: (1) one sign per development not to exceed a total of one sign for each four hundred feet of linear beach frontage; (2)signs am to be placed in the Page 1 of 5 October 24, 1995 center of each parcel with a minimum of 200 feet between any 'two signs; (3) sign dimensions may not exceed a five foot height and an eight foot length; (4) signs may be supported no higher than three feet above the established grade; (5) and signs may not be installed until building permits are issued and must be removed after the issuance of a Certificate of Completion or sixteen months — whichever occurs first. Danial Kofsky, 455 Crandon Boulevard, representing the applicant, addressed the Council. The mayor opened the public hearing. There were no speakers present. After extensive discussion, Councilman Sullivan made a motion approving the request The motion was seconded by Councilman Waid. Mayor Festa, offered an amendment limiting the approval to Director Little's conditions three, four and five. The motion was seconded by Councilman Padovan and adopted on a 4 - 2 roll call vote. The vote was as follows: Councilmembers Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Sime voted No. The amended Sullivan motion was adopted on a 4 - 2 roll callvote. The vote was as follows: Councilmembers Padovan, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Sime voted No. Hearing Number 95 -1024 -VC -01. Solo Farms, Inc., the applicant, 700 South Mashta Drive, requested a non-use variance of the forty foot (40') high rooftop structure requirement to permit an open roofed structure of forty-seven point seventy-five (47.75) feet above the base flood elevation for a new residence. Director Little stated his recommendation for denial without prejudice. Maria Valis, 328 Crandon Boulevard, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. John Rosser, 300 Redwood Lane, and Edward London, 641 South Mashta Drive, addressed the Council. After brief discussion, Councilman Sullivan made a motion adopting staffs recommendation. The motion was seconded by Mayor Festa and adopted by a 6 - 0 roll call vote. The vote was as follows; Councilmembers Llorente, Padovan, Siillivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Pcge2of5 October 24, 1995 Hearing Number 95 -1024 -VC -02. A.W.L. Key Associates, the applicant, 455 Crandon Boulevard, requested an administrative development tract review for the project entitled "Grand Bay Tower and Resort Key Biscayne" and final plat approval of "Grand Bay Villas." Director Little stated his recommendation for approval. Doug Weiser, 455 Crandon Boulevard, representing the applicant, addressed the Council. The mayor opened the public hearing. There were no speakers present. Councilman Llorente made a motion adopting staffs recommendation on the administrative tract review. The motion was seconded by Vice Mayor Sime and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Sulivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion adopting staffs recommendation on the final plat approval. The motion was seconded by Vice Mayor Sime and adopted by a 6 0 roll call vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Hearing Number 95 -1010 -SA -02. John A. Catsimatidis, the applicant, 726 Crandon Boulevard, requested appruval of a multitenant center sign graphics program for the Hyde Park Shopping Center. Director Little stated his recommendation for approval subject to specified conditions. Greg Wilson, 4020 Northwest 54 Street, Coconut Creek, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. There were no speakers present. After brief discussion, Mayor Festa made a motion adopting staffs recommendation subject to the applicant completing construction of the wall at the rear of the property and that the air conditioning units be screened. The motion was seconded by Councilman Llorente and adopted by a 5 -1 roll cr211 vote. The vote was as follows- Councilmembers Llorente, Padova', Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid voted No. Page 3 of 5 October 24, 1995 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor Festa presented a proclamation to the clerk recognizing his recent election as president of the Dade County Municipal Clerks' Association and proclaiming October 24, 1995 as Guido Inguanzo Day. Councilman Padovan discussed the purchase of holiday ban ets for the Crandon Boulevard light poles. Councilman Llorente made a motion waiving competitive bids for the purchase of the banners. The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Padovan discussed the Building; Zoning and Planning Department's ,Alcoholic Beverage License study. Director Little addressed the Council. By consensus, the Council agreed to further discuss the matter at a future meeting. The councilman also briefly discussed the depaitinent's draft of the proposed Land Development Regulations, Director Little answered Council' inquiries regarding the proposed regulations. John Rosser, 300 Redwood Lane, addressed the Council. Councilman "Sullivan discussed a request by the Lighthouse Rim Committee for use of the Village Green, on November I1, 1995, for thestart and: finish of the race. By consensus, the Council approved the request. The manager provided an update on Dade County construction projects on Crandon Boulevard and Harbor Drive. The attorney gave a brief update on the. Village's litigation against Dade County on the issue of (`'lusa Park. By consensus, the Council directed that staff review the county's Crandon Park master plan and prepare a report of items: affecting the community. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council. 11. SCHFDUI.E OF FITIURE MEEDNGS: A schedule of future meetings was presented to the Council and public. 12. : The meeting was adjourned at 9:25 pm Page 4 of 5 October 24, 1995 Approved this Rik day of PJ -( , 1995. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTE( CONSIDERED AT A MEETING OR 11EAIUNG, THAT PERSON WILL NEED A RECORD OF TIIE PROCEEDINGS AND, FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF ME PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE IESTTMONY AND EVIDE ICE UPON WHTCHTHE APPFAL IS TO BE BASED Page 5 of 5 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 14, 1995 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, Raymond Sullivan (arrived at 7:10 p.m.), John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfinan. 2. INVOCATION: Finance Director Jack Neustadt 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 October 5, 1995, the minutes of the regular meeting of October 10, 1995, and the minutes of the special meeting of October 24, 1995 were adopted by unanimous consent. 5. AGENDA: Mayor Festa submitted the following informational items: a letter from Ana Maria Caballero, Haagen-Dazs Shop, regarding vending on the Village Green, dated October 30, 1995; a letter from Barbara Throne, United States Department of Justice, regarding a benefit for the victims of the Oklahoma City federal building bombing, dated November 2, 1995; and a letter from Rafael Rivas-Vasques, a Village resident, regarding volunteer work in security matters, dated November 7, 1995. Vice Mayor Sime requested the addition of discussion regarding construction in the Village as Item 11-A-4. Councilman Padovan requested the addition of discussion regarding flooding problems on Galen Drive as Item 11-A-5_ There were no objections to the agenda changes. 6. SPECIAL PRESENTATIONS: Don Murray, representing the Key Biscayne Community Center, Inc. organization, made a presentation to the Council of a check in the amount of $27,855.72 to be used for the construction of a community center pursuant to the stipulations of Resolution 95-33. Page 1 of 11 November 14, 1995 A presentation by Sandra Goldstein, the Village's resource volunteer, regarding a Key Biscayne beach study, was deferred. John('asagrande, district manager and vice president of Browning -Ferris Industries of Florida, the Village's solid waste contractor, made a presentationto the Council regarding the terms of an interlocal agreement with Metropolitan Dade County for use of the county's solid: waste management system. Mr. Casagrande also answered inquiries from the Council regarding the Village's solid waste and recycling program. Mayor Festa made a motion to hear Item 11 -D -1-a, regarding a grant request by the Key Biscayne" Presbyterian Church, at the conclusion of the special presentations. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote • The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes. Victor Alonso, supervisor of the Dade County Public Schools' Office of Capital Improvement Projects, made a presentation to the Council regarding the renovation cif the Key Biscayne Elementary School. David Johnson, the architect on the project, also participated m the discussions with the Council. Bonnie Cooper, 77 Crandon Boulevard, and Bill Ofgant, 512 Femwood Road, addressed the Council. Councilman Padovan, chairman of the Key Biscayne Beautification Foundation, made a presentation to the Council regarding a proposal by the organization for the landscaping of the Crandon Boulevard medians. Cecile Sanchez, a member of the organization, also participated in the discussions with the Council. It was the consensus of the Council to direct the manager to consult. a landscape architect regarding the group's recommendations and report to the Council at a future date. A presentation by Doug Weiser, president of the Grand Bay Resort and Residences, regarding the Grand Bay project, was defered. At this time, the Council heard Item 11 -D -1-a concerning a grant request by the Key Biscayne Presbyterian Church: The Key Biscayne Presbyterian Church requested a grant in the amount $10,000.00 for the purchase of equipment for the youth ministry. The attorney advised the Council that Florida constitutional law prohibits the allocation of monies from the public treasury for aid of religious organizations. Page 2 of 11 November 14, 1995 Councilman Llorente made a motion awarding the grant request. The motion was seconded by Councilman Padovan. The following citizens addressed the Council: Rev. John Crimmons, 60 Harbor Drive, representing the church; Mortimer Fried, 291 Harbor Court; Greg Han, 685 Curtiswood Drive; Bonnie Cooper, 77 Crandon Boulevard, representing the Key Biscayne Athletic Club; Amy O'Neill, 200 Hampton Lane; Erin Feinberg, 3240 Matilda Street, Miami; Irwin Podhajser, 290 Greenwood Lane, representing the church; Sidney Cooper, 170 Ocean Lane Drive; Jeremy Diehl, 50 Ocean Lane Drive; Nancy Stoner, 620 Mashta Drive; James O'Neil, 200 Hampton Lane; Ian Thomas, 721 Allendale Road; Ana Catarajano, 200 Cypress Drive; and Giovanni Casa, 650 Ocean Drive. After extensive discussion, the Llorente motion failed on a 1 - 6 voice vote. The vote was as follows: Councilman Llorente voting Yes. Councihnembers O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voted No. 7. PUBLIC COMMENTS: Elena Cora, Pedro Gomez and Jose Lopez, residents of 251 Galen Drive, addressed the Council regarding flooding problems on Galen Drive properties created by construction at the Grand Bay development site. Building, Zoning and Planning Director John Little answered Council inquiries regarding this matter. At this time, Doug Weiser, of the Grand Bay Resort and Residences project, 455 Grand Bay Drive South, made a presentation to the Council regarding the project. 8. PUBLIC HEARINGS: The following item was discussed: All witnesses giving testimony in the following zoning hearing were sworn in by the clerk. Hearing Number 95 -1114 -VC -01. Key Biscayne Bank and Trust Company (SunBank Key Biscayne), 95 West McIntyre Street, the applicant, requested approval of uniform sign graphics criteria for a multitenant center and a monument sign for the SunTrust Bank. Director Little stated his recommendation for approval subject to specified conditions. Bob Brookes, 95 West McIntyre Street, representing theapplicant, addressed the Council. The mayor opened the public hearing. There were no speakers present. Page 3of11 November 14, 1995 Mayor Festa made a motion adopting staffs recommendation. The motion was seconded by Councilman Waid and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. 9. ORDINANCES: The clerk read the following ordinance; on first reading, by title: AN ORDINANCE OF THE VILLAGE OF. KEY BISCAYNE, FLORIDA; AMENDING SECTION 2.03 OF lilt CHARTER OF 1'iiE VILLAGE OF KEY BISCAYNE REDUCING 'i'IE TERM OF COUNCILMEMBERS FROM FOUR YEARS TO TWO YEARS; PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CHARTER ANI) AN EFFECTIVE' DATE. The mayor opened a public hearing. The following residents addressed the Council: Sidney Cooper, 170 Ocean Lane Drive; Mortimer Fried, 291 Harbor Court, Bonnie Cooper, 77 Crandon Boulevard; and Jim'Iianey, 472 Glenridge Road Vice Mayor Sime made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Waid and adopted by a 4 - 3 roll call vote. The vote, was as, follows: Councilmembers Llorente, Sullivan, Waid, and Vice Mayor Sime voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voted No. Councilman Waid made a motion scheduling the ordinance for second hearing on January 9, 1996. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote: The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF 1HE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION; REPEALING APPLICABLE PROVISIONS OF THE CODE OF METROPOLITAN DADE COUNTY REGARDING PARKS AND RECREATION; ADDING A NEW CHAPTER TO THE VILLAGE OF KEY BISCAYNE REGARDING RULES AND REGULATIONS FOR ALL PARKS AND OTHER AREAS MAINTAINED AND OPERATED BY THE VILLAGE OF KEY BISCAYNE RECREATION DEPARTMENT AS WELL AS 1 HE BEACHES AND OCEAN AREAS AVAILABLE TO 1'HE PUBLIC IN 1'HIi INCORPORATED AREA Page 4 of 11 0 D 0 7,7 November 14, 1995 OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The attorney presented an alternate ordinance which incorporated the rules outlined in Exhibit A of the ordinance adopted on first reading as part of Section 2 of the alternate ordinance. The alternate ordinance also included the addition of the following language in Rule 13: "0,1 No person or persons shall engage in any organized or pick-up athletic events games. practice for same, or exercise. such as football. baseball, softball, soccer volleyball. utilizing a substantial portion of any park or recreation area without written permit of the Recreation Department. said permit to clearly define the nature of the activity. the limit of its scope and time and setting forth such other restrictions and requirements as the Recreation Department may deem necessary." Councilman O'Reilly made a motion adopting the alternate ordinance on second reading. The motion was seconded by Councilman Padovan. Councilman Llorente offered an amendment to Rule 9 as follows: in arms or running at large, dogs in particular bcing excluded, and provisions of Metropolitan Dadc County Dog Control Ordinance No. 58 28 [Sections 5-3 5 15] shall apply to any and all park property. Park users accompanied by their domestic animals shall keep them under their supervision and control on leash. shall remove their droppings and shall be responsible for their actions. Unattended domestic animals shall not be allowed in the parks." The Llorente amendment was seconded by Councilman Waid and failed on a 3 - 4 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly and Waid voting Yes. Councilmembers Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting No. Councilman O'Reilly offered an amendment to Rule 7(g) as follows: "No fires shall be built by any person against or adjacent to any park building, structure, tree or plant or near the property of others or in any area of any park except in such areas as are specifically designated for fire building, i. a,ALA any park aye.. .,r. , Ly highway, r„u.l-.,ro6ect aLait:ng -Lunt:Sao z AL. -say." Page 5 of 11 November 14, 1995 e O'Reilly amendment was seconded by Councilman Waid and adopted by a 5 - 2'voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes. Councilman Sullivan and Vice Mayor Sime voted No. O'Reilly requested that a scriveners error in Rule 10 be corrected as follows; "Using the fountains, bays or any other bodies of water within the parks, storm sewers or drains flowing into them as dumping places for any substance or matter et -this which will or may result in the pollution of said waters is prohibited." Mayor Festa offered an amendment to Rule 12 as follows; "No person, persons, organization or firm other than the Recreation.Department or rcgularly persons acting by and under the authority of the Village of Key Biscayne will expose or offer for sale, rent or trade, any article or thing, or station or place any, stand, cart, or vehicle for the transportation, sale or'display of any article or merchandise. within the limits of any park or recreation area: The Festa amendment was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows. Councilmembers Llorente, O'Reilly, Padovan, Sullivan,' Waid, Vice Mayor Sime;'and Mayor Festa voting Yes. Councilman O'Reilly offered an amendment striking "speeches" from the title of Rule 13_ The O'Reilly amendment was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows; Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly offered an amendment to Rule 15 as follows: "Rule 15. Drunkenness/violation of laws. No intoxicated person or person whose conduct is in violation of state and local laws will be permitted envy to parks or recreation areas and if discovered therein will be ejected forthwith." The O'Reilly amendment was seconded by Vice Mayor Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waal, Vice Mayor Sime, and Mayor Festa voting Yes. Page 6of11 0 November 14, 1995 Cecilia O'Reilly, 475 Allendale Road, addressed the Council. The ordinance, as amended, was adopted by a unanimous roll call vote, The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion extending the meeting until 11:30 p.m. The motion was seconded by Councilman Padovan and adopted by a 4 - 2 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes. Councilman O'Reilly and Vice Mayor Sime voted No. Councilman Waid was absent during the vote. 10. RESOLUTIONS: The following resolutions were considered by the Council: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING 1 HE MAYOR TO EXECUTE AN AGREEMENT WITH 1'HE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-37 was adoptedby a 5 1 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly voted No. Councilman Waid was absent during the vote. The clerk read the following resolution by title: A RESOLUTION OF 1'HE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH 1'HE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 95-38 was adopted by a 6 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid was absent during the vote. The clerk read the following resolution by title: Page 7of11 November 14, 1995 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, ON BEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY, TO RECEIVE A COMMUNITY DRUGS AND CRIME PREVENTION PROGRAM GRANT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution, The motion was seconded by Vice Mayor, Sime. Resolution 95-39 was adopted by a 6 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, OReilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Waid was 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 ENTER INTO AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY FOR USE OF COUNTY SOLID WASTE MANAGEMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. The manager recommended the adoption of the resolution. After extensive discussion, there was no Council action' 11. REPORTS AND RECOMMENDATIONS: The following matters were discussed: Mayor and Councilmembers. Pursuant to Section 2.02 of the Village Charter, an election was held for the vice mayor's seat. Councilman Llorente nominated Councilman Waid. The nomination was seconded by Councilman Sullivan. Councilman Waid nominated Councilman Llorente: The nomination was seconded by Vice Mayor Sime. Voting by ballot, the Council elected Councilman Waid to serve as vice mayor. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting for Councilman Waid. Councilman Waid and Vice Mayor Sime voting for Councilman Llorente. Page 8 of 11 November 14, 1995 Councilman Llorente discussed the status of the manager's discussions with the Key Biscayne Bank (SunTrust Bank) regarding the Village's interest in purchasing the land adjacent to the Village Green as per the Council's motion of May 23, 1995. Councilman Llorente made a motion authorizing the Village Manager to present a bona fide contract for purchase agreement of $3.5 million, with a time limit for acceptance, to SunTrust Bank for the purchase of their property from the Village Green to West McIntyre Street. The motion was seconded by Councilman Padovan. The following citizens addressed the Council: Julie Alvarez, 234 Seaview Drive; Bill Ofgant, 512 Femwood Road; Jim Haney, 472 GIenridge Road; and Bonnie Cooper, 77 Crandon Boulevard. After extensive discussion, the Llorente motion failed on a 2 - 5 vote. The vote was as follows: Councilmembers Llorente and Padovan voting Yes. Councilmembers O'Reilly, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voted No. Mayor Festa made a motion extending the meeting until 12:00 midnight. The motion was seconded by Councilman Sullivan and failed on a 3 - 4 voice vote. The vote was as follows: Councilmembers Llorente, Sullivan and Mayor Festa voting Yes. Councilmembers O'Reilly, Padovan, Sime, and Vice Mayor "Waid voted No. Councilman Padovan made a motion to reconsider the previous question. The motion was seconded by Mayor Festa 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 motion extending the meeting until 12:00 midnight was adopted by a 4 - 3 voice vote. The vote was as follows: Cotmcilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes. Councilmembers O'Reilly, Sime and Vice Mayor Waid voted No. The Council resumed its discussions regarding land acquisition from the Key Biscayne Bank. Councilman Sullivan made a motion directing the manager to have the bank property adjacent to the Village Green and the Crandon Boulevard/McIntyre Street property adjacent to the Emergency Services Complex appraised. 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. Mayor Festa made a motion to reconsider the previous question. The motion was seconded by Councilman Llorente and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. Councilman Sullivan and Vice Mayor Waid voted No. Page 9 of 11 November 14, 1995 Mayor Festa made a motion adopting -the Sullivan appraisal motion with an added provision to include an appraisal of the Key Biscayne Bank Building. The motion was seconded by Councilman O'Reilly and adopted by a 5 - 2 voice vote. The vote was as follows; Councihnembers Ilorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes. .Stouncilmart Sullivan and Vice Mayor Wad voted No. Julian' Goldstein, 611, Ocean Drive, representing the Rotary Club of Key Biscayne, petitioned the Council for use of the Village Green on January 27 and 28; 1996 as the site of club's annual art festival. Councilman O'Reilly made a motion approving the club's request subject to a site plan being provided to the Villageand that the club coordinate the activity with the Recreation Department. The motion was seconded -by Councilman Wald 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 Sime made a motion approving use of the Village Green for the Winterfest event, sponsored by the Village and the Key Biscayne Chamber of Commerce, on December 3, 1995. 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. Vice Mayor Waid made a motion approving the use of the Village Green for a "Concert on the Green," sponsored by the Grand Bay Resort and Residences, on December 10, 1995. The motion was seconded by Mayor Festa an& adopted, by a 6 - 1 voice vote. The vote was as. follows: CouncimembersUorente, O'Reilly,Sime ' Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman Padovan voted No. Richard Cifuentes, representing the Key Biscayne Music and Drama Club, made a presentation to the Council regarding the organization's request for a grant from the Village. The Council deferred a decision on the grant request until its meeting of Decembers, 1995. The Council -rescheduled the meeting of November 30, 1995 taDecember 5,1995. The attorney's report, the clerk's reportand the manager's report were defer cd until themeeting of December 5, 1995. The manager submitted the following informational items to the Council: the monthly departmental reports; a letter from Sheldon Pivkik, Dade County Public Works Department, regarding the MAST Academy/Rickenbacker Causeway traffic; signal, dated October 3, 1995; a letter from Nicholas Mansbach, Dade Marine Institute, regarding beach clean-up, dated, October 16, 1995; a Page Idof11 0 0 November 14, 1995 memorandum from the Administrative Assistant to the Fire Rescue Chief, regarding C.P.R. class enrollment, dated October 18, 1995; a letter from Michael McDaniel, Florida Department of Community Affairs, regarding the Village's master plan, dated October 20, 1995; a letter from Robert Maggs, a Village resident, to Jeffrey Bunting, Dade County Aviation Department, regarding aircraft noise, dated October 21, 1995; a memorandum from the Village Manager, regarding sidewalk construction program, dated October 24, 1995; a copy of a press release from the Miam i- Dade Water and Sewer Department, regarding construction in the Village, dated October 27, 1995; a letter from the Village Attorney, regarding Ocean Club's dedication of property to the Village, dated October 31, 1995; a memorandum from the Village Manager, regarding stormwater improvement program informational door hangers, dated November 3, 1995; a memorandum from the Assistant to the Village Mans • er, regarding 1995 Employee Development Plan, dated November 6, 1995; a memorandum from Joan Gill Blank, Village resident. regarding Village Green Ceiba (Kapok) trees, dated November 7, 1995; and a memorandum from the Assistant to the Village Manager, regarding neighborhood trash station, dated November 8, 1995. The meeting was adjourned at 12:10 a.m. Approved this J 2 day of a Clad"' ,1995. lage C1- k IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED AT A MEETING OR HEARING, 1HAT 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 11 of 11 sEW MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 5, 1995 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 Councilmembeis Hugh O'Reilly, Michele Padovan (arrived at 9:20 p.m.), Betty Sime, Raymond Sullivan (arrived at 7:10 p.m.), Vice Mayor John Waid, and Mayor John Festa. Councilman Raul Llorente 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. AGENDA: The mayor requested that Item 4 -C -3-d-1, regarding the bus route report, be the first order of business. There were no objections. 4. ORDER OF BUSINESS: The mayor made a presentation regarding the bus route study proposing alternatives to the current service provided on Village streets by the Metro -Dade Transit Agency. Mario Falcon and Bob Pearsall, of the Metro -Dade Transit Agency, addressed the Council. The following residents addressed the Council regarding the proposed relocation of the bus route: Roberto Decespedes, 188 West Mashta Drive; Fran Vacarro, 260 West Mashta Drive; Ward Rathbone, 275 West Mashta Drive; Bernard Lauredo, 286 West Mashta Drive; Lou Vacarro, 260 West Mashta Drive; Garver Wilson, 609 Ocean Drive; Alain de Grelle, 176 West Mashta Drive; Michael Bracken, 224 West Mashta Drive; and Henny Becker, 290 West Mashta Drive. It was the consensus of the Council to further study the matter and that Councilman Sullivan and staff meet with county officials to determine feasible options available to the Village. Page 1 of 4 December 5, 1995 The Council discussed the continued development of the Village's parks. Michael Kracauer, a Village resident, made a presentation to the Council regarding his proposed development plan for the Village Green. Village Planner Raul Lastra and Building, Zoning and Planning Director John Little addressed the Council regarding proposed improvements for the Village Green and submitted to the Council for consideration a "Village Green Management Plan." The following residents addressed the Council regarding the Village; Green: Mortimer Fried, 291 Harbor Court Cecile Sanchez, 260 Cypress Drive; Conchita Suarez, 201 Crandon Boulevard; Wendy Wood, 275 HamptonLane; and Camile.Guething, 260 Seaview Drive, The planner and Director Little also made a brief presentation regarding the Village's ocean -front park. Bill Cole, 580 Fernwood Road and Haydee Archibald, 881 Ocean Drive, addressed the Council regarding the ocean -from park. The attorney addressed the Council regarding the Village's pending lawsuit concerning the Dade County Crandon Park master plan. The attorney presented to the Council a settlement offer from the county regarding provisions relating to Calusa Park. The clerk read a statement by Councilman Raul Llorente dated November 29, 1995. The following residents addressed the Council: Mortimer Fried, 291 Harbor Court; Richard Cifuentes, 14880 Southwest 156 Street, Miami- Don Sackrider 155 Ocean Lane Drive; Camille Guething, 260 Seaview Drive; and Haydee Archibald, 881 Ocean Drive. Loren Matthews, the Recreation Department's pro_ am coordinator, also addressed. the Council. After extensive discussion, Councilman O'Reilly made a motion directing the attorney to proceed with the lawsuit. The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Page 2 of 4 December 5, 1995 The following items were deferred from the Council's November 14, 1995 meeting: The attorney presented a copy of draft ordinances considered in the past by the Council regarding the regulating of solicitors. The clerk submitted a schedule of the Council's 1996 meetings and announced the implementation of the Village's World Wide Web page and Internet address (http://vkb.key-biscayne.fl.us). The mayor announced that he will schedule a town meeting for January 30, 1996. The Council considered a grant request by the Key Biscayne Music and Drama Club. Richard Cifnentes, representing the organisation, addressed the Council. Mayor Festa made a motion approving a $10,000.00 grant to the Key Biscayne Music and Drama Club. The motion was seconded by Councilman Sime and failed by a 3 - 3 voice vote. The vote was as follows: Councilmembers O'Reilly, Sime and Mayor Festa voting Yes. Councilmembers Padovan, Sullivan and Vice Mayor Wald voted No. Mayor Festa made a motion extending the meeting until 11:30 p.m. There was no second to the mayor's motion. 5. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. 6. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. Page 3 of 4 3 December 5, 1995 Approved this i r dayof Jam" ° ` ,1996 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 1HE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS ISMADE, 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, DECEMBER 12, 1995 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 7:10 p.m. Present were Councilmembers Hugh O'Reilly, Michele Padovan, Betty Sime (arrived at 7:35 p.m.), Raymond Sullivan, Vice Mayor John Waid, and Mayor John Festa. Councilman Raul Llorente was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Father Robert Libby, of the St. Christophers-by-the-Sea Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: The minutes of the meeting of November 14,1995 were adopted by unanimous consent. 5. AGENDA: Vice Mayor Waid requested that Item 10-A-2, concerning fire prevention code enforcement, be heard as the first item of the agenda. Mayor Festa requested that the Village Engineer be permitted to make a presentation to the Council, regarding public works projects, upon his arrival. Councilman Padovan requested the addition of discussion, concerning a report from the Dade League of Cities, as Item 10-A-3. Councilman O'Reilly requested the addition of discussion, regarding a petition for relief for resident James Aldrich, as Item 10-A-4. The mayor recognized the residents of Woodcrest Lane for their holiday decorations on the Village street tees. Councilman O'Reilly requested a moment of silence in remembrance of resident Mereda Johnson who recently passed away. At this time, Fire Rescue Chief William Huddleston made a presentation to the Council and public regarding the Fire Rescue Department's fire prevention code enforcement program. The chief discussed the South Florida Fire Prevention Code and its impacts on the condominiums in the Village. Page 1 of 6 December 12, 1995 The following residents addressed the Ceuta' regardingthe'chiefs presentation: Judith Janofsy, 150 Ocean Lane Drive; Shirley Brill, 550 Ocean Drive; Mortimer Fried, 291 Harbor Court; Juan Lumier, 150 Ocean Lane Drive; Dorothy Jenkins, Towers; Joe Ostroksy, 200 Ocean Lane Drive; and Cristina Reeve, 200 Ocean Lane Drive. After extensive discussion, it was the consensus of the Council that the attorney be directed to study the matter and report to the Council at a future e meeting regarding options available to the Village. 6. SPECIAL PRESENTATIONS:. Sandra Goldstein, the Village's beach resource. volunteer, and James:Decocg, of the University of Miami's Rosenstiel School of Marine and Atmospheric Science,(RSMAS), made a presentation to the Council regarding the establishment of an internship position at RSMAS to serve as a beach renounshment advisor for the Village. Councilman O`Reilly made a motion approving the concept and payment of administrative costs related to the program. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. The Council held discussions regarding the Village's cable television system. Lynn Whisenhunt, general manager of Adelphia Cable Communications, addressed the Council regarding his company's franchise agreement. Emmet Schwartzman, 101 Ocean Lane Drive, addressed the Council. Mario Goderich, coordinator of Dade County's Consumer Services Department Office of Cable Televisioncoordination, also participatedin discussions with the Council. PUBLIC COMMENTS: There were no speakers present. 8, ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VII ,AGE OF KEY BISCAYNE,FLORIDA, IMPLEMENTING PROCEDURES OUTLINED BY ME 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. Page 2 of 6 0 December 12, 1995 Councilman O'Reilly made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Padovan and adopted on by a 4 - 2 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilmembers Sime and Sullivan voted No. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO THE KEY BISCAYNE COMMUNITY CENTER, INC. FOR THEIR CONTRIBUTION OF $27,855.72; RECOGNIZING THE EFFORTS OF DON IVIURRAY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 95-40 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. At this time, Village Engineer Carlos Perrin made a presentation to the Council regarding the proposed reconstruction of Harbor Drive (between Crandon Boulevard and Fernwood Road). The manager was directed to notify property owners affected by the proposed plan. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers Councihnembers Padovan and Sime presented the Council with a report of their activities at the National League of Cities' conference in Phoenix, Arizona. Councilman Padovan announced that she had been appointed to the environmental and over- crowded schools committees of the Dade League of Cities. Councilman O'Reilly discussed providing relief for James Aldrich, at eighty percent Village participation, for construction of a sewer connection for the property at 596 Fernwood Road. Building, Zoning and Planning Director John Little and Village Engineer Penin addressed Council inquiries. The Council directed staff to review alternatives available to the property owner. James Aldrich, 596 Fernwood Road, addressed the Council. Village Attorney. The attorney reported that his office filed a lawsuit, on behalf of the Village, against Dade County, in matter of the Crandon Park master plan. The Council scheduled an executive session for Monday, December 18, 1995, at 6:00 p.m., to further discuss the matter. Page 3 of 6 December 12, 1995 Village Clerk. 'the clerk submitted a copy of the -mayor's proclamation declaring December 2, 1995 as "Oman Club Day." Village Manager. The manager discussed the stormwater construction project on Ocean Lane Drive and the subsequent resurfacing options for the road Linda Bell, of Williams, Hatfield and Stoner, the Village's stormwater master plan consultant, addressed Council concerns regarding the Ocean Lane Drive, Holiday Colony and Sunrise Drive stormwater construction projects. The manager provided a brief update on the Basins:1 - 8 project on the west side of the island. The manager submitted appraisal reports, completed by Quinlivan Appraisal, regarding the Key Biscayne Bank (SunTrust) property and building located adjacent to the Village Green and the property located at the southwest comer oldie intersection of'Crandon Boulevard and West McIntyre Street. The Council concurred to discuss the matter at theJanuary 9, 1996 meeting; The manager submitted proposals from U.S. Lawns, Miami, Florida, and Pesky Critters, Miami, Florida, regarding animal control provisions for the Village: 4 Mayor Festa made a motion authorizing the manager to enter into ail agreement with U.S. Lawns on a month to month basis. The motion was seconded by Councilman Sime and adoptedby a 5 1 voice vote. Councilmembers Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Councilman O'Reilly voted No. The manager submitted a report regarding the drainage at the Grand Bay Resort and Residences project. The manager submitted the following informational items:. monthly departmental reports; a letter from Roberto Smith, Codina-Bush Klein Oncar International, regarding 200 Crandon Boulevard property, dated November 2, 1995; a letter from Stephen Gauthier, Government Finance Officers Association, regardmgcertifcate of Achievement for Excellence in Financial Reporting; dated November 7,1995; a memorandum from the Fire Rescue Chief, regarding flag protocol, dated November 16, 1995; a letter from Jose Gomez, Florida Department of Transportation, regarding Crandon Boulevard lighting project, dated November 20, 1995; a memorandum from Cecilia Villoria, CAT_ Engineering Consultants, Inc_,; regarding West Mashta Drive bridge, dated November 21, 1995; a letter from Sheila Rushton, Metro -Dade County Consumer Services Department, regarding flat rate; for taxi service between the airport and Key Biscayne, dated November 27, 1995; a letter from the Village Manager to condominium managers, regarding • a solid waste collection survey, dated November 29, 1995; a letter from Bert Fonts, Island Breakers Condominium, regarding Ocean Lane Drive medians, Page4of6. December 12, 1995 dated November 30, 1995; a memorandum from the Building Official, regarding Miami -Dade Water and Sewer Department's sewer studies, dated November 30, 1995; a letter from Congresswoman Ileana Ros-Lehtinen, regarding the post office facility, dated November 30, 1995; a letter from Julian Goldstein, Rotary Club of Key Biscayne, regarding art festival, dated December 4, 1995; a letter from Howard Bardsley, Spray Pro Lawn and Ornamental Services, regarding Kapok trees on Village Green, dated December 4, 1995; a memorandum from Cecilia Villoria, C.A.P. Engineering Consultants, Inc., regarding sanitary sewer feasibility study, dated December 5, 1995; a letter from the Village Attorney, regarding proposed dock at 360 Harbor Drive; dated December 6, 1995; a copy of the Department of Business and Professional Regulation's Construction Licensing Board newsletter dated Fall 1995; a copy of the Key Biscayne Chamber of Commerce's monthly report to the Village. dated November 1995; a copy of a public notice from the Metro -Dade Animal Care and Control regarding spay and neuter clinic; and a copy of Notice to Proceed from the Florida Department of Environmental Protections for foundation piles and grade beams for Grand Bay development site. Councilman Sullivan requested that a resolution be drafted for the Council's next meeting commending the Finance Department and the Office of the Village Manager for earning the Achievement for Excellence in Financial Reporting for the third straight year. 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 11:05 p.m. Page 5 of 6 December 12, 1995 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 RECORD OF iHL PROCEEDINGS AND, FOR SUCHPURPOSE, MAYNEED TO ENSURE THAT VERBATI M 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 MONDAY, DECEMBER 18, 1995 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, 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 Stephen Helfinan. Prior to discussing the Village's proposed land use regulations, the Council considered the following matters: Lighting for the Village Green Councilman Padovan made a motion awarding a contract to South Dade Electric Supply, Inc. Miami, Florida, in the amount of $25,138.50, for the purchase of light poles for the -Village Green, and awarding a contract to Interior Electric, Inc., Miami, Florida, in the amount of $39,985.00, for the installation of the poles on 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, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes. Curbing for Ocean Lane Drive Councilman Padovan made a motion awarding a contract to Homestead Concrete, Homestead, Florida, in the amount of $18,608.00, for the installation of curbing on Ocean Lane Drive. 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 Planner Raul Lastra and Building, Zoning and Planning Director John Little made a presentation to the Council regarding the proposed land use regulations for the Village. The Council scheduled a workshop meeting for Thursday, January 11, 1996, at 7:00 p.m., to provide the public with an opportunity to discuss the proposed regulations. Pagel oft: December 18, 1995 The meeting was adjourned at 9:00 p.m. Village C erk Approved this 1 day of J of."" +` ,1996.. 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 TIM PROCEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICHTHE APPE4L IS TO BE BASED. Page 2 of 2