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HomeMy Public PortalAbout10-10-95 Regular Council Meeting.tifMINUTES 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 meetmg 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 Wald, Vice Mayor Betty Some, 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 repealmg Ordmance 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 Supenntendent Octavo Visiedo, as Item 11-A-3 The councilman also requested discussion of legal fees m 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-Fems Industries of Flonda, the Village's sold waste and recycling services contractor, was deferred Page 1 of 9 October 10, 1995 7 PUBLIC COMMENTS Sandra Goldstein, 611 Ocean Dnve, representmg the Sands Condominium, addressed the Council regarding the Ocean Club project Ms Goldstein presented a copy of an agreement between the condominium and THSP Associates, the developer of the project, regarding the development of the Ocean Club property Carlos Santamana, 199 Ocean Lane Drive, addressed the Council regarding the need for a roller rink for 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 Dnve, Ivette Thomas, 159 East Emd Drive, Greg Han, 685 Curtiswood Dnve, and Irwin Podhajser, 6767 Sunset Drive, Miami The Council requested a report and recommendation from the administration on the matter 8 PUBLIC HEARINGS All witnesses giving testimony m the following heanngs were sworn -m by the clerk Zoning Heanng 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 Building, 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 Sime made a motion approving the multitenant sign age 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 Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Wald voted No Zoning Heanng 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, representmg 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 bnef 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, Waid, Vice Mayor Sure, and Mayor Festa voting Yes 9 ORDINANCES The clerk read the following ordmance, on first readmg, by title AN ORDINANCE OF THE 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 THE BEACHES AND OCEAN AREAS AVAILABLE TO THE PUBLIC IN THE INCORPORATED AREA OF THE VILLAGE OF KEY BISCAYNE, PROVIDING SEVERABILITY, INCLUSION IN THE 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 reading 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 Sure and Mayor Festa votmg Yes The clerk read the following ordmance, on second readmg, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTIONS 28-7(1) AND 28-7 (2) OF THE 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 ordmance 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 THE CODE OF THE VILLAGE OF KEY BISCAYNE FOR THE PURPOSE OF CLARIFICATION OF THE TERM "NOTICE" USED RESPECTIVELY THEREIN, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The mayor opened the public hearing There were no speakers present Mayor Festa made a motion adopting the ordinance 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 ordmance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO CONSTRUCTION NOISE, AMENDING SECTION 17-3(f) 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 PENALTIES FOR VIOLATIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The mayor opened the public hearing There were no speakers present Mayor Festa made a motion adopting the ordinance 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 m the ordinance The motion was seconded by Vice Mayor Sine 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 THE 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 defemng the item The motion was seconded by Councilman Wand and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wand, 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 meetmg 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' Supenntendent 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 m connection with a library study The manager and attorney answered Council mquines regardmg the matter There was extensive Council discussion regardmg the issue Haydee Archibald, 881 Ocean Dnve, addressed the Council Village Attorney As per the Council's request, the attorney reported on the county's permittmg of solicitors on Key Biscayne It was the consensus of the Council that the 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 chantable 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 attomey'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 organization'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 chantable 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 Wald voting Yes Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voted No Page 6 of 9 October 10 1995 Ann Taintor, 355 Harbor Dnve, representmg the Cub Scouts of Key Biscayne, addressed the Council regarding the organization's request for a $2,100 00 grant Councilman Wald 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, Wand, 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, Wand, Vice Mayor Sime, and Mayor Festa voting Yes Councilman O'Reilly voted No Irwin Podhajser, 6767 Sunset Dnve, 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, Wand, Vice Mayor Same, and Mayor Festa voting Yes Maggie Cook, 10465 Southwest 144 Terrace, Miami, and Lee Nneblock, 1200 Crandon Boulevard, representing the Dade Hentage 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, Wand, Vice Mayor Same, and Mayor Festa voting Yes Yocelyn Galnano Gomez, assistant to the manager, participated m discussions with the Council Village Engineer Carlos Perim made a presentation to the Council regarding the following projects Page 7 of 9 October 10, 1995 West Mashta Bndge 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 Redwood Lane, 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 was as follows Councilmembers Llorente, O'Reilly, Padovan, and Mayor Festa votmg Yes Councilmembers Sullivan, Waid, and Vice Mayor Sime 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 votmg Yes Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voted No The manager gave a bnef report regarding the progress of the Village's stormwater construction project John Rosser, 300 Redwood Lane, bnefly addressed the Council regardmg 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, confirnung receipts of the Village's Master Plan, dated September 29, 1995, a letter from Michele Padovan, Flonda Coastal Clean-up, regardmg beach clean-up, dated September 30, 1995, a copy of an article from the Wall Street Journal, regardmg garbage dump operators, dated October 3, 1995, a copy of Certificate of Accomplishment presented to Councilman 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 meetmgs 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 t`i' day of ,1995 Village Cle IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 9 of 9