Loading...
HomeMy Public PortalAbout1994.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 11, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 6:10 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Steve Helfman, and Master Plan Consultant Robert Swarthout. Mayor Festa announced that this meeting was a continuation of the public hearing of December 13, 1993. The master plan consultant was directed to make specified changes to the proposed document. The Council briefly discussed Policy 1.1.5 (Capital Improvements). Michael Kahn, 881 Ocean Drive, Martha Broucek, 170 Ocean Lane Drive, and Sidney Cooper, 170 Ocean Lane Drive, addressed the Council. Percy Aguila, the Village's financial advisor, also addressed the Council. Councilman Sime made a motion amending the policy by deleting "debt shall not exceed 1.5 percent of total assessed valuation." The motion was seconded by Councilman Sullivan and adopted by a 5 - 2 vote. -The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Llorente and Waid voted No. It was the consent of the Council to further address the matter at future meetings. Village Attorney Helfman presented the following resolution for the Council's consideration: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE TRANSMITTAL OF THE PROPOSED VILLAGE OF KEY BISCAYNE, FLORIDA MASTER PLAN PURSUANT TO THE PROVISIONS OF THE LOCAL GOVERNMENTAL COMPREHENSIVE FLAWING AND LADED DEVELOPMENT REGULATION ACT; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco and Mayor Festa voting Yes. Councilman Waid voted No. Page 1 of 2 January 11., 1994 The meeting was adjourned at 7:15 p.m. Approved this 2 day of a^^^"'''x`` , 1994 Village lark Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY M Ar!1zw CONSIDERED AT A MEETING OR IM ARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, .FOR SUCH PURPOSE, MAY NEED 21O ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TIM TESTIMONY AND EVIDENCE UPON WHICH no APPEAL TS 210 BE BASED, Page 2 of 2 0 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 11, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. ROLL CALL/CALL TO ORDER: The meeting was called to order by Mayor Festa at 7:20 p.m. Present were,Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Anne Owens, President of the Islander News, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OFMINUTES: Councilman Fried made a motion adopting the minutes of the special meeting of December 13, 1993 and the minutes of the meeting of December 14, 1993, as submitted. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried,-Llorente, Sime., Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 5. AGENDA: Mayor Festa requested the addition of items relating to the Zoning Code Review Committee (Item 9-A-10) and discussion regarding a one percent bed tax (Item 9-A-11). Councilman Sullivan made a motion approving the changes to the agenda. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 6. ORDINANCES: The clerk read the following ordinance; on first reading, by title: AN ORDINANCE OF THE VILLAGE OF -KEY BISCAYNE, FLORIDA; AMENDING THE 1993-1994 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. After brief discussion, Councilman Fried made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried; Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 1 of 5 January 11, 1994 The clerk announced that the ordinance will be on second reading at the meeting of January 25, 1994. 7. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING WALT DISNEY WORLD FOR HOSTING MICKEY'S WORLDWIDE KIDS PARTY; COMIENDING WALT DISNEY'S DAVID CROSS FOR HIS EFFORTS ON BEHALF OF THE VILLAGE; PROVIDING FOR AN „miner VE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Vice Mayor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes. 8. BUILDING AND ZONING: There were no applications heard by. the Council. Mayor Festa recognized John Little -- the Village's new Building, Zoning and Planning Director. 9. REPORTS AND RECOMMENDATIONS: The following .items were discussed: Mayor and Councilmembers. Mayor Festa discussed the parking situation on East Enid Drive. The clerk read a letter from Ana Maria Bond, 109 East Enid Drive, stating her support for prohibiting parking on the south side of that street. The Council extensively discussed the matter and requested that the attorney study the issue. Shirley Brill, 881 Ocean Drive, addressed the Council. Councilman Llorente made a brief presentation regarding the Building, Zoning and Planning Department' Advisory Committee. It was the consent of the Council, that the committee be terminated on February 8, 1994. The mayor, with consent af the Council, appointed the following residents to the committee: Jose Ortega; Jorge Mantilla; Henry Ovares; Carol Martinez; Conchita Suarez;, Bonnie Clayton; and Garver Wilson. Councilman Sime commended the Police Department's D.U.I.. program. Councilman Sullivan requested Council approvalofclosure of certain traffic lanes on Crandon Boulevard during the "Family Fitness Weekend" on May 21st and 22nd at the request of Exclusive Sports Marketing. Councilman Sullivan made a motion approving, the request. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote.' The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan; Waid,'Vice Mayor Rasco, and Mayor Festa voting Yes. Page 2 of 5 0 0 January 11, 1994 Councilman Sullivan gave an update on the activities of the School Advisory Committee. Michele Padovan, 465 Grapetree Drive, addressed the Council. Vice Mayor Rasco discussed the raccoon problem at St. Agnes School. Mr. Cooper and Conchita Suarez, 201 Crandon Boulevard, addressed the Council. Vice Mayor Rasco also gave an update on discussions with Dade County regarding potential sites for playing fields. The vice mayor discussed the landscaping project at the library site. He requested that the manager discuss with Vila and Sons, the street tree program contractor, the possibility of donating landscaping materials for the site. The Council agreed to schedule a town meeting on January 22nd. Mayor Festa gave an update on the work of the Zoning Code Review Committee. He stated that the committee will present its recommendations at the Local Planning Agency and Village Council workshop on January 15th. Vilt age Attorney. Attorney Weiss discussed a proposed ordinance regarding the regulation of vessels, waterways and beaches. The Council briefly discussed the ordinance. Ms. Suarez and Darrell Nicholson, 769 Allendale Road, addressed the Council. The attorney also gave an update on the Lipton lawsuit settlement and the Calusa Park lease. The attorney also advised the Council that a closing on the tree farm property has been scheduled for January 21, 1994. Village Clerk. The clerk made a brief presentation regarding his annual report for 1993-. Village Manager. The manager and Village Engineer Carlos Penin made a presentation regarding the parking problem at the post office facility. It was the consent of the Council to provide curbing at the site to prevent further parking on the swale in that area. The manager gave an update on the Village's beautification program. Mayor Festa made a motion awarding a bid to Horizon Contractors, Miami, Florida, for Ocean Drive improvements, in An amount not to exceed $55,215.00, and awarding a bid to Vila and Sons, Hialeah, Florida, for landscaping in connection with the. Ocean Drive improvements, in an amount not to exceed $60,000_00. The motion was Page 3 of 5 January 11, 1994 seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The managerpresented a draft of. the Village's grant application form. The Council discussed the application and requested that the manager make changes to the form." The Council also directed the attorney to draft an ordinance clarifying the differences between a charitable contribution and a grant, Manager Kissinger gave an update on pending grants. The manager also gave an update on the Key Biscayne Elementary School athletic fields and basketball courts. Mayor Festa made a motion rejecting the sole bid received in response to the Village's advertisement for the installation of two basketball courts at the school. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager discussed the on -going development of the Emergency Services Complex. At the request of the manager, the Council scheduled a public forum on Saturday, March 5th, to discuss a master plan for the tree farm property. The manager advised the Council that a presentation, regarding the proposed VORTAC facility on Virginia Key, will be made at the meeting of February 8, 1994. The following informational items were provided for the review of the Council: monthly departmental reports; monthly financial statement; an article, from Quality Cities, dated December 1993, regarding Florida City Government Week, a letter from Scott Miller, dated December 6, 1993, regarding the 1992-1993 fiscal year audit of the Key Biscayne. Athletic Club; a letter from Brian Flynn, of Dade's Environmental Resources Management, dated December 7, 1993, regarding groin pilings; a letter from Robert Brooks, of the Key Biscayne Bank, dated December 10, 1993, regarding the bank's new parking lot; a letter from Chuck Blaine, of Adelphia Cable Communications, dated, December 13, 1993, regarding live transmission of Council meetings; a public notice from the clerk of county courts, dated December 13, 1993, regarding an ordinance relating to a tourist development room tax; a letter from Edward Guedes, of the Village Attorney's office, dated December 14, 1993, regarding the regulation of basic cable rates;, a memorandum from. Susan Gregorie, Page 4 of 5 January 11, 1994 Economic Development Director, dated December 15, 1993, regarding bicycle and pedestrian paths; letters from Jeffrey DeCarlo, the Village's bond counsel, dated December 16, 1993, regarding the acquisition of the tree farm property and cancellation of a line of credit; a letter from alfred Ravelli, president of the Towers of Key Biscayne, dated December 17, 1993, regarding beach maintenance; a letter from Percy Aguila, the Village's financial advisor, dated December 21, 1993, regarding acquisition of the tree farm property; a memorandum form Carlos Penin, the village Engineer, dated December 29, 1993, regarding local drainage improvements; an article from the Miami Herald, dated January 2, 1994, regarding Florida's tree grant program; a memorandum from Williams, Hatfield & Stoner, the stormwater sewer master plan consultant, dated January 4, 1994, regarding an update .on the project; and a letter. from Robert Barron, of Coastal Management and Consulting, dated January 5, 1994, regarding the dune management project. The Council discussed several of the informational reports. 10. COMMITTEES: There were no committee reports submitted to the Council. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings and events was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 10:00 p.m. Approved this 2514 day of Village , 1994 Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA'1nk CONSIDERED AT A MEETING OR FEARIZVG, 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, wznai RECORD. =ZEES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 5 of 5 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA SATURDAY, JANUARY 15, 1994 KEY BISCAYNE ELEMENTARY SCHOOL 150 WEST MCINTYRE STREET The meeting was called to order by Mayor Festa at 9:25 a.m. Present were Councilmembers Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, and Mayor John Festa. Councilman Mortimer Fried and Vice Mayor Joe Rasco were absent. Also present was Village Clerk Guido Inguanzo. Mayor Festa made a brief presentation regarding the final report of the Zoning Code Review Committee. The committee's report, which was transmitted to the Council by the Local Planning Agency, included the following proposed ordinance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY ADDING CHAPTER SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A SCHEDULE OF REGULATIONS FOR BUILDING BEIGHT, WALL HEIGHT, FRONT SETBACKS, REAR SACKS, SIDE SETBACKS., LOT COVERAGE, FLOOR AREA. RATIOS AND PERVIOUS AREAS; PROVIDING REGULATIONS FOR PARKING AND DRIVEWAYS, LOT ELEVATION, DRAINAGE BUFFERS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND SCREEN ENCLOSURES, ROOFTOP STRUCTURES AND OVERHANGS, FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. The following committee members participated in a slide presentation to the Council and public: Deborah Neve; Wilfredo Borroto; Deborah Deleon; and Jorge Mantilla. The following residents addressed the Council: Cliff Brody, 180 Harbor Drive; Conchita Suarez, 201 Crandon Boulevard; Martha Broucek, 170 Ocean Lane Drive; Frank Colescott, 462 Ridgewood Road; Bruce Cuthbertson, 635 Allendale Road; Garver Wilson, 609 Ocean Drive; Cecilia O'Reilly, 475 Allendale Road; Tony Caneo, 151 Crandon Boulevard; James Brewster, 500 North Mashta Drive; Steve Simon, 335 Harbor Lane, Carlos Coto, 310 Harbor Court; Stephanie Brown, 452 Glenridge Road; Servando Parapar, 245 Cypress Drive; Lilibeth Warner, 320 West Enid Drive; Benny Becker, 290 West Mashta Drive; Bill Ofgant, 512 Fernwood Road; and Hugh O'Reilly, 475 Allendale Road. Page 1 of 2 January 15, 1994 After brief Council discussion, Mayor Festa made a motion directing the clerk to advertise the ordinance on first reading. The motion was seconded by Councilman Waid. Councilman Sine offered an amendment to the Festa motion requiring that the Council further review the ordinance at its January 25th meeting and, at that time, determine the date for the first hearing. The Sime amendment was seconded by Councilman Sullivan. After further discussion,Councilman Sime withdrew her amendment and Mayor Festa withdrew his motion. The Council scheduled a workshop session for Monday, January 24, 1994, to further discuss, the matter. Mayor Festa made a motion directing the Village Attorney to prepare a final draft of the ordinance for first reading on Tuesday, February 1, 1994. The motion was seconded by Councilman Llorente and adopted by a unanimous roll call' vote. The motion was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Mayor Festa made a motion dissolving the Zoning Code Review Committee. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. There being no further business, the meeting was adjourned at 1:30 p.m. .Approved this ZS``' day of J a"^"^" C» , 1994 Village e Mayor IF A 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 WEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED 110 ENSURE THAT A. VERBATIM RECORD OF THE PROCEEDINGS IS MADE, MUCH RECORD INCLTmWS THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS 210 BE BASED Page 2 of 2 0 0 MINUTES VILLAGE COUNCIL "TOWN" MEETING VILLAGE OF KEY BISCAYNE, FLORIDA SATURDAY, JANUARY 22, 1994 KEY BISCAYNE ELEMENTARY SCHOOL 150 WEST MCINTYRE STREET The meeting was called to order by Mayor Festa at 9:20 a.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan (arrived at 9:35 a.m.), John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. Mayor Festa welcomed residents to the town meeting and opened the floor for discussion. Tim Stickney, 285 Woodcrest Drive, representing the Chamber of Commerce, requested that the Council consider approving funds for the production of a brochure promoting Key Bisdayne. Claudia Windisch, 321 Beechwood Drive, and Ed Meyer, 100 Sunrise Drive, also addressed the Council on the matter. Helen White, 241 East Enid Drive, stated her concern regarding the county's master plan for Dade County. Martha Broucek, 170 Ocean Lane Drive, discussed the work of the Village's School Advisory Committee. Bill Ofgant, 512 Fernwood Road, addressed the Council on a series of matters. Garver Wilson, 609 Ocean Drive, made an inquiry regarding the Village's beautification program, as well as proposed sanitary and stormwater sewer projects. Michele Padovan, 425 Grapetree Drive, requested that the Council study the possible installation of solar -powered lighting on Village streets. Mary Schulman, 1121 Crandon Boulevard, discussed the development of the V.M.S. property. Shirley Brill, 550 Ocean Drive, stated that a sign at the entrance of the Village advertising public meetings would enhance participation. Page 1 of 2 January 22, 1994 Frank Colescott, 462 Ridgewood Road, inquired about the live telecast of Council meetings, Linda Davitian, 720 Myrtiewood Drive, addressed the Council on a series of issues. Darrell Nicholson, of the Islander News, made an inquiry regarding the Village's proposed waterways ordinance. There being no further business, the meeting was adjourned at 12:15 p.m. Approved this Vt day of tLe erk 1994 village Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A .RECORD OF THE PROCEEDINGS AND, .FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WATCH TIRE APPEAL IS TO BE BASED. Page 2 of 2 0 M I NUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, JANUARY 24, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 7:15 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, Vice Mayor Joe Rasco, and Mayor John Festa. Councilman John Waid was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve He-fman. The Council discussed the following ordinance: AN ORDINAL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY ADDING CHAPTER , SUPPLEMENTAL DISTRICT'REGOLATIONS FOR SINGLE: FAMILY DEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A SCHEDULE OF REGULATIONS FOR BUILDING HEIGHT, TALL HEIGHT, FRONT SETBACKS, REAR SETBACKS, SIDE SACKS, LOT COVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA PROVIDING REGULATIONS FOR PARKING AND DRIVEWAYS, LOT ELEVATION, DRAfl E BUFFERS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND SOLAR PALLS, BOAT STORAGE, DECKS, POOLS AND OVERHANGS, FENCES AMID'WNALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND AN rarr,CTIVE DATE. The following residents participated in discussions with the Council: Dana Granados, 663 Ridgewood Road; Eduardo Chamorro, 784 Woodcrest Road; John Rosser, 300 Redwood Lane; Mark Fried, 360 Glenridge Road; Deborah Deleon, 250 Galen Drive; Bill Ofgant, 512 Fernwood Road; Deborah Neve, 180 Harbor Drive; Roberto Cambo, 670 South Mashta Drive; Ed Alfonso, 711 South Mashta Drive; Carlos Coto, 310 Harbor Court; and Jamie Kirkpatrick, 628 Fernwood Road. There being no further business, the meeting adjourned at 11:25 p.m. day of Fes""' """ , 1994 V122age Clerk Mayor IF A PERSON DECIDES FS TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAlrEW CONSIDERED AT A MEETING OR BEARnQG, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR suay PURPOSE, MAY DEED TO ENSURE THAT A VERBATIM RECORD OF THE PROVENN S IS MADE, WHICH RECORD INCLUDES TIE TESTIMONY AND 'EVIDENCE UPON WHICH MT APPEAL IS TO BE BASED MINUTE. S SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 25, 1994 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 Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam 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 MTNITTES: Mayor Festa made a motion approving the minutes of the special meeting of January 11, 1994, the minutes of the regular meeting of January 11, 1994 and the minutes of the workshop meeting of January 15, 1994, as submitted. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 5. AGENDA: Mayor Festa requested the addition of discussion regarding traffic circulation (Item A-6) and a landscaping committee and ordinance (Item A-7). Councilman Sime requested the addition of discussion regarding a promotional brochure (Item A-8) and grocery carts (Item A-9). Councilman Llorente requested the addition of discussion regarding zoning hearings (Item A-10) and tax assessments (Item A-11). Councilman Sullivan requested the addition of discussion regarding the Village's proposed waterways ordinance (Item 10-B-3). Vice Mayor Rasco requested the addition of discussion regarding the Village's financial policy (Item A-12) Mayor Festa made a motion amending the agenda to include the above referenced matters. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 6. PUBLIC COMMENTS: Camille Guething, 260 Seaview Drive, addressed the Council regarding activities of the Recreation Department. Page 1 of 6 January 25, 1994 Charles Bailey, 338 West Heather Drive, also addressed the Council regarding the various programs of the Recreation Department. Cecile Sanchez, 260 Cypress Drive, discussed the landscaping program at the public library. 7': ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING TEE 1993-1994 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN hier'r:CTIVE DATE. The manager made a brief presentation regarding the ordinance and proposed amendments. Mayor Festa opened the public hearing: There were no speakers present. Mayor Resta made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Fried and adopted by a unanimous roll call vote. The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes. 8. RESOLUTIONS: There were no resolutions considered by the Council. 9. BUILDING AND ZONING: There were no zoning applications heard by the Council. 10. REPORTS AND RECOMMENDATIONS: The following reports were submitted: MAYOR AND COUNCILMRMBRRS. Councilman Llorente requested a Council workshop to be scheduled for Tuesday, March 1, 1994, regarding discussion and clarification of specified charter sections. It was the consent of the Council to schedule the workshop for said date at 6:00 p.m. Martha Broucek, 170 Ocean Lane Drive, addressed the Council on the, matter. Councilman Llorente briefly discussed the landscaping program at the public library. Councilman Llorente updated the Council on the work of the Building, Zoning and Planning Department Advisory Committee. Page 2 of 6 T January 25, 1994 Councilman Sullivan gave an update on the progress of the School Advisory Committee. It was the consent of the Council that Bill Ofgant be appointed to serve on that committee. The Council discussed a petition by the Gardens of Key Biscayne Condominium Association regarding parking on East Enid Drive. Helen White, 241 East Enid Drive, Michele Padovan, 425 Grapetree Drive, Shirley Brill, 550 Ocean Drive, and Ms. Guething addressed the Council. Mayor Festa briefly discussed traffic circulation as it relates to the Crandon Park master plan. Ms. White, Mr. Ofgant and Ms. Broucek addressed the Council. Vice Mayor Rasco made a motion directing the manager and attorney to contact county officials and inform them of the Council's opposition to the rotaries and overpass elements of the plan. The motion was seconded by Councilman Llorente. Mayor Festa offered an amendment limiting opposition to the overpass. The amendment was seconded by Councilman Sime. The amendment was adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Llorente; Sime, Waid, and Mayor Festa voting Yes. Councilmembers Fried, Sullivan and Vice Mayor Rasco voted No. The amended Rasco motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The mayor discussed the creation of a landscaping committee. It was the consent of the Council that Councilman Sime serve as chairman of the committee. Councilman Sime discussed the development of a brochure by the Economic Development Department promoting Key Biscayne. Economic Development Director Susan Gregorie addressed the Council. Tim Stickney, 285 Woodcrest Road, representing the chamber of commerce, spoke in support of the brochure. Robert Fraser, 19252 Northwest 88 Place, Miami, also spoke in support of the item. Conchita Suarez, 201 Crandon Boulevard, spoke in opposition to the Village funding such a brochure. Councilman Sullivan made a motion allocating up to $20,000.00 to fund the production of the brochure. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The votewas as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 3 of 6 January 25, 1994 Councilman Sullivan requested to hear Item 10-D-6 at this time. The manager presented a request by St.: Agnes Catholic Church for permission to hold its annual festival.Mayor Festa made a motion granting St. Agnes Catholic Church, 122 Harbor Drive, permission to hold its annual festival the, weekend of February 4, 5 and 6, 1994. Approval includes waiving any and all fees and allowingfor the temporary installation of banners on said property. The motion was seconded by Vice Mayor Rasco and adopted by a unanimous voice vote: The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. At this time, it was the consent of the Council to hear Item 10- D-7 regarding the 1993-1994 quarterly budget review of the Recreation and Economic Development departments. There was extensive discussion by the Council regarding future reports. Ms. Broucek and Ms. Suarez addressed the Council_ Recreation Director Laurie Tessler also addressed the Council. Mayor Festa made a motion instructingstaff to return at a future date with a greater detailed budget report to include a line -item breakdown of events. The motion was seconded by Councilman Waid and was adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Fried and Sime voted No. Councilman Sime discussed the problem of grocery carts removed from the grocery stores and abandoned in different locations throughout the island. The manager addressed the issue. Ms. Padovan and Ms. Brill addressed the Council. Councilman Llorente stated that the Council should hold its zoning hearings on a night separate from the regular Council meeting night-. The manager recommended one legislative meeting and one zoning meeting every month_ Councilman Fried made a motion directing the manager to schedule a legislative meeting for the second Tuesday of each month and a zoning meeting for the fourth Tuesday of each month -- allowing the manager flexibility to schedule additional legislative items during the zoning meeting. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Llorente briefly discussed tax assessments. Page 4 of 6 January 25, 1994 Vice Mayor Rasco requested that the manager prepare a presentation regarding the Village's financial policy for the meeting of February 8th. VILLAGE ATTORNEY. The attorney made a brief presentation regarding the Village levying a tourist bed tax. The attorney addressed Councilman Sullivan's concern regarding the Village's jurisdiction in regulating waterways in relation to the proposed ordinance on that issue. VILLAGE CLERK. The clerk announced that Mayor Festa had proclaimed February 5, 1994, as Mackie Day, recognizing the contributions to the community by the Mackie brothers. VILLAGE MANAGF;R. The manager and Village Engineer Carlos Penin made a presentation regarding a parking plan for the post office facility. Councilman Sullivan made a motion adopting the engineer's proposal. The motion was seconded by Vice Mayor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The engineer also gave an update on the construction of basketball courts at the Key Biscayne Elementary School. Councilman Llorente made a motion authorizing the Village Manager to negotiate a contract, with a Dade County contractor, in an amount not to exceed $30,000.00, for the construction of two basketball courts at the elementary school. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The manager gave an update on the Village's beautification program. The manager presented to the Council a draft of the proposed grant program application form. There was extensive discussion regarding the adoption of a grant policy. The manager requested Council approval of the following vacation schedule: February 22 - 25, 1994, November 21 - 23, 1994 and December 23, 1994 - January 3, 1995. Mayor Festa made a motion Page 5 of 6 January 25, 1994 approving the request. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager gave an update on grant proposals, approvals and other pending projects. The manager submitted the following informational reports for the consideration of the Councils memorandum from Recreation Director, regarding bulletin board at Winn Dixie, dated January 19, 1994; a letter to Anthony Greco, from the, Building, Zoning and Planning Department, regarding code violations, dated January 19, 1994; memorandum from Building, Zoning and Planning Director, regarding department schedule, dated January 14, 1994; reply of Adelphi,a Cable Partners,!L.P., regarding Dade County's response to petition, dated January 12, 1994; letter from Jeff Krell, president of Key Biscayne Shopping Center Merchants Association, regarding annual Christmas tree lighting, dated January 10, 1994; letter from Percy Aguila, the Village financial advisor, regarding land acquisition revenue bonds, dated January 10, 1994; letter from Allen Eagle, Metro -Dade Tax Collector Division, regarding convention and tourist tax, dated December 7, 1993,• :a copy of the 1993 final milage chart for Dade County municipalities. 11. OTRE2 BUSINESS/GENERAL rascusSION: There was no further business discussed. 12. SCHEDULE OF FUTURE NEEMINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 11:45 p.m. Approved this gt day of fc9 \A -4--Y y , 1994 Village erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAnlac CONSIDERED AT A MEETING OR BARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, rare TO ENSURE THAT .A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, MEECi RECORD INCLUDES THE TESTIMONY AID EVIDENCE UPON WHIM THE APPEAL IS TV BE BASED. Page 6 of 6 0 0 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 1, 1994 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 6:30 p.m. Present were Councilmembers Mortimer Fried (arrived at 7:05 p.m.), Raul Llorente (arrived at 7:10 p.m.), Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco (arrived 7:15 p.m.), and Mayor John Festa. Also present were Village Manager Sam Kissinger; Village Clerk Guido Inguanzo and Village Attorney Steve Heitman. 2. AGENDA: There were no changes to the agenda. 3. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF REY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY ADDING CHAPTER , SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAKELY DEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A SCHEDULE OF REGULATIONS FOR BUILDING FIGHT, Vi9LL HEIGHT, FRONT SETBACKS, REAR SETBACKS, SIDE SETBACKS, LOT COVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS FOR PARKING AND DRIVEKAYS, LOT ELEVATION, DRAINAGE BUFFERS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND OVERHANGS, FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. A video tape of the Zoning Code Review. Committee's presentation to the Council, at the workshop meeting of January 15, 1994, was played for the benefit of the residents present. Building, Zoning and Planning Director John Little addressed the Council with his recommendations regarding the ordinance. Mayor Festa opened the public hearing. The following citizens addressed the Council: David Adler, 4180 Ventura Avenue, Miami; Katherine Slavins, 301 Palmwood Lane; John Rosser, 300 Redwood Lane; Lee Worley, 524 Glenridge Road; Bruce Cuthbertson, 635 Allendale Road; Ted Slavins, 301 Palmwood Lane; Bill Ofgant, 512 Fernwood Road; Ed Alfonso, 711 South Mashta Drive; Michele Page 1 of 3 February 1, 1994 Padovan, 425 Grapetree Drive; Eduardo Chamorro, 784 Woodcrest Road; Steve Simon, 335 Harbor Lane; Henny Becker, 290 West Mashta Drive; Servando Parapar, 240 Cypress Drive; Dana Granados, 663 Ridgewood Drive; Paul Averitte, 360 Ridgewood Drive; Lilibeth Warner, 320 West Enid Drive; and Stephanie Brown, 452 Glenridge Road. Village Engineer Carlos Penin addressed the Council regarding drainage issues relatingto the ordinance. Councilman Sime made a motion continuing the first readingof the ordinance to Tuesday, February 15, 1994, at 7:00 p.m. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan,. Waid,Vice Mayor Rasco, and Mayor Festa voting Yes. 4. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF. THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING ITS DESIRE TO ACCEPT A $100,000.00 GRANT FROM TBE FLORIDA DEPARTME6TT OF ENVIROI iTAL PROTECTION, LAND AMID WATER CONSERVATION FUND PROGRAM AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE PROPER DOCUMENTATION TO TBE NATIONAL PARK SERVICE FOR FINAL APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Waid. Resolution 94-3 was adopted by a unanimous voice vote: The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VELA MAISAGER TO ENTER INTO A HURRICANE ANDREW URBAN REFORESTATION GRANT MEMORANDUM OF AGREEMENT WITH TEE STATE OF FLORIDA, DEPARTMENT OF. AGRICULTURE AND CONSUMER SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Councilman Waid. Resolution 94-4 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 5. OTHER BUSINESS: Councilman Fried made a motion awarding a bid to Ebsary Foundation Company, Miami, Florida, in an amount not to Page 2 of 3 0 0 February 1, 1994 exceed $16,000.00, for the fire apparatus building foundation. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Waid made a motion awarding a bid to Robert Holland, Miami, Florida, in an amount not to exceed $15,000.00, for photography services in relation to the production of the Challenge Grant brochure. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sullivan requested that a workshop be held to discuss the Council's policies, goals and objectives. It was the consent of the Council to schedule the workshop for Tuesday, February 22, 1994, at 6:00 p -.m. The workshop originally scheduled for March 1, 1994, was re -scheduled also for the evening of February 22nd. 6. ADJOURNMENT: There being no further business, the meeting was adjourned at 11:35 p.m. Approved this Village i{ day of �. , 1994 Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA11r:K CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL AEED A RECORD OF THE PROCEEDINGS AND, FOR SUCK PURPOSE, MAY DEED TO ENSURE TEATA VERSATIM RECORD OF fl PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE T'ESTThflNY AND EVIDENCE UPON WHICH TIM APPEAL IS TO BE BASED. Page 3 of 3 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FRPRUARY 8, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CAL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid (arrived at 7:15 p.m.), and Mayor John Festa. Vice Mayor Joe Rasco was absent. Also present were Village Manager Sam 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: Mayor Pasta led the Pledge. 4. APPROVAL OF MINUTES: Councilman Fried made a motion approving the minutes of the town meeting of January 22, 1994, the minutes of the workshop meeting of January 24, 1994, the minutes of the special meeting of January 25, 1994, and the minutes of the special meeting of February 1, 1994, as submitted. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 5. AGENDA: Mayor Festa requested the addition of discussion regarding a Dade League of Cities' request urging President Bill Clinton to schedule an upcoming meeting of hemispheric presidents in Dade County. Mayor Festa made a motion approving the change to the agenda. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes. 6. ORDINANCES: The clerk read the following ordinance, on first reading, by title:. Page 1 of 7 February 8, 1994 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $1,000,000 00; PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL; PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL. REVENUES; PROVIDING FOR THE EXECUTION' OF DOCUMENTS; AUTHORIZING FURTHER OFFICIAL ACTION; SPECIFYING GOVERNING LAW; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. The manager made a presentation regarding the ordinance. After brief discussion,..Councilman Fried made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Sime and adopted by a 4 - 2 roll call vote,. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Mayor Festa voting Yes. Councilmembers Llorente and Waid voted No. 7. 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 THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sullivan made a motion adopting the resolution. The motion was seconded by Councilman Fried. Resolution 94-5 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADTHOR/ZING THE MAYOR TO EXECUTE TEE ATT CEED AGREEMENT ON BEHALF OF THE VILLAGE WITH C.A.P. ENGINEERING CONSULTANTS, INC., MIAMI, FLORIDA, FOR PROFESSIONAL ENGINEERING SERVICES FOR HOLIDAY COLONY/EAST DRIVE DRAINAGE IMPROVEMENT; PROVIDING FOR AN EFFECTIVE DATE. At the request of the manager, Mayor Festa made a motion withdrawing the resolution. The motion was seconded. by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes. 0 Page 2 of 7 February 8, 1994 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CHIDING THE ISLAND GARDEN CLUB FOR THEIR EFFORTS IN BEAUTIFYING THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 94-6 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes. 8. BUILDING AND ZONING: Hearing Number 94 -SA -1, Key Biscayne Galeria, 320 Crandon Boulevard, the applicant, requested approval of a business identification wall sign for a restaurant within a multi -tenant retail development, pursuant to Section 7 of Ordinance 93-4. Linda Brandin, representing the applicant, 'addressed the Council. Building, Zoning and Planning Director John Little stated his recommendation for approval. Mayor Festa opened the public hearing. Bill Ofgant, 512 Fernwood Road, addressed the Council. Councilman Llorente made a motion approving the application. The motion was seconded by Councilman Waid and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 9, REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilman Sine requested discussion regarding direction on a landscaping ordinance prior to establishing a landscaping committee. It was the consent of the Council to defer the creation of the committee to a future date. Councilman Sullivan gave an update on the work of the School Advisory Committee. He announced that the committee will tour the Walter C. Young Resource Center, in Pembroke Pines, on February 10th. Councilman Sullivan also announced that the committee's next meeting has been scheduled for February 15th. Page 3 of 7 February 8, 1994 Councilman Llorente updated the Council on the work of the Building, Zoning and Planning Department Advisory Committee. Mayor Festa, with Council consent, stated that, at the request of the Dade League of Cities, he will sign his name to a letter addressed to President Bill Clinton requesting his consideration in situating the upcoming Pan American Summit of Hemispheric Presidents in Dade County:, Village Attorney. The attorney reported that he has sent a letter to Dade:County Manager Joaquin Avino, at the direction of the Council, informing him of the Council's opposition to the construction of rotaries on. Crandon Boulevard through Crandon Park. The attorney stated that the title closing on the tree farm property has been scheduled for Thursday, February 10th, 5.00 p.m. The attorney addressed the Council regarding the issue of resident -only permit parking. Mayor Festa made a motion removing the "no parking" signs on East Enid Drive_ The motion was seconded by Councilman Llorente and failed on a 3 - 3 roll call vote. The vote was as follows: Councilmembers Llorente, Waid and Mayor Festa voting Yes. Councilmembers Fried, Sime and Sullivan voted No. Councilman Fried made a motion authorizing staff and the attorney to study the issue of permit -parking and, if necessary, draft an ordinance. The motion was seconded by Councilman Llorente and failed on a 3 - 3 roll call vote. The vote was as follows: Councilmembers Fried, Llorente and Mayor Festa voting Yes. Councilmembers Sime, Sullivan and Waid voted No. The attorney requested direction regarding the Village's proposed boating ordinance. Police Chief Michael Flaherty addressed the Council regarding the merits of the ordinance. The following residents addressed the Council regarding the issue: J.J. Donoghue, 820 Harbor Drive; Jose Valis, 180 Harbor Drive; Pat Kiligore, 370 Harbor Court; Sally Brody, 180 Harbor Drive; Dick Neve, 180 Harbor Drive; Jim Taintor, 355 Harbor Drive; Michele. Padovan, 425 Grapetree Drive; John Southam, 180 Harbor Drive Bill Harington, 7225 Southwest 71 Avenue, Miami, representing Concerned Boaters, Inc.; Cliff Brody, 180 Harbor Drive; Colete Dates, 180 Harbor Drive; Hugh Dates, 180 Harbor Drive, John Grabill, 210 Knollwood Drive; Joseph Curcio, 650 North Mashta Page 4 of 7 0 February 8, 1994 Drive; Darrell Nicholson, 769 Allendale Road; and Richard Oakley, 180 Harbor Drive. After brief discussion, it was the consent of the Council that no further action be taken on the matter. The attorney also reported on his office's review of deed restrictions in the single family residential area and their effects on the Village's proposed zoning code revisions. Village Clerk. The clerk presented for the Council's information a copy of the transmittal letter of the Village's comprehensive master plan sent to the state Department of Community Affairs. Village Manager. The manager introduced John Lukaszewicz, of the Federal Aviation Administration, who made a presentation regarding the construction of the VORTAC facility on Virginia Key. Jim Reilly, of the Miami Air Route Traffic Control Center, and Jeffrey Bunting, Dade County Environmental Planner, also addressed the Council. The following residents addressed the Council on the matter: Mr. Taintor; Mr. Donoghue; Ed Meyer, 100 Sunrise Drive; Robert Maggs, 155 Ocean Lane Drive; Samantha Sager, 335 Harbor Drive; Ms. Padovan; and Shirley Brill, 550 Ocean Drive. The manager gave an update on the Village's beautification program. - Village Engineer Carlos Penin gave reports on the following: the post office facility curbing project; the construction of basketball courts at the elementary school; the sanitary sewer "study; and refuse collection study. Mayor Festa made a motion awarding a bid to Encore Builders, Miami, Florida, in an amount not to exceed $51,500..00, for construction of the Fire Rescue Station structural slab (Contract #30E412A). The motion was seconded by Councilman Sime and adopted by a unanimous voice vote: The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. - Manager Kissinger provided an update on pending grant proposals, approvals and unfunded projects. Page 5 of 7 February 8, 1994 The Council briefly discussed the quarterly budget review reports of the Recreation and Economic Development departments. Bonnie Cooper, 77 Crandon Boulevard, representing the Key Biscayne Athletic Club, addressed the Council regarding the Recreation Department's budget. The manager announced that a workshop has been scheduled for Saturday, March 5, 1994, 9:00 a.m., to discuss the development of the tree farm property. The manager also stated that he and the clerk will be attending the ""Legislative Action Day" Wednesday, March 23, 1994, in Tallahassee. A forum was also scheduled for Saturday, April 16, 1994, 9:00 a.m., to discuss traffic on Key Biscayne. The manager withdrew discussion of a proposed shopping cart draft ordinance. The manager briefly reported on the st:ormwater utility. The manager submitted the following informational reports: monthly departmental reports; monthly financial statement; and a letter from Robert Calcote, 161 Crandon Boulevard, regarding Fire Rescue and Police, dated January 26, 1994. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. ` 12. ADJOURNMENT: The meeting was adjourned at 11:05 p.m_ Page 6 of 7 D February 8, 1994 Approved this S " day of M , 1994 IF A PERSON DECIDES TO APPEAL .ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MArrztt CONSIDERED AT A MEETING OR EARMG, TEAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEE TO ENSURE THAT A VERBATIM RECORD OF TBE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIONY AND EVIDENCE UPON WHICH TBE APPEAL IS TO BE BASED Page 7 of 7 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 15, 1994 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 Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, Vice Mayor Joe Rasco and Mayor John Festa. Councilman John Waid was absent. Also present were Village Manager Sam Kissinger and Village Attorney Steve Helfman. Mayor Festa announced that this meeting was a continuation of the meeting of February 1, 1994, the first reading of the following ordinance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE AGE CODE BY ADDING CHAPTER. SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A SCHEDULE OF REGULATIONS TIONS FOR BUILDING HEIGHT, WALL HEIGHT, FRONT SETBACKS, REAR SETBACKS, SIDE SETBACKS, LOT COVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS FOR PARKING AND DRIVEWAYS, LOT ELEVATION, DRAINAGE BUFFERS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND OVERFiNGS, FENCES AND WAILS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. Councilman Fried made a motion limiting public participation to thirty minutes. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes. Wilfredo Borroto, 241 Harbor Drive, and Jorge Mantilla, 465 Glenridge Road, former members of the Zoning Code Review - Committee, spoke in support of the ordinance. The following residents also addressed the Council: Oscar Rivera, 445 Woodcrest Road; Martha Broucek, 170 Ocean Lane Drive; Craig -Henry, 40 Island Drive; John Rosser, 300 Redwood Lane; Katherine Slavins,.301 Palmwood Lane; and Bill Ofgant, 512 Fernwood Road. Page 1 of 4 February 15, 1994 Attorney Heilman addressed the Council regarding the effect of deed restrictions on the proposed ordinance. Max Puyanic, 480 South Mashta Drive, addressed the Council on the matter. There was extensive discussion regarding the issue. Mayor Festa showed a video tape presentation highlighting various aspects of theordinance at homes within the Village. Councilman Fried made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Llorente Mayor Festa made a motion amending Section 1.11 by striking "on at least two (2) sides" and inserting "at least 70% open The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Llorente made a motion amending Section 1.5 by striking "center line" and inserting "face". The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes_" Mayor Festa made a motion amending Section 2 by striking "With the exception of the Harbour Point Subdivision" and "and EU-M" and adding "reflected on Exhibit "A" to this Ordinance". The motion was seconded by Vice Mayor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. There. was extensive discussion regarding height and front setbacks. Councilman Llorente made a motion amending footnote 2 by adding "Gable end walls located facing the side property line shall be permitted to comply with the minimum side setback subject to said gable ends having a maximum height of thirty feet at the top of the triangle and twenty-two feet, six inches to the base of the triangle. The width of the triangle or series of triangles shall not exceed thirty-five percent (35%) of the length of the lot at the side property line setback line. This proportion may increase in width at the ratio of one additional foot in width for each one foot in additional setback applied to the gable ends." The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 2 of 4 0 0 February 15, 1994 Mayor Festa made a motion amending footnote 3.1 by striking "five" and inserting "ten". The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Fried made a motion amending footnote 3.2 by striking "two" and inserting "five". The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Vice Mayor Rasco announced that he has arranged for a tour of the Village on Saturday, March 19, 1994, at 1:00 p.m., to research aspects of the ordinance. He invited the public to participate. Mayor Festa made a motion deleting footnote 4.1. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending footnote 4.2 by striking "no greater than 40% of the width of the lot at the 15' setback." and inserting "greater than twenty feet (20') in width, the wall height may not exceed fourteen (14') as measured from BFE (elevated) or the lowest finished floor (non -elevated)." The motion was seconded by Councilman Llorente and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes. Vice Mayor Rasco voted No. Councilman Sullivan made a motion deleting footnote 4.3. The motion was seconded by Councilman Fried and adopted by a 5 - 1 voice vote. The vote was as follows: Counciimembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco voting Yes. Mayor Festa voted No. Councilman Llorente made a motion deleting .footnote 5. The motion was seconded by Councilman Sime and adopted by a 5 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Vice Mayor Rasco voting Yes. Mayor Festa voted No. Mayor Festa made a motion amending footnote 6.1 by striking "five" and inserting "ten". The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 3 of 4 February 15, 1994 Mayor Festa made a motion amending footnote 6.2 by striking "two" and inserting"five": The motion was seconded by Councilman Sims and adopted by a unanimous voice vote. The vote was as follows Councilmembers Fried, Llorente, Sime; Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending footnote 7.2 by striking "roofed structures open on at least two "sides" and inserting "porch's. The motion, was seconded by Councilman Llorente and adopted by a unanimous, voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. There was extensive discussion regarding floor area ratio. Mayor Festa made a motion continuing the meeting to Wednesday, February 23, 1994, at 7:00 p.m. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, :and .Mayor Festa voting Yes. The meeting was adjourned at. 11:45 p.m. Approved thzs day of , 1994 Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAr. S CONSIDERED AT A MEETTNG OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCK PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TES' ' AND EVIDENCE UPON WHIG THE APPEAL IS TO BE BASED Page 4 of 4 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 22, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF S: The meeting was called to order by Mayor Festa at 6:10 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Raymond Sullivan, John Waid (arrived at 6:45 p.m.), Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. DISCUSSION': The Council discussed the following agenda items: The clerk read a statement prepared by Councilman Sime addressing various points of the workshop agenda. -Charter -- Councilman Llorente addressed the Council regarding his request for discussion of specified sections of the Village charter. Attorney Weiss made a brief presentation regarding the charter. Stuart Ames, 285 Harbor Drive, who served as legal counsel of the charter writing commission, addressed the Council. There was extensive discussion regarding Council responsibilities, duties of the manager, the budget process, and organization of the Village government. Mayor Festa made a motion calling for a five minute recess. The motion was seconded by Councilman Llorente and adopted by unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The meeting was re -convened at 7:40 p.m. The following residents addressed the Council regarding its charter discussions: Sidney Cooper, 170 Ocean Lane Drive; Martha Broucek, 170 Ocean Lane Drive; Gary Gross, 211 Island Drive; and Cliff Brody, 180 Harbor Drive. Page 1 of 4 February 22, 1994 -Goals and Objectives -- Mayor Festa passed the gavel to Vice Mayor Rasco who chaired goals and objectives segment of the meeting. Vice Mayor Rasco reviewed the goals and objectives adopted by the Council at its first workshop held on May 30, 1992. The following goals and objectives were discussed: I. SIX MONTH: A'Level ▪ PublicWorks a. sanitary sewer assessment b. refuse collection c. roads ▪ Budget Schedule/Tax Reduction - Hurricane Plan Review ▪ Communications (community) ▪ Departmental Performance Review • Land Acquisition/Use ▪ Future Park Land Policy ▪ Assessment of Facility Needs ▪ Police Visibility B Level - Fernwood/Harbor Bicycle Path Study - Beach Renourishment- - Bus Shelters C Level - Bay and Beach Access/Parking - Completion of Beautification Projects - Crandon Street Light/Traffic Light. Review II. SIX MONTH'- QNF VR'A1': 1. Land Development Code 2. Entrance Sign 3. Village Code Page 2 of 4 /ra•; February 22, 1994 ONE YEAR - TWO YEAR: 1. Construction of. Storm Sewers 2. Street Sign Plan 3. Underground Wiring 4. Boardwalk Assessment The following residents addressed the Council regarding its future goals: Mr. Brody; Conchita Suarez; 201 Crandon Boulevard; Dick Cromartie, 155 Ocean Lane Drive; Ms. Broucek; and Bill Ofgant, 512 Fernwood Road. Financial Policy -- Vice Mayor Rasco briefly reviewed the Council's adopted financial policy. Percy Aguila, the Village's financial advisor, addressed the Council. Michael Kahn, 881 Ocean Drive, addressed the Council. Councilman Waid made a motion to limit debt service in -relation to expenditures with a fifteen pe e a orney o ra t suc po icy and piebenL for public comments at a future Council meeting. The motion was seconded by Councilman Llorente and adopted,by 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. At this point, Councilman Sullivan discussed the Council's current meeting procedures. There was extensive discussion regarding the stream -lining of the meeting process. The following residents addressed the Council: Mr. Brody; Ms. Broucek; Mr. Kahn; Ms. Suarez; Mr. Ofgant; and Shirley Brill, 550 Ocean Drive. Councilman Waid made a motion limiting future Council meetings to 11:00 p.m. The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The attorney made a brief presentation regarding Robert's Rules of Order. Vice Mayor Rasco requested the scheduling of an executive session to discuss developments in relation to the Lipton litigation matter. It was the consent of the Council to schedule the session at a date to be determined by the attorney. 3. ADJOURNMENT: There being no further business, the meeting was adjourned at 11:00 p.m. Page 3 of 4 Appe this , 5- day of i 7 IL& air c* February 22, 1994 1994 Vi a Cleric Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY MIR VILLAGE corn= WITH RESPECT TO ANY MA11sk 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, PR ECE RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON' WHIM THE APPEAL IS TO BE BASED. Page 4 of 4 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, FEBRUARY 23, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OFMEMBERS: The meeting was called to order by Mayor Festa at 7:10 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. Mayor Festa announced that this was a continuation of the meeting of February 1, 1994. 2. AGENDA: There were no changes to the agenda. 3. ORDINANCES: The first reading of the following ordinance, as amended at the meeting of February 15, 1994, was continued: AN ORDINANCE OF TEE VILLAGE. OF KEY BISCAYNE, FLORIDA; AMENDING =VILLAGE CODE BY ADDING CHAPTER , SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILYDEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A SCE RULE OF REGULATIONS FOR BUILDING BEIGET, WALL HEIGHT, FRONT SACKS, REAR SETBACKS, SIDE SETBACKS, LOT COVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS FOR PARKING AND DRIVENIAYS, LOT ELEVATION, DRAINAGE BUFFERS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND OVERHANGS, FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. Mayor Festa made a motion amending footnote seven to read "Up to an additional .07 FAR is permitted for structures that are open." The Motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Sullivan made a motion limiting the Floor Area Ratio to forty percent (.40). The motion was seconded by Councilman Fried. After brief discussion, the motion failed on a 2 - 4 roll call vote. The vote was as follows: Councilmembers Fried and Sullivan voting Yes. Councilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voted No. Page 1 of 5 February 23, 1994 Mayor Festa made a,mot;ion limiting the Floor Area Ration to forty- seven percent (.47). The motion was seconded by Councilman Waid. After further discussion,` the motion was adopted on a 4- 2 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Waid, and Mayor Festa voting Yes. Councilman Sullivan and Vice Mayor Rasco voted No. Mayor Festa made a motion amending Section 3.2 to read "Parking. Parking, spaces must be paved or consist of a hard durable, dust free surface which allows safe vehicular and pedestrian. flow." The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending Section 4 to add "or pool" after the word "deck". The motion was seconded by Councilman Fried and adopted by a 6 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending Section 6.1 to change the front setback to ten feet and the side street setback to ten feet. The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote_ The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid; Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending Section 6.2 to change the front setback to ten feet and the side street setback to ten feet and add "if the equipment is, located along, any street front, it must be visually screened from the. right-of-way." The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending Section 6.3 to add "or set into the roof so that the upper roof surface abuts the side of the solar panel" after the word "right-of-ways)". The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending Section 8.2 to change the setbacks to read "6.5'". The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 2 of 5 0 February 23, 1994 Councilman Fried excused himself from the meeting at 8:45 p.m. Mayor Festa made a motion amending Section 8.3 to change the rear and interior side setbacks to read "51", deleting "ten feet (10')" and adding "8.5 feet above BFE". The motion was seconded by Councilman Llorente and adopted by a 4 - 1 voice vote. The.vote was as follows: Councilmembers Llorente, Sullivan, Waid, and Mayor Festa voting Yes. Vice Mayor Rasco voted No. Mayor Festa made a motion amending Section 9.1.1 to read "Where a structure is permitted to extend above 35' from the top of a building, that structure under no circumstances shall exceed 40' in height. Where a roofed structure is permitted (including enclosed access areas) it shall not exceed 30 of the lot size and must be setback at least'30' from the front and rear property lines and 20' from side property lines, and open on at least three sides." The motion was seconded by Councilman Llorente and was adopted by a 5 0 voice vote. The vote was as follows: Councilmembers Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Fried returned to the meeting at 9:15 p.m. Councilman Llorente made a motion amending Section 9.2 to read "No portion of a roof, including the gutter shall be permitted to extend beyond five feet (5') from the exterior wallof a building, nor may any portion of a roof overhang shall extend closer than 3.5 feet from any side property line nor 2.5' from the front or side street property line." The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Fried made a motion amending Section 10.1 by changing the front zone to twenty feet (20'). There was no second to the motion. Councilman Sullivan made a motion amending Section 10.2.1 by striking "Where the wall is located at least five feet (5') from the front property -line the height maybe increased up to eight feet (8') when the excess height is made of open railing or other material which is at least seventy-five percent (75% transparent. Arches, columns, gates and other ornamental features for these walls may extend up to ten feet (10')." The motion was .seconded by Councilman Fried and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, and Vice Mayor Rasco voting Yes. Mayor Festa voted No. Page 3 of 5 February 23, 1994 Mayor Festa made a motion amending Section 10.1 by striking "For the purpose of the following regulations, the provisions relating to the Front Zone also apply to the front 15 feet along the street side of all corner lots_" The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice; mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion that walls in the front zone, at the front psvperty line, for interior lots, be at a height, .of sixfeet, providing that the wall not exceed fifty percent of the lot frontage. If the wall exceeds fifty percent of the lot frontage, the wall may not exceed four feet, The motion was seconded by Vice Mayor Rasco and adopted on a 4 - 2 voice vote. The vote, was as follows: Councilmembers Fried, Llorente, Vice Mayor Rasco, and Mayor Festa voting Yes_ Councilmembers Sullivan and Waid voted No. Mayor Festa made a motion prohibiting chain link fences between any building and any adjacent streets... The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending Section 10.3.1 requiring that all walls between any building and side streets must be finished on all sides. The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote.. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion further amending Section 10.2.1 to state that the wall height along the front and side streets shall be limited to six feet. The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending Section 11.1.1 to read "Building and structures open on at least three sides and not exceeding fifteen feet (15'), in height:" The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Llorente made a motion amending Section 11.1.2 to strike "two feet (2')" and insert "1.5 feet". The motion was seconded by Vice Mayor Rasco and failed by a 2 - 4 voice vote. Councilman Llorente and Vice Mayor Rasco voting yes. Councilmembers Fried, Sullivan, Waid, and Mayor Festa voted No. Page 4 of 5 0 0 0 February 23,-1994 Mayor Festa made a motion amending Section 11.3 by adding "unless the roofing material is applied to a flat surface so as not to be visible from the street." The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting yes. Mayor Festa made a motion amending footnote 4.2 by striking "to the highest portion of the roof" and inserting "wall height may not exceed fourteen (14') FROM BFE". The motion was seconded by Councilman:Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Vice Mayor Rasco made a motion applying the same percentage criteria of the rear setback to the front setback (only forty percent of the building -may encroach on the fifteen feet setback). The motion was seconded by Councilman Llorente and failed on a 3 - 3 voice vote. The vote was as follows: Councilmembers Fried, Llorente and Vice Mayor Rasco voting Yes. Councilmembers Sullivan, Waid and Mayor Festa Noted No. The amended ordinance was adopted, on first reading, by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes. Vice Mayor Rasco voted No. The clerk announced that the second hearing of the ordinance will be held on Wednesday, March 9, 1994, at 7:00 p.m. OTHER BUSINESS: There was no further business discussed. ADJOURNMENT: The meeting was adjourned at 11:30 p.m. Approved this `1).1/4 day of 1994 Village ark Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAl1mtt CONSIDERED AT A MEETING OR HEARTRL THAT PERSON WILL NEED A RECORD OF THE PROCEEDIMGS ANN, FOR SUCH PURPOSE, MAY NEED TO ENSURE TEAT A VERBATIM' RECORD` OF TTY PROCEEDINGS IS . MADE, RMICH RECORD INCLUDES TE TESTIMONY AND EVIDENCE UPON WHICH TIMAPPEAL IS. TO BS BASED. Page 5 of 5 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 1, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Festa at 7:15 p.m. Present were Councilmembers Raul Llorente, Betty Sime, Raymond Sullivan (arrived at 7:30 p.m.), John Waid, and Mayor John Festa. Councilman Mortimer Fried and Vice Mayor Joe Rasco were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. Mayor Festa called the workshop to discuss Section 2 of the following ordinance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING= VILLAGE CODE BY ADDniG CHAPTER , SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A SCHEDULE OF REGULATIONS FOR BUILDING HEIGHT, WALL BEIGAT, FRONT SETBACKS, REAR SETBACKS, SIDE SETBACKS, LOT COVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS FOR PARKING AND DRIVEWAYS, LOT ELEVATION, BUFFERS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND LAR PANELS, • BOAT STORAGE, DECKS, POOLS AND OVERHANGS, FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR sEVERABILITY, AND AN EFFECTIVE DATE. Deborah Neve, 180 Harbor Drive, and Eduardo Chamorro, 784 Woodcrest Road, former members of the Zoning Code Review Committee, addressed the Council regarding floor area ratio and front setbacks. There was extensive discussion regarding these issues. The following residents also addressed the Council: Martha Broucek, .170 Ocean Lane Drive; Henny Becker, 290 West Mashta Drive; and Conchita Suarez, 201 Crandon Boulevard. Building, Zoning and Planning Director John Little discussed several aspects of the ordinance. The Council also examined the inclusion in the ordinance of larger lots. There being no further business, the meeting was adjourned at 9:50 a.m. Page 1 of 2 March 1, 1994 , 1994 IF A PERSON DEr'' 4 TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL . WITH RESPECT TO ANY MA11%3t COMIDERED AT A MEET129G 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, NB= ,RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 2 of 2 0 0 VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA SATURDAY, MARCH 5, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The workshop meeting was called to order by Mayor Festa at 9:10 a.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Vice Mayor Joe Rasco, and Mayor John Festa. Councilmembers Raymond Sullivan and John Waid were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. Mayor Festa stated that the workshop was called to discuss the potential uses of the Crandon Boulevard tree farm property. The manager made a brief presentation and introduced Roger Schluntz, dean of the University of Miami School of Architecture, who addressed the Council regarding the process by which the university will prepare proposed plans for the property. The following residents addressed the Council: Kiko Sarasua, 442 Hampton Lane; Kip Koss, 881 Ocean Drive; Mary Schulman, 1121 Crandon Boulevard; Robert Brooks, 95 West McIntyre Street; Martha Broucek, 170 Ocean Lane Drive; Jorge Portella, 654 Hampton Lane; Angie Carreno, 725 Ridgewood Road; Elaine Gross, 211 Island Drive; Bonnie Cooper, 77 Crandon Boulevard; Henny Becker, 290 West Mashta Drive; Susan Krupnick, 260 Crandon Boulevard; Anne Owens, 200 Ocean Lane Drive; Alfred Gillman, 191 Crandon Boulevard; Mary Wills, 210 Seaview Drive; and Darrell Nicholson, 760 Allendale Road. The Council discussed the following ideas and suggestions: athletic fields; new school site; passive park land; community center, and use by civic organizations. There being no further business, the meeting was adjourned at 11:55 a.m. Page 1 of 2 March 5, 1994 Approved this 2 Z day of C -^C c , 1994 Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEEITNG OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEE 2O ENSURE THAT A VERBATIM RECORD OF T1 PROCEEDINGS IS MADE, PEKE RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 8, 1994 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 Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco (arrived at 7:30 p.m.), and Mayor John Festa. Also present were Village Manager Sam 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: Mayor Festa made a motion adopting the minutes of the meeting of February 8, 1994, the minutes of the meeting of February 15, 1994, the minutes of the workshop of February 22, 1994, the minutes of the meeting of February 23, 1994, and the minutes of the workshop of March 1, 1994, as submitted. The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 5. AGENDA: Councilman Sime requested that Item 9-D-10 be heard as a Local Planning Agency item (9-A-3). Councilman Llorente requested time for Anne Owens, President of the Islander News, to make a presentation to the Council (9-A-4). Mayor Festa requested discussion regarding the clerk's schedule (9-A-5). Councilman Sime made a motion approving the agenda changes. The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Llorente requested the addition of consideration of a resolution adopting a debt policy. It was the consent of the Council to defer the matter to the Council's next regular meeting. 6. PRE-GPf'Afl0N: Roger Hernstadt, of the Dade County Public Works Department, made a presentation regarding a proposed computerization toll system for the Rickenbacker Causeway Toll Plaza. Page 1 of 8 March 8, 1994 7. ORDINANCES: 'The clerle read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $1,000,000.00 PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL; PROVIDING FOR REPAYMENT OF SAID DIDEBTEDNE.SS FROM AVAILABLE MUNICIPAL REVENUES; PROVIDING FOR , THE EXECUTION OF DOCUMENTS; AUTHORIZINGFURTHER OFFICIAL ACTON; SPECIFYING GOVERNING LAW; PROVIDING ;SEVERABILITY:AND AN EFFECTIVE DATE.., Clerk Inguanzo explained that the ordinancewas adopted on first. reading at the meeting of February 8, 1994 on a 4 - 2 vote. The Village Charter requires that this ordinance be adopted. by a five - sevenths vote. As a result, the ordinance was rescheduled for first reading. The manager made a presentation regarding the ordinance. After brief discussion, Councilman Fried made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Sime and adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes, Councilman Waid voted No. The clerk announced that the second reading will be held on April 12, 1994, at 7:00 p.m. 8. RESOLUTIONS: The .clerk read the following resolution by titled, A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT WITH METROPOLITAN DADE COUNTY FOR LANDSCAPE MAINTENANCE OF THE CAUNTI( LIBRARY FACILITY ON CRANDON BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. Cecile Sanchez, 260 Crandon Boulevard, spoke in support of the resolution. Councilman Llorente made a motion adopting the resolution_ The motion was seconded by Councilman Fried. Mayor Festa offered an amendment that the following language be inserted in Section 1: "substantially in the form attached". The amendment was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Resolution 94-7, as amended, was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 2 of 8 0 0 March 8, 1994 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO DIRECT THE UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE, CENTER FOR URBAN AND COMMUNITY DESIGN, TO UNDERTAKE A SIX WEEK STUDY RELATED TO RIGHT-OF-WAY IMPROVEMENTS; ALL FINDINGS AND CONCEPTS SHALL BE PRESENTED TO THE VILLAGE COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Vice Mayor Rasco. Resolution 94-8 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH WILLIAMS, HATFIELD & STONER, INC., MIAMI, FLORIDA, FOR PROFESSIONAL SERVICES RIMATfTG TO =HOLIDAY COLONY STORIEFRATERDRAINAGE IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 94-9 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Testa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE FEDERAL AVIATION ADMINISTRATION TO ADDRESS THE PROBLEM OF HIGH NOISE LEVELS FROM: AIRCRAFT FLYING OVER THE VILLAGE; PROVIDING FOR AN EFFECTIVE ATE. Vice Mayor Rasco made a motion adopting the resolution. The motioal was seconded by Councilman Waid. Fritz Scharenberg, 150 Crandon Boulevard, addressed the Council. Resolution 94-10 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. ,The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING MINN-DIXIE FOR THEIR COMMUNITY INVOLVEMENT AND PARTICIPATION; PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 8 March 8, 1994 Councilman Waid made a motion adopting the resolution. The motion was seconded by Councilman Llorente. Resolution 94-11 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Basco, and Mayor Festa voting Yes,, 9. REPORTS AND RECOMMENDATIONS: The following reports were submitted: Mayor and Counci,lmembers. Councilman Sullivan gave an update on the work of the School Advisory Committee. He presented a proposed concept for the'establishment of a Village center including a new school. Councilman Sullivan requested direction regarding further action of the committee. There was extensive Council discussion. The following residents addressed the Council: Federico Padovan, 425 Grapetree Drive Michele Padovan, 425 Grapetree Drive Martha Broucek, 170 Ocean Lane Drive; Susan Fox-Rosellini, 151 Crandon Boulevard; Conchita Suarez, 201 Crandon Boulevard; Patricia Gonzalez, 255 Galen Drive; Paul Gonzalez, 255 Galen Drive; Mary Schulman, 1121 Crandon Boulevard; Michael Kahn, 881 Ocean Drive and James Irl, 143 East Enid Drive. It was the consent of the Council that the attorney and Councilman Sullivan meet with Superintendent Octavio Visiedo and the school board to communicate the Village's desire to have a new school built. Councilman Llorente made a motion to hear Anne Owen's presentation at this time. The motion was seconded by Councilman Fried and adopted by a .unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice, Mayor Basco, and Mayor Festa voting Yes. Ms.' Owens, president of the Islander News, made a brief presentation requesting that the Council open the Crandon Boulevard tree farm property for use by Village residents. It was the consent of the Council that the property be cleaned as soon as possible. Councilman Llorente presented to the Council a copy of the Building, Zoning and Planning Department Advisory Committee's final report. Building, Zoning and Planning Director John Little addressed the Council. Councilman Llorente made a motion adopting Director Little's and Manager Kissinger's departmental re -organization and authorizing the implementation of the recommendations. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sime discussed future actions of the Local Planning Agency regarding the comprehensive master plan and the land development regulations. It was the consent of the Council to tentatively schedule a meeting of the Local Planning Agency for Page 4 of 8 March 8, 1994 March 22, 1994, following the scheduled zoning hearing. Mayor Festa briefly discussed the clerk's schedule and asked that the matter be reviewed at the next regular Council meeting. Village Attorney. The attorney gave a report regarding the Calusa Park environmental report. It was the consent of the Council that the Village pay for any costs associated with implementing the recommendations of the report. Village clerk. The clerk announced that Mayor Festa had proclaimed February 26, 1994 as Engineers Day. Mayor Festa made a motion that a public comments section appear on the regular Council meeting agenda each month. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Village Manager. At the request of the manager, Village Engineer Carlos Penin gave updates on the following items: the post office facility curbing; Key Biscayne Elementary School basketball courts and fields; sanitary sewer study; and refuse collection study. The manager gave an update on the beautification program. Ms. Padovan and Robert Brooks, 95 West McIntyre Street, addressed the Council. Manager Kissinger updated the Council on grant proposals, approvals and unfunded projects. A stormwater utility report was submitted to the Council. The manager reported on the costs associated with the closing on the Crandon Boulevard tree farm property. The Council discussed the manager's community assistance program application form. Councilman Waid made a motion limiting grants t no greater than $10,000.00. The motion was seconded by Mayor Festa and adopted on a 4 - 3 voice vote. The vote was as follows: Councilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Fried, Sime and Sullivan voted No. Councilman Llorente made a motion to reconsider the Waid motion. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Liorente made a motion adopting the grant application as presented by the manager. The motion was seconded by Councilman Fried. Mayor Festa made a motion amending the maximum Page 5 of 8 March 8, 1994 grant award to"$ld,000.00. The motion was seconded by Councilman Llorente and adopted by a 4 -3 voice vote. The vote was as follows: Councilmembers Llorente, Waid, Vice. Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Fried, Sime and Sullivan voted No. Vice Mayor Rasco made a motion incorporating an administrative review process to evaluate the final project. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sime. made a motion striking the word "local" and replacing it with "Key Biscayne"'. The motion was seconded by'Vice `Mayor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The Llorente motion, as amended, was adopted by a unanimous voice vote. The vote was as fbliows: Councilmembers. Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion extending the meeting to 11:30 p.m. The motion was seconded by Councilman Sullivan and adopted by a 4- 3 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, and Mayor Festa voting Yes. Councilmembers Sime, Waid and Vice Mayor Rasco voted No. Councilman Fried made a motion authorizing the purchase of a 4X4 pick-up truck. The motion was seconded by Councilman Sime and adopted on a 4 - 3 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, and Sullivan voting Yes. Councilman Waid, Vice Mayor Rasco and Mayor Festa voted No. Police Chief Michael Flaherty made a brief presentation regarding the purchase of police vehicles. Councilman Llorente made a motion approving the purchase of four police vehicles. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Fried made a motion adopting the budget schedult presented by the manager. The motion was seconded by Mayor Festa. Mayor Festa made a motion amending the schedule by adding a May 17th workshop. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The Fried motion, as amended, was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 6 of 8 0 March 8, 1994 Councilman Fried made a motion authorizing the manager to travel to the Florida City and County Management Association 48th Annual Conference. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager gave brief reports regarding beach signs and Crandon Boulevard lighting. The manager reported that Thomas Erhwan, a resident of Sunrise Drive, requested permission for the placement of plantings in the swale area. Councilman Sullivan made a motion to defer the item until such time as the Village's landscape architect has reviewed the request. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion extending the meeting for five minutes. The motion was seconded by Councilman Llorente and failed on a 2 - 5 voice vote. The vote was as follows: Councilman Llorente and Mayor Festa voting Yes. Councilmembers Fried, Sime, Sullivan, Waid, and Vice Mayor Rasco voting No. The following informational items were submitted for the consideration of the Council and public: the monthly departmental reports; the monthly financial statement; an analysis and recommendations for local regulation of activities on coastal dunes, prepared by Coastal Management and Consulting, dated March 4, 1994; a letter from Carolyn Dekle, South Florida Regional Planning Council, regarding comprehensive plan, dated February 25, 1994; a letter to resident Ed Meyer, from Recreation Director, regarding departmental activities, dated February 17, 1994; memorandum from Village Engineer Carlos Penin, regarding septic tank location, dated February 8, 1994; a letter from resident Marcel Doublier, regarding the causeway toll system, dated February 8, 1994; and the 1992 annual report of the City of Miami Fire, Rescue and Inspectiot Services Department. 10. OTHER, BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE TIN S/EVi S: A schedule of future meetings was presented to the Council and public. 12. ADJOURNMENT: The meeting was adjourned at 11:40 p.m. Page 7 of 8 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TlS VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORDOFTHE PROCEEDINGS AND, FOR Sbucrt PURPOSE, MAY A= TO ENSURE MT A. VERBATIM RECORD OF TIM PROCEEDINGS IS MADE, Prat RECORD I3.VC EDES THE TEST NY AND EVIDENCE UPON mac" THE APPEAL IS TO BE BASED. Page 8 of 8 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, MARCH 9, 1994 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 7:15 p.m. Present were Councilmembers Mortimer Fried (arrived at 7:20 p.m.), Raul Llorente, Betty Sine, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Raymond Sullivan was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. 2. AGENDA: There were no changes to the agenda. At this time, Councilman Sime requested that Metro -Dade County Commissioner_ Maurice Ferre be invited to a future Council meeting to discuss with him the playing fields issue. It was the consent of the Council to extend such an invitation. 3. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY ADDING CHAPTER , SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT; PROVIDING, FOR DEFINITIONS; PROVIDING A SCHEDULE OF REGULATIONS FOR BUILDING BEIGHT, WALL HEIGHT, FRONT SETBACKS, REAR SETBACKS, SIDE SETBACKS, LOT COVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS FOR PARKING AND DRIVZ&YS, LOT ELEVATION,'DRAINAGE BUFFERS, AIR COMITICIING EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND OVERHANGS, FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. Mayor Festa opened the public hearing. The following residents addressed the Council: John Rosser, 300 Redwood Lane; Lilibeth Warner, 320 West Enid Drive; Benny Becker, 290 West Mashta Drive; Eduardo Chamorro, 784 Woodcrest Road; Gloria Rodriguez, 701, Harbor Drive; Katherine Slavins, 301 Palmwood Lane; Eddie Alfonso, 711 South Mashta Drive; James Brewster, 500 North Mashta Drive; and Bauldilo Ruiz, 165 Woodcrest Lane. Mayor Festa made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Fried. Page 1 of 4 March 9, 1994 Mayor Festa made a motion amending the ordinance by adopting staff' s recommendations -- attached as Addendum A. The motion was seconded by Councilman Llorente. Building,; Zoning and Planning Director John Little addressed the Council regarding theproposed changes. The motion was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion amending footnote 2 by striking the present language and inserting "The maximum height of the exterior wall (s) of the buildang cannot exceed twenty two feet, six inches (22.5') at or closer to the property line than the following setbacks: rear (twenty feet; 20) side (seven feet, six inches, 7.5'); front (twenty feet;; 20') and side street (fifteen feet, 15'). The height may be increased by one additional foot for each foot that the wall is setback from these setback lines. Building wall height shall be measured to the top;of the wall from the Base Flood Elevation for Elevated. Homes or the gradeof the lowest finished floor for Non -Elevated Homes. The maximum height of gable end walls at or closer that the setbacks, mentioned above, shall be twenty two feet, six inches (22.5') at the base of the triangle, and thirty feet (30') at the top of the triangle. The width of the triangle or series of triangles shall not exceed thirty six feet (36') at the side, front or rear property line setbacks. This proportion may increase in width at the ratio of one additional foot in width for each one foot:' in additional setback applied to the gable end: The motion was seconded by Councilman Llorente. After brief discussion, the motion was adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente,; Sime, 'Wald, and Mayor Festa voting Yes. Vice Mayor Rasco voted No. Mayor Festa made a motion amending footnotes 3.1 and 3.2 by striking the present language and inserting "3.1 Attached front porches and porte-cocheres are permitted to extend into the front setback, up to ten feet (10')`from the property, line.` 3.2 Attached or detached carports are permitted to extend into the front setback up to five feet (5') from the property line. and amending footnotes 6..1 and 6.2 by striking the present language and inserting "6.1 Attached front porches and porte-cocheres are permitted to extend into the side street setback up to ten feet (10') from the property line. 6.2 Attached or detached carports are permitted to extend into the side street setback up to five feet (5!); from the property line." The motion was seconded by Vice Mayor Rasco. Vice. Mayor Rasco offered an amendment to the motion that "not forming an integral part of the building" be added following the word "carports". The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa Page 2 of 4 ft March 9, 1994 voting Yes. The Festa motion, as amended, was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion adding footnote 5 as follows: "RU -1 District: For non -elevated interior, non -waterfront lots, where the average lot width is less than one hundred feet (100'), the side setback for a one story home may be reduced to five feet (5') so long as the combined interior side setbacks are at least the lesser of fifteen feet (15') or twenty percent (20%) of the average lot width and the maximum depth of a structure is no greater than thirty five percent (35%) of the depth of the lot along the side setback. This also applies to non -elevated corner, non -waterfront lots so long as the combined interior and side setbacks are the lesser of twenty two feet, six inches (22.5') or thirty percent (30%) of the average lot width." The motion was seconded by Councilman Waid. After extensive discussion, the motion failed on a 2 - 4 voice vote. The vote was as follows: Councilman Waid and Mayor Festa voting Yes. Councilmembers Fried, Llorente, Sime, and Vice Mayor Rasco voted No. Councilman Fried made a motion amending footnote 1 by limiting height to thirty feet (30'). The motion was seconded by Councilman Llorente. After brief discussion, the motion failed on a 2 - 4 voice vote. The vote was as follows: Councilmembers Fried and Llorente voting Yes. Councilmembers Sime, Waid, Vice Mayor Rasco, and Mayor Festa voted No. Counc lman Llorente made a motion amending the front setback by striking "15.0 " and inserting "20.0'". The motion was seconded by Councilman Fried. There was extensive discussion on the motion which failed on a 3 - 3 voice vote. The vote was as follows: Councilmembers Fried, Llorente and Vice Mayor Rasco voting Yes. Councilmembers Sime, Waid and Mayor Festa voted No. The Council discussed the inclusion in the ordinance of larger lots. The clerk read suggestions submitted by Councilman Sullivan relating to the larger lots. Jose Ortega, 621 South Mashta Drive, addressed the Council. Mayor Festa Made a motion extending the meeting to 11:30 p.m. The motion was seconded by Councilman Llorente and failed on a 2 - 4 voice vote. The vote was as follows: Councilman Llorente and Mayor Festa voting Yes. Councilmembers Fried, Sime, Waid, and Vice Mayor Rasco voted No. Councilman Waid made a motion extending the meeting to 11:10 p.m. The motion was seconded by Mayor Festa and adopted on a 5 - 1 voice Page 3 of 4 March 9, 1994 vote. The vote was as follows: Councilmembers Fried, Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sime voted No_ Mayor Festa made a motion amending the ordinance's effective date by providing for a transition period ending September 1, 1994. The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Waid made a motion adopting the amended ordinance. The motion was seconded by Councilman Fried and adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers'•Fried, Llorente, Sime, Waid, and Mayor Festa voting Yes. Vice Mayor Rasco voted No. 4. : There being no further business, the meeting was adjourned at 11:10 p.m. Approved this 2 Z'`a day of , 1994 Villag lerk Mayor IF A PERSON nEI2WZS TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA1 Se CONSIDERED .AT A MEETING OR HEARIIVG, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED ZO ENSURE THAT A VERBATIM RECORD OF THE PROCE®INGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 4 of 4 0 'MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 22, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OFFERS: The meeting was called to order by Mayor Festa at 7:OO..p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco (arrived at 7:10 p.m.), and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. APPROVAL OF MINUTES: Councilman Fried made a motion approving the minutes of the workshop meeting of March 5, 1994, the minutes of the regular meeting of March 8, 1994, and the minutes of the special meeting of March 9, 1994, as submitted. The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 4. AGENDA: Councilman Waid requested discussion regarding the county's proposed toll collection system for the Rickenbacker Causeway (Item 8-A-3). Councilman Sime stated that Tony Ojeda, an assistant county manager, was scheduled to make a presentation to the Local Planning Agency at 8:30 p.m. She requested that he be heard during the Council meeting upon his arrival (Item 8-A-4). Councilman Sullivan requested discussion regarding his meetings with members of the Dade County School Board (Item 8-A-5). Mayor Festa requested discussion of a proposed resolution regarding athletic fields at Bill Baggs Cape Florida State Recreation Area (Item 6 -A -B). Mayor Festa made a motion approving changes to the agenda. The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 5. ORDINANCES: There were no ordinances considered by the Council. Page 1 of 5 March 22, 1994 6. RESOLUTIONS: The clerk read the following resolution by itle: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE FINANCIAL POLICY OF THE VILLAGE BY IMPOSING A LIMIT ON DEBT SERVICE OBLIGATIONS AUTHORIZED TO BE INCURRED BY THE VI A E IN AN AMOUNT NOT TO EXCEED 15% OF ANNUAL EXPENDITURES; PROVIDING FOR AN EFFECTIVE DATE. The manager made a brief presentation. Michael Kahn, 881 Ocean Drive71 addressed the Council. After extensive" discussion, Councilman Llorente made a motion deferring the resolution to a time certain April 12' 1994' The motion was seconded by Councilman Fried and failed on a 2 - 5 roll call vote. The vote was as follows: Councilman Llorente and Vice Mayor Rasco voting Yes. Councilmembers Fried, Sime, Sullivan, Waid, and Mayor Festa voted No. Councilman Waid made a motion approving the resolution. The motion was seconded by Councilman Llorente and failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers Llorente, Waid and Vice Mayor Rasco voting Yes_ Councilmembers Fried, Sime, Sullivan, and Mayor Festa voted No. 7. ZONING HEARINGS: The following hearings were held: gearing Number 94 -1 -VC -2.. 200 Palms Corporation, the applicant, 200 Crandon Boulevard, requested a waiver of Ordinance 92-11 (Building Moratorium) to permit a mixed use development. Building, Zoning and Planning Director John Little recommended approval of the request subject to conditions. Maria Valis, 200 Crandon Boulevard, representing 200 Palms Corporation, made a presentation to the Council. Mayor Festa opened the public hearing.` Conchita Suarez, 201 Crandon Boulevard, addressed the Council. Councilman Fried made a motion waiving the building moratorium. The motion was seconded by Councilman Llorente. There was extensive discussion. Mayor Festa offered an amendment limiting the waiving of the moratorium to a proposal substantially in the form as outlined in plans submitted to the Village and dated March 3, 1994. The amendment was seconded by Councilman Fried and failed on a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voted No. Vice Mayor Rasco made a motion deferring the Page. 2 of 5 0 March 22, 1994 application to the meeting of April 26, 1994. The motion was seconded by Mayor Festa and adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Llorente and Waid voted No. Hearing Number 94 -3 -VC -1. Red Dragon's Sands, Ltd., the applicant, 301 Ocean Drive, requested a waiver from Ordinance 92-11 (Building Moratorium) to permit construction of a proposed addition to an existing motel, a non-use variance of the Key Biscayne Beach Preservation Ordinance to permit -expansion, approval to allow outdoor service bar to be constructed on roof of an existing restaurant, and approval ofa monument sign. Building, Zoning and Planning Director- Little stated his recommendation for approval of the waiver of the building moratorium, denial of non-use variance from the beach preservation ordinance, approval of construction of service bar, and approval of the monument sign. Carter McDowell, 100 Southeast 2 Street, Miami, representing the applicant, made a brief presentation to the Council. Mayor Festa opened the public hearing. The following residents addressed the Council: Marie Kirk, 201 Crandon Boulevard; Ms. Suarez; Jose Juara, 687 Harbor Lane; Michele Padovan, 425'x+ Grapetree Drive; Mr. Kahn; Randall Bass, 201 Galen Drive; Shirley Brill, 550 Ocean Drive; Rex Hamilton, 201 Crandon Boulevard; Tony Camejo, 151 Crandon Boulevard; Gonzalo Beracia, 235 Cranwood Drive; and Lorenzo Kelly, 240 Woodcrest Road. Pepe Barasoain, 301 Ocean Drive, representing the Silver Sands Motel, also addressed the Council. Councilman Sullivan made a motion waiving the building moratorium and approving the application as submitted. The motion was seconded by Councilman Fried. After further discussion, the motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a --motion to hear Item 8-A-4 at this time. The motion was seconded byV5f layor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes. Tony Ojeda, Dade's assistant county manager, and Chuck Pezolt, director of the county's parks and recreation department, addressed the Council regarding options available to the Village for athletic fields. There was extensive discussion regarding the matter. Page 3 of 5 March 22, 1994 Mayor Festa presented the following resolution for consideration by the Council: A RESOLUITON OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE STATE OF FLORIDA TO TAKE APPROPRIATE ACTION' IN ORDER TO PERMIT THE VILLAGE OF KEY BISCAYNE TO OPERATE, MAINTAIN AND USE PORTIONS OF BILL BAGGS, CAPE FLORIDA STATE RECREATIONAL AREA FOR PLAYINGFACILITIES AND PROVIDING FOR AN EFFECTIVE DATE. Mayor.Festa made a motion adopting the resolution. The motion was seconded; by Vice Mayor Rasco. Councilman Fried made a motion amending the resolution by inserting "and county officials" where appro ate. The amendment, was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried,Llerente, Sime, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes. Resolution 94-12, as amended, was adopted by a unanimous voice, vote.; The vote was as follows,: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 8. REPORTS AND, REO IDATIONS: The following reports were presented: Mayor and Councilmembers. Mayor Festa briefly reviewed the short term goals adopted by the Council at its workshop on February 22, 1994. Mayor Festa submitted for the Council's information a letter he received from Arthur Teele, chairman of the Metro -Dade County Commission, regarding the Pan-American Hemispheric Summit Scheduled for December. Councilman Sullivan reported that he met with Betsy Kaplan, chairman of the= Dade County School' Board, regarding construction at the elementary school. There was extensive discussion regarding the issue_ It was the consent of the Council for Councilman Sullivan and the attorney to meet with representatives of the, school system to further discuss the matter.; Mayor Festa made a motion extending the meeting to 11:30 p.m. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Waid requested that the Village .send ,a letter to the county expressing discontent with the proposed computerized` Page 4 of 5 March 22, 1994 collection system for the Rickenbacker Causeway Toll Plaza. Mr. Camej'o addressed the Council. It was the consent of the Council for the attorney to prepare said letter. Village Attorney. The attorney did not submit a report. Village Clerk. The clerk did not submit a report. Village Manager The manager requested a meeting to discuss the tentative stormwater capital improvement schedule and a meeting to discuss'streetscape alternatives. Vice Mayor Rasco made a motion calling a special meeting for April 19, 1994 to discuss the above referenced matters. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers.,Fried,Llorente, Sime, Sullivan, Waid, Vice' Mayor Rasco, And Mayor Festa voting Yes. The manager submitted the following information reports: a letter from Village Engineer, regarding the Silver Sands Motel's sanitary sewer force main, dated February 21, 1994; a letter from Jeffrey Bunting, Metro -Dade Aviation Department, regarding aircraft noise dated March 1,'1994; a fax from the Save Calusa Park 'Committee, .regarding Calusa Park, dated March 4, 1994; a letter from C.A.P. Engineering, regarding the Silver Sands Motel's sanitary sewer force main, dated March 14, 1994; and a letter from O'Leary Design and .Associated, regarding the street tree planting plan, dated March 14, 1994. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 11. ADJOURNMENT: The meeting was adjourned at 11:25 p.m. Approved this (Z-4` day of AT r., , , 1994 Villa Clerk Mayor IF A PERSON DECIDES 2O APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY M rr k CONSIDERED AT A MEETING OR HEARING,' THAT. PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY AMED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHIG" RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON. WHICH TBE APPEAL IS TO BE BASED. Page 5 of 5 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 5, 1994 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 Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. ELEMENTARY SCHOOL DISCUSSION: Councilman Sullivan, chairman of the School Advisory Committee, briefly addressed the Council regarding the Key Biscayne Elementary school facility. Erik Laventure, Paul Phillips and David Johnson, representing Dade County Public Schools, made a presentation to the Council regarding the planned renovations for the existing facility. The following residents participated in discussions regarding the proposed renovations: Jon Grossman, 375 Hampton Lane; Martha Broucek, 170 Ocean Lane Drive; Zaida Vidal, 600 Grapetree Drive; Bill Ofgant, 512 Fernwood Road; Gloria De La Cruz, 600 Grapetree Drive; Tony Camejo, 151 Crandon Boulevard; Jim Haney, 472 Glenridge Road; Sergio Mendoza, 761 Ridgewood Roads Dick Cromartie, 155 Ocean Lane Drive; Kiko Sarasulia, 442 Hampton Lane; and Mary Schulman, 1121 Crandon Boulevard. Councilman Sullivan briefly discussed the following recommendations of the School Advisory Committee: construction of a new school for the K-5 curriculum rather than renovations of the existing facility; Council study of a joint facility venture and a referendum to determine community support for a middle school in the Village. There was extensive discussion regarding the Council's direction on the elementary school matter. The following residents addressed the Council: Ms. Broucek; Jeanne Silis,,401 Ridgewood Road; Mr. Grossman; Michele Padovan, 425 Grapetree Drive; Susan Rosellini, 151 Crandon Boulevard; Jim Doyle, 245 Buttonwood Road; Mr. Camejo; Mr. Ofgant; Mercedes Lopez, 545 Hampton Lane; Michael Kahn, 881 Ocean Drive; James Iri, 143 East Enid Drive; Sid Cooper, 170 Ocean Lane Drive; Ms. Schulman; and Mr. Sarasulla. Page 1 of 2 April 5, 1994 Mayor Festa made a motion extending the meeting time until 11:30 p.m. The motion was seconded by Councilman Sullivan and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente; Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes`, Councilman Waid voted No. The Council directed the manager to draft a survey form, with public input, for the purpose of determining the community's opinion on issues relating to the school. Councilman Fried made a motion authorizing the attorney to review the legal options available to the Village with regards to opting out of the county school system, obtaining a fair return on the taxes paid to the school district and the potential of a joint program with a university. The motion was seconded by Councilman Llorente and adopted by a 4 - 3 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, and Sullivan voting Yes. Councilman Waid, Vice Mayor Rasco and Mayor Festa voted No. The attorney stated that the research fee on this item will be capped at $4,500.00. The Council scheduled a workshop meeting for Monday, April 18, 1994, at 7:00 p.m., to review a draft ofthe proposed survey. 3. OTHER BUSINESS: There was no further business discussed. 4. ADJOURNMENT: The meeting was adjourned at 11:50 p.m. Approved this 12, day of Village` C'lerk yor 1994 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT 2V . ANY MAa r It CONSIDERED AT A MEETING OR "MARINO, MAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE MAT A VERBATIM RECORD OF TS PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WITCH THE APPEAL IS TOBE BASED. Page 2 of 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 12, 1994 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 7:20 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Waid was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Father Jose Hernando, of St. Agnes Catholic Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF MINUTES: Councilman Fried made a motion approving the minutes of the special meeting of March 22, 1994 and the minutes of workshop meeting of April 5, 1994. The motion was seconded by Mayor Festa and adopted by a 6 - 0 -voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. 5. AGENDA: Mayor Festa -requested that the departmental performance reports (Item 10-D-6) and quarterly department budget reviews (Item 10-D-9) be deferred. The mayor also requested the addition of discussion regarding athletic fields at Cape Florida State Recreation Area (Item 10-A-9). Councilman Sime announced that Jackson Memorial Hospital will be hosting a tour of their trauma center facilities on April 22, 1994, at 8:30 a.m., and invited the public to participate. Councilman Llorente requested discussion regarding the time and length of Council meetings (Item 10-A-10). Mayor Festa made a motion approving the changes to the agenda. The motion was seconded by Councilman Sime and adopted by a 6 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. 6. SPECIAL PRESENTATIONS: Mayor Festa and the Council presented a copy of Resolution 94-11 to Robert Iglesias, of Winn -Dixie, commending the establishment for their community participation. Page 1 of 8 April 12, 1994 The manager introduced William Pino, of Power and Lighting Systems, who made a presentation to the Council and public regarding the county's proposed Crandon Boulevard street lighting program. Michele Padovan, 425 Grapetree Drive, addressed the Council. The Council directed the manager to further study the matter and report to the Council at a future date.. 7. PUBLIC COMMENTS: Ms. Padovan addressed the Council regarding the clerk's schedule and work. Martha Broucek, 170 Ocean Lane Drive, discussed the Council's April 5th workshop regarding the elementary school issue. 8. ORDINANCES:; The clerk read the following ordinance, on second reading, by title. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $1,000,000.00; PROVIDING FOR THE, APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL; PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES; PROVIDING FOR THE PleRCUTION OF DOCUMENTS; AUTHORIZING FURTEER OFFICIAL' ACTION; SPECIFYING GOVERNING LAW;. PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. The manager made a brief presentation regarding the ordinance. Mayor Festa opened the public hearing. Hugh O'Reilly, 475 Allendale Road,addressed the Council. After brief discussion, Mayor Festa made a motion adopting the ordinance. The motion was seconded by Councilman Fried. Ordinance 94-3 was adopted by 6 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Pasco, and Mayor Festa voting Yes.. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE ZONING CODE REVIEW COMbCritb FOR THEIR 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 Vice Mayor Rasco: Resolution 94-13 was adopted by 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Page 2 of 8 April 12, 1994 Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF i'tiE BUILDING, ZONING AND PLANNING DEPARTMENT ADVISORY COMMIn'Eh FOR THEIR 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 Sime. Resolution 94-14 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE FINANCIAL POLICY OF THE VILLAGE BY IMPOSING A LIMIT ON DEBT SERVICE OBLIGATIONS AUTHORIZED TO BE INCURRED BY THE VILLAGE IN AN AMOUNT NOT TO EXCEED 15% OF ANNUAL EXPENDITURES; PROVIDING FOR AN EFFECTIVE DATE. The manager made a brief presentation regarding the resolution. Mr. O'Reilly, Ms. Broucek and Gary Gross, 211 Island Drive, addressed the Council. After brief discussion, Councilman Fried made a motion adopting the resolution. The motion was seconded by Mayor Festa. The resolution failed on a 2 - 4 voice vote. The vote was as follows: Councilman Llorente and Vice Mayor Rasco voting Yes. Councilmembers Fried, Sime, Sullivan, and Mayor Festa voted No. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF STATE, BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, FOR THE STORAGE OF MICROFILM; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Rasco made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 94-15 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 3 of 8 April 12, 1994 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING CONTRACT TO SOUTH COAST IRRIGATION, INC., MIAMI, FLORIDA, FOR INSTALLATION OF IRRIGATION SYSTEM AT KEY BISCAYNE LIBRARY; WAIVING COMPETITIVE BIDDING PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a'motion adopting the resolution. The motion was seconded by Councilman Fried. Resolution 94-16 was adopted by a 4 - 2 `voice vote. The vote was as follows: Councilmembers Fried,, Sime,rVice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Llorente and Sullivan voted No. 10. REPORTS AND RECOMMENDATIONS: The following reports were submitted: MAYOR AND COUNCILMEMBERS. Vice Mayor Rasco discussed the poor condition of the athletic fields at the Key Biscayne elementary school_ The manager and Village Engineer Carlos Penin addressed the Council on the matter- Bonnie Cooper, 77 Crandon Boulevard, also addressed the Council. The manager was directed to send a letter to the superintendent of Dade County schools requesting that the matter be resolved. Mayor Festa discussed the clerk's schedule... Mayor Festa made a motion approving a monthly bonus for the Village Clerk for his extended hours of work. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion that the bonus be $400.00 per month -- retroactive to October 1, 1993. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan,Vice Mayor Rasco, and Mayor Festa voting Yes. At this time, the Council discussed an item relating to, proposed athletic fields on fifteen acres at Bill Baggs Cape Florida State Recreation Area. State Representative Bruno Barreiro addressed the Council regarding his attempts in the Florida Legislature to further this proposal. ms. Cooper, Steve Simon, 335 Harbor Lane, and Sid Cooper, 170 Ocean Lane Drive, also addressed the Council. Members of the public were encouraged to contact legislators and ask for their support on this issue. Vice Mayor Rasco discussed the maintenance of the tree farm property in anticipation of the Fall football season. The Council directed the manager to have the property useable by September 1, 1994. Page 4 of 8 April 12, 1994 The vice mayor discussed the need for bus -shelters in the Village. The manager was directed to present a report at the .next Council meeting. Vice Mayor Rasco discussed the need for "no parking" signs on Ocean Drive. Police Chief Michael Flaherty addressed the Council. Mayor Festa made a motion to further research the issue of permit parking. The motion was seconded by Councilman Sullivan and adopted by a 6 --0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. -Vice Mayor Rasco made a motion directing the manager to place "no parking" signs on Ocean Drive at the discretion of the police chief. The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco and Mayor Festa voting Yes. Vice Mayor Rasco expressed concern regarding the delay in completion of construction at the Emergency Services Complex. Police Chief Flaherty addressed the Council regarding the matter. Councilman Llorente proposed that Councilman Fried be appointed to a fact finding mission to study an independent community center on the Crandon Boulevard tree farm property. Ms. Broucek addressed the Council. Councilman Fried agreed to visit with community groups to discuss the matter. At this time, the Council resumed discussions regarding the athletic fields at Bill Beggs park. Mr. Simon further addressed the Council. The Council agreed to lobby key legislators to seek their support in the matter. Vice Mayor Rasco discussed expenditures on the part of the Village Attorney regarding the elementary school issue. Attorney Weiss addressed the vice mayor's inquiry. There was brief discussion by the Council. John Rosser, 300 Redwood Lane, addressed the Council_ VILLAGE ATTORNEY. The attorney submitted for the Council's review, correspondence dated March 25, 1994, to the Matheson family's attorney, regarding Calusa Park. The Council requested that the attorney review the possibility of the village annexing Calusa Park. The attorney requested an executive session to discuss the Lipton litigation matter. The Council concurred to schedule the meeting for Monday, April 18, 1994, at 5:00 p.m. Page 5 of 8 Mayor Festa made a motion to extend the meeting until 11:30 p.m. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The votewas as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. this time, the clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING METROPOLITAN DADE COUNTY TO TAKE ALL STEPS NECESSARY TO INSURE TEAT CALUSA PARK MAY BE USED AND MAINTAINED IN ITS CURRENT CONFIGURATION; PROVIDING FOR'AN EFFECTIVE DATE. It waStthe consensus of the Council to defer consideration of the resolution to a future date. Correspondence regarding code enforcement liens, dated March 28, 1994, was 'also 'presented for the Council's information. VILLAGE CLERK_ The clerk presented copies of the following proclamations issued by the mayor: Key Biscayne Taxpayer's Association Day (March 18, 1994); Fair Housing Month (April 1994); Day of Remembrance of the Victims of the Holocaust (April 8, 1994); Arbor Day (April 15, 1994); Mary Henderson Buckley Day (April 17, 1994); and Temple Zion Israelite Center Day (July 9, 1994). The clerk submitted for the Council's information a memorandum from Dade's supervisor ofelections regarding the fall election schedule and a letter from the state's Office of the Auditor General regarding a performance audit. VILLAGE MANAGER. At the request of the Engineer submitted the following reports: basketball courts at the elementary school; and refuse collection study. There was regarding refuse collection. Mayor Festa made a motion extending the meeting until 11:50 p.m. The motion was seconded by Vice Mayor Rasco and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sime voted No. manager, the Village post office curbing; sanitary sewer study; extensive discussion. Mayor Festa made a motion awarding a contract for the Fire Rescue apparatus building (electrical, plumbing and mezzanine construction) and Police administration building` (storage rooms, lockers and bathroom) to Tri-tech, Miami, Florida, in an amount of $196,000.00 plus a ten percent contingency. The motion was seconded by Vice Page 6'of 8 0 0 0 April 12, 1994. Mayor Rasco and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Building, Zoning and Planning Director John Little discussed photographic activities in residential areas. Director Little recommended that the Council consider an ordinance regulating filming in residential areas. Brent Spector, 7621 Southwest 59 Court, Miami, addressed the Council. The Council discussed the matter and requested that Director Little study ordinances adopted by other municipalities. The manager submitted the following informational reports for the Council's review: the monthly departmental reports, the monthly financial statements; a letter from City of Miami Manager Cesar Odio, to Dade County Manager Joaquin Avino, regarding annexation of Virginia Key, dated September 24, 1993; a letter from Jana McDonald, Strook & Strook, to Building, Zoning and Planning Director John Little, regarding annual report for Key Biscayne Hotel and Villas D.R.I., dated March 11, 1994; a letter from Brian Flynn, Metro -Dade Department of Environmental Resources Management, regarding beach vegetation project, dated March 21, 1994; a letter from Jerry Santeiro, F.P.L., regarding franchise agreement and municipal utility tax, dated March 21, 1994; a memorandum regarding 1994-1994 budget schedule; a letter from Alfred Gross, a resident, regarding Fire Rescue Department, dated march 256 1994; a memorandum from Economic Development Director Susan Gregorie, regarding media tour, dated March 28, 1994; a letter from Building Official Leo Lianas, to Alberto Cohen, Crandon Towers Condominium, regarding cooling tower, dated March 29, 1994; a memorandum from Finance Director Jack Neustadt, regarding tree farm property costs, dated March 20, 1994; and a'letter from Jeffrey Bunting, Metro -Dade. Aviation Department, regarding aircraft overflights:, dated April 4, 1994. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented tor e Council and, public. 13. .ADJOURNMENT: The meeting was adjourned at 12:00 midnight. Page 7 of 8 April 12, 1994. C1 Approved this day of t L 1994 Village; Clerk Mayor I1' A PERSON DECIDES TO APPEAL ANY DECISION LADE BY THE VILLAGE COUNCIL WITH RESPECT TO. ANY MArlak 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 TEE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, Page 8 of 8. MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, APRIL 18, 1994 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 Mortimer Fried, Betty Sime (arrived at 8:25 p.m.), Raymond Sullivan, John Waid, and Mayor John Festa. Councilman Raul Llorente and Vice Mayor Joe Rasco were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. DISCUSSION REGARDING ELEMENTARY SCHOOL ISSUE: The manager briefly discussed questions submitted to him by residents for the proposed survey regarding the elementary school issue. Sam Yarger, dean of the University of Miami School of Education, made a presentation regarding surveys. Gloria de la Cruz, of Arriaga-DLC Group, 600 Grapetree Drive, submitted a survey proposal for the Council's consideration. The following residents participated in discussions with the Council: Jim Irl, 143 East Enid Drive; Martha Broucek, 170 Ocean. Lane Drive; Jon Grossman, 375 Hampton Lane; Bill Ofgant, 512 Fernwood Road; Tony Cameja, 151 Crandon Boulevard; Alan Fine, 525 Allendale Road; Ed Meyer; 100 Sunrise Drive; Michele Padovan, 425 Grapetree Drive; Sid Cooper, 170 Ocean Lane Drive; Susan Rosellini, 151 Crandon Boulevard; and Barbara Jacobs, 251 Crandon Boulevard. After extensive discussion, Councilman Fried made a motion that a fact sheet be prepared to educate the public on the elementary school issue and that said fact sheet be distributed by volunteers. The motion was seconded by Councilman Sullivan and adopted by a 5 - 0 voice vote_ The vote was as follows: Councilmembers Fried, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Sullivan stated that the School Advisory Committee will draft the fact sheet to be reviewed by the Council prior to distribution. Page 1 of 2 April 18, 1994 The attorney requested that the Council schedule an executive session to discuss the stormwater utility lawsuit. 4. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. Approved this t, (;.' day of , 1994 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MFiimk CONSIDERED AT A PEETTNG OR HEARING, THAT PERSON WILL NEED A RECORD OF TIM PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESITMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 a future meeting. MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 19, 1994 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 5:50 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. STORMWATER SEWER REPORT: Carroll Sanders and Linda Bell, of Williams, Hatfield & Stoner, Inc., made a presentation to the Council. The following areas of the proposed stormwater sewer plan were discussed: basin areas and well locations; design; maintenance of traffic; mobilization and equipment; paving; newsletter; notice to property owners; weekly contractor's meeting; affected utilities; and project cost. It was the consensus of the Council that the manager and attorney be directed to contact the Miami -Dade Water and Sewer Authority regarding the replacement of water mains during the sewer construction project. 4. 1992-1993 FINANCIAL AUDIT REPORT: This item was deferred to 5. HARBOR DRIVE/FERNWOOD ROAD STREETSCAPE STUDY: The manager introduced Roger Shluntz, dean of the University of Miami School of Architecture, who made a brief presentation regarding the _ streetscape study the university will undertake on behalf of the Village. The following residents addressed the Council: Bill Earle, 280 Harbor Drive; Chris Sager, 335 Harbor Drive; Pads Kirkpatrick, 628 Fernwood Road; Miguel Gonzalez, 100 Harbor Drive, representing St. Agnes Catholic Church; Anne Donoghue, 820 Harbor Drive; C. Echevarria, 290 Harbor Drive; Barclay Cale, 225 Harbor Drive; Gloria Rodriguez, 701 Harbor Drive; Timothy Maten, 355 Glenridge Road, representing Key Biscayne Community Church; Stuart Ames, 285 Harbor Drive; Samantha Sager, 335 Harbor Drive; Ray Herrera, 310 Fernwood Road; Bill Ofgant, 512 Fernwood Road; Jillian Surman, 325 Page 1 of 2 April 19, 1994 Harbor Drive;' J.J.' Donoghue, 820 Harbor Drive; Doug McKenzie, 715 Harbor Drive; and Craig Henry, 40 Island Drive. The Council briefly discussed comments made by the residents of Harbor Drive and Fernwood Road. 6. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Approved this 1 C{''' day of 19.94 Village Cleric Mayor 0 IF A PERSON DECIDES TO APPEAL ANY DECISION .MADE BY THE VILLAGE COUNCIL WITH RESPECT TD ANY MAr. n;K CONSIDERED AT A MEETING OR BEARING, 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 TEeSTIlNY ANA) EVIDENCE UPON WHIM THE APPEAL IS TO BE BASED. Page 2 of 2 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 26, 1994 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 7:20 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Joseph Serota. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. SPECIAL PRESENTATIONS: Jerry Chiocca, of Rachlin & Cohen, C.P.A. and Consultants, the Village's independent auditor, made a presentation regarding the 1992-1993 Comprehensive Annual Financial Report. Kathy Shrank, chief of emergency medicine at Jackson Memorial Hospital, representing the Ryder Trauma Center, addressed the Council regarding funding for the center. The center requested a $25,000.00 pledge, over a five year period, from the Village. Eddy Alfonso,'711 South Mashta Drive, spoke in support of the center's request. Sharon Falik, representing the Jackson Memorial Foundation, also addressed the Council. Councilman Sullivan made a motion supporting a $25,00.0,.00 pledge -- over a five year period. The motion -was seconded by Councilman Fried and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime; Sullivan, Waid, Vice Mayor Rasco, and Mayor Testa voting Yes. 4. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING WOOLLEY'S FINE FOODS FOR THEIR COMMUNITY INVOLVEMENT AND PARTICIPATION; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 94-17 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 1 of 3 April 26, 1994. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CONFIDING THE VOLUNTEERS WHO CONTRIBUTED TO THE SUCCESS OF THE VILLAGE'S 1994 ARBOR DAY CELEBRATION; PROVIDING FOR AN EkflCTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Waid. Resolution 94-18 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sullivan made a motion amending the agenda to. include discussion regarding the proposed school survey and fact sheet. The motion was seconded by Councilman Fried and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers' Fried, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Rasco voted No. At this time, Roger Schluntz, dean of the University of Miami School of Architecture, made a presentation to the Council regarding possible options and concepts for the Crandon Boulevard Tree Farm property. Benny Becker, 290 West Mashta Drive, and Martha Broucek, 110 Ocean Lane Drive, addressed the Council, The Council briefly discussed the presentation. 5. VILLAGE MANAGER'S REPORT: There was: brief discussion regarding the bidding, development and construction of the Emergency Services complex: Village Engineer Carlos Perlin presented a progress report regarding the sanitary sewer and refuse collection studies. Michele Padovan, 425 Grapetree Drive, addressed the Council. Police Chief Michael Flaherty addressed the Council regarding traffic signs along Fernwood Road. Councilman Fried made a motion authorizing the placement of a four-way stop sign at the intersection of Fernwood;Road and West Enid Drive. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice' Mayor Itasca, and .Mayor "Pest& voting Yes. It was the consent of the Council to adopt the chief's recommendation regarding the placement of "no parking signs on Ocean Drive. Page 2 of 3 0 April 26, 1994 Mayor Festa made a motion authorizing the placement of a three-way stop sign at the intersection of Fernwood Road and West Heather Drive. The motion was seconded by Vice Mayor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager announced that the Village was awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association. The manager gave a brief report regarding a departmental performance report. The manager briefly discussed the quarterly departmental budget review of the Police and Fire Rescue departments. The mayor requested that a workshop be scheduled to discuss the activities of the Police department. The manager gave an update on the Council's short term goals and objectives. At this time, Councilman Sullivan's item relating to the proposed school survey and fact sheet was discussed. S. Rolland, 177 Ocean Lane Drive, addressed the Council. The Council scheduled a special meeting for Tuesday, May 3, 1994, at 7:00 p.m., to further discuss the matter. . ADJOUR1 1Tc The meeting was adjourned at 10:30 p.m. Approved this 1,L day of Village Clerk Mayor , 1994 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAlureit CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MY NEED TO ENSURE THAT A VEREAT2M RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 3 cf•3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA iu SDAY, MAY 3, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TOORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Wald, and Mayor John Festa_ Vice Mayor Joe Rasco was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. AGENDA: Councilman Sime made a motion adding -discussion regarding the abandoned villas on the Key Biscayne Hotel and Villas property. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as. follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 4. ELEMENTARY SCHOOL ISSUE: Attorney Weiss made a presentation to the Council regarding the Councils options in the elementary school issue. The attorney addressed the following subject matters: creation of a Village school district by establishing a new county; equitable distribution of school board tax monies; and available educational alternatives. The following citizens addressed the Council: Sally Brody, 180 Harbor Drive; Sylvester Roland, 177 Ocean Lane Drive; and Dorothy Rider, principal of Key Biscayne Elementary. Councilman Sullivan presented to the Council a copy of the fact sheet and survey drafted by the School Advisory Committee. Councilman Waid made a motion to eliminate the "recent demographics" paragraph and add school population totals from past years. The motion died due to lack of second. By consensus, the Council agreed to the following changes to the fact sheet: • amended "FACTS ABOUT SCHOOL COST" paragraph to read "Key Biscayne taxpayers are currently paying approximately $15 million in DCPS taxes. Upon completion of the remaining Page 1 of 3 May 3, 1994 residential and hotel projects on the island, it is estimated that $21 million will be paid annually in DCPS taxes. The best data available indicates that the DCPS spends approximately $4 million annually on Key Biscayne students in all public schools (K-12) and Key Biscayners spend some $4 million annually to educate their children in private schools both on and off the island."; • amended "FACTS REGARDING THE DADE COUNTY PUBLIC SCHOOLS PROPOSAL" to read "The School Board of Dade County has developed a Master Plan and Scope,of Definition to address the needs of the -Key Biscayne Elementary School site and community. Improvements are planned in three phases (Ia, Ib and II) due to funding limitations. Total project budget for phases Ia and Ib is $5.3 million (bond monies and developer contributions).` Phase Ia includes new construction, renovation of the existing structure. and construction time is three years. completed, based onproject funding, after completion of Phase Ia. Phase II (approximately $6.5 million) construction is contingent upon securing additional funds and is viewed as a long-range goal. Included in the phase are a new cafetorium, playfields, additional classrooms, and parking to complete a new K-5 school for 610 students. The present structure will be demolished if Phase II is completed. The DCPS building of Phase Ia and Ib will reduce open play areas on the present 6.4 acre site by percent. This impacts the lack of adequate play areas as required under the State of Florida concurrency guidelines." and o amended the "OPTIONS PROPOSED BY THE VILLAGE SCHOOL ADVISORY COMMITTEE" to read as "In view of the DCPS proposal, the Village Council appointed a School Advisory Committee to review the possible alternatives available to Key Biscayne. The committee suggests the following: Encourage Village input into the design and location of a new elementary school to best serve the interests and needs of Key Biscayne's children. Explore the possibility of a multi -use Cultural/Civic Center to be built as a joint venture with a new school. Page 2 of 3 remodeling and Scheduled design Phase Ib will be eighteen months 0 E May 3, 1994 Evaluate the possibility of extending the new school to include kindergarten through the eighth grade." The following residents addressed the Council: Tony Camejo, 151 Crandon Boulevard; Gloria de la Cruz, 600 Grapetree Drive; Ms. Brody; Jim Irl, 143 East Enid Drive; Ana Rasco, 310 West Heather Drive; Barbara Jacobs, 251 Crandon Boulevard; Martha Broucek, 170 Ocean Lane Drive; Linda Davitian, 720 Mirtlewood Lane; Paulette Skinner, Key -Biscayne Elementary school teacher; Haydee Devaney, 881 Ocean Drive; and Cliff Brody, 180 Harbor Drive. The Council also reviewed the proposed survey questions and made changes. ADJOURNMENT: The meeting was adjourned at 10:15 p.m. Approved this 2( day of Village Mayor , 1994 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAlu 'tR CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL DEED A RECORD OF 273E PROCEEDINGS AND, FOR SUCH: PURPOSE, MAY NEED 2O ENSURE THAT A VERBATIM RECORD OF 273E PROCEEDINGS IS MADE, WHICH RECORD INCLUDES 273E TESTIMONY AND EVIDENCE UPONWHICH THE APPEAL IS TO BE BASED. Page 3 of 3 -MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 10, 1994 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 Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam 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. 4. APPROVAL OF MINUTES: Councilman Fried made a motion adopting the minutes of the regular meeting of April 12, 1994, the minutes of the workshop meeting of April 18, 1994, the minutes of the_ workshop meeting of April 19, 1994, and the minutes of the special meeting of April 26, 1994. The motion was seconded by Vice Mayor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 5. AGENDA: Councilman Sime announced that a teacher appreciation reception will be held on Thursday, May 12th, at 4:15 p.m., and encouraged Councilmembers to participate. 6. SPECIAL PRESENTATIONS: Mayor Festa and the Council presented a copy of Resolution 94-13 to the following members of the former Zoning Code Review Committee: Jorge Mantilla; Patricia Romano; Eduardo Chamorro; and Julie Alvarez. The following members of the couuuittee, who were not present, were also recognized: Wilfredo Borroto; Deborah Deleon; Michael Hill and Deborah Neve. The mayor and Council presented a copy of Resolution 94-14 to the following members of the former Building, Zoning and Planning Department Advisory Committee: Conchita Suarez; Jorge Mantilla; Carol Martinez; and Garver Wilson. The following members; who were not present, were also recognized for their work on the committee: Bonnie Clayton; Jose Ortega and Henry Ovares. Page 1 of 5 May 10, 1994 0 A copy of Resolution 94-17 was presented .to Pedro Perez, of Woolley's Fine Foods, commending their community involvement and participation. The mayor and Council also presented a copy of Resolution 94-18 to the following volunteers who contributed to the success of the Village's Arbor Day celebration: Kathy Martinez and William O'Leary. The following volunteers, who were not present, were also recognized: ' Sheila Cru±; Sharon Lee; Aimee. Sanchez; and Juan Vila. 7. PUBLIC. COMMENTS: Harrison Jones, 251 Crandon Boulevard, addressed the Council regarding the police chief's proposed staffing for the police department. 8. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa opened a public hearing. There were no speakers present. Councilman Fried made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Sime and, adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk announced that the second reading of the ordinance will be held on June 14, 1994, at 7:00 p.m. 9. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING CONTRACT TO SOUTH COAST IRRIGATION, INC., MIAMI, FLORIDA, FOR MAINTENANCE OF VILLAGE -WIDE IRRIGATION SYSTEMS; PROVIDING FOR AN En CTIVE DATE. After brief discussion, the manager requested that the item be withdrawn. Page 2 of 5 0 May 10, 1994 10 REPORTS AND RECOMMENDATIONS:, The following items were discussed: Mayor and Councilmembers. The Council discussed the School Advisory Committee's final draft of the proposed school fact sheet and survey. Gloria De la Cruz, 600 Grapetree Drive, and Dorothy Rider, principal of the Key Biscayne Elementary school, addressed the Council. By consensus, the Council made minor changes to the questionnaire. Mayor Festa made a motion adopting the amended fact sheet and survey. The motion was seconded by Councilman Sime and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting -Yes. Vice Mayor Rasco voted No. Mayor Festa briefly discussed a request by the mayor of Roatan, Honduras regarding the establishment of a sister cities program. Vice Mayor Rasco requested discussion regarding the Village's actions relating to the Cape Florida State Recreation Area playing fields proposal considered in the recent session of the Florida Legislature. The attorney addressed the matter. Steve Simon, 335 Harbor Lane, also addressed the Council. The vice mayor briefly discussed the issueof underground conversion of power lines by FPL. Councilman Sullivan discussed the Village's purchasing policy as it relates to vendors. There was brief discussion regarding the matter. Councilman Sullivan made an inquiry regarding the Council's direction to the manager concerning the preparation for athletic use of the Crandon Boulevard tree -farm property. William O'leary, the Village's, landscape architect, addressed the matter. The landscape architect was directed to prepare an estimate for the cost of grading, sodding and irrigation on the property. Michele Padovan, 425 Grapetree Drive, and Benny Becker, 290 West Mashta Drive, addressed the Council. Village Attorney. The attorney made a presentation regarding the issue of permit parking. After extensive discussion, the Council requested an assessment of leasing land for additional parking, a survey of parking spaces currently available, and a study regarding implementation of permit parking; Village Clerk. The clerk announced that the mayor proclaimed May 20, 1994 as Emergency Medical Services for Children Day. Page 3 of 5 May 10, 1994 The clerk also submitted a copy of correspondence from the Dade County supervisor of elections regarding the fall election schedule. Village Manager. The manager gave an update regarding the Villages beautification projects. Ms. Padovan and Haydee Devaney, 881 Ocean Drive, addressed the Council.: Police Chief Michael Flaherty made a presentation regarding the Village's hurricane plan The chief also .introduced the department's new deputy Chief -- Leo Rosser. The Council discussed the issue of curbing at the post office facility. Councilman Llorente made a motion to proceed with the project and award a contract to Homestead Concrete. The motion was seconded by Vice' Mayor Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers, Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager informed the Council that new basketball courts will not be built at the elementary school due to restrictions imposed by the school board. There was brief discussion regarding the Village engineer's refuse collection study. Mariano Fernandez, of C.A.P. Engineering and Consultants, representing the engineer, addressed the Council. Mayor Festa made a motion that the manager draft specifications for an R.F.P. in this regard. The motion was seconded by Councilman Wald and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager gave brief reports regarding the stormwater utility project, the Fourth of 'July Celebration, and the maintenance responsibility for sidewalks'in the public right -of --ways. The manager and Building, Zoning and Planning Director John Little made a presentation of proposed bus shelters for Crandon Boulevard. Nancy Malloy, 605 Ocean Drive, addressed the Council. By consensus, the Council approved travel for the manager to attend the 80th Annual International City Management Association. Conference, in Chicago, September 17.- 21, 1994. The Council scheduled the following workshop dates: police (June 7, 1994) and stormwater project and Crandon Boulevard tree farm/Harbor Drive presentations (May 31, 1994). Page 4 of 5 0 0 0 May 10, 1994 The following informational reports were submitted to the Council: the monthly departmental reports; the monthly financial statement; a notice from Metro -Dade Park and Recreation Department regarding sea turtles; a letter from Lynn Whisenhunt, Adelphia Cable Communications, regarding customer newsletter, dated April 11, 1994; a letter from the Village Attorney to Metro -Dade county manager, regarding automated toll system at Rickenbacker Causeway, dated April 12, 1994; a letter from Tom Gallagher, Florida's Insurance Commissioner, regarding his agency's strategic plan, dated April 21, 1994; a memorandum from the manager to the Council, regarding grant proposals, dated -April 26, 1994; a memorandum from Mike Sittig, Florida League of Cities, regarding veto letters to the governor, dated May 2, 1994; and a memorandum from the manager to the Council, regarding the Village's newsletter, dated May 3, 1994. 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 11:15 p.m. Approved this 2* day of Village C k Mayor , 1994 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY BMI rr:K CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL WEED A RECORD OF TEE PROCEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD .INCLUDES THE TESTIMONY AAV EVIDENCE UPON WHICH TIE APPEAL IS TO BE BASED. Page 5 of 5 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 17, 1994 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 7:10 p.m. Present were Councilmembers Mortimer Fried, -Raul Llorente, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco (arrived at 7:15 a.m.), and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. AGENDA: There were no changes to the agenda. 4. SCHOOL SURVEY AND FACT SHEET DISCUSSION: The Council gave final approval of the survey and fact sheet and requested that it be distributed in a timely manner. 5. TREE FARM IMPROVEMENTS DISCUSSION: The manager and William O'Leary, the Village's Landscape Architect, made a presentation regarding proposed improvements for the Crandon Boulevard tree farm property. Councilman Llorente made a motion approving disbursements of funds for the following purposes -- based on cost estimate #2 provided by the landscape architect: $15,000.00 for clearing; $110,000.00 for fill; $69,000..00 for three inches of top soil; and $62,000.00 for Bahia sod. The motion was seconded by Councilman Waid. After brief discussion, Councilman Fried offered an amendment that the southern area of the property be prepared with an irrigation system and a playing field and that the northern area be prepared as a meadow. There was no second to the amendment. The following residents addressed the Council: Martha Broucek, 170 Ocean Lane Drive; Conchita Suarez, 201 Crandon Boulevard; Bill Ofgant, 512 Fernwood Road; ands -Tony Camejo, 151 Crandon Boulevard.,,„, The Llorente motion failed on a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voted No. Page 1 of 2 May 17, 1994 Councilman Sullivan made a motion directing the manager to prepare a bid document and accurate cost estimate based on the landscape architect's cost estimate #1. The motion was seconded by Councilman Waid and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, and Vice Mayor Rasco voting Yes. Mayor Festa voted NO. 6. BUDGET DISCUSSION: There was extensive Council discussion regarding the fiscal year 1994 (FY 94) budget. The manager made a brief presentation regarding a comparison of the FY 94 budget and the proposed fiscal year 1995 (FY 95) budget. The Council reviewed each department's current goals and objectives and the FY 95 proposed goals and objectives. Ed Meyer, 100 Sunrise Drive, addressed the Council. 7. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. 0 Approved this 29 day of . , 1994 Village a erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA:tieli CONSIDERED AT A MEETING OR HEARING, TEAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY AWED TO ENSURE ' THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TT•:STI10NY AND EVIDENCE UP011T WHIG 772 APPEAL IS TO BE BASED. Page 2 of 2 M INUTE S SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 24, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TOEORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco (arrived at 7:10 p.m.), and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. MINUTES: Councilman Fried made a motion approving the minutes of the -workshop meeting of May 3, 1994, the minutes of the regular meeting of May 10, 1994, and the minutes of the workshop meeting of May 17, 1994. The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 4. AGENDA: The manager requested that items 7-A-1 (zoning hearing 94 -VC -5-1) and 7-A-2 (zoning hearing 94 -VC -5-2) be deferred to the meeting of June 21, 1994. Councilman Sullivan requested discussion relating to Ordinance 92-11 -- the Villages building moratorium. Attorney Weiss requested that item 7-B be withdrawn at this time pending further administrative review. Kim Taylor, 800 Crandon Boulevard, and Camille Guething, 260 Seaview Drive, addressed the Council. Mayor Festa made a motion approving the agenda changes. The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 5. ORDINANCES: There were no ordinances considered by the Council. 6. RESOLUTIONS: There were no resolutions considered by the May 24, 1994 7. BUILDING, ZONING AND PLANNING: The following hearing was held before the Council: Zoning Hearing Number 94 -3 -VC -2: 200 Palms Corporation, the applicant, 200 Crandon Boulevard, requested a waiver from Ordinance 92-11 (building moratorium). Building, Zoning and Planning Director Jobn Little recommended deferral of the item to allow the Village's planner time to further review the application. Maria Valls, 200 Crandon Boulevard, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. The following residents addressed the Council: Richard Hodges, 255 Glenridge Road; Edward Stone, 145 Hampton Lane; and Bill Ofgant, 512 Fernwood Road. Councilman Llorente made a motion waiving the building moratorium. The motion was seconded by Councilman Fried. After extensive discussion, the motion was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan,. Waid, and Mayor Festa voting Yes. Vice Mayor Rasco voted No. Director Little also submitted a report regarding code violations at the following properties: 750 Ocean Drive; 560 Crandon Boulevard; 20 West McIntyre Street, 724 Crandon Boulevard; and 604 Crandon Boulevard. In response to the director's report, the attorney was directed to review the construction trailer policy adopted by the Board of Trustees at; their meeting of May 26, .1992. 8. REPORTS AND RECOMMENDATIONS; The following items were discussed: Mayor and Councilmembers. Mayor Festa discussed correspondence he received from Sharpe James, president of the National League of Cities, regarding Flag Day, as well as a letter from Governor Lawton Chiles regarding playing fields at Cape Florida State Recreation Area The mayor also advised the Council that the Metro -Dade County Commission was considering rescinding its resolution supporting the Village's efforts in obtaining land,for playing fields at Bill Beggs Cape Florida State Recreation Area. Ke11ie Westervelt, 124 Southwest South River Drive, Miami, and Bonnie Cooper, 77 Crandon Boulevard, addressed the Council. Vice Mayor Rasco stated his concerns regarding the planning process for the Crandon Boulevard tree farm property. The Council discussed the matter: Page 2 of 4 0 0 May 24, 1994 Councilman Sullivan stated that Ordinance 92-11's building moratorium provisions expire on June 1, 1994. Councilman Llorente made a motion directing the attorney to prepare an ordinance extending that date. The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Village Attorney. The attorney reported that the trial regarding the Village's stormwater utility begins tomorrow. The attorney also reported that the county commission deferred its decision regarding the proposed Seaquarium master plan issue to its meeting of June 7th. Village Clerk. The clerk did not submit a report. Village Manager. The manager submitted the following informational reports for the Council's review: an invitation from the Dade League of Cities for a testimonial dinner on June 3, 1994; a letter from Wayne and Linda Manla, 121 Island Drive, regarding the 800 Crandon Boulevard property, dated May 16, 1994; a letter from the Village Attorney, regarding the Grand Bay Project, dated May 16, 1994; a letter from Armando Vidal, of Metro -Dade County's public works department, regarding proposed revisions to the county's impact fee ordinance, dated May 13, 1994; a letter from Pete Difilippi, of FPL, regarding non -binding cost 'estimate for conversion of overhead electric utilities, dated May 9, 1994; a letter to'the Village Attorney, from Doug Weiser, of the Grand Bay Hotel, regarding the Grand Bay project, dated May 5, 1994; and a memorandum from Priscilla Dawson, of the Florida League of Cities, regarding the Quality Cities magazine advertisement, dated May 5, 1994. There was brief discussion regarding the impact fees ordinance and Grand Bay Hotel project items. 9. OTHER BUSINESS/GENERAL DISCUSSION: At this time, Director Little introduced the Village's new planner -- Raul Lastra. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 11. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. Page 3 of 4 May 24, 1994 Approved this i‘{t4 day of , 1994 Village C'Ilsr, Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAr.c.tR CONSIDERED AT A MEZITNG OR ;HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 4 of 4 MINUTES SPECIAL VII 1 AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 24, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDERIROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 pm. Present were Councilmembers Mortimer Fried, Raul Llorente, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco (arrived at 7:10 p.m.), and Mayor John Festa. Councilman Betty Sim was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. MINUTES: Councilman Fried made a motion approving the minutes of the workshop meeting of May 3, 1994, the minutes of the regular meeting of May 10, 1994, and the minutes of the workshop meeting of May 17, 1994. The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 4. AGENDA: The manager requested that items 7-A-1 (zoning hearing 94 -VC -5-1) and 7-A-2 (zoning hearing 94 -VC -5-2) be deferred to the meeting of June 21, 1994. Councilman Sullivan requested discussion relating to Ordinance 92-11 -- the Village's building moratorium. Attorney Weiss requested that item 7-B be withdrawn at this time pending further administrative review. Kim Taylor, 800 Crandon Boulevard, and Camille Guething, 260 Seaview Drive, addressed the Council. 1 of 4 May 24, 1994 Mayor Festa made a motion approving the agenda changes. The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. ORDINANCES: There were no ordinances considered by the Council. RESOLUTIONS: There were no resolutions considered by the Council. 7. BUILDING, ZONING AND PLANNING: The following hearing was held before the Council: Zoning Hearing Number 94 -3 -VC -2: 200 Paims Corporation, the applicant, 200 Crandon Boulevard, requested a waiver from Ordinance 92-11 (building moratorium). Building, Zoning and Planning Director John Little recommended deferral of the item to allow the Village's planner time to further review the application. Maria Valls, 200 Crandon Boulevard, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. The following residents addressed the Council: Richard ,;Hodges,; 255 Glenridge Road; Edward Stone, 145 Hampton Lane; and Bill Ofgant, 512 Fernwood tRoad. Councilman Llorente made a motion waiving the building moratorium. The motion was seconded by Councilman Fried. After extensive discussion, the motion was adopted by a 5 - 1 roll call -vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, .and Mayor Festa voting Yes. Vice Mayor Rasco voted No. Director Little also submitted areport regarding code violations at the following properties: 750 Ocean Drive; 560 Crandon Boulevard; 20 West McIntyre Street; 724 Crandon Boulevard; and 604 Crandon Boulevard. In response to the director's report, the attorney was directed to review the construction trailer policy adopted by the Board of Trustees at their meeting of May 26, 1992. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Festa discussed correspondence he received from Sharpe James, president of the National League of Cities, regarding Flag Day, as well as a letter from Governor Lawton Chiles regarding playing fields at Cape Florida State Recreation Area. The mayor also advised the Council that the Metro -Dade County Commission was considering rescinding its resolution supporting the Village's efforts in obtaining land for playing, fields at Bill Baggs Cape Florida State Recreation Area. Kellie Westervelt, 124 Southwest South River Drive, Miami, and Bonnie Cooper, 77 Crandon Boulevard, addressed the Council. 2 of 4 Q May 24, 1994 Vice Mayor Rasco stated his concerns regarding the planning process for the Crandon Boulevard tree farm property. The Council discussed the matter. Councilman Sullivan stated that Ordinance 92-11's building moratorium provisions expire on June 1, 1994. Councilman Llorente made a motion directing the attorney to prepare an ordinance extending that date. The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Village Attorney. The attorney reported that the trial regarding the Village's stormwater utility begins tomorrow. The attorney also reported that the county commission deferred its decision regarding the proposed Seaquarium master plan issue to its meeting of June 7th. Village Clerk. The clerk did not submit a report. Village Manager. The manager submitted the following informational reports for the Council's review: an invitation from the Dade League of Cities for a testimonial dinner on June 3, 1994; a letter from Wayne and Linda Manla, 121 Island Drive, regarding the 800 Crandon Boulevard property, dated May 16, 1994; a letter from the Village Attorney, regarding the Grand Bay Project, slated May 16, 1994; a letter from Armando Vidal, of Metro -Dade County's public works department, regarding proposed revisions to the county's impact fee ordinance, dated May 13, 1994; a letter from Pete Difilippi, of FPL, regarding non -binding cost estimate for conversion of overhead electric utilities, dated May 9, 1994; a letter to the Village Attorney, from Doug Weiser, of the Grand Bay Hotel, regarding the Grand Bay project, dated May 5, 1994; and a memorandum from Priscilla Dawson, of the Florida League of Cities, regarding the Quality Cities magazine advertisement, dated May 5, 1994. There was brief discussion regarding the impact fees ordinance and Grand Bay Hotel project items. 9. OTHER BUSINESS/GENERAL DISCUSSION: At this time, Director Little introduced the Villages new planner -- Raul1astra. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public. 11. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. Approved this day of . 1994 3 of 4 IF A 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE 'TESTIMONY AND EVIDENCE, UPON IICTI THE APPEAL I5 TO BE BASED. 4of4 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 31, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR i. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. AGENDA: Councilman Llorente requested that resident Jim O'Neil be permitted to show a video tape presentation regarding the noise problems at the L'Esplanade property. Mayor Festa requested discussion regarding an Islander News item relating to the Recreation Department. Councilman Sullivan requested discussion concerning the Chowder Chompers and their need for a bandstand. The mayor also requested brief discussion regarding Flag Day. By unanimous consent, the changes to the agenda were approved. Jim O'Neil, 210 Seaview Drive, presented a video tape highlighting the noise problems created by the post office facility at the L'Esplanade property. David Crow, 210 Seaview Drive, representing the Cape Florida Condominium Association, addressed the Council on the matter. Building, Zoning and Planning Director John Little responded to inquiries by the Council. Mayor Festa briefly discussed an article in the Islander News regarding the cancellation of classes by the Recreation Department. Councilman Sullivan stated that the Chowder Chompers are seeking funding for the purchase of chairs and repairs to their bandstand. The manager indicated that he will provide the organization with an application for the Village's grant program. 4. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE 92-11 (BUILDING MORATORIUM) BY EXTENDING THE TERM OF THE BUILDING MORATORIUM; PROVIDING FOR SEVERABILITY AND AN renf,CTIVE DATE. Page 1 of 3 May 31, 1994 0 Maycr Festa opened the public hearing. Wayne Manlin, 121 Island Drive, addressed the Council. Vice Mayor Rasco made a motion adopting the ordinance on first reading. Themotion was seconded by Mayor Festa and adopted by a 6 - 0 roll call vote. The vote was, as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk announced that the second reading of the ordinance will be held on June 14, 1994, at. 7:00 p.m. 5. SPECIAL PRESENTATIONS: The following items were discussed: Tony Nolan, of Williams, Hatfield and Stoner, Inc., made a brief presentation regarding the Village's stormwater sewer project. Mariano Fernandez, of C.A.P. Engineering and Consultants, also addressed the Council regarding discussions with the Miami -Dade Water and Sewer Authorityconcerning' the replacement of existing waterlines. There was extensive Council discussion regarding the proposed project. The attorney announced that the Village was successful in court defending a` challenge to the stormwater utility ordinance. Roger Schluntz, dean of the University of Miami School of Architecture, presented to the Council the university' s final report regarding proposals for use of the. Crandon Boulevard tree farm property. The following residents addressed the Council: Elaine Gross, 211 Island Drive; Bonnie Cooper, 77 Crandon Boulevard Luis Alcebo, 425 Grapetree Drive; and Martha Broucek, 170 Ocean Lane Drive: Dean Schluntz also made a presentation regarding a streetscape study of Fernwood Road, West Mashta Drive and Harbor Drive. The following residents addressed the Council: Ray Herrera, 310 Fernwood Road; Bill Ofgant, 512 Fernwood Road; Ms. Cooper; Jaime Kirkpatrick, 628 Fernwood Road Tony Camejo, 151 Crandon Boulevard; Michele Padovan, 425 Grapetree Drive; Ms. Broucek; and Bienvenido Benach,. 270 Cypress Drive. 6. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. Page 2 of 3 0 Approved this 1 trk day of c' ""Q , 1994 Village C k Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAia& 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 3 of 3 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE,- FLORIDA TUESDAY, JUNE 7, 1994 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, Betty Sime (arrived at 7:10 p.m.), Raymond Sullivan, John Waid, and Mayor John Festa. Councilman Mortimer Fried and Vice Mayor Joe Rasco were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. AGENDA: The attorney requested discussion of the Seaquarium litigation matter. The mayor requested brief discussion regarding a study completed by the University of Miami concerning the public school. The manager requested discussion regarding activities on Flag Day. Mayor Festa made a motion approving the changes to the agenda. The motion was seconded by Councilman Sullivan and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. The attorney reported that the county commission was considering the Seaquarium's application to amend the county's comprehensive master plan at today's commission meeting. The mayor briefly discussed a study completedby the University of Miami School of Architecture regarding plans for a new public school. Bill Ofgant, 512 Fernwood Road, addressed the Council. The manager stated that Flag Day activities on June 14th begin at 6:30 p.m. and requested that the start time of the Council's meeting of that date be rescheduled to 7:30 p.m. There was no objection from the Council. 4. DISCUSSION REGARDING POLICE DEPARTMENT: Police Chief Michael Flaherty made a presentation to the Council regarding various aspects of his department's activities. The following residents addressed the Council: Bill Ofgant, 512 Fernwood Road; Michele Padovan, 425 Grapetree Drive; Harrison Page 1 of 2 Jones, 251 Crandon Boulevard; ; Haydee Devaney, 881 Ocean Drive; Cliff Brody, 180 Harbor Drive;' and Luis Alcebo, 425 Grapetree Drive. The chief answered several inquiries from the Council and public. 5. ADJOURNMENT: The meeting was adjourned at 10:00 p.m. Approved this 11 day of LLI u — , 1994 Village Clkrk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA2 X 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 V.E2ZBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AAA EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 14, 1994 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 7:30 p.m. Present were Councilmembers Raul Llorente, Betty Sime, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Councilmembers Mortimer Fried and Raymond Sullivan were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Attorney Weiss gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF MINUTES: Mayor Festa requested that the minutes - of.the special meeting of May 24, 1994 be corrected on page 2 of 4 to state that the county commission was considering rescinding its resolution, urging the state to provide land at Cape -Florida State Recreation Area -for the Village to use as ball fields. Mayor Festa made a motion adopting the amended minutes of the special meeting of May 24, 1994, the minutes of the special meeting of May 31, 1994, and the minutes of the -workshop meeting of June 7,-1994. The motion was seconded by Councilman Waid and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, Vice Mayor Rasco,"and Mayor'Festa voting Yes. 5. AGENDA: The vice mayor requested discussion regarding the Recreation Department (Item 10-A-2). The mayor requested discussion regarding the Village's comprehensive master plan. Mayor Festa made a motion accepting the agenda changes. The motion was seconded by Councilman Sime ,and adopted by a 5 - 0 voice vote. The -vote was as follows: Councilmembers Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes: 6. SPECIAL -PRESENTATIONS: William O'Leary, the Village's landscape. architect, made a presentation regarding the Crandon Boulevard tree farm project. The following residents addressed the Council: Bonnie Cooper, 77 Ocean Lane Drive; Martha Broucek, 170 Ocean Lane Drive; and Bill Ofgant, 512 Fernwood Road. After extensive discussion, Vice Mayor Rasco made a motion directing the manager to prepare a bid document, as per the specifications outlined in O'leary's "Tree Farm Park Cost Estimate Preliminary Page 1 of 6 Plan" dated June 14, 1994, and accept bids on the project. The motion was seconded by councilman Llorente and adopted by a 4 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, and Vice Mayor'Rasco voting Yes. Mayor Festa voted No. 7. PUBLIC COMMENTS: There were no speakers present. 8. ORDINANCES: The clerk read the following ordinance, on second reading, by title:' AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA. PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS. PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES; : PROVIDING FOR SEVERABILITY, INCLUSION IN TS'CODE AND .AN EFFECTIVE DATE. Mayor Festa opened the public hearing. Cesar Mazzotta, 121 East Enid Drive, and` Ray Herrera, 310 Fernwood Road, addressed the Council. After brief discussion, Mayor Festa made a motion adopting the ordinance on second reading. The motion was seconded, by Vice Mayor Rasco and , adopted by a 4 - 1 roll call vote The vote was as follows: Councilmembers Llorente, Sine, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Waid voted No. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE 'VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE 92-11 (BUILDING MORATORIUM) BY EXTENDING THE TERM OF TFP BUILDING MORATORIUM PROVIDING FOR SEVERABILITY AND AN;15.MKr,CTIVE DATE`. The mayor opened the public hearing. There were no speakers present. Councilman Llorente made a motion adopting the ordinance on second reading. The motion was' seconded by Mayor Festa and adopted by a 9 - 0 roll call vote. The, vote was as follows: Councilmembers Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. At this time, at the request of a resident, 'the mayor opened the floor for public comments_ Peter Ballen, 251 Crandon Boulevard, addressed the 'Council regarding fishing prohibitions imposed, by county'ordinances. The Council directed' the attorney to prepare a draft ordinance addressing the matter for review at the next meeting. Page 2 of 6 were no resolutions considered by the 10. REPORTS AND RECOMMENDATIONS:`' The following reports were discussed: Mayor and Councilmembers. Councilman Sime discussed the county commission's action regarding the Seaquarium's master plan amendment application. The attorney was directed to prepare a' resolution expressing the Council's opposition to the Seaquarium's application. Vice Mayor Rasco discussed the need for the establishment of -a Village collection center "for goods to .be sent to communities recovering from natural disasters. Mayor Festa .briefly discussed the Village's status regarding adoption of the comprehensive master plan. Village Attorney. The attorney briefly discussed the county's offer for settlement on the.Lipton lawsuit. Helen White, 241 East Enid Drive, addressed the Council. Villacge'Clerk. The clerk presented the following proclamations issued by the mayor: Safe Boating Week (June 5 - 11, 1994); Flag Day (June 14, 1994); and Recreation and Parks Month (July 1994). Village Manager. The manager updated the Council on the county's proposed street lighting improvement program for Crandon Boulevard. He stated that the .approximate cost to the Village is $240,000.00. Councilman Sime. made a motion adopting the manager's proposal regarding new lighting on Crandon Boulevard. The motion was seconded by Vice Mayor Rasco and failed on a 2 - 3 voice vote. Councilman Sime and Vice Mayor Rasco voting Yes. Councilmembers Llorente,.Waid and Mayor Festa voted No. The manager briefly discussed the Village's occupational license program and the possible appointment of an equity study committee' to review the license fee structure. The manager reported On the following aspects of the Village's beautification program: Crandon Boulevard project; street tree - planting program; re -sodding program; and neighborhood landscaping program. Mayor Festa made a motion awarding a contract to Salman Maintenance, 14775 Southwest 81 Street, Miami, for general landscape maiiitenande' as follows: items 1-12 (as outlined in the bid document) in the. amount of approximately $117,000.00; item 14 (solid sod) at a cost Page 3 of 6 June 14, 1994 of $0.1854 per square foot; item 15 (stump removal) at a cost of $45.00 per stump; and item 17 (reset trees) at a cost of $9.00 per tree. The motion was seconded by Councilman Llorente and: adopted by, a 5 --.0 voice vote:. The vote was as, follows: Councilmembers Llorente, Sims, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes.' Mayor Festa made a motion awarding, a contract to Gorgeous Lawns and Gardens, 19495 Southwest 210 Street, Miami, for general landscape maintenance as follows; ,item 13 (maintenance person) at a cost of $15.00.pex hour and item -16 (tree removal), at a cost of $100..00 per tree. The motion wasseconded`by Councilman Llorente and adopted by,a 4 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, and Mayor Festa voting'Yee.. Vice Mayor Rasco was absent during the vote. Mayor Festa made . motion awarding a contract to Turf Management, 17635 South Dixie Highway, Miami, for maintenance of the" tree farm property in the amount of $6,950.00. The motion was seconded by Councilman Sime and adopted by a 4 - 0 - 1 voice vote. The vote was as follows: Councilmeitbers Llorente, Sime, Waid, and Mayor Vesta` voting Yes. Vice Mayor Rasco was absent during' the vote. The manager gave a brief report regarding the stormwater utility project:' The manager and Building, Zoning and Planning' Director John Little made a presentation regarding proposed public bus shelters. Joyce Olivero, 203 East Enid Drive, addressed the Council. The manager and attorney discussed the Village's maintenance responsibility for sidewalks in the public right-of-ways. The manager discussed parking in the Ocean Drive area. The following residents addressed the Council: Alma Trapollini, 650 Ocean Drive; Jorge Leser, 255 Sunrise Drive;" Eduardo Blanco, 145 East,Enid Drive; Lou Thomas, 159 East Enid Drive; Greg Willis, 151 East Enid Drive;' Dulce Castilla, 650 Ocean Drive; Cesar Mazzotta, 121 East Enid Drive; Helen White, 241 East Enid Drive Maria Gutierrez, 117 East Enid Drive; Radcliff' Bond, 109 East Enid Drive; and Michele Padovan, 425 Grapetree Drive. After extensive discussion, Vice Mayor Rasco made a motion directing the Building, Zoning and Planning Department to study the matter and prepare a recommendation regarding parking for the area. The motion was seconded by Mayor Festa and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager requested a date for a meeting to review the Development Page 4 of 6 Tract Review of the Grand Bay project. Doug Weiser, 3250 Mary Street, representing the Grand Bay project, addressed the Council. The meeting was scheduled for Monday, August 1, 1994, at 7:30 p.m. The manager submitted the following informational reports: the monthly departmental reports; the monthly financial statement; a memorandum from the Fire Rescue Chief, regarding the South Florida Urban Search and Rescue Task Force drill, dated May 18, 1994; a letter from Jerry Santeiro, Florida Power and Light, regarding electric service to the Village, dated May 24, 1994; a letter from John Anderson, Beacon Council, regarding the organization, dated May 26, 1994; a copy of the judge's, ruling in the case of Key Colony, et al., v. Village of Key Biscayne, dated May 31, 1994; a letter from Joel Robbins, Dade County Property, Appraiser, regarding 1994 assessment roll, dated June 1, 1994; a memorandum from the Finance Director, regarding ad valorem taxes, dated June 1, 1994; a letter from Jeffrey Bunting, Metro -Dade Aviation Department, regarding noise abatement efforts, dated June 1, 1994, a letter from the Village Attorney, to John Fletcher, regarding Village of Key Biscayne adv. Key Colony, dated June 3, 1994; a letter from Hernan Garces, Metro -Dade County Public Works Department, regarding beach vegetation project, dated June 6, 1994; a memorandum from the manager, to department heads, regarding state-wide hurricane drill, dated June 7, 1994; a memorandum from Deputy Police Chief, regarding complaints of noise at post office, dated June 9, 1994; a letter from Debbie Gomberg, Huntington's Disease Society of America,: regarding triathlon, and a copy of the village Council's short term goals The mayor inquired about the Police Department's policy regarding fees for responses to repeated false alarm calls at businesses -and residences. Deputy Police Chief Leo Rossiter addressed the Council. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 10:55 p.m. Page 5 of 6 June 14, 1994 IF A 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 IUD TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THS APPEAL IS TO BEBASED. Page 6 of 6 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 28, 1994 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, Betty Sime,Raymond.Sullivan, John Waid (arrived at 7:05 p.m.),.Vice Mayor Joe Rasco (arrived at 7:10 p.m_), and Mayor John Festa. Councilman Mortimer Fried was absent. Also present were, Village, Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Joseph Serota. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. APPROVAL OF MINUTES: Mayor Festa made a motion adopting the minutes of the meeting of June 14, 1994. The motion was seconded by Councilman Sime and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 4. AGENDA: Councilman Sime requested discussion concerning skaters. The manager requested discussion the Independence Day fireworks show. The changes to the agenda were adopted by unanimous consent. 5. SPECIAL PRESENTATION: Martha Broucek, Vice Chairman of the School Advisory Committee, introduced Jorge Hernandez, of the University of Miami, who made a presentation regarding potential school facility options. Dick Henderson, 276 Westwood Drive, and Ray Herrera, 310 Fernwood Road, addressed the Council. 6. ORDINANCES: There were noordinances considered by the Council. 7. RESOLUTIONS: The clerk read the following resolution by title: RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA URGING THE STATE OF FLORIDA TO OBJECT TO THE AMENDMENT TO THE DADE COUNTY COMPREHENSIVE PLAN RELATIVE TO THE MIAMI SEAQUARIUM EXPANSION AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 7 June 28, 1994 After brief discussion, Councilman Sime made a motionadopting the resolution.` The motion was seconded by Vice Mayor Rasco. Resolution 94-19 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers,`Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 8. BUILDING, ZONING AND PLANNING: The following hearings were held: Hearing Number 94 -05 -VC -1` Key Associates, Inc., the applicant, 38 Crandon Boulevard/ ,"requested the following: waiver from Ordinance 92-11'(auilding Moratorium); non-use, variance of setback requirement;` non -use -variance of zoning regulations; non-use variance of sign regulations; and non-use variance of landscaped open space requirements.` Building, Zoning and Planning Director John Little stated his recommendation for approval of the request subject to specified conditions. Peter Priviti, 5825 Sunset Drive, Miami, representing the applicant, addressed the Council Mayor Festa opened the public hearing. Bill Ofgant, 512 Fernwood Road, and Ray Herrera, 310 Fernwood Road, addressed the Council. After extensive discussion, Vice Mayor Rasco made a motion adopting staff's recommendation. The motion was seconded by Mayor Festa. Mayor Festa offered an amendment that the applicant's landscaping cost be equal to the percentage otherwise required on the applicant's property. The motion was. seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows:- Councilmembers Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sime. offered an amendment that the sign be lit by external means. The -motion was seconded by Councilman Sullivan and failed on a 2 - 4 voice vote. The vote was as follows: Councilmembers Sime and Sullivan voting Yes.. Councilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voted No. Page 2 of 7 June 28, 1994 Councilman Sullivan offered an amendment that the sign request be considered on a separate vote. The motion was seconded by Mayor Festa and failed on a 3 - 3 voice vote. The vote was as follows: Councilmembers Sime, Sullivan and Mayor Festa voting Yes. Councilmembers Llorente, Waid and Vice Mayor Rasco voted No. The amended Rasco motion was -adopted by a 5,- 1 -roll call vote. The vote was -,as follows: Councilmembers Llorente, Sime, Waid, Vice Mayor Rasco, 'and Mayor Festa.voting Yes. Councilman Sullivan voted No. Hearing Number 94 -05 -VC -2: Anthony F. Greco and Joann Greco, the applicants, 530 Crandon Boulevard, requested the following: waiver from Ordinance 92-11 (Building Moratorium); non-use variance of. setback requirements; permit proposed -metal canopy; non-use variance of zoning regulations; non-use variance of sign regulations; and non-use variance of landscape open space requirements. Director Little submitted his recommendation for. approval of the application subject to specified conditions. Mack Melvin, 2701 South Bayshore Drive, representing the applicant, addressed the Council. The mayor opened the public hearing. Bill Ofgant, 512 Fernwood Road, and Federico Padovan, 425 Grapetree Drive, addressed the, Council. After extensive discussion, Mayor Festa made a motion adopting staff's recommendation. The motion was seconded by Vice Mayor Rasco. Mayor Festa offered an amendment to include a provision restricting the number of overnight vehicles on the property to five. The motion was seconded by Councilman Sullivan and adopted, by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Vice Mayor Rasco, and. Mayor Festa voting Yes. Councilman Waid voted No. The amended Festa motion was adopted.by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Page 3 of 7 June 28, 1994 9. REPORTS AND RECOMMENDATIONS: The following items were considered: Mayor and Councilmembers. The mayor briefly discussed the following items requiring Council review at future meetings: personnel manual; ' status of public works projects (traffic study, Harbor/Crandon roadway paving and St: Agnes swale area); raccoon problem, Calusa.Park (swing sets); lease agreement with School'Board, sign ordinance; administrative variance ordinance; and Fernwood/Harbor stop signs:. The vice mayor also requested that the V.M.S. abandoned villas issue be reviewed.. Councilman Sime announced that the Local Planning Agency will. meet on Tuesday, July. 5th. It was the consent of the Council: that the attorney request a 60 - 90 day extension from the Department of.'Cbmmunity Affairsregarding the. adoption of the comprehensive (master) plan, Councilman Sime discussed the safety and traffic problems caused by skaters in the Village. Mabel Miller, 210 Seaview Drive, addressed One Council_ Councilman Sime also discussedthe issue of ball fields. She stated that the Village should pursue the Virginia Key option. The attorney discussed a deed requiring the City of Miami to maintain a certain property on Virginia Key as a park, Mabel Miller, .'210 Seaview Drive, and Helen -White, 241 East Enid Drive, addressed`, the Council_ Village Attorney. The attorney discussed the fishing ordinance requested by the Council at its last meeting. He stated that Florida state statutes prohibit municapalities from enacting ordinances relating to saltwater fishing. Councilman Waid made a. motion that the "no fishing" statement be removed from the signs located on the beach_ The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers.Llorente, Sime, Sullivan, Wald, Vice Mayor Pasco, and Mayor Festa voting Yes. Village Clerk. The clerk notified the Council of the state's July 1st' deadline regarding the filing of, financial disclosure forms. Page 4 of 7 June 28, 1994 The clerk stated that the qualifying period for the 1994 municipal elections will begin at 12:00 noon on August 10th and end at 12:00 noon on August 20th. Village Manager. The manager introduced Garfield Perry, representing Dade County' -s Public Works Department, who addressed the Council regarding the Crandon Boulevard Street Lighting Improvement program. The following residents addressed the Council -regarding the project: Michael Kahn, 881OceanDrive; Martha Broucek, 170 Ocean Lane Drive; and Bill:Ofgant, 512 Fernwood Road. Mayor Festa made a motion to reconsider the vote by which the Council rejected the manager's recommendation regarding lighting for Crandon Boulevard at the June 14th meeting.. The motion was seconded by Vice Mayor Rasco and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Sime,-Sullivan,-Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Waid voted No. Mayor Festa made a motion adopting Option 3, as outlined in the consultant's documentation, for lighting on Crandon Boulevard at a cost to the Village of $240,000.00. The motion was seconded by Councilman-Sime. Mayor Festa offered an amendment that -the all reasonable efforts be made by county -to achieve Option -4-. The amendment was adopted by unanimous consent. The amended -motion was adopted by a 5 - 1 voice vote. The Vote was as follows: Councilmembers Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting -Yes. Councilman Waid voted No. Manager Kissinger informed the Council that the county will be re-pavingCrandon Boulevard in the near future. The manager briefly discussed the formation of an Occupational License`EquitytStudy-Commission. It was the consent of the Council` to defer the matter until September. The manage -t and Director Little presented a brief report regarding parking in'the Ocean Drive area. The director requested additional time to further study the matter.- Mayor Festa made a motion directing the police chief not to enforce the "no parking" signs on East Enid Drive until such time as the Council further reviews the matter. The motion was seconded by Vice Mayor Rasco. Alma Trapollini, 650 Ocean Drive, and Cesar Mazaotto, 121 East Enid Drive, addressed the Council. The Festa motion failed on a 3 - 2 - 1 voice vote. The vote was as Page 5 of 7 June 28, 1994 follows: Councilmembers Llorente, ei*re, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sime and Sullivan voted No.. Councalman Waid was absent during the vote. Mayor Festa made a motion authorizing the Village Manager to execute an access and indemnification agreement with VSLF II Key Biscayne 'Hotel Corporation in connection with the Village's fireworks display` on their property on July 4, 1994. The motion. was secondedby, Councilman Sullivan and„adopted;by a 5 - 0 - 1 voice vote,. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Counci=lman, Waid was absent during, the vote,: The manager submitted the following; informational reports: 'a letter to the mayor from Sheila Cruse, of. Sts Agnes Academy, regarding Flag Day activities,, dated June 17, 1994 and an invitationtothe. Florida League of Cities 68th Annual Convention_ 10. OTHER BUSINESS/GENERAL DISCUSSION_ Mayor Festa announced the nomination of Dennis Ohara as,a special master. Mayor Festa made a motion appointing Dennis Ohara as a special master for a one year term. The motion was seconded by Councilman Sime and adopted by a: 6"- 0 ,voice vote. The vote was as follows: Councilmembers.,L1orente, SLme, Sullivan,, Waid, Vice. Mayor Rasco, and Mayor Festa voting"Yes . At this time, Councilman Sime made a motion to reconsider Mayor Festa's motion regarding the no parking" signs on East Enid Drive. The motion was seconded by Mayor Festa and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman; Sullivan voted No. The. original Festa motion, directing the police chief not to enforce the "no parking" signs on East Enid Drive, was then adopted on a 4 - 2' voice vote. The vote was as follows: Councilmembers Llorente, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes Councilmembers Sime and Sullivan voted No. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. Page 6 of 7 June 28, 1994 12. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. Approved this I2 day of J �H , 1994 Village ark Mayor IF A 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 D� A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 7 of 7 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 12, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Vice Mayor Rasco at 7:05 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan (arrived at 7:10 p.m.), John Waid, and Vice Mayor Joe Rasco. Mayor John Festa was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: The Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Vice Mayor Rasco led the Pledge. 4. APPROVAL OF MINUTES: Vice Mayor Rasco made a motion adopting the minutes of the meeting of June 28, 1994. The motion was seconded by Councilman Sime and adopted by a 4 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Wald, and Vice Mayor Rasco voting Yes. Councilman Fried, who was absent at the meeting of June 28th, abstained. 5. AGENDA: The attorney requested deferral of the resolution authorizing a settlement in the lawsuit entitled Village of Key Biscayne vs. Dade County (Item 9-E). Vice Mayor Rasco requested discussion regarding the clerk (Item 10-A-5). The agenda changes were adopted by the unanimous consent of the Council. 6. SPECIAL PRESENTATIONS: There were no presentations scheduled. 7. PUBLIC COMMENTS: Michele Padovan, 425-Grapetree Drive, commended the Council on the Village's recent fireworks presentation on Independence Day. Ms. Padovan also expressed her concerns regarding the preservation of sea turtles on the beaches. Tim Jennings, 200 Hampton Lane, requested the Council's review of the possibility of establishing a skating area for Village residents. 8. ORDINANCES: There were no ordinances considered by the Council. Page 1 of 6 July 12, 1994 9. RESOLUTIONS: The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MI LAGS RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS AS REQUIRED BY LAW; DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resoluion. The motion was seconded by Councilman Sime. Bill Ofgant, 512 Fernwood Road, addressed the Council After extensive discussion, Resolution 94-20 was adopted by a 5 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Vice Mayor Rasco voting Yes. Councilman Waid voted No. The clerk read the following resolutions by title: A RESOLUTION 07 THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER. INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion adopting each resolution. The motion was seconded by Councilman Fried. Resolutions 94-21 and 94-22 were adopted by a 6 - 0 voice vote. The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING CONTRACT TO GRINNELL CORPORATION, HIALEAH, FLORIDA, FOR FIRE SPRINKLER SYSTEM INSTALLATION AT EMERGENCY SERVICES COMPLEX; PROVIDING FOR AN. EFFECTIVE DATE. Page 2 of 6 0 July 12, 1994 Vice Mayor Rasco made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 94-23 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes. At the request of the attorney, the following resolution was deferred: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE EXECUTION OF -APPROPRIATE DOCUMENTS FOR THE PURPOSE OF RESOLVING THE LAWSUIT ENTITLED VILLAGE OF KEY BISCAYNE VS. DADE COUNTY, CASE NO. 90-61564CA32, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING FOR AN EFFECTIVE DATE. 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 AGREEMENT WITH A PART -TIME -CONTRACT EMPLOYEE TO SERVE AS A LANDSCAPE MAINTENANCE CONTRACT SUPERVISOR; DEFINING DUTIES; PROVIDING FOR AN EFFECTIVE DATE. Councilman Waid made a motion adopting the resolution. The motion was seconded by Councilman Llorente. Resolution 94-24 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH DAVID VOLKERT & ASSOCIATES, INC., MIAMI, FLORIDA, FOR ENGINEERING SERVICES FOR THE VILLAGE PORTION OF THE COST OF THE CRANDON BOULEVARD ROADWAY LIGHTING IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilman Llorente made a motion adopting the resolution. The motion was seconded by Councilman Waid. Resolution 94-25 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes. The clerk read the following resolution by title: Page 3 of 6 July 12, 1994 0 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH RACHLIN & COHEN CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS, CORAL GABLES, FLORIDA, FOR THE PERFORMANCE OF FINANCIAL AND COMPLIANCE AUDITS OF VILLAGE FINANCIAL STATEMENTS; PROVIDING FOR AN EFFECTIVE DATE. After brief discussion, Councilman Llorente made a motion to defer the resolution until the Council's next meeting. The motion was seconded°by Councilman'Waid and adopted by a 6 - 0 voice vote. The votewas as. follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor'Pasco voting Yes. At this time, at the request. of Councilman Sime, representing the Metro-Dade°Parks and Recreation a presentation regarding the county's efforts in preserve sea turtles on the beach. She informed federal, state and county regulations concerning Karen Montano, Department, made assisting to the Council of the matter. 10. REPORTS AND RECOMMENDATIONS: The following items were heard by the Council: Mayor and Councilmembers. The Council briefly discussed an item relating to the Scottish American Society Festival held annually at Crandon Park. Andrew Anderson, 6041 Northwest 68 Street, Parkland, addressed the Council. The organization requested the Council's consideration of a partnership between the Village and the festival.' The manager was directed to study the matter. Councilman Sullivan discussed the possibility of scheduling an employee appreciation day. It was the consensus of the Council that such an event be held in September, or, October. Councilman Sullivan stated that the Village has requested that the county repave and widen bicycle paths on Crandon Boulevard, between the Village limits and the Bear Cut Bridge, in connection with the current Crandon Boulevard re -paving project. The attorney was directed to contact the county regarding this matter. As per Mayor Festa's request at the Council meeting of June 28th, the manager addressed items requiring follow-up action at future meetings. The manager indicated, that he will provide the Council with a draft of the personnel manual at the next Council meeting. With consent of the Council, the manager was directed to replace the swing set at Calusa Park. Bill Ofgant, 512 Fernwood Road, addressed the Council. 0 Page 4 of 6 July 12, 1994 Vice Mayor Rasco requested Council action regarding the negative attitude of certain Metro -Dade police officers with residents and Village employees. It was the consent of the Council that a letter be sent to Metro -Dade officials regarding the matter. Village Attorney. The attorney addressed the Council regarding proposed ordinances relating to signs, administrative variances and filming. The attorney gave a brief update on the stormwater lawsuit. He stated that Key Colony has filed an appeal in the matter and that an executive session shall be scheduled to further discuss the matter. 0 The attorney also gave a brief report on the Village's policy relating to construction trailers. Village Clerk. The clerk did not submit a report. Village Manager. Tony Nolan and Linda Bell, of Williams, Hatfield and Stoner, the Village's stormwater consultant, made a presentation regarding the stormwater utility project. The consultant discussed the installation of a pump station to benefit the proposed project on the East side of Crandon Boulevard. Councilman Sullivan made a motion directing staff to implement the consultant's pump station proposal. The motion was seconded by Councilman Waid and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes. Councilman Llorente voted No. Village Engineer Carlos Penin also addressed the Council regarding the project. The manager gave an update on the development of the Crandon Boulevard Tree Farm property. He stated that bids will be received and opened on July 22, 1994 and shall be presented to the Council at its meeting of July•26th. The manager discussed the Crandon Boulevard Seasonal Color Plant Replacement program. Michele Padovan, 425 Grapetree Drive, addressed the Council. After brief discussion, Councilman Sullivan made a motion requesting that Gail Boorman, the Village's landscape architect, address the Council on the matter before bids are awarded: The motion was seconded by Councilman Llorente and adoptedby a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes. The manager requested that the two bids received in relation to the Mashta Drive Causeway improvement program be rejected. Page 5 of 6 July 12, 1994 Councilman Fried made a motion rejectingbids in connection with the Mashta Drive Causeway improvements. The motion was seconded by Councilman Sullivan and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sims, Sullivan, Wald, and Vice Mayor Rasco voting Yes. The manager discussed suggested dates for a traffic forum. The Council scheduled the forum for Saturday, September 10, 1994. The manager submitted thefollowing informational items: the monthly departmental reports; the' monthly financial statements; a letter from Joaquin Avino, Metro -Dade County's manager, regarding the Rickenbacker Causeway toll plaza collection system, dated June 21, 1994; a letter from Manuel Lambe, Miami Dade Public Library System, regarding landscaping services at the branch library, dated June 28, 1994, a draft of a proposed stormwater utility brochure, to be mailed to Village residents, dated July 7, 1994, a project description of the Key Biscayne Beach Vegetation project; highlights of the Police workshop held on June 7, 1994; and a copyof the Council's goals and objectives. Chief of Police Michael Flaherty answered written comments from the mayor regardingthe color of the four new vehicles purchased under the department's vehicle replacement program. 11. OTHER BUSINESS/GENERAL DISCUSSION: business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: meetings and events was presented to the There was no further A schedule of -future Council and public. 13. ADJOURNMENT: The meeting was (adjourned at 9:55 p.m. thi s is 4(o .day of U`Lnn-- , 1994 Village Mayor IF APERSON DECIDES TO. APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAri tt CONSIDERED. AT A MEETING OR BEARING, TIIAT PERSON WILL .NEw A RECORD OF TSE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES 27iE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 6 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 26, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the clerk at 7:00 p.m. Present were Councilmembers Mortimer Fned, Raul Llorente, Betty Sime, Raymond'Sullivan, and John Waid. Vice Mayor Joe Rasco and Mayor John Festa were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Gilberto Pastoriza. In the absence of the mayor and vice mayor, Councilman Llorente made a motion appointing Councilman Fried as mayor pro tem. The motion was seconded byCouncilman Sullivan and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried Llorente; Site, Sullivan, and Waid voting Yes. 2. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Fried led the Pledge: 3. APPROVAL OF MINUTES: Mayor Pro Tem Fried requested that the minutes of the meeting of July 12, 1994 be corrected to reflect his abstention during the vote approving the minutes of the meeting of June 28, ;1994. Councilman"Waid made a motion adopting the corrected minutes, of the meeting of July 12, 1994. The motion was seconded by Councilman Sime and adopted by a 5 0 voice vote. -The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Pro Tem Fried voting Yes. 4. AGENDA: Councilman Sullivan requested discussion regarding the parking situation on East Enid Drive. By unanimous consent, the item was added to the agenda. 5. SPECIAL PRESENTATION: There were no special presentations scheduled. 6. ORDINANCES: The following ordinance, on first reading, was read by the clerk: AN ORDINANC OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING -AND ADOPTING THE VILLAGE OF KEY BISCAYNE MASTER PLAN; AUTHORIZING TRANSMITTAL; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Page 1 of 6 July 26, 1994 Councilman Llorent`ee ade a'irib'ttoil"adopting the ordinance on first reading. The motion was seconded by Councilman Sime. Mayor Pro Tem Fried residents addressed Road; Kari Madera, Road; Michael Kahn, Caribbean Road.. opened the public hearing. The following the. Council: Lorraine Sonnabend, 330 Pacific 346 Gulf'` Road, Dorothy Malinin, 360 Atlantic 881 Ocean Drive; and Merethe Johnson, 301 Master Plan Consultant. Robert Swarthout participated in discussions with the Council' regarding the proposed Part II of the comprehensive plan. By consent, technical corrections were made to Objective 2.2 (Natural Resources) of the Future Land Use element. Councilman Sime made a motion adopting, Alternate Policy 1.4.2 of the Conservation and'Coastal Management element. The motion was, seconded by Councilman Llorente and adopted by unanimous consent: Policy 1.4.4 of the Infrastructure element was amended, by consent, to read "1 in 5 36 year frequency storm.,, The master plan consultant was directed to change Objective 1.3 of the Recreation and Open Space element, as appropriate, to reflect the same measure used by Dade County regarding population figures. Policy 1.3.1 was amended to reflect the Council's desire that the tree farin will be used as recreation space until the villageacquires' additional land to satisfy the standard indicated in the policy. Policy 1..3.4 was amended to read "...a recreation facility impact fee..." The master plan consultant was directed to include in Policy 1.2.1,' of the Intergovernmental Coordination element, a statement of intent that the Village is negotiating with the county for use of Calusa Park. By consent, the "Additional Park Acquisition" line item in the Capital Improvement Schedule was deleted from the plan. After extensive discussion, the Llorente motion was adopted by a 4 - 1 roll call vote The vote was as. follows_ Councilmembers'Llorente, Sime, Sullivan, and Mayor Pro Tem Fried voting Yes. Councilman Waid voted, No. The second hearing of the ordinance was scheduled for September 16, 1994, at 7:00 p.m. Page 2 of 6 July 26, 1994 7. RESOLUTIONS: 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 AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC., ALEXANDRIA, VIRGINIA, FOR TRAINING AND INSTRUCTION ON THE SUBJECT OF "COMMUNITY -ORIENTED POLICING" FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion adopting the resolution. Mayor Pro Tem Fried seconded the.motion. Deputy;Police..Chief Leo Rossiter addressed the Council: After brief discussion, Councilman Sime made a motion to table the resolution until the meeting of August 1, 1994: The motion was seconded by Councilman Waid. Ed Meyer, 100 Sunrise Drive, addressed the Council. The motion to table was adopted by.a 5 0 voice vote. The, vote was as. follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Pro Tem 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 AGREEMENT WITH WILLIAMS, HATFIELD & STONER, MIAMI, FLORIDA,. FOR STORMWATER PLANS AND SPECIFICATIONS FOR OCEAN LANE AND SUNRISE DRIVES; PROVIDING FOR AN taertCTIVE DATE. Councilman. Waid'made a motion adopting the resolution. The motion was seconded by Councilman Sullivan. After brief discussion, Resolution 94-26was adopted by a 5 -0 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Pro Tem Fried voting Yes. The clerk read the -following resolution by title:_ A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING. THE VILLAGE .MANAGER TO EXECUTE AN AGREEMENT WITH RACHLIN &>COHEN-CERTIFIID PUBLIC ACCOUNTANTS AND CONSULTANTS, CORAL GABLES, FLORIDA, FOR THE PERFORMANCE OF FINANCIAL AND COMPLIANCE AUDITS OF VILLAGE FINANCIAL STATEMENTS; PROVIDING FOR AN EFFECTIVE DATE. The manager requested that the resolution be withdrawn at this time. By ;consent,the resolution was withdrawn. Page 3 of ,6 July 26, 1994 8. BUILDING, ZONING AND PLANNING: At the request of Sullivan,> Building, Zoning and Planning Director John addressed the Council regarding the parking situation Enid Drive. 9.' REPORTS AND RECOMMENDATIONS: The following items discussed: -Mayor, and Councilmembers. The Council discussed Sullivan's initiative regarding the solicitation Village businesses to subsidize the cost of next Councilman Little on 'East ere Councilman of funds from year's fireworks Village Attorney. The attorney requested an executive session to be scheduled for August 1, 1994, at 5t30 p.m., to discuss the Village of. Key Biscayne vs. Key colony lawsuit. Village Clerk. At the request of the clerk, Councilman Llorente made a motion authorizing the clerk to attend the Florida League of Cities' Annual Conference in Orlando, Florida from August 25th through August 27th` The motion was`seconded by Councilman Waid and adopted by a 5 - 0- voice vote. The vote was as follows: Councilmenbers Llorente, Sime, Sullivan, Waid, and Mayor Pro Tem Fried voting Yes. Village Manager. At the request of the manager, William O'Leary, the Village's landscape architect,' addressed the Council regarding the bidding process, undertaken concerning the development of the Crandon Boulevard Tree Farm park. The clerk read a letter from Mayor John'Festa expressing his concern regarding the project:' Councilman Waid made a motion to table the awarding of any bid at this time until the fill issue can be resolved with the state. The motion died due to lack of a second. Councilman Llorente made a motion to award the base bid (Items 1 - 11) to PNM Corporation, Miami; Florida, in the amount of $466,850.00. The motion was seconded ,by''Councilman Sullivan. Russ Brynor, 3780 Northwest 22 Avenue, Miami, of PNM Corporation, addressed the Council. The following residents also addressed the Council: Bill Ofgant, 512 Fernwood Road Michele Padovan, 425 Grapetree Drive; Michael Rahn, 881 Ocean Drive; and Bonnie Cooper, 77 Crandon Boulevard. Page 4 of 6 July 26, 1994 Councilman Llorente amended his motion to include a provision that the bid be awarded to PNM Corporation, Miami, Florida, in the amount of $415,150.00, if fill from the State of Florida becomes available to the contractor, as per the bidders quotation in Alternative 0. The amendment was seconded by Councilman Sullivan and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Pro Tem voting Yes. After further discussion, the amended Llorente motion was adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, Waid, and Mayor Pro Tem Fried voting Yes. The manager recommended that the Council also award bids for the construction of a jogging path and promenade at the park. Councilman Llorente made a motion awarding a bid for Alternates A and B to PNM Corporation, Miami, Florida, in an amount of $17,600.00 for the jogging path and $73,767.50 for the promenade. The motion was seconded by Councilman Sullivan and adopted by a 4 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, Sime, Sullivan, and Mayor Pro Tem Fried voting Yes. Councilman Waid voted No. The manager indicated that these improvements will be charged to the Village's Recreation fund. The manager announced that A. Gail Boorman, the Village's landscape architect, will be present at the meeting of August 1, 1994 to address the Council regarding the seasonal flowering project for Crandon Boulevard. The manager advised the Council that the Police Department will be advertising for two full-time crossing guards. The manager provided the following informational items: a Miami Herald article, regarding the Grand Bay Resort, dated July 18, 1994, and a South Florida Business Journal article, regarding the Banyan property, dated July 8 - 14, 1994. 10. OTHER BUSINESS/GENERAL DISCUSSION: business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: meetings and events was presented to the There was no further A schedule of future Council and public. Page 5 of..6 12. ADJOtJRIIENT. TYie sheeting at 11:05 p.m. Approved this day of , 1994. lag652, 71A-- er Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE IJ,COUNCIL WITH RESPECT TO ANY MA11T:t1 CONSIDERED AT A .SETTING OR HEARING, THAT PERSON WILL RE 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 AN ? EVIDENCE UPON WHICH THE APPEAL` IS TO :BE BASED. Page 6 of 6 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, AUGUST 1, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Vice Mayor Rasco at 7:05 p.m. Present were Councilmembers'Mortimer Fried (arrived at 7:10 p.m.), Raul Llorente, Betty Sime, John Waid, and Vice Mayor Joe Rasco. Councilman Raymond Sullivan and Mayor John Festa'.were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman. 2. PLEDGE OF ALLEGIANCE: Vice Mayor Rasco led the pledge. 3. APPROVAL OF MINUTES: There were no minutes presented for Council approval: 4. AGENDA: There were no changes to the agenda. 5. SPECIAL PRESENTATION: A. Gail Boorman, the Village's landscape architect, made a brief presentation to the Council regarding the Crandon Boulevard seasonal plant replacement program. 6. ORDINANCES: There were no ordinances considered by the Council. 7. RESOLUTIONS: 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 AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC., ALEXANDRIA, VIRGINIA, FOR TRAINING AND INSTRUCTION ON THE SUBJECT OF "COMMUNITY-ORIENTED'POLICING" FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. At the request of the manager, the resolution was withdrawn. The clerk read the following resolution by title: Page 1 of 3 A RESOLUTION OF =THE VILLAGE'OFKEY BISYCPYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH 'RACHLIN & COHEN CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS, CORAL GABLES, FLORIDA, FOR THE PERFORMANCE OF FINANCIAL AND COMPLIANCE AUDITS OF VILLAGE FINANCIAL ail STATEMENTS; PROVIDING FOR AN EFFECTIVE DATE. Councilman, Fried made a motion adopting the resolution, The 'motion was seconded by CouncilmanSime. 'Resolution 94-27 was adopted by a 5 -.0 voice vote. The vote. was as follows: Councilmembers Pried,, Llorente, Sime, Waid, and Vice Mayor Rasco voting Yes. 8. BUILDING, ZONING AND PLANING:, Hearing Number 94 -0801 -VC -01, Royal Biscayne Venture, the applicant, requested a development tract ceview.af an existing Development of Regional Impact (D.R.I.) for the property located between Crandon Boulevard and the Atlantic Ocean, from East Heather Drive to approximately 170 feet,, north of Galen Drive and the northeast corner of Galen Drive and Ocean Drive. Building,, Zoning and Planning Director John Little made a presentation to the Council regarding staff's review of the proposed'project. The director recommended approval of the site review subject to specified conditions. Sherwood Weiser, 3250 Mary Street, Miami, representing the applicant, addressed the Council. John Nichols, 2600 Douglas Road, Coral Gables, and Carter, McDowell, 100 Southeast 2 Avenue, Miami, also" representing the applicant, made further comments to the Council. Vice Mayor Rasco opened the public hearing. The following, citizens addressed the Council: Lorraine Sonnabend, 330 Pacific Road; Jackie Rose, 390 CaribbeanRoad, Bill Ofgant, 512 Fernwood Road; and Shirley, Brill, 550 ocean Drive, Councilman Fried made a motion adopting staff's recommendation. The motion was seconded by Councilman Llorente and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime; Waid,. and Vice Mayor Rasco voting Yes.. 9. REPORTS AND RECOMMENDATIONS: There were no reports or recommendations discussed by the Council. Page 2 of 3 August 1, 1994 As an infonuational item, the manager presented a copy of a letter from Eric Nesse, Key Biscayne Hotel and Villas, regarding the demolition of existing villas on the property, dated July 27, 1994. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 12. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. Approved this day of }k , 1994. Village Cletk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY 12B VILLAGE COUNCIL W1771 RESPECT TO ANY MA1115k CONSIDERED AT A MEETING OR BEARING, THAT PERSON WILL NE:ED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TEM PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TSSTEMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO RE BASED. Page 3 of 3 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 9, 1994 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 Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan (arrived at 710 p.m.), John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman. 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: Councilman Fried made a motion approving the minutes of the special meeting of July 26, 1994 and the minutes of the special meeting of August 1, 1994. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes.' 5. AGENDA: Councilman Sime requested the addition of discussion regarding her meeting with County Commissioner Maurice Ferre concerning the issue of ball fields. Councilman Waid requested that Item 10-D-13 (Personnel Manual) be heard as the first item under the manager's report: Mayor Festa requested discussion regarding the flag and pole located at the entrance of the Village. Mayor Festa made a motion approving the agenda changes.;- The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. 6. SPECIAL PRESENTATIONS: Jerry Santeiro, of Florida Power and Light, made a presentation to the Council regarding the underground conversion of utility and power lines. 7. PUBLIC COMMENTS Paul Froehler, 305 Galen Drive, addressed the Council regarding potential noise problems resulting from the ,proposed construction of the Grand Bay project. James Brewster, 500 North Mashta Drive, requested the Council's consideration of the Mashta Island Association's request for funding of the Lighthouse Run. Page 1 of 5 8. ORDINANCES: There were -no' Council. August9, 1994 ordinances' considered by the RESOLUTIONS: There were no resolutions considered by the Council. 10. REPORTS AND'RECOMMENDATIONS: The following items were discussed:., Mayor" and'Council'members Councilman Sime reported on her meeting with County Commissioner Maurice Ferre regarding the possibility of;establishing playing fields on Virginia Key. Mayor Festa requested thae the manager respond to recent public discusSion concerning: the flag at the entrance of the Village. The manager, reported that ithe flag and pole are, owned and maintained`by the'Key Biscayne Chamber of Commerce. Village Attorney. The attorney briefly discussed the, proposed sign, administrative variance"'and filming permit ordinances. The attorney and;Building,, Zoning and Planning Director, John Little answered Council inquiries; concerning the, said ordinances. After ibrief discussion,, Vice MayorrR&sco'made_a motion authorizing the attornsy'to mak ".te finical corrections to the proposed sign ordinance as indigated-by?the Council and to schedule public hearings.`" c9Mn$L1MaV Sime seconded the motion which was adopted by, a unanimou vo ce vote= The vote was,as follows: Councilmembers Fried, 3bfente Sine, Sullivan, Wald, Vice Mayor ;RascO, and Mayor Feet voting yea. Councilman Fried made a motioni,scheduling public, hearings for the proposed administrative'variance, 'ordinance. The, motion was seconded by,Mayor,Festa 'and adop'�tes3 y a'unanimous voice vote. The, vole'was as follows ,counci .members Fried, `tLiprente, sine, Sullivan, Waid,`,Vice`Mayor Rasco,,'an"d Mayor Festa.voting Yes. Mayor Festa made proposed filming Councilman Fried was as follows:' Waid, Vice Mayor a motdn scheduling public hearings forthe permit ordinance. The motion was seconded by and adopted' by, a unanimous voice vote. The vote, CouneilmembersFried, Llorente, Sime, Sullivan, Rasco, and Mayor Festa voting Yes. mayor ,Festa requested that the attorney also review the code enforcement section of the code and determine if there are any inconsistencies within. the legislation. Page 2 of 5, Village. Clerk. The clerk reported that the Dade League of Cities requested the appointment of a councilmember to its board of directors. It was the consensus of the council to make the appointment after the November election. Village Manager. The manager discussed the proposed personnel manual. After brief discussion, the mayor stated that he will call a workshop meeting to further discuss the matter. The manager and Village Engineer Carlos 'Penin'addressed the Council regarding the refuse collection proposals received by the Village.'' The manager stated that a review committee will rank the proposals and that a report will be submitted to the Council at a future date. The manager gave a report on the Village's proposed sidewalk program. The Council discussed the project's estimated costs as presented by the manager. The manager presented an update to the Council, concerning the stormwater utility. Paul Froehler, 305 Galen Drive, addressed the Council regarding the stormwater utility fee. Councilman Waid-excused himself from the meeting at 8:50 p.m. The manager and Building, Zoning and Planning Director Little made a presentation regarding proposed bus shelters for the Village. Director Little and Raul Lastra, the Village planner, made a presentation regarding a parking study of the East Enid Drive' area. Mayor Festa made a motion authorizing staff to prepare a cost analysis based on the director's proposal.` The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. The manager presented a list of community organizations that have applied for Village grants in accordance with the Village's community grant program. The manager will present a final recommendation at the meeting of August 16,'1994. The manager Presented a chart relating to Village public works projects. The manager also informed the Council that he has negotiated a contract with the City of Miami for minor public works functions --:including the, repair of pot holes. Page 3 of 5 1994 The manager; reported on the accomplishments of the short term goals and objectivesas determined by the Council six months ago. It was the consensus of the,.C,ouncil that the next goals and objectives session shall be held after the November elections. The manager. presented a copy of the agenda for; the traffic_ forum,_ to 3061,e10on,september 10, 1994. The manager updated the council regarding the execution of the''' following contracts: Crandon Boulevard,` street lighting project engtneezizng,.work.; the landscape: maintenance supervisor, development of, the Crandon Boulevard Tree Farm: Parks and the Oc.ean Lan » ive,,Sunrise.Drive and Holiday Colony;area stormwater system projects.- ""' The manager: informed.the.Councilthat, based on a letter from the Key Biscayne Hotel and"Villas dated. July 27, 1994, the demolition 02 the existing villas on the property will begin in:, the near future. The manager reported" that, the Dade.County Public Schools have` responded' regarding the athletic field at the Key Biscayne' elementary school. The manager also stated that almost 900 school surveys have been return to the Village office. With the consent of the Council, Councilman'Sullivan was directed to contact school Superintendent Octavio`Visiedo'and inform'him that the survey is being tabulated and that the Village will contact the school board in the near future, regarding the issue of construction at the, elementary The manager discussed the following Crandon Boulevard projects: Seasonal "flower replacement program; Gail Boorman's proposed landscape upgrade program and the county's repaving program. Michele Padovan, 425;Grapetree Drive, addressed the 'Council.' At the request, of the manager, Mayor Pasta made a motion awarding a bid to'Rachlin and"Cohen, Coral Gables, Florida, for the purchase ofthe MAS90 accounting software, in the amount of $7,195.06. Finance'`, Director Jack Neustadt addressed the Council. The motion was seconded`by Councilman Sullivan and adopted by a 6 - 0 voice.vote. ,The. vote was asfollows: Councilmembers Fried, Llorente,.Sime, Sullivan, Vice Mayor Rasdo, and Mayor Festa, voting: 'Yes`. ; ' " 'The manager announced that Recreation Director Laurie Tessler had tendered her resignation effective August 26, 1994. Page 4 of 5 August. 9, 1994 The manager requested a special meeting for the tract review of the Grand Bay's proposed development for Tracts B and C (apartment condominium buildings) for the property located between Crandon Boulevard and the Atlantic Ocean and between Galen Drive and East Heather Drive. Al Dotson, 701 Brickell Avenue, Miami, representing the applicant requested a hearing in September. The meeting was scheduled for September 20, 1994. The manager presented the following informational items: the monthly departmental reports the Monthly financial statement; a letter to the Federal Communications Commission, from Adelphia Cable Communications, regarding unregulated service, dated June 24, 1994, a letter to the Police Chief, from the Florida Department of Law Enforcement, regarding casino gambling initiatives, dated July 11, 1994; and a letter from William O'Leary, O'Leary Design Associates, regarding plants along Crandon Boulevard, dated August 4, 1994. Carl Sager, 335 Harbor Drive, representing the Key Biscayne Chamber of Commerce, addressed the Council regarding the establishment of a Key Biscayne museum to be possibly housed in the former villa of President Richard Nixon. There was extensive discussion regarding the matter. 11. OTHER BUSINESS/GENERAL DISCUSSION: Mayor Festa called for a budget workshop meeting on August 18, 1994. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 10:40 p.m. Mayor IF A PERSON DECIDES TO .APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT 10 ANY MArrra 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 WHIQ3 THE APPEAL IS TO BE BASED Page 5 of 5 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 16, 1994 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 Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, Vice Mayor Joe Rasco, and, Mayor John Festa. Councilman John Waid was absent: Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman.' 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 Sime requested the addition of comments during' the special presentations section of the agenda. Vice Mayor Rasco requested the addition of a resolution as item 7-B. Mayor Festa requested the addition of a resolution as item 7-C. The agenda changes were approved by the unanimous consent of the Council Mayor Festa requested the deferral of the manager's item regarding the Community Grants program.` The request failed on a 1 - 5 voice vote. The vote was as follows: Mayor Festa voting Yes. Councilmembers Fried, Llorente, Sime, Sullivan,' and Vice Mayor Rasco voted No. 5. SPECIAL PRESENTATIONS: Councilman Sime commended Laurie Tessler, the out -going Recreation Director, for her fine work as the Village's first recreation director. Bill Bailey, 338 West Heather Drive, addressed the Council and concurred with Councilman Sime's remarks. At this time, the Council heard the resolutions section of the agenda. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING VERNON'S PHARMACY FOR THEIR YEARS OF COMMUNITY SERVICE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice Page 1 of 5 *. .4 as follows: ..' t: vote. The vote was` Connciimembers'Fried, Liorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Vice Mayor Rasco requested that the Council consider a resolution recognizing Jane Yarnell's service to the community through her work at the Chamber of commerce. The mayor also requested that a resolution be draftedcommending William Croysdale'.for his. service as a special master. By consent, the resolutions were scheduled for the next meeting.' Mayor Festa made a motion re -appointing James Dowd as a special master;, !Ihe motion was seconded by Councilman Sullivan and adopted:by a 6:; 0 voice,`vote ' `The'vote was as'follows: Councilmembers'Fried, ,,Llorente, Sime, Sullivan,=Vice Mayor Rasco, - n�ayor Testa Voting Yes.` , 6 ORDINANCES: The clerk read the following ordinance, on second<;r'eading,. by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING AND ADOPTING THE VILLAGE OF KEY BISCAYNE MASTER PLAN; AUTHORIZING TRANSMITTAL; PROVIDING FOR SEVERABILITY AND; AN EFFECTIVE DATE. After brief ,diScussion,:and at the request of Councilman Sime, Mayor Festa Made a"motion'tabling discussion of the master plan until immediately after discussion regarding playing equipment for Village parks. The motion was seconded by Councilman Sime and adopted by, a 6� `` wane 0 voice vote. The vote' wa s' follows: Councilm ,bers` Fried, Liorente, Sine, Sullivan, "Vice Mayor Rasco, and Mayor 'esta.voting Yes.' At this time, the Council heard the manager's item regarding playground equipment:for 'Calusa Park and the Crandon Boulevard Tree Farm Park. The manager made a brief presentation. Henry Pasella,; ;of the Gametime company, also made a presentation. The following residents addressed the Council: Mabel Miller, 210 Seaview Drive; John Rosser, 300 Redwood Lane; Pat Weinman, 570 - North Mashta Drive; Mari Campano, 760 Allendale Road; Barbara Corcoran, 273 Cranwood Prive; Christiane Ulvert, 785 Ridgewood Road; Voya Savi, 221, East' Enid Drive; Jacqueline Sanchez, 385 Ridgewood Road; 'Teresa Hoffman, 472 Ridgewood Road; Martha Broucek, 170 Ocean Lane Drive; Bill Ofgant, 512 Fernwood Road; and Tony4Camejo, 161 Crandon Boulevard. It was the consent of the Council that the group' meet with the manager to further ,discuss the matter. Mayor Festa made a motion to continue discussion of the ordinance Page 2 of 5 August 16, 1994 authorizing transmittal of the master plan. The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 -voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. The following sections of Part I of the plan were amended: Section 4-2 (reference to "sand" was deleted); Section 4-3 (reference to "special taxing district" was deleted); Section 4- 6 ("Community Development Director" was changed to "Building, Zoning and Planning Director"), Section 5-6 ("Broward" was changed to "Dade"), Section 5-11 (reference to beach access should be consistent with Part II of plan); Section 5-12 (reference to "beach enhancement funds" was deleted) Section 6 2 (Calusa Park should be included as public facility and references to Calusa being part of Crandon Park should be reviewed); Section 6-3 (references to Crandon/Calusa being one park was deleted); Section 6-4 (map was updated to show state park); Section 6-11 (indicated only one beach access); Section 7-3 (reference to "referendum" was deleted); Section 7-4 (updated to indicate Village's right to use Calusa Park and reference for use of state park was re -instated); Section 7-5 (reference to joint Dade County Public Schools/Village project was deleted); Section 8-4 (reference to "Ocean Drive extension" was deleted); Section 8-8 (figure was amended to read $1.9 million for beach renourishment); and Table VIII -2 (updated to reflect accurate budget figures). Mayor Festa opened the public hearing. addressed the Council: Mark Boulris; Miami, representing property owner of Lorraine Sonnabend, 330 Pacific Road; Road; Brigette Nachtigall, 881 Ocean 210 Seaview Drive. The following>residents 55 Southwest 18 Terrace, 800 Crandon Boulevard; Jose Bou, 323 Carribean Drive; and Mabel Miller, The Council reviewed Part II of the proposed comprehensive plan. Mayor Festa made a motion maintaining the current land use designation for the Holiday Colony area with a footnote indicating the right of property owners to exercise their deed. restriction rights -- within a ten year period;" The motion was seconded by Vice Mayor Rasco. After extensive discussion, the motion failed on 1 5 voice vote. The vote was as follows: Mayor Festa voting Yes. Councilmembers Fried, Llorente, Sime, Sullivan, and Vice Mayor Rasco voted No. Mayor Festa made a motion amending the Land Use Map to reflect the designation of the L'Esplanade property as low density (10 units per acre). The motion was seconded by Councilman Llorente and adopted by a 6-'0'voice vote. The vote was as follows: Page 3 of 5 Councilmeitbers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and.Mayor Festa voting Yes. Mayor Festa made a motion changing the "Office" -category text to allow mixed-use`(limited commercial use). The motion was seconded; by Councjlman Fried. After brief discussion, the motion failed on='a 1 5 voice vote. Thee:vote.was as, follows: Mayor FestaHvoting Yes. Councilmembers Fried, Llorente, Sime, Sullivan, and vice Mayor ;Basco voted No. Councilman Llorente, 'made a motion changing the designation of the, Crandon BoulevardITree Farm_ property frompublic and -. `, Instit;ut,ianal,to Recreation and Open Space. The, motion was. seconded by, Vice Mayor Basco., 'x. The; motion was:•, adopted:` on a.;5 - - voice vote,, The r vote was as follws ; ',Councilmembers, ` `rigid,.' Lhorente, .dime,, ,Sullivan,' and Vice =Mayor' Rasco voting'; Yes : Mayor. Festa votedv.No.,; " Mayor Festflmade a,motion extending the meeting until. 11:30 p.m. The motion was•-seconded,by Councilman Sullivan and adopted"by a 4 2 voice vpte. The vote was, as :follows:, Councilmembers Fried, •L1:orente,,, Sullivan, tand'Mayor Festa voting. Yes. Counci1rna i Sim�rye;,_andflyicAMayorRaas,co ,voted 11o. Additional, technical and scrivener changes were made to the plan. Mayor Festa made a motion to table` discussion of the master plan to discuss the Community Grant, program. The.. motion was seconded by Councilman,,Llorente and adopted, by a 6 - 0 voice vote. The vote was;as fellows: .Councilmembers, Fried,,Llorente,'Sime, Sullivan Vice MayorRasco,'and Mayer Festa voting yes. There was brief discussion regardingthe grant proposals. The manager indicated that a special meeting may be called to discuss proposals. on. September 1, 1994. Councilman Llorente made a motion resuming discussion of the master, plan. ;The motion was seconded by Mayor Festaand adopted by unanimous. consent. Mayor Festa made a motion adopting Part II of the comprehensive plan. The motion was Seconded by Councilman. Sime and adopted by a 6 - 0 voice vote. The vote -was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Fried and adopted by a 6 - 0 roll call vote. The vote was as follows: Page 4 of 5 • August 16, 1994 Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. 7. RESOLUTIONS:> Resolutions were considered prior to the ordinances section of the agenda. REPORTS AND RECOMMENDATIONS: Mayor and Councilmembers. Mayor Festa discussed the bidding process undertaken in relation to the development of the Crandon Boulevard Tree Farm park. Councilman Sullivan recommended the hiring of a purchasing agent. Councilman Llorente commended the manager on the process. Vice Mayor Rasco discussed the process and the timely decision of the Council. The following residents addressed the Council: Martha Broucek, 170 Ocean Lane Drive; Michele Padovan, 425 Grapetree Drive; Hugh O'Reilly, 475 Allendale Road; - Mabel Miller, 210 Seaview Drive, Jose Bou, 323 Caribbean Road; and Martha Abreu, 170 Ocean Lane Drive. Village Attorney. The attorney did` not submit a report. Village Clerk. The clerk did not submit a report. Village Manager. The manager's report was deferred to the next meeting of the Council. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 11. ADJOURNMENT: QThe meeting was adjourned at 12:00 midnight. Approved this I3 ` day of Seirinhires , 1994. Mayor IF A PERSON DECIDES 10 APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO .ANY MA111t CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AMID, FOR SUCK PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 5 of 5 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY-BISCAYNE, FLORIDA THURSDAY, AUGUST 18, 1994 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 7:10 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan (arrived 4t 7:15 p.m.), and Mayor John Festa. Councilman John Waid and Vice Mayor Joe Rasco were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo-'and Village Attorney Stephen Helfman. 2. BUDGET (FISCAL YEAR 1995) DISCUSSION: The Council reviewed the manager's budget message. The Council discussed the proposed budget's for each department. The manager and attorney were directed to review the Village Attorney's budget and return with new figures. By consent, the Council indicated that the Economic Development Department's budget be -eliminated -and that the staff member be re -assigned to the manager's office. Councilman Sime excused herself from the meeting at 9:10 p.m. Finance Director Jack Neustadt, Economic Development Director Susan Grogorie, Fire Rescue Chief William Huddleston, and Police Chief Michael Flaherty participated in discussions with the Council: The following residents addressed the Council on various budget related matters: Hugh O'Reilly, 475 Allendale Road; Ron Drucker, 251 Crandon Boulevard; Ed Meyer, 100 Sunrise Drive; and MichelePadovan, 425 Grapetree Drive. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. Page 1 of 2 IF A PE22SON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY } rnz l CONSIDERED AT A MEETING OR IMARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AZJD, 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 TSB APPEAL IS TO BE BASED., Page 2 of 2 • MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 30, 1994 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 Mortimer Fried, Raul Llorente (arrived at 7:10'-p.m.),;Raymond Sullivan,;' John Waa.d, and Mayor John Festa. Councilman Betty Sime and Vice Mayor Joe Rasco were absent. Also present were Village Manager Sam Kissinger,' Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. APPROVAL OF MINUTES: There were no minutes presented for the Council's consideration. 4. AGENDA: Mayor Festa requested the addition ofdiscussion regarding communications, public works and Virginia Key. The changes to the agenda were adopted by unanimous consent. 5.' SPECIAL PRESENTATION: There were no special presentations scheduled for the meeting. 6. ORDINANCES: There were no ordinances considered by the Council. 7. RESOLUTIONS: The clerk read the following resolution by title: A'RESOLUTION OF THE VILLAGE OF KEY BISCAYNE; FLORIDA; : AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A JOINT PARTICIPATING AGREEMENT FOR THE CONSTRUCTION OF THE STREET LIGHTING SYSTEM OF CRANDON BOULEVARD WITHIN THE LIMITS OF THE VILLAGE; APPROPRIATING FUNDS; PROVIDING FOR AN EFFECTIVE -DATE. After brief discussion, Mayor Festa made a motion amending Section -1 of the resolution by authorizing the manager to execute the agreement in substantially the form attached and adopting the resolution as amended. The motion was seconded by Councilman pried. Resolution 94-29 was adopted by a 4 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, And. Mayor Festa voting Yes. Councilman Waid voted No. Page 1 of: 5 August_ 30, 1994 The following items were Mayor and Councilmembers. Gloria de la Cruz, 600 Grapetree Drive, made a presentation to the -Council regarding the final report of the resultsof"the Village's school survey. The following residents addressed the Council: Tony Camejo, 151 'Crandon Boulevard;` Martha Broucek, 170 Ocean Lane Drive; Mary Schulman;. 1121,Crandon Boulevard;-,. and HennytBecker, 290 West Mashta ;Drive,.. 2'-lt, was ,,the consent of': the, Councii that the School -Advisory Committee prepare. a Jdraft resolution, with recommend4tipnso,based°on,the,survey results:•, for theCouncil's consideration at; the, meeting of.,September 13, 1994. • At the request of the manager, Councilman Waid made a. motion,. rejecting the bids received in connection with the Mashta Causeway improvements.: The' motion was,,, seconded by Councilman. Llorente and adopted by a 5-- 0 voice vote. The vote was as follows: 1.Councilmeembers Fried, Llorente, Sullivan, Waid, and Mayor Festa voting 'Yes. Mayor Festa discussed. communications and recommended a "man on the street" segment for the Village's daily broadcast. Ms. Becker addressed the Council. The mayor briefly discussed street signs and other public works issues. The mayor discussed the meeting held recently to discuss Virginia Key and requested that the manager prepare a plan to be submitted to the City of Miami in connection with locating ball fields at that location. Village Attorney. The attorney gavean update regarding Calusa Park - including his recent discussions with the county attorney's office. Mayor Festa made a motion authorizing the attorney to negotiate with the county for an operating permit for Calusa Park. The motion was seconded by Councilman Llorente and adopted by a 5.- 0 voice vote. The vote was as follows: Councilmembers'Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes. The attorney. announced that anexecutivesession of the Council. shall be held on September 13, 1994, at 6:00 p.m., to discuss the, Lipton litigation matter., Village Clerk.' The clerk did not submit a report August 30, 1994 Village Manager. The manager made a brief presentation regarding the awarding of grants under the Village's Community Grant program. The Council discussed the issue of charitable contributions versus community grants'. After extensive discussion, Councilman Llorente made a motion that the Council consider all the applications submitted under the Community Grant program as grants. The motion was seconded by Councilman Sullivan and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes. The following residents addressed the Council: Michele Padovan, 425 Grapetree Drive, representing the Island Garden Club Cliff Brody, 180 Harbor Drive; Bob Brooks, 95 West McIntyre Street, representing the Chamber of Commerce Hugh O'Reilly, 475 Allendale Road; John Nols, 1540 Southwest 12 Avenue, Miami, representing the Boy Scouts Chris Sager, 335 Harbor Drive, representing the Key Biscayne Chamber of Commerce; Susan Han, 685 Curtisswood Drive, representing Cub Scouts, Jim Brewster, 595 North Mashta Drive, representing the Lighthouse Run Committee; Dorothy Rider, 9720 East Calusa Club Drive, representing the Island Garden Club and Sally Brody, 180 Harbor Drive. Mayor Festa made a motion limiting grants to any one organization to $10,000.00.` The motion was seconded by Councilman Sullivan and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried,Llorente, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Sullivan made a motion adopting the manager's recommendation for a grant to the Boy Scouts of America in the amount of $6,000.00. The motion was seconded by Councilman Llorente. Mayor Festa offered an amendment limiting the grant to $4,000:00 for an equipment trailer. The amendment was seconded by Councilman Waid and failed on a 2 - 3 voice vote. The vote was as follows: Councilman Waid and Mayor Festa voting Yes. Councilmembers Fried, Llorente and Sullivan voted No. The Sullivan motion failed on a 3 - 2 voice vote.` Councilmembers Fried, Llorente, and Sullivan voting Yes. Councilman Waid and Mayor Festa voted No. Mayor Festa made a motion awarding a $2,323.00_ grant to the. Cub Scouts. The motion was seconded by Councilman Fried and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes. Mayor Festa made a motion reconsidering his previous motion. The motion was seconded by Councilman Llorente and adopted by a 5 - 0 Page 3 of 5 August 30, 1994 voice',vote.- -,The-vote- was as follows: =Councilmembers. Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Sullivan made:'a motion awarding a $2,323.00. grant to the Cub.`. Scouts. The motion was seconded by Councilman Llorente and failed on. -.a 3 ,- 2 voice vote. The, vote was as follows: Councilmembers Fried, Llorente and. Sullivan voting Yes. Councilman ,Ward, and Mayor Festa voted No. Mayor Festa made a motion awarding a 2,500-00 grant to the Cub Scouts. The motion was seconded by councilman,Waid and adopted` by a 5 - 0 voice vote. The vote was as follows: Councilmembers" Fried, Llorente, SuUivan Waid, an Mayor Festa voting Yes. Councilman. Fried made a'motion. ,awarding a $1,0.,000.,00 grant to the Island -Carden ;Club :; ,;;There- was no;,spcond tip' the Motion., Mayor _Fe made a motion awarding -.‘a $5,;0001,00 grant to the Key Biscayne Nature Center. , The motion, was "seconded by Co'uncilman Llorentewrland adopted, by a, 4 , 1 voice vote'' The ,vote was as follows Councilmembers Fr edr Llor`ente,, Sullivan 'and Mayor Festa votingYes .\Councilman 'Waid voted No. ' Mayor Festa made a motion to consider both'of the Key Biscayne Chamber of`Commercce's applications as one request. The motion' was seconded by Councilmenf,Sullivan and adopted by unanimous consent. (CouncilmanLlorent Made a motion.ewarding'a $10;000.00 grant to ,the Key Bi oayde Chain e" '`of, Commerce " The`motion'was seconded9barLCounci7man Ward, and adopt .by a 4.- 1 voice vote The vote wes as folalows Counci)members ' Fr'ied� Llorente, „ Sullivan, and Waid voting Yes. Mayor'Festa voted No. Councilman„i,Llorente made;;a motioh;awardng a $10,000.00 grant to the Key scayne Lighthouse;;Comm.ttee The motion was seconded by Councinan :,$ull:iv4n ands ,adopted b}s . a : 4 1 voice vote. The vote -was as,pfollows:- a Cpunc line, "_ s Fried,, , Llprente.,: Sullivan, and . Waid, v`ot`ing Yes." , .Mayor,,Festa)voted} Iklo;. Mayor Festa made- a,,motion to reconsider 'the motion awarding a grant to .t e,, Boy, Scouts,. 'Tie mo ion eras' seconded by Councilman Waid and ',opted by a,5 d voice voter The vote was as follows Cpuncilmembers'Fri ed, Llorente, Sullivan, Wald, and Mayor Festa voting Yes. Mayor Festa made a motion awarding a $4,000.00 grant to the Boy Scouts The motion W4s.seconded by Councilman Llorente and adoptedlby a 0,voieevote. The vote was as follows: Councilmembers Fried„ Llorente, Sullivan, Waid, and,, Mayor Festa voting Yes Councilman; Sullivan -made a motion' awarding`a $2,300.00 grant;to the Boy Scouts. The motion was seconded by. Councilman Llorente .and failed on a 3 - 2 voice vote. August 30, 1994 The vote was as follows: Councilmembers Fried, Llorente and Sullivan voting Yes. Councilman Waid and Mayor Festa voted No. Councilman Fried made a motion awarding a $10,000.00 grant to the Island Garden Club. The motion was seconded by Councilman Waid and failed on a 1 - 4 voice vote. The vote was as follows: Councilman Fried voting Yes. Councilmembers Llorente, Sullivan, Wald, and Mayor Festa_voted No. Discussion regarding a underground and overhead utility policy for the Village was deferred until the next meeting of the Council. The manager gave a brief report regarding the Crandon Boulevard seasonal plantings. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business. discussed.` 10. ADJOURNMENT: The meeting was adjourned at 10:00 Approved this & day of SZQ- '"° , 1994. Mayor p. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MArrAR 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 5 of 5 M I N U T E S SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEPTEMBER 1, 1994, 7:00 P.M. COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1;" CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7:05 p.m. Present were Councilmembers" Mortimer Fried, Raul Llorente, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Betty Sine was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge_ 3.' APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. .AGENDA: ' There were no changes to the agenda. 5. SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL PROPOSALS: Four companies were scheduled for presentations to the Council regarding the Village's request for proposals for the collection, transportation and disposal of solid waste. Ralph Mills, George`Villasana and Lynda Long, of Dade County Waste Management, made a presentation regarding their proposal. John Casagrande; William Hernandez and Jeanmarie Massa of Industrial Waste Service, Inc., addressed the Council concerning their proposal. Al Cardenas, representing Key Biscayne Sanitation, discussed with the Council that company's proposal. Jose Loynaz, Max Vino, Manny Cambo, and Nick Cassey, all representing the company, also addressed the Council. Al Panzarella and George Agramonte, with Larry O'Conner Sanitation Service, made the final presentation to the Council regarding the solid waste proposals. The following residents addressed the Council: Bill Ofgant, 512 Fernwood Road; Ben Sambrano, 83 Harbor Drive; Molino Suarez, 19 Harbor Drive;; and Michele Padovan, 425 Grapetree Drive. September 1, 1994 The manager, attorney and Village Engineer Carlos Penin participated in discussions with the Council.' Councilman Fried made a motion to rank the proposals. The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote. The vote was as.follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco,;and Mayor Festa voting Yes. Councilman, Fried ranked Industrial Waste Service (1), Waste Management f2),, Larry,0.'Conner (3), and Key Biscayne. Sanitation (4)..• Councilman Llorente ranked Key Biscayne Sanitation (1), Larry O'Conner (2), Industrial Waster Service (3), and Waste` Management, (4) Councilman Sullivan ranked Industrial Waste Service (1), Key Biscayne Sanitation (2), Waste Management (3), and Larry O'Conner (4) Councilman Waid ranked Waste Management (1), Industrial Waste, Service (2), Larry O'Conner (3),' and Key Biscayne Sanitation (4). Vice Mayor Rasco ranked Industrial Waste Service (1), Key Biscayne Sanitation (2), Larry O'Conner (3), and Waste Management. (4). Mayor Festa ranked Waste Management (1), Industrial Waste Service.. (2), Key; Biscayne Sanitation (3), and Larry O'Conner (4). The overall ranking was as follows: Industrial Waste Service (1), Waste Management (2);; Key; Biscayne Sanitation (3); and Larry O'Conner (4). Vice Mayor Rasco made a motion that the manager and attorney negotiate a contract, based on the Council's ranking, for the collection, transportation and disposal of solid waste, based on Option 1 of the proposal -- collection of garbage once a week, collection of yard debris once a week, collection of recyclable goods once a week, and collection of bulky materials once a month. The motion was seconded by Councilman Wald and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes., It was the consent of the Council that the manager negotiate for call -in service on the pick-up of bulky materials and that collection of solid waste take place between 7:00 and 11:00 in the morning. Page.2 of 3 September 1, 1994 The meeting was adjourned at 10:55 p.m. , 1994. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAnzit 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 MDR, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 3 of 3 There MINUTES VILLAGE COUNCIL BUDGET HEARING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEPTEMBER 8, 1994 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 7:15 p.m. Present were Councilmembers Mortimer `Fried, " Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. 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 discussion of the following resolution: A RESOLUTION OF THE VILLAGE` OF KEY BISCAYNE, FLORIDA PERTAINING TO PUBLIC SCHOOL EDUCATIONAL FACILITIES ON KEY BISCAYNE; URGING THE SCHOOL BOARD TO ABANDON ITS CURRENT PLAN TO RENOVATE KEY BISCAYNE ELEMENTARY SCHOOL IN FAVOR OF A PLAN TO:BUILD 'A NE PUBLIC SCHOOL; URGING THE CONSTRUCTION OF A LOCAL MIDDLES SCHOOL (GRADES 6 - 8) SIMULTANEOUS WITH AND CONTIGUOUS TO THE NEW ELEMENTARY SCHOOL; PROVIDING FOR TRANSMISSION PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. By' majority consent, the resolution was discussed. The Council concurred to further discuss the resolution at its meeting of September 13, 1994. 5. SPECIAL PRESENTATION: scheduled for the meeting. RESOLUTIONS: The clerk read the following resolution: A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); ;SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE`MILLAGE RATE. were no special . presentations September8, 1994 The Council briefly discussed the resolution. Mayor Festa opened a public hearing. The following residents addressed the Council: Frank Collins, 611 Ocean Drive; Steve 'Ettenheim, 397 Harbor Court; Hugh O'Reilly, 475 Allendale Road; Tom O'Brien, 200 Ocean. Lane' Drive; Michael Kahn, 881 Ocean Drive; Ron Drucker, 251 Crandon Boulevard; Cecilia O'Reilly, 475 Allendale Road; Bill Ofgant, 512 Fernwood Road and Fred Perkins, :4 5. Wsesb Mathweson Drive There was extensive Council ,discussion regarding the venues aspect }ofd tthebudget. l'review,ed each departmental budget and made the 'Ihe.Couns fallowing, changes:_ By consent, the Village Council's budget was reduced to $10,00-0440:-. Councilman Sime made a motion to reduce the Administration's budget ,by $15,000.00•, The motion was seconded by Vice Mayor •RaSCO. Councilman Waid.'offered an amendment reducing the budget by $25,000.00. The amendment was seconded by CouncilmanLlorente and adopted by a 4 - 3 voice; vote. The vote was as follows:, Councilmembers Llorente,•Sullivan, ,Weid, and Vice Mayor Rasco voting Yes,. Councilmembers. .Fried, sime,and Mayor Festa voted No. The amended Sime 'Potion was, adopted by a5 - 2 voice vote. The vote was, as foliows4.1Councilmembers Fried, Llorente, Sullivan,Waid, ' andl ViCe Mayor Rasco'voting Yes, Councilman Sime and Mayor Festa voted, No. Councilman Sullivan made a motion to reduce the Village Clerk's'budget by $2,000.00.- The motion was seconded by Vice Mayor Rasco, Vice Mayor Rasco offered an amendment that the clerk's salary be increased by $1,500.00. There was no objection to the amendment. The amended Sullivan motion was adopted by; a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion to reduce the Village Attorney's ''budget to1$200,000,00,:: The motion was.seconded,by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid,Vi,ce Mayor Rasco, and Mayor Festa. voting yes. Page 2 of 8 September 8, 1994 Mayor Festa made a motion that the Economic Development Department be eliminated and that a sum of $25,080.00 be transferred to the Administration's budget. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion to eliminate the "Newsletter" line item. The motion was seconded by Councilman Waid. Vice Mayor Rasco offered an amendment that the line item be reduced to $10,000.00. The amendment was seconded by s' Councilman Llorente and adopted by a 5 - 2 voice vote.' The vote was as follows: Councilmembers Fried, Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Sime and Sullivan voted No. The amended Festa motion was`adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Sime and Sullivan voted No. The council, by consent, also made the following` changes to the Non -Departmental budget: the first six line items were deleted (reducing the budget by $9,745.00)',; the "Appraisers" line item was reduced by $5,000.00;' the "Leased' Equipment" line item was reduced by $7,000.00 and the "Furniture and Fixtures" line item was reduced by $5,000.00. Vice Mayor Rasco made a motion to eliminate the "Tuition Reimbursement" line item. The motion was seconded by Councilman Llorente and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, and Vice Mayor Rasco voting Yes.'' Councilman Sime and Mayor Festa voted No. Mayor Festa made a motion to eliminate the "Community Grants" line item. The motion was seconded by Councilman Waid. Councilman Fried offered an amendment to, reduce the line item to $50,000.00. The amendment was seconded by Vice Mayor Rasco and adopted by a 5 2 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Vice Mayor Rasco voting Yes. Councilman Waid and Mayor Festa voted No. The amended Festa motion was adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes. Mayor Festa voted No. Page 3 of 8 September 8,',1994 Councilman, Llorente made a motion to reduce the "Contingency" line item to"$100,000.00. The motion was ``seconded by CouncilmanFried.. Councilman Waid offered` an amendment "that - a decision on the line item be, made 'atthe end of the meeting. The "amendment'was seconded'by Mayor Festa and adopted by a unanimous voice vote. The amended LLlorente.motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, 6ullivan, „Waid, ,Vice.Mayor. Rasco„ and Mayor Festa voting Mayor 'teatal.alada,a motion toreducing the "Building, Zoning and Planning. Department's budget by. $S6,00`0.00..,Themotion ,;wass 4secondel by; Vice Mayor. Rasco and adopted by a 'unanimous voice vote . The, vote was as :follows : Councilmembers: Fried, Llorente, ,Sime,1 Sullivan,. Waid, Vice Mayor Rasco, and; Mayor Fepte voting Yes :The' Council also; reduced thea;Buildj.ng and 0oning,Inspections budget by -.$20,00;0 00. Mayor;Festa made a motion re acing the "Living, Allowance" line item -in the PoliceDepartment'"s'budget to`$12 977.00. The, motion was, seconded by Councilman Llorente and. adapted y., e , unanimous, voice vote The vote: was as follows : `CouncilmembSs Fried,. Llorente, Sime;,Sullivan„' W id,' 'Nice Mayer Basco, aind ]ayor„ F"esta" v q'sing Xes . ' f Coun`c`il n Sime made a,motion to reconsider the F'sta m ., otion The motion r was seconded by Counci.Fnan F�rsed nd?, adopted;'„ by a ;unanimous voice vote. The voteS ' e 'as `foll"ow"s=: " Councilmemlbers` Fried, Llorente,`Sime, Sullivan, Waid, Vice Mayor Rasco, 'and Mayor Festa voting yes. The'Council concurred to table the matter until '.,a..144a1 interpretation'af he police chief's contract is given.bytha attorney. Mayor 'esta. made a mot.' n to extend the meeting until 11:45 The 'aiotion was s onde i by; counci .man Llorente and adopted by.a 6 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan,; Waid ViceyMayor Rasco, and; Mayor Festavotin'g Yea. Councilman Sime,voted Councilman Llorente made a action, to reduce the Police Department's budget by3$100,000.00. The motion was seconded by Vice gayer'Rasco. Councilman, Waid offered an amendment to reduce,, the` department's budget by $150,000;.00. There was mo second,' to' the, amendment. The Llorente'' motion was adopted -by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llor'et,e,'Sipe, Sullivan, Wald, Vice Mayor Rasco, and Mayor' Festa voting Yes- " ' Page 4 of 8 September 8,'1994 Mayor Festa made a motion to delete the $100,000.00 "Supplemental Aid" line item from the Fire Rescue Department's budget and use the current fiscal year's monies to establish a reserve fund for this purpose. The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion to extend the meeting until 12:15 a.m. The motion was seconded by Vice Mayor Rasco and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Sime and Waid voted No. Councilman Llorente made a motion to reduce the Public Works Department's budget to $500,000.00. The motion was seconded by Vice Mayor Rasco. Mayor Festa offered an amendment to reduce the department's budget to $475,000.00. - The amendment was seconded by Councilman Waid and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Sime and Sullivan voted No. The amended Llorente motion was adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes: Councilmembers Sime and Sullivan voted No. Councilman Sullivan made a motion to eliminate the Recreation Department. The motion was seconded by Councilman Llorente. After brief discussion, the motion was withdrawn Vice Mayor Rasco made a motion to reduce the'Recreation Department's budget by $50,000.00. The motion was seconded by Councilman Sullivan. Mayor Festa offered an amendment t� eliminate the department's tennis program. There was no second to' the mayor's amendment. Councilman Llorente offered an amendment to accept a revised format for the tennis program as recommended by tennis instructor Roberto Castillo. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried; Liorente,''Sime,'Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa offered an amendment to reduce the department's budget to $275,000.00 -- including deletion of director's position. Page 5 of 8 September; 8, 1994 The amendment was seconded by-Councilman.sullivan and adopted by a unanimous voice: vote, The vote was as follows: ounciimembers Fried, Llorente, Sime, Sullivan, Waid,-Vice ;a Mayor Rasco, and Mayor Festa voting -Yes. The amended Rasco motion, was;: adopted, without objection,, Vice Mayor -Rasco made a motion to, eliminate the "Fire.Rescue vehicles" line item from the capital Outlays' budget. The motion was seconded by Councilman waid. Mayor Festa offered an amendment to reduce he line item to $100,000 00. The amendment was seconded by.'Councilman.Sime and failed on, a voice vote. The; ;vote was as. follows: Councilman Sime and"Mayor Festa voting.:Yes1. councilmembers Fried, Llorente, Sullivan,,i Wald•, and Vice ,Mayor d N he, Rasco vote o. •T Rasco motion was'. adopted by.a 5 - 2 'voice vote. The vote.. was as follows: Councilmembers,Fried, Llorente, Sullivan, Waid, :and.Vice Mayor,Rasco,voting 'es. Councilman Sime and, Mayor Festa-voted No, Councilman Llorente made a motionr•,educing the proposed mil .age rate and adoptting ,a tentative millagerate of 4.101 mils. The motion was+seconded by•ice Mayor,Raseo; Councilman W_aid offered an amendment =reduce the m llage, rate to 4.0 . mi is . , Thy amendment,,was .seconded. by Conne4ilman p1orente and fa .led, on,a 1 - 6 voice vote,,. The vote was, as,rfallows:" `Councilman Waid;'votiing Yes. Councilmembera Fr reed, Llaren e, Sime . Sulh ran, Vice,i D ayor •Rasco, y, and, Mayor Festa4 voted No•. T.he. Llor�ente motion was adopted by a 6 - i voice vote T,he vote was as. fwoilows,; Councilmeiirbers Fried, Llorente, Sime, Sullivan, Vice Mayor'Rasco, and Mayor Festa voting<, Yes.. Councilman W"aid'.vo Mayor ,Festa made ti a}mo on adoptingrthe,proposed• millage resolution. The motion was seconded by Vice Mayor Rasco and. Resolution 94-30 was adopted by a 6 - 1 voice vote. The vote was as'follows,:: Councilmembers Fried,;Llorente., Sime, Sullivan, Vice Mayor ,Rascco;, anti Mayor Vesta? voting Yea,' .Councilman Waid voted The manager, attorney, clerk, Building, Zoning and Planning;, Director John Little, Police Chief Michael,P).aherty, and Finance Director Jack; Neustadtp participated in, diisetipsions with the Council. 7. ORD CES: The clerk read the following ordinance, o! first reading, by title: Page 6 of 8 September 8, 1994 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995 IN THE AMOUNT OF $9,654,439.00 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Llorente. Mayor Festa opened the public hearing. There were no speakers present. The ordinance was adopted, on first reading, by a unanimous roll call vote. The vote was as follows: Councilmembers.Fried, Llorente, Sime Sullivan, Waid, Vice Mayor Rasco, and 'Mayor Festa voting Yes. The clerk announced that the second reading will be held on Monday, September 26, 1994, at 7:00 p.m. 8. REPORTS AND RECOMMENDATIONS: The following informational items were presented to -the Council -- there was no discussion on these items - a. letter from Ray Eubanks, Department of Community Affairs, regarding the Village's comprehensive plan, dated August 30, 1994 a letter from the Village Attorney, regarding a Calusa Park operating permit, dated August 26, 1994; and a letter from Tara -Alford,, Department of Environmental Protection, regarding signage of vessel exclusion area, dated August 26, 1994. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 11. ADJOURNMENT: The meeting was adjourned at 12:55 p.m. Page 7 of 8 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TM' VILLAGE COUNCIL WITH RESPECT TO ANY MAriz22 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 PROCEEDINGSIS MADE, WHIG RECORD INCLUDES TEM TESTZTIONY AND EVIDENCE UPON WHICT3 THE APPEAL IS TO BE BASED: MINUTES VILLAGE OF KEY BISCAYNE VILLAGE.OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 13, 1994 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 Mortimer Fried Raul Llorente, Betty Sime, John Waid,Vice Mayor Joe Rasco (arrived at 7`:20 p.m.), and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and village attorneys Richard Weiss and Joseph Serota. 2. INVOCATION: Deacon Miguel M. Gonzalez, of St Agnes Catholic. Church, gave an invocation. PLEDGE CT ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF M MUTES: Councilman Waid made a motion approving the minutes of the meeting of August 9, 1994, the minutes of the special.meeting of August 16, 1994, the minutes of the workshop meeting Of August 18, 1994, the minutes of the special meeting of August 30, 1994, and the minutesofthe special meeting of September '1, 1994. The motion was seconded by Councilman Fried and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, and Mayor Festa Voting Yes. 5.` AGENDA: Mayor Festa 'stated that the School Advisory Committee has requested that Item 9-E (school resolution) be deferred until the meeting of September 20, 1994. The mayor also requested that Item 9-F (lawsuit resolution) be taken up at the arrival of County Commissioner Maurice Ferre and representatives of the.. county. Councilman Waid requested•discussion' regarding the collection fees of stormwater utility fees- (Item ".10-A-2). Councilman Sime requested the addition of discussion regarding the Virginia Key/ball fields issue (Item 10-A-3). The agenda changes were adopted by the unanimous consent of the Council. 6. SPECIAL PRESENTATIONS: Pat Weinman, 570 North Mashta Drive, and Jacqueline Sanchez, 385 Ridgewood Drive, representing several parents, made a presentation to the Council regarding tot lots and. playing equipment for Calusa Park and the Crandon Boulevard Tree Farm park. Maria Valentine, 55 Ocean Drive,. also addressed the Council Page 1 of 7 September 13, 1994 Mayor Festa made a motion'approting the group's concept and directing staff to further evaluate the proposal as part of the park's development. The motion was seconded by Vice Mayor Rasco. Councilman Sime offered an amendment that a maximum of three- quarters on an acre on the tree farm be designated for a tot -lot and allocating an amount not to exceed $98,000.00 for the proposed equipment. The motion was seconded by Councilman Llorenfe and adopted on a 5 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime Waid, and. Vice MayorRasco voting Yes. F"Xayor Festa voted No. The "amended Festa motion was. adopted by a 6` 0 voice vote." The vote was as follows:' Counpilmembers Fried, Llorente " Sime, Waid, Vice Mayor Rasco, and, Mayor. Testa voting Yes. Councilman Sime,made a motion` approving a $25,000.00 appropriationjfor the purchase of playing equipment for Calusa Park. The motion was seconded by Councilman Fried and adopted by, a 6 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. At this tima,,.the Council heard an item relating to the settlement of a lawsuit relating to"the county's International Tennis Center. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE EXECUTION OF APPROPRIATE DOCUMENTS FOR THE PURPOSE OF RESOLVING THE LAWSUIT ENTITLED VILLAGE OF KEY BISCAYNE'VS_ DADE COMITY, IN THE CIRCUIT COURT OF THE. ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Serota made a presentation to the Council regarding the settlement of lawsuit. The attorney indicated theta covenant would be signed by the county committing to the following actions: property shall be restricted for tennis only and events shall be limited.' to no more than three in any twelve month consecutive month period for which on -site parking in legally designated;spaces is insufficient and for which parking east of Crandon Boulevard is utilized. Joni Coffey, representing the county, attorney's office, addressed the Council,. Mayor Vesta made a motion adopting the resolution. The motion was seconded by Councilman Fried. Resolution 94-35 was adopted by a 6 - 0 roll call vote. The vote was as follows: Page 2 of. 7. 0 September 13, 1994 Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. County Commissioner Maurice Ferre also addressed the Council At this time, Attorney Weiss advised the Council that the state has ruled that the county's master plan amendment relating to the Seaquarium project has been ruled inconsistent with the county's master plan; 7. PUBLIC COMMENTS: Martha Broucek, 170 Ocean Lane Drive, addressed the Council regarding the Village's sign ordinance and its relation to political signs. Bonnie Cooper, 77 Crandon Boulevard, addressed the Council regarding the location of the proposed playground on the Crandon Boulevard tree farm. 8. ORDINANCES: There were no ordinances scheduled for Council consideration. 9. RESOLUTIONS: The clerk read the following resolution` by title: A RESOLUTION OF THE VIra.AGE OF KEY BISCAYNE, FLORIDA;. RECOGNIZING CITY' GOVERNMENT WEEK, OCTOBER 23 - 29, 1994, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Fried, Resolution 94-31 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk read the' following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING DR.-ELLIOT TYLER FOR HIS EFFORTS TOWARDS THE SUCCESSFUL RESTORATION OF THE KEY BISCAYNE BEACH; PROVIDING FOR AN EFFECTIVE DATE.. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. Stuart Simon, 615 Ocean Drive, and Sandra Goldstein, 611 Ocean Drive, spoke in support of the resolution. Resolution 94-32 was adopted by a 6 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerk read the following resolution by title Page 3 of 7 . _ .:. .'. September 13, 1994 ,A RESOLUTION OF THE VILLAGE' OF KEY BISCAYNE, FLORIDA; COMMENDING WILLIAM E. CROYSDALE FOR HIS SERVICE TO THE VILLAGE AS A SPECIAL MASTER; PROVIDING FOR AN EFFECTIVE ;DATE. Vice Mayor Rasco made a motion adopting the resolution. The. motion was seconded by Mayor Festa. Resolution 94-3,3 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. The clerl read the following resolutionby title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;' RECOGNIZING JANE YnRNELL •FOR HER MANY YEARS OF COMMUNITY SERVICE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Mayor Festa. Resolution 94-34 was adopted by a 6 - 0 voice. vote- The, vote was, as. follows: Councilmembers Fried,'Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Thefollowingresolution was deferred until the meeting of September 20, 1994- A RESOLUTION. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERTAINING TO PUBLIC EDUCATIONAL FACILITIES ON KEY BISCAYNE; URGING THE SCHOOL BOARD TO ABANDON ITS CURRENT PLAN TO RENOVATE KEY BISCAYNE ELEMENTARY SCHOOL IN FAVOR OF A PLAN TO BUILD A NEW PUBLIC' SCHOOL; URGING THE CONSTRUCTION OF A LOCAL MIDDLE SCHOOL (GRADES 6-8) SIMULTANEOUS WITH AND CONTIGUOUS TO THE NEW ELEMENTARY SCHOOL; PROVIDING FOR TRANSMISSION; PROVIDING FOR:-SEVERABILITY AND AN EFFECTIVE DATE. 10. REPORTS' AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. The Council briefly discussed the creation: of an Occupational License Equity Study Commission. Mayor Festa made a motion creating the commission and requesting that staff prepare recommendations on the matter. The motionwas seconded by Councilman Sime and adp ted_by a 4 - 2, The vote was as follows; Councilmembers Fried, Sime, Waid, and Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Rasco voted No. Councilman Waid discussed his concerns regarding the, collection of stormwater utility fees from condominiums. The following Page 4 of;7 September 13, 1994 addressed the Council: Lorenzo Kelly, 240 Woodcrest Road; Michele Padovan, 425 Grapetree Drive; and Paul Froehler, 305 Galen Drive.` Attorney Weiss addressed the matter.` There was extensive Council discussion regarding the issue. Staff was directed to meet with the condominium managers to further discuss the matter. Councilman Sime gave an update on her work regarding playing fields on Virginia Key. Councilman Sime invited all councilmembers to participate in a site visit scheduled for September 21, 1994 at 5:00 p.m. Jim Iri, 143 East Enid Drive, addressed the Council. Village Attorney. Attorney Weiss gave a brief presentation regarding procedures for public zoning hearings as a result of recent Florida Supreme Court rulings. Village Clerk. The clerk announced that the mayor's office had issued following proclamations: Anti -Graffiti Week (October 31 - November`,4, 1994) and Osteopathic Medicine Week (October 9 - 15, 1994). Village Manager. The manager stated that St. Agnes Catholic Church has requested a formal agreement between` the church and the Village for public use of the athletic field on church' property, Miguel Gonzalez, 100 Harbor Drive, representing St. Agnes Catholic Church, addressed the Council. After extensive discussion, it was the consensus of the Council that' the manager, church representatives and representatives of the Key Biscayne Athletic Club meet to further discuss the matter and return with a recommendation to the Council at a later date. The manager discussed the proposed relocation of the Nixon Villa from its current location at the Key Biscayne Hotel and Villas property.; Cris Sager, 335 Harbor Drive, addressed the Council. The mayor requested that a resolution be drafted in support of the project being coordinated by the Key Biscayne Chamber of, Commerce The manager gave an update regarding the following elements of the Village's stormwater utility project: Holiday Colony area; area west of Crandon Boulevard; and water distribution system improvements. Henny Becker, 290 West Mashta Drive, addressed the Council. The manager reported that bidding documents for bus shelters will be drafted prior to the end of the year. He also indicated that Building, Zoning and Planning Department staff is still reviewing the East Enid Drive area. Page 5 of 7 September 13, 1994 • By consensus; the Council designated the property commonly referred to ad- the Crandon Boulevard Tree Farm as the "Village Green". The manager gave an update on the progress regarding the development of- the Village Green. An update was also given regarding the negotiations with the., refuse collection contractor. The manager presented.a summary of the Community Grants program. The manager, requested that the Council re -consider the application at,. the Key, Biscayne 'Music and Drama Club. Paul Froehler;'` 305 `Galen brave, 'spoke in `support' of the application. Councilman Llorente made a motion awarding a grant to the Key Biscayne Muaic . and Drama Club in an amount of $9,975'.0.,,,The mot'.bn was seconded• 'by Vice "Mayor Rasco and adopted by ay.-5 1 voice vote The vote'was'as fellows: Councilmembers Fried,;!, Llorente, Sime, Waid, and Vice -Mayor Rasco voting Yes:' Mayor' Festa voted No,. The manager announced, that,- thededication ceremony of the Emergency Services Complex has been" tentatively scheduled for November 1, 1994, at.:5:00 p.m. The manager also announced that the Village will be cooperating with the Scottish American Society of South Florida and their annual.ScottishwFestival. Vice Mayor Rasco made a motion approving the agreement between the manager and the society. The motion' wasseconded by Mayor Festa'_and adopted by a 6 - 0 voice vote. The vote was. as fo11ows: 'Councilmembers Fried, Llorente, Sime Wail, Vice MayorRasco, and Mayor Festa voting Yes. The manager introduced Guy Smith, 701 Fernwood Road, who requested the Council's permission for the installation of artwork on Crandon Boulevard during the Fourth of July weekend. Councilman waid made a motion approving the. project and granting permission for the installation of the' artwork on Crandon Boulevard during the Fourth' of July weekend. The motion was seconded by Councilman Sime'and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and MayorFesta voting Yes. The manager submitted the following informational items: monthly departmental reports; monthlyfinancial' statement; a memorandum from the police chief, regarding false alarms, dated June 22, 1994; a letter from Scott Cody, University of Florida, regarding population figures,, dated, August 12, 1994; a letter from Adelphip. Cable Communications, to €he, Federal Communications Commission, fregarding cable rate approval, dated August 12, 1994; a letter`' from Fran'Mainella, Florida Department of Environmental` Page 6 of 7 September 13, 1994 Protection, regarding recreation planning, dated August 16, 1994; a memorandum from the deputy police chief, regarding immigration, dated August 19 1994; a letter from Joaquin Avino, Metropolitan Dade County, regarding Crandon Boulevard bike -path, dated August 23, 1994; a letter from Joaquin Avino, Metropolitan Dade County, regarding participation in the county's solid waste management system, dated August 31, 1994; a letter from Armando Vidal, Metropolitan Dade County Public Works Department, regarding county's road impact fee ordinance, dated September 2, 1994; and a letter from Robert Barron, Coastal Management and Consulting, regarding beach weed control, dated September 7, 1994. 11.. OTHER BUSINESS/GENERAL DISCUSSION: There was brief discussion regarding the Village's sign code. The clerk stated that proposed amendments to the sign code will be advertised for first hearing at the Council's meeting of October 11, 1994. Bill Ofgant, 512 Fernwood Road, addressed the Council. 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 10:25 p.m. Approved this IVetdayof ar , 1994. Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAC [rtt 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 7 of 7 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA" TUESDAY, SEPTEMBER 20, 1994 COUNCIL CHAMBER 85 WEST-MCINTYRE STREET,`SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order at 7:05 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente (arrived at 7:15 p.m.), Betty Sime, Raymond Sullivan, John Waid, and. Mayor John Festa. Also present were Village Clerk Guido Inguanzo, Village Attorney Steve Helfman and Finance Director Jack Neustadt (serving as acting Village Manager). 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 Sime announced that a field trip has been scheduled for Wednesday, September 21, 1994, at 5:00 p.m., to Virginia Key in reference to the possible location of playing fields at. that location. Councilman Sullivan requested discussion regarding memorandums being written by councilmembers. There was no objection to adding the item- Councilman Waid made a motion to defer discussion of the school facilities' resolutions (Item 7-A)'. The motion was seconded by Councilman Fried and failed on a 3 - 3 voice vote. The vote was as follows: Councilmembers Fried, Llorente and Waid voting Yes. Councilmembers Sime, Sullivan and Mayor Festa voted No_ Councilman Sullivan discussed his concerns regarding the transmission ofmemorandums among councilmembers and specifically read one from Councilman Llorente, dated September 15, 1994, regarding the school board budget. Councilman Llorente responded to the concerns expressed by Councilman Sullivan. It was the consensus of the Council that councilmembers not communicate via memorandums. 5. SPECIAL PRESENTATIONS: There were no special presentations scheduled. 6. ORDINANCES: There were no ordinances considered by the Council. Page 1 of 4 September 20, 1994 7. RESOLUTIONS: The Council discussed a resolution, regarding educational school facilities on Key Biscayne, drafted by the Council's School Advisory Committee. The Council also discussed. a substitute resolution sponsored by Councilman Fried. The clerk read the following resolutions by title A RESOLUTION OF THE VILLAGE' OF KEY BISCAYNE, FLORIDA PERTAINING TO PUBLIC SCHOOL EDUCATIONALFACILITIESON KEY BISCAYNE; URGING THE SCHOOL' BOARD TO ABANDON ITS CURRENT PLAN TO RENOVATE KEY BISCAYNE ELEMENTARY SCHOOL. IN FAVOR OF A PLAN TO BUILD A NEW PUBLIC SCHOOL; URGING THE.. CONSTRUCTION OF A LOCAL MIDDLE SCHOOL (GRADES 6 8) SIMULTANEOUS -WITH. AND CONTIGUOUS TO HE NEW ELEMENTARY SCHOOL; PROVIDING FON-TRANSMISSION ' PROVIDING FOR SEVERABILITY AND AN EFFECTIVE, DATE. (SCHOOL ADVISORY COMMITTEE,. A RESOLUTION OF THE VILLAGE. OF KEY BISCAYNE, FLORIDA PERTAINING TO PUBLIC SCHOOL EDUCATIONAL FACILITIES; -URGING THE -DADS COUNTY SCHOOL BOARD TO ABANDON ITS CURRENT PLAN TO RENOVATE THE KEY BISCAYNE ELEMENTARY SCHOOL AND ADOPT ANEW PLAN ,20.BUILD A NEW Er 7TARY SCHOOL ON TEE SAME SITE; INCLUDE THE ADDITIAN 01 MIDDLE SCHOOL GRADES, SUFFICIENT TO SATISFY THE KEY BISCAYNE'POPULATION; PROVIDING FOR TRANSMISS?_9N; PROVIDING FOR SEVERABILITY'AND AN EFFECTIVE DATE. (CO,HNCILMAN DRIED) The folrowang'lresidents addressed the Council: Martha Broucek, 170 Ocean Lane Drive; Antonio Camejo, 151 Crandon Boulevard; Susan FogsrAosellini, ,15J Crandon Boulevard, Alan Fine, 525, Allendale Road; James Irl,, 143, East Enid priye, Michael" Kahn, 881 Ocean rive ;and'Michele Padovan, 425 Grapetree Drive. Councilman Llorente made a motion;adopting the proposed Fried resolution. The motion was seconded by Councilman Waid. Councilman Waid_offered an amendment changing the title by deleting,"renoirate" and inserting,"expand". The motion was seconded by Mayor Festa and adopted by a, 6 - 0 voice vote. The vote was as „follows: Counci7.members Fried, Llorente, Sime, Sullivan,; Waid, and Mayor Festavoting Yes. Councilman Sullivan offered an amendment to delete references to ^'on the same site." The motion wasseconded by Mayor Festa and failed on a 3 `'3 voice vote. The vote was as follows: Councilmembers Sime, Sullivan and Mayor Festa voting Yes. Councilmetubers.Fried, Llorente and Waid voted No. September 20, 1994 Counc7.linan Sullivan made a motion to delete references to a "middle school" and insert "grades`6 8 The motion was' seconded by Councilman Fried and adopted by a.6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Wald, and Mayor Festa voting Yes. The amended Llorente motion, and Resolution 94-36, was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 8. BUILDING, ZONING AND PLANNING: Hearing Number 94 -0920 -VC - 01, a request by the Royal Biscayne Venture (Grand Bay Tower and Resort) for an administrative development tract review of the property located between Crandon Boulevard and the'Atlantic Ocean and between East Heather Drive and Galen Drive, was heard by the Council•. Building, Zoning and Planning Director John Little stated his recommendation for approval of the application subject to specified conditions. Woody Weiser, 3250 Mary Street, Miami, representing_; the applicant addressed- the Council: The following individuals, also representing the applicant, discussed the project with the Council: Marty Margoulis, 3 Grove Isle, Miami; Stuart Cohen, 8603 South Dixie. Highway, Miami;' Taft Bradshaw, 4337 Seagrape Drive, Lauderdale -by -the -Sea; and Carter McDowell, 100 Southeast 2 Street, Miami. Mayor Festa opened the hearing for public comments. The following residents addressed the Council: Conchita Suarez, 201 Crandon Boulevard; Martha Broucek, 170 Ocean Lane Drive; Bill Ofgant, 512 Fernwood Road; Michele Padovan, 425 Grapetree Drive; Cecilia O'Reilly, 475 Allendale Road; Tony Camejo, 151 Crandon Boulevard; Shirley Brill, 550 Ocean Drive; Cliff Brody, 180 Harbor Drive; and Michael Kahn, 881 Ocean Drive. Councilman Fried made a motion adopting staff's recommendation. The motion was seconded by Councilman Llorente and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 9. REPORTS ANDRECONMENIDATIONS: There were no reports submitted for discussion. 10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council. Page 3 of 4 September; 20, 1994 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public.. 12. ADJOUR)Th NT: The, meetingwas adjourned at 9:20 10.m. Approved this Ci day of O ''e^' ,,1994. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAr.a..it 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 4 of 4 MINUTES VILLAGE COUNCIL BUDGET HEARING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, SEPTEMBER 26, 1994 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 Mortimer' Fried, Raul'Llorente, Betty Sime, Raymond Sullivan, John Wald, Vice Mayor Joe Rasco (arrived at 7:15 p.m.), -and Mayor John Festa. -Also present, were Village` Manager Sam Kissinger, Village` Clerk Guido Inguanzo and Village Attorney Gilberto Pastoriza. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. APPROVAL OF MINUTES: There wereno minutes submitted for the Council's consideration.: 4 AGENDA: There were no changes to the agenda. 5. SPECIAL PRESENTATIONS: There were no special presentations RESOLUTIONS: The clerk read the following resolution: A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa opened a public hearing. The following residents addressed the Council: William Croysdale, 550 Ocean Drive; D. H. Curtis, 675 Curtiswood Drive; Hugh O'Reilly, 475 Allendale Road; Bill Ofgant, 512 Fernwood Road; Ed Meyer, 100 Sunrise Drive; Michael. Kahn, 881 Ocean Drive; Michele Padovan, 425 Grapetree Drive; Martha Broucek, 170 Ocean Lane Drive; and Fred Perkins, 485 West Matheson Drive. There was extensive discussion regarding the final millage rate. Mayor Festa made a motion to increase the Administration's budget by $7,000.00 as per the manager's recommendation. The motion was seconded by Councilman Sullivan and adopted by a 6 - 1 voice vote. The vote was as follows Councilmembers Fried, Sime, Sullivan, Wald; Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Liorente voted NO. Page 1 of ,3 September 26, 1994 The Council concurred with the manager's recommendation for an additional reduction of $40,000.00 in the Recreation Department. Councilman Waid made a motion that the manager reduce an additional $16,707.00 from the budget. The motion was seconded by councilman Sime and adopted by a 5 - 2 voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Waid, and. Mayor Festa voting Yes. Councilman Llorente and Vice Mayor Rasco voted BR). Mayor Festa made a motion adopting the millage rate resolution. The, motion. was seconded by Councilman Sullivan, Resolution 94-37 was adopted, by,a`.6 - 1 roll. call vote. The vote was,as follows: Councilmembers:Fried, ,,Llorente, Sime, Sullivan,; Vice Mayor Rasco, and Mayor'Festa. voting Yes. Councilman Waid voted No. 7. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET. FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995 IN THE AMOUNT OF $9,654,439.00 PURSUANT TO FLORIDA STAiul. 200.065 (TRIM BILL);' SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET;', PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion to appropriate funds resulting from reductions iv line items in the amount of $449,320.00 in the capital, outlay. The motion"was seconded, by Councilman Llorente and adopted by a 6 - 1 voice vote': The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Waid voted No. Mayor Festa made a motion adopting the ordinance. The motion was seconded by:Councilman Sime and adopted by a' unanimous roll call The lote'wwee as follows; Councilmetbers Fried, Llorente, Sime, $u liven,; Waid,. Vice Mayor Rasco, and Mayor Festa voting Yes. 8. REPORTS AND RECOMMENDATIONS: There were no reports submitted for the Council's consideration. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further,. business discussed'.' 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of meetings. and events was presented to the Council and public. Page, 2 of 3 September 26, 1994 11. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. L day of 0 c , 1994. Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TLS VILLAGE COUNCIL WITH RESPECT TO ANY MArThR 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 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY,SEPTEMBER 27, 1994 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 Mortimer Fried, Betty Sime, Raymond Sullivan, John Waid (arrived at 7:10 p.m.), Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Raul Llorente was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consideration. AGENDA: There were no changes to the 5. SPECIAL PRESENTATIONS: There were no scheduled. 6.' ORDINANCES: There were no ordinances Council's. consideration. 7. RESOLUTIONS: There were no resolutions considered by the Council. agenda. presentations submitted for the 8. BUILDING, ZONING AND PLANNING: The attorney briefly reviewed the procedures for zoning hearings enacted as a result of recent court rulings. The following hearings were:heard by the Council: Hearing N caber 94 -0927 -VC -01, Key Biscayne Cablevision, the applicant, 971 Crandon Boulevard, requested an after -the -fact non-use variance to permit four satellite dish antennas on the roof of the L'Esplanade building.. At the request of -staff and the applicant, Mayor Festa made a motion to defer the -hearing. The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor-Festa voting Yes. Page 1 of 3 September 27, 1994 John Haines, 210 SeaviewDrive, .briefly addressed the Council ,regarding the re -scheduling of the hearing. Hearing Number 94 -0927 -VC -02, Mark and Katherine Bellissimo,the applicants,, 50 Cape Florida Drive, requested a non-use variance from twenty-five (25), feet front setback requirement to permit a front setback of nineteen feet and six inches' for proposed addition to residence. All persons giving testimony in this hearingwere sworn -in by the. clerkE ,. a' Building, Zoning.end Planning Director John Little ecommendatipnfor,approval of the application..' Ignacio Saboleta, 7412 West 48 Street, Hialeah, representing the applicant, addressed the Council and concurred with staff's recommendation - Councilman Fried made a motion adopting staff's recommendation. The motion was seconded by Vice Mayor Rasco.` After brief discussion, the motion wasadopted by a 6 -,0 roll call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Waid, Vice Mayor Pasco, and. Mayor Festa;voting ,Yes - Hearing Number 94-0927-UC-03, Key Colony Dry Cleaners, Inc;, the applicant, 180,:. Crandon Boulevard, Units 105 and 106„ requested a use variance from the present zoning classification of BU -1 (Business Districts i- Neighborhoods) to permit a BU -1A (Business Districts - Limited) use - All persons giving testimony in this hearing were sworn -in by the clerk. Building, Zoning and Planning Director Little stated his recommendation for approval of the application subject to specified conditions.. Akbar Siddiqkard, 180 Crandon Boulevard, the applicant,addressed the Council and concurred with staff's recommendation. The following addressed the Council regarding the application: Bienvenido Benach, 270 Cypress Drive; James Pilafian, 180 Crandon Boulevard; Michael. Bracken, 224 West Mashta,Drive; and Ed Beals, 360 Woodcrest Road. Councilman Waid made a motion approving the request for a variance. The motion was seconded by Councilman Fried and Page 2 of 3 September 27, 1994 adopted by a 4 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Sime, Waid, and Vice Mayor Rasco voting Yes. Councilman Sullivan and Mayor Festa voted No. 9. REPORTS AND RECOMMENDATIONS: There were no reports submitted. 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. 12. ADJOURNMENT: The meeting was adjourned at 8:30 p. Approved this il4k day of OC re- , 1994. Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY Marna 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 3 of 3 MINUTES VILLAGE OF KEY BISCAYNE VILLAGE OF KEY BISCAYNE, FLORIDA' TUESDAY, OCTOBER 11, 1994 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 Mortimer Fried,' Raul Llorente, Betty Sime, Raymond Sullivan,; John Waid, Vice Mayor Joe Rasco (arrived at 7:15 p.m.), and Mayor John', Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and village attorneys Steve Heitman and Richard Weiss. 2. INVOCATION: Father Robert Libby, of St. Christophers-by-the- Sea Church, gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. MINUTES: Councilman Fried made a motion adopting the minutes of the budget hearing of September 8, 1994, the minutes of the regular meeting of September 13,1994, the minutes of the special meeting of September' 20, 1994, the minutes of the budget hearing of<:September 26, 1994, and the minutes of the specialmeeting of September 27, 1994. The motion was "seconded by,Councilman Waid and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid and Mayor Festa voting Yes. 5. AGENDA: Mayor Festa made a motion deferring discussion of the capital improvement program (Item 10-A-1). The motion was seconded byCouncilman Sime and adopted by a 5 0 voice vote. The vote 'was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Mayor Festa and° Councilman Sime requested that Items 6-B` and 10-A-11,`;relating to Dr. Elliot Tyler, be discussed at the same time, Councilman Llorente requested deferral ofdiscussion of Item 10-A-14 regarding Resolution 94-36. There were no objections to the additional agenda changes. 6. SPECIAL PRESENTATIONS:' a copy of Resolution 94-33 his service to the Village Mayor Festa and the Council presented to William E. Croysdale recognizing as special master. The mayor and Council presented a copy of Resolution 94-32 recognizing Dr. Elliot Tyler for his efforts towards the Page 1 of 8 October 11, 1994 successful restoration ofthe;Keyt`BiscayneiLBeach. Stuart Simon and Sandra Goldstein "accepted the resolution on behalf of Dr. Tyler. By consent, the. Council, approved•the,„placement of a commemorative sign on the beach, within the Village limits, recogniz ng,DX- Tyler's work. 7. PUBLIC 'COMIlINTS: Jane Smith, 350 West Enid Drive, addressed the Council regarding the Island Garden Club's recent request for a grant from, the V±11age. Mayor esta indicated that he will place tie item 'for, reconsi dera6:161-1,;,'7'7,": ,ion .on rthe next, C7a.cil .agenda. RDINANCE3: The':c] erk read the, £oflpwing uor nce', on: first: readingx,i- by title , o. AN'ORDII�TNATCE OFD THE VILLAGE Or ICET BISCAYNE;` FLORIDA;" c EATING A NEW CHAPTER ENTITLED "FILMING"; PROVIDING "FOR •DEFINITIONS;- PROVIDING FOR APPLICABILITY:.. REQUIRING.A PERMIT'MW PxPRMIT FEE;' PROVIDING FOR LIMITATIONS; REQLTIRINGNOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING ITS;,, PROVIDING FOR AN APPEAL PROCEDURE;, PROMO EXEMPTIONS; PROVIDING PENALTIES' ' PROVIDING FQi SEi�}ERABILIT3t, INCLUSION IN ,THE, .CODE, AMID .AN EFFECTIVE, ^b ' t } fib ? 0 r Btzld�g.� ana.,n a lann>ag Director John Lithe discussed the ordin iith c l The, mayor' opened a public hearing. The fo residents,, ad dressed`' the Council ko Sarasua,' 442 Ham td ` ade `Cli•f ord Brody T.80 Harbol rive Edward Slaves, 301 Pa oad+La e, and Mary Schulman, 11 " ,. Crandon tou'ui'euatd° After*'br ef`discussion, Vice Mayor Rasco'tna'e'a motionftadppting the ordinance on first reading. The motion was s'e'conded. by Councilman.,Sime. y - r, r . . Council an aid "offered an amendment, tipat, if rthe limits, imposed by orrd� n to are exceeded,. that a provision be;' inserted' requiring.` appro l ° erighbors" The' amendment`'Was econded by Coundilman Fried amd apted„ by a, 4 3 voice vote. The vote was €ollo , flId`ounci.lmezflbere Fried, Llorente, Wald., and Mayoir.Feste votin s Councilmembers Sime, Sullivan "and' Vice MayorRasco voted To- C The amended ordinance was adopted by a unanimous °roll nail vote. The vote,:.was as follows: Councilmembers ,Fried, Llorente,..S;ime, Sullivan, _ Waid',� Vice Mayor Rasco, and Mayor" , F'est,a voting 'Yes. The clerk read the following ordinance, on first reading, by title: Page. 2 of a October 11, 1994 AN' ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDINGSECTION 30-23 AND ADDING SECTION 30-24 TO THE 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 fl CODE AND AN' EFFECTIVEDATE. Building, Zoning and Planning Director Little stated his recommendations regarding the ordinance. The mayor opened a public hearing. The following residents addressed the Council: John Rosser, 300 Redwood Lane; Clifford` Brody, 180 Harbor Drive; Henny Becker, 290 West Mashta'Drive and Bill Ofgant, 512 Fernwood Road. After extensive discussion, Councilman Waid made a motion to defer discussion of the ordinance until the meeting of November 15, 1994. The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor rasco, and Mayor Festa voting Yes. The clerk read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES ENTITLED "SIGNS" BY AMENDING SECTIONS 28-2, 28-3, 28-5, 28-6, :28-'7,` 28-8, 28-9, 28-10, 28-11, 28-12, AND 28-13 OF THE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS; PROVIDING FOR SIGNAGE OF GASOLINE STATION PARCELS; ALLOWING REAL ESTATE OPEN HOUSE SIGNS IN THE VILLAGE; REQUIRING VILLAGE ;COUNCIL APPROVAL FOR MULTITENANT CENTER SIGNS; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The building, zoning and planning director stated his recommendations regarding the proposed ordinance. Mayor Festa opened a public hearing. Bill Ofgant, 512 Fernwood Road, addressed the Council. Vice Mayor Rasco made a motion adopting the ordinance on first reading." The motion was seconded by Councilman Fried and adopted by a 5 - 1 - 1 roll call vote. The vote was as follows: councilmembers<Fried, Llorente, Sime, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sullivan voted No. -Councilman Waid was absent during the vote:' Page 3 of 8 October11, 1994 The clerk announced the second reading' for the': above, adopted ordinances; for November 15, 1994, at 7:00 p.m.~ 9. RESOLUTIONS The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE; FLORIDA; OFFICIALLY DESIGNATING THE PARCEL OF LAND COMMONLY REFERRED TO AS THE,„ "CRANDON BOULEVARD TREE FARM" AS THE "VILLAGE GREEN"; PROVIDING FOR AN EFFECTIVE DATE. , ; Mayor Fiesta made a motion adopting the,resolution. The motion wasseconded by; Vice, Mayor "Rasco. ,Resolution 94-38- was adopted by a .6 ,� 0 r, voiceo,voote. The, vote was as follows Councilmembers Fried, Llorente, , e,,, Sjul ivan,Vice Mayor Itasca,; and Mayor Festa voting Yes, Councilman Waid was absent during the vote., The clerk, read the?„ following resolution. by, title: A RESOLUTION, OF THE VILLAGEOF KEY BISCAYNE, FLORIDA; AWARDING A CONTRACT TO DOMINICA RECREATION PRODUCTS FOR THE\ PURCHASE OF PLAYING EQUIPMENT' FOR THE VILLAGE GREEN AND CALUSA PARK, AT A COST NOS yAram, $125,000.00; PROVIDING FOR se INGENCY ® ®ING, 'PROTID NG FOR AN EFFECTIVE DATE." Councilman Fried made mot onxadopt ng the resolution. The motion wasp seconded by Mayo Fes t • Mayor Festa offered= an44amendment d leting references. to Calusa Park and, aPprootpritingirs9a4pq9diola or the Village Green project. The amendment? was secondedby y o ncilman-. Lloren e, and,. adopted on a 6 - 0 1 vtwice vote. v as? as.;,followe :Counci,lriembers Fried, Llorer e Sime, t.Sulliva ; c 'Mayor Rasco, and Mayor. Festa ?vot ng�„Yes councilman Wa^idl..was absent uring "the vote. Resolution 94-39, ,as, amended, was adopted by a unanimous voice vote. The vote was)a full ws,, councilmenibers, Fried, Llorente, Sime, Sullivan., Waid,`Vice Mayor`Rasco, and Mayor Festa voting yes. The clerk readthe following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SUPPORT FOR THE KEY BISCAYNE CHAMBER OF COMMERCE'S GRANT APPLICATION WITH, THE METRO-DADE CULTURAL , .AFFAIRS COUNCIL FOR. THE RELOCATION OF THE "NIXON-KENNEDY" VILLA; PROVIDING FOR 'AN EFFECTIVE DATE. Page, 4. of 8 October11, 1994 The following residents addressed the Council: John Rosser, 300 Redwood Lane; Pierre Dupeyrovx, 425 Grapetree Drive;; Mary Schulman,1121 Crandon Boulevard; Jacqueline Sanchez, 385 Ridgewood Road; Alan Fine, 525 Allendale Road; and Anne Owens,` 200 Ocean.Lane Drive. After brief discussion, there was no Council action on the resolution. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. `Attorney Helfman gave an update regarding the Village's comprehensive plan. A statement of intent, regarding the plan, from Florida's Department of Community Affairs was`discussed. It was the consent of -the - Council that the attorney and Master Plan consultant Robert Swarthout meet with state officials to further discuss the matter and report to the Council at a future date. The Council discussed"the appointment of an Occupational License Study Commission. Mary Schulman, 1121 Crandon, Boulevard, and Clifford Brody, 180 Harbor Drive, addressed the Council. By consent,the Council deferred discussion on the item. Councilman Llorente discussed the issue of property' assessments on Key Biscayne'. The Council discussed the issue of an elected versus an appointed county property appraiser.' Councilman Llorente discussed the county's use of Crandon Park land for concurrency requirements in approving' Development of Regional Impact properties within the Village. The councilman also addressed the exclusion of public input regarding an agreement between Metro -Dade County and the Matheson family concerning Crandon Park. Attorney Weiss discussed the matter with the Council. The mayor discussed a memorandum he received from Councilman Llorente regarding the calling of special meetings as per the requirements of the Village Charter. Attorney Weiss indicated he will research the matter regarding the adoption of a procedure, in compliance with the state's sunshine law, for the calling of special meetings by councilmembers. Martha Broucek, 170 Ocean Lane Drive, addressed the Council: Councilman Sullivan gavean update on his meeting with the Dade' County School Board and school superintendent regarding the Key` Biscayne Elementary School:` The following residents addressed ih Page.5 of -8 October 11, 1994 the2Council:; Martha Broucek, 170. Ocean. Lane --Drive Alan Fine, 525 Allendale' Road; Mary Schulman, 1121: Crandon Boulevard;, Tony camejo, 151 Crandon Boulevard; and Bill Ofgant, 512 Fernwood Road. , 'he Council concurred to schedule a workshop for to ,w 'further discuss the mattes. Mayor Festa made a mots ri g , 'authorizing that a letter be sent to the school board asking "for an agenda item at their next. meeting for the purpose of. requesting a halt to the process of renovating the Key Biscayne, Elementary School and authorizing the village Attorney and " Councilman Sulliyannto, present ;the, ;itzemTcat. the meeting.„ ache mot+ion,',,was seconded "by Councilman` Sime `and adopted by 4 , 3 voice; vote. The vote was as follows: Councilmembers Fried, S±±tme,`" Sullivan,.. and,, Mayor Etas ta voting Yes, , .Councilmembers ,L1prente, Waid and Vice Mayor Rasco voted. No. ' The mayor'; discusaed 'the .issue of casino gambling and;.#if approved by the voters is November, its impact pn the Villages Charter provisson roh biting ,casino within tone 1imite Camille Guething, 26b Seaview Drive,"'id ,ScottcBass,' 2411 Galen;Drive,}' addressed the Council. Councilman' Fried made a"mot ion author»ing the attorney to study the matter ��_Themotion was, secdn ;b ded y. Mayor Fester and adopted by" a unanim0US, Va e( vote. The vote'was •as tfollows Councilmemhe&rs Fred, Llore ; e;, Sime, Sullivan, 'Wald,' Vice Mayor R Sco,� 'and,Mayon Feste voting Yes Mayor Fester made a motion, requiring the village; Manager to seek council{°;£approval: `for,;any„ increases 'in ,deartment head "salaries' that exceed monies authorized by:gthe.Council in the,fiscal`budget, as well as approval of"contracts with employees.' The motion was seconded by .Councilman Liorente. .After brief discussion,, the mayor "withdrew hie oration. Mayor Testa madea motion to extend the„ meeting until< 11:30- p.m. The motion was seconded by Councilman Llorente and adopted by a unanimous, voice: vote..' the, vote was as follows: counctilmembers Fried,`Llorente, time `Sullivan, Waid, Vice Mayor Rasbb,.and , Mayor Festa voting Yes. The Council disc 'ssed..a „proposal by a citizen's committee regarding, the amendment, of Section 30-54'of.the village's zoning code. The' fall -owing residents addressed the Council: John Rosser'",300 Redwood Lane; Katherine Slavens, 301 Palmwood Lane; Clifford Erody, _"1180 Harbor Drive; and Hugh O'Reilly,' 475 Allendale Road.' Vide Mayor Rasco made a motion that a proposed ordinance. regarding this matter be discussed at the' zoning" hearing of:October 25., 1,994. The motion was seconded by Counc , ilman Sim' and adopted by a 6'='1 voice vote. The vot as follows "Councilmembers.'Fried, `Llorente, Sime, Sullivan, Wald, and Vieet`Mayor'Basco voting Yes. 'Mayor Festa voted No. Page 6 of 8 October 11, 1994 Village Attorney. The attorney's report was deferred. Village Clerk. The following proclamations were issued by the mayor's office: United Nations Day (October 24, 1994) and Arts and Humanities Month (October 1994). At the request of the clerk, Councilman Fried made a motion authorizing travel for the clerk to attend the Florida Institute of Government's clerk certification institute to be held November 14 - 18, 1994, in Jacksonville, Florida. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Village Manager. The manager's report was deferred. The following informational items were presented for the Council's review: monthly departmental reports; a letter to County Commissioner Arthur Teele, from James Quinn, Florida Department of Community Affairs, regarding proposed comprehensive plan amendment for Dade county, dated September 1, 1994; a letter from Bob Crawford, Florida Department of Agriculture and Consumer Services, regarding a tree planting grant application, dated September 12, 1994; a letter to the mayor, from Harvey Ruvin,:Clerk of the County 'Courts, regarding proposed changes to the parking ordinance and estimated enhances revenues, dated September 13, 1994;, a letter from Deborah Higer, Metro -Dade Solid Waste Management, regarding municipal inclusion in county solid waste management system, dated September 13, 1994; a letter to Guy Smith, from Edward Yarnell, Key Biscayne Fourth of July Parade Committee, regarding American flag art display, dated September 14, 1994; a letter from Jeffrey Bunting, Metro -Dade County Aviation Department, regarding aircraft noise abatement, dated September 20, 1994; a letter from Marc Roger, Florida Department of Community Affairs, regarding hazard mitigation grant program, dated September 20, 1994; letters to the police chief and deputy fire rescuechief, from Vivian Andes, Commodore club west, regarding services during recent gas leak, dated September 30, 1994; a petition from residents, regarding placement of sidewalks within Village, dated October 1, 1.994, and a letter from the village attorney, regarding comprehensive plan, dated October 3, 1994. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed; 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. Page 7'of 8 ADJOURNMENT: The -meeting was "adjourned °at 11:40 p.m IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAnaR 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, EV'IDRNCZ UPON WHICH TEE APPEAL IS. TO BE` BASED. MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE YU.GSDAY, OCTOBER 18, 1994 (CONTINUATION OF OCTOBER 11, 1994 MEETING) 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 Mortimer Fried (arrived after roll call), Raul Llorente, Raymond Sullivan,, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa. Councilman Betty Sime was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. The clerk announced that the meeting was a continuation of the meeting of October 11, 1994: • Attorney Weiss gave an update regarding the Dade County/Matheson Family agreement regarding the use of Crandon Park. The attorneystated that he is drafting an agreement with Industrial Waste Management regarding refuse collection service for the Village. Edward Slavens, 301 Palmwood Road, and Kathy Slavens, 301 Palmwood Road, addressed the Council. The attorney briefly discussed the issue of an impact fee ordinance and its relation to the Development of Regional Impact (D.R.I.)'properties. The Council directed the manager to study the matter. Bill Ofgant, 512 Fernwood Road, addressed the Council. The clerk informed the Council that Ordinance 94-2 Committee, had filed proposing an ordinance amending the Slavens 301 Palmwood Road, and John addressed the Council. a petitioners committee, the initiative proceedings Villages zoning' code.- Kathy Rosser, 300 Redwood Lane, The manager discussed correspondence received by his office regarding the Mashta Causeway reconstruction project. Village Engineer Carlos Penin addressed the Council. The manager was directed to further review the matter with residents of the area and prepare a recommendation for the Council. The manager gave an update regarding the Village Green project. There was extensive discussion regarding the addition of supplementary contractual services with PNM Corporation for the Page 1 of 3 October 18, 1994 completion of the project.: &ill.O'Leaf',::the Village's landscape architect„ addressed the Council.' Henny Becker, 290 West Mashta Drive, Hugh O'Reilly, 475 Allendale Road, and. Cecilia O'Reilly, x'75 Allendale -Road, also addressed:: -Ole touncll. The. manager recommended the waiving of-'competitive'bidding end 'awarding a change order to PNM.Corporation in the; amount of $238,388 for top soil, sod, and trees, Councilpan; Llor`ente made, a motion adopting the manager's: recommendation:" The motioiT was seconded by Vice Mayor Resco. Mayor Festa offered'an amendment deleting the tree option The amendmentwasseconded by,.Counclman Waid_. The . amendment fai1ed on -.a1 - S, vo1 rat vote.., the, vote, was` as f`ollows,: Mayor H1E0sta.voting Yes. Councalmembers Fri;ed, Llprente„ Sullivan w,Waad, and'-T�ce hayor Rasco voted 1No.. The;,iLlorente motionw .s;, dppted •by a 6. ( bra ce voles The vote eras as , ' follows'. Councilmemnbers, Fried„ •LLlprente, ,Suilivan, ;Waal,,. Dice Mayor Rasco, and, Mayor Festa voting Yes. The manager stated that He will be issu.;ng,operating procedures' for eoosdination of humanitarian efforts, on behalf of the, village,,t,in, cases of„.natural, disasters. 3. V l The manager stated that uniform waterway'markers along the lage's,„,Atlantic..Ocean coastl�na will be installed in the near futures.; .� ' '�..'._ The manager submatted.a report regarding the stormwater utility project. Be advised the Canneil that a $166,000.00 grant has been awarded to ,the Village, for the project,. There, was"extens'.ye di'cusGlen regarding the collection methods of stormwater,u i.'ity fees from the. condominium owners. Michele Padovan, 42 t.5`Grapetre�e'Drive, addressed'the' Council. The attorney was directed to further review the matter. The manager stated tha`t.a curbing project is underway on the GrapetreeD,rlivecid-de-sac;'improvements.. The manager gave an update on the contractual services agreement with the City of Miami. The following informational items werepresented for the Council's, review: monthly departmental reports; a letter to County Commissioner Arthur Teele, from James Quinn, Florida Department of Community Affairs, regarding proposed comprehensive plan amendment for -Dade county, dated September 1, 1994; a letter from Bob Crawford, Florida Department of Agriculture and Consumer Services, regarding a. tree planting grant application, dated Septembers -12, 1994; a letter to the mayor, from Harvey Page 2 of 3 October 18, 1994 Ru.vin, Clerk of the County Courts, regarding proposed changes to the parking ordinance and estimated enhances revenues, dated September 13, 1994; a letter from Deborah Higer, Metro -Dade Solid Waste Management, regarding municipal inclusion in county solid waste management system, dated September 13, 1994; a letter to Guy Smith, from Edward Yarnell, Key.Biscayne Fourth of July Parade Committee, regarding American flag art display, dated September 14, 1994; a letter from Jeffrey Bunting, Metro -Dade County Aviation Department, regarding aircraft noise abatement, dated September 20, 1994, a letter from Marc Roger, Florida Department of Community Affairs, regarding hazard mitigation grant `program, dated September 20, 1994; letters to the police chief and deputy fire rescue chief, from Vivian Andes, Commodore club west, regarding services during recent gas leak, dated September 30, 1994, a petition from residents, regarding placement of sidewalks within Village, dated October 1, 1994; and a letter from the village attorney, regarding comprehensive plan, dated October 3, 1994. The Council discussed the Building, Zoning and Planning Department's monthly report. Building, Zoning and Planning Director'John Little answered inquiries from the Council. Mayor Festa made a motion to hear the manager's capital projects item at this time. The motion was seconded by Councilman Sullivan and adopted by unanimous consent. The Council discussed and reviewed the proposed capital projects. The meeting was adjourned at 10:45 p.m. Mayor , 1994. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAlait 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 15 TO. BE BASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE; OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 25, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Vice Mayor Rasco at 7:00 p.m. Present were Councilmembers<Mortimer :Fried, Raul Llorente, Betty Sime .(arrived at 7:10 p.m.), Raymond Sullivan (arrived after roll call), John Waid, Vice Mayor Joe Rasco, and Mayor John Festa (arrived at 7:35 p.m.). Also -present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. PLEDGE OF ALLEGIANCE: Vice Mayor Rasco led the Pledge. 3. APPROVAL OF MINUTES: There were no minutes presented for the Council's' consideration. 4. AGENDA: Councilman Fried requested the addition of an item as Item 9-A-2. Councilman Llorente requested discussion regarding letter from John DelaFuente, dated October 25, 1994, as 9-A-3. Councilman Llorente also requested discussion of Item 10- A as Item 8-A-4. There were no objections to the agenda changes. 5. SPECIAL PRESENTATIONS: There scheduled. were no special presentations 6. ORDINANCES: The `'clerk read the-follo second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 OF THE CODE OFORDINANCESENTITLED "SIGNS" BY AMENDING SECTIONS 28-2,`28-3,-28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-11, 28-12, AND 28-13 OF THE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS; PROVIDING -FOR" SIGNAGE OF GASOLINE STATION PARCELS; ALLOWING -REAL "ESTATE' OPEN HOUSE SIGNS IN THE VILLAGE; REQUIRING VILLAGE COUNCIL APPROVAL FOR MULTITENANT CENTER SIGNS; PROVIDING -FOR THE REPEAL OF` -CONFLICTING PROVISIONS; PROVIDING FOR` SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.' Vice Mayor Rasco opened the public hearing. Tom O'Brien, 200 Ocean Lane Drive, addressed the Council. Councilman Fried made'a motion continuing the hearing to the meeting of November 15;" Page 1 of 5 October 25,"1994= 1994. The motion- Fwas.seconded=by Councilman Sime and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid,: and Vice Mayor Rasco voting Yes. 7. RESOLUTIONS: There :were no resolutions considered by the Council. 8. BUILDING, ZONING' AND PLANNING: The Council held the °11/41930-11g bearings nr° All.,persons-givingtestimony on znning hearings were the clerk s �.� ., �, ;. , µ Hearing,>#Number 94' -1025 -VC -01_ Mn sand Mrs,: Raul' Ravelo,• the applicant, 298 West MashtaDrive,' requested approval ofa:nonuse variance of fifteen (15') feet side street setback requirement to. permit a side.,s:treetesetback of eleten feet nd..four linuhe ,- (11'4")`for a proposed new residence. Building, Zoning and Planning Director John,Little•+stated. hip recommendation for denial of the application. Raul RaveloT298.West,Mashta Drive ,addressed the Council. After, briefs discussion, Councilman Fried.made a motion deferring the item to a future zoninghe aring. The motion wasseconded by Councilman Sime and adopted by a6 - 0 roll call vote. The vote was as-fol1owsr, Councilmembers.Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes. Hearing Number. 94 -1025 -SA -01. Key Biscayne Galeria, Inc;., the applicant, 328 Crandon Boulevard, requested a multitenant.sign graphics' approval for shopping center. Building,. Zoning and Planning Director Little stated his recommendation, for approval subject to specified conditions. The vice,mavore,opened the public hearing. Bill Ofgant, 512 Fernwood Ro&dy, addressed the Council. Councilman Fried made a motion adopting staff's recommendation. The motion was 'seconded hy Councilman Sime. After brief discussion 1councilMan Sime amended the motion to defer the item to a future zoning hearing. The motion was seconded by Councilman Waid'iand adopted by a 6 : - 0 - 1 roll, call vote. The vote was as to1iows: Councilmembers Fried, Llorente, Sime, Sullivan,; Waid, and Vice Mayor,Rasco voting Yes. Mayor Festa was absent during the vote. October 25 'Hearing Number.94-1025-VC-02. Nomar Investments, Inc.,, applicant, 800 Crandon Boulevard, requested approval of variancefrom presentenclosed uses required by Section. the (Dade County) zoning code to permit uses of outdoor and storage of potted plants. Building, Zoning and Planning Director Little stated his recommendation for denial of the application.• the a"nonuse.", 33-244of display Phillip Newcomm, 200 Ocean, Lane Drive, representing the applicant, addressed the Council. Ramon:Vidri, 151 Crandon Boulevard, the property owner, and Kim Taylor, 800 Crandon Boulevard, the tenant, also addressed the Council. Vice Mayor Rasco opened the public hearing. The following addressed the Council: Ed Stone, 145 Hampton Lane; Lorraine Sonnabend, 330 Pacific Road; Bob Brooks, 95 West McIntyre.. Street, representing the chamber of commerce; Cliff Brody, 180 Harbor Drive; _Bill Ofgant, 512 Fernwood Road; Camille Guething, 260 Seaview Drive; and Ana Gonzalez, 131 Island Drive. Councilman Waid made a motion approving the request. The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. At this time, the Council discussed the following ordinance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING SECTION' 30-54 OF THE KEY BISCAYNE CODE; ESTABLISHING LOT ELEVATION CRITERIA; PROVIDING FOR SEVERABILITY,'INCLUSION IN THE CODE AND EFFECTIVE DATE.`- John Rosser, 300 Redwood Lane, made a slide presentation to the Council regarding the ordinance. Building, Zoning and Planning Director Little, Raul Lastra, the Village Planner, and Carlos Penin, the Village Engineer, discussed the proposed ordinance with the Council. The following residents addressed the Council: Kathy Slavens, 301 Palmwood.Lane, Cliff Brody,.. 180 Harbor Drive;, Bill Ofgant, 512 Fernwood Road; Martha Broucek, 170 Ocean Lane Drive; Eduardo Chamorro, 784 Woodcrest Road, Alan Ward, 470 Palmwood Lane; Edward Slavens, 301 Palmwood Lane; Jorge Mantilla, 465 Glenridge Road; and Garver Wilson, 609 Ocean Drive. There was extensive Council discussion regarding the ordinance. Page 3 of 5 October 25, 1-994. Councilman Sime made a motion that, the petitioners meet with staff and former members of the Zoning Code Review Committee and prepare a presentation for November 15thmeeting. The motion was 'seconded by Councilman Sullivan and adopted by a unanimous roll call vote. The vote was as follows: Counciimembers,Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes.. The Council discussed a letter from John Delafuente dated October 25, 1994, regarding the Building, Zoning and planning Department. The manager responded^td Council inquiries Camille Guethiiig, 260 SeavieW "Drive,,,address{ed the Council: The C'o"uncil direbtedt the attorney to retiew the, matter "and determine the an thori ' the manager over the building;' zoning and planning' director; Mayor Festa made a motion extending the meeting Until :11":15;p The motion Was seconded byCouncilman`Llorente "and' adopted by' unanimous consent.,, 9 . a' REPORTS 4;a05 RECOMMENDATIONS: ; The following report's were submitted: , 4 . P; : .1.., 4. ;. Mayor3and Councilmembers. Councilman Sullivan gave anupdate on the school issue. Martha Broucek,; 170 Ocean Laneklyrive, and -Tony Camejo, -156 Crandon Boulevard, addressed3the-'Council '' Village Attorney. The attorney discussed the issue of casino"' gambling. and its effect,on the village Charter_ provision prohibiting casino gambling'Within`1the'viliage; Village Clerk. .The 'clerk did not submit a report Village Manager.}rThe'manager submitted;the'following." informational repdrts: a letter from Craig Wingo, Federal Emergency; Management Agency, regarding community disaster loan,. dated'October12, 1994 and ajMemorandum -from the police chief, regarding casino position paper oncasino gainbling, dated October 13, 1994. 10. OTHER BUSINESS/GENERAL DISCUSSION: Vice Mayor Rasco addressed the. Council and public' as this being his last meeting as a meMber,of the Council. 11:` SOULE OF FUTURE MEETINGS/'EVENTS: A schedule of future meetings;,, and events was presented to the Council and public. 12. ADJOURNC NT: The meeting was adjourned at,11:25;p.m. Page.,,4 of., 5 October 25, 1994 Approved this 6 day of '�Jo‘°"-kr-¢4 , 1994 Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY Mitradt CONSIDERED AT A MEETING OR HEARING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUM PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF ME PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON TWICE{ T7 E APPEAL IS TO BE BASED. Page 5 of 5 MINUTES VILLAGE COUNCIL MEETING ,. VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 15, 1994 COUNCIL CHAMBER WEST MCINTYRE STREET, SECOND FLOOR At 5:30-'p.m.,"Councilman-Elect Hugh O'Reilly, Councilman -elect Michele Padovan and Councilman Betty Sime, elected in the regular municipal election held on November 8, 1994, were sworn in by Judge Linda Dakis. 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, Betty Sine, Raymond Sullivan, John Waid, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Attorney Richard Weiss and Finance Director Jack Neustadt (serving as acting village clerk). INVOCATi0N: Attorney Weiss gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF MINUTES: Councilman Sullivan made `a motion approving the minutes of the meeting of October 11, 1994, the continuation meeting of October 18, 1994, and the special' meeting of October 25, 1994. 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, Waid, and Mayor Festa voting Yes 5. AGENDA: Mayor Festa requested the addition of discussion regarding construction at the Grand Bay (Sheraton) site.. There were no objections. 6':" SPECIAL PRESENTATIONS: A special presentation by Jeffrey Bunting, of the Metro -Dade Aviation Department, regarding air noise, was deferred to a future meeting. 7. PUBLIC COMMENTS: Martha Broucek, 170 Ocean Lane Drive, addressed the .Council regarding the recent municipal elections. ORDINANCES: The acting clerk read the following ordinance first reading, by title: 8. Page 1 of 10 November 15, 1994 ORDINANCE OF THE VILLAGE OF "KEY- BISCPsYNE; FLORIDA, AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE •OF KEY BISCAYNE; ESTABLISHING AN ADMINISTRATIVE REVIEW AN APPROVAL PROCESS FOR CERTAIN NON-USE VARIANCES; PROVIDING FOR LIMITATIONS; PROVIDING FOR F/NDINGS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING -;FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Bnildi g Zoning. and plama$ng Director John. Little answered. Council] inquiries . The mayor opened a public hearing. There were no.speakers Present. • After extensive discussion„ Mayor Festa made a motion tabling the ordinance until the meeting of December 13, ,1.994..,The Motion was seconded by. Councilman Sime and adopted bye unanimousfvoice. vote. :Thevote was as follows ;Councilmembers, Llofente, O' Reilly, ,Padovan., Sime, Sullivan," Waid, and Mayor testa voting Yes. The acting clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING A NEW CHAPTER ENTITLED "FILMING"; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY"; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING, FOR=LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING FOR AN APPEAL PROCEDURE; ', PROVIDING FOREXEMPTIONS; . PROVIDING PENALTIES;, 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 adoptingthe ordinance. The motion was seconded by, Councilman Sime., Councilman Sime offered an amendment striking section 3.3.3. The motion was seconded by, Councilman Waid and adopted byk a 6 - :1 roll call vote. The vote was as follows: Councilmembera... O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa Voting Yes. Councilman Llorente voted No. Councilman O'Reilly made a motion inserting a section 7.3 with Page 2 of 10:_ 0 November 15, 1994 the language "indoor motion picture studios".-' The motion was seconded by Mayor Festa and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Mayor Festa offered an amendment to section 3.2.5 by requiring a parking plan and section 3.2.6 by requiring a site plan of the filming location. 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, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Llorente offered an amendment limiting filming events to two per year per location. The motion was seconded by Councilman Sullivan and adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, and Sullivan voting Yes. Councilman Waid and Mayor Festa voted No. Councilman Llorente made a motion amending section 3.3.2 by striking "11:00 p.m. to 7:00 a.m."` and inserting "9:00 p.m. to 9:00 a.m.". The motion died due to lack of a second. Councilman Sullivan offered an amendment requiring that a $5000.00 cash bond be posted by filming companies as part of the application process. 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, Sime, Sullivan,` and Mayor Festa voting Yes. Councilman Waid voted No. The amended ordinance was adopted on second reading by a unanimous roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes: The acting clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES ENTITLES "SIGNS" BY,AMENDING SECTIONS :28-2, 28-3, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-11, 28-12, AND' 28-13 OF THE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS; PROVIDING FOR SIGNAGE OF GASOLINE STATION PARCELS; ALLOWING REAL ESTATE OPEN HOUSE SIGNS IN THE VILLAGE; REQUIRING VILLAGE COUNCIL APPROVAL FOR MULTITENANT CENTER SIGNS; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 3 of 10 November15, 1994 Mayor Festa opened the public hearing. Timothy Stickney, 285 Woodcrest Road, representing the Key Biscayne Chamber- of Commerce,, addressed the Council. Mayor Festa made a' Motion adopting the ordinance. The motion Was seconded by ,Councilman Llorente. Councilman .Padovan.offered an amendment to section 4 by striking, units" and inserting "5units", The motion was seconded. by Mayor Festa and„adopted by a unanimous roll ,call vote::' The "vote was as follows. '.`. Coizncilmembers Llorente,, O':Reilly, Padovan,;' Sime, Sullivan,, Waid,' and: Mayor Festa votsng Yes. Councilman Padovan offered.en amendment to section 6.8 to include "Wednesday". The motion was seconded by -Councilman Waid and.; failed on„ a>. 3 -< 4 roll call ,rote. The Nate was_ as follows: Counci€lmembers-O'Reilly , Padevan.and%Wald voting Yes. Counci1merer's Llorente, ,Sime„ . Sullivan, and3,Maycr Festa voted; Mayor Festa made>a motion amending,, section 5 by striking."150 feet" and inserting "at least 10A feet"'.. The motion- was seconded, by Councilman Maid and adopted by a 5 - 2 roll. call vote.. The vote wasas follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, andi,Mayor Festa,.voting Yes. Councilmembers Sime and1 Sullivan voted No. Counci,lmanSullivan offered,an,_amendment to;.section 5 requiring Council approval of monument stgnsr.- The motion was seconded; by, Councilman, Sime; and adopted` by att 5 : 2 roll call vote. The, vote was as follows : CounciImelmbers Lloren'te, ` Padovan, Sime, Sullivan;, and;Mayor F•esta.,voting yes„. Councilmembers O'Reilly and Waid voted No. The amended ordinance was adopted by a unanimous, roll call vote. the vote was as follows: Councilmembers`"Llorente, O'Reilly, Padovan4 Sime, Sullivan, Wald, and; Mayor Festa voting Yes.- 9. RESOLUTIONS: The acting clerk read the following resolution by title: h t P M1. A RESOLUTION OF THE VILLAGE OF, KEY BISCAYNE, FLORIDA; ADOPTING; OPERATING PROCEDURES FOR COORDINATION OF HUMANITARIAN EFFORTS, ON BEHALF OF THE VILLAGE, IN CASES OF NATURAL DISASTERS; PROVIDING FOR AN EFFECTIVE DATE. mayor .Festa,made a motion, adopting the resolution. The motion was seconded by Councilman Waid. Resolution 94-40 was adopted by November 15, 1994 a'unanimous voice vote. The' vote was as follows: ;Councilmembers Llorente, O'Reilly, Padovan,- Sime, Sullivan,. Waid, and Mayor Festa voting Yes. The acting clerk read'the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, FOR STORMWATER RETROFIT PROJECT (CONTRACT NO. C-6109); PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. was seconded by Councilman Sime. Resolution 94-41 a unanimous voice vote. The vote was as follows: Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, Festa voting Yes. The motion was adopted by Councilmembers and Mayor The acting clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, 'ONBEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY TO RECEIVE AN ELEMENTARY SCHOOL DRUG ABUSE RESISTANCE (D.A.R.E) PROGRAM GRANT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Sime. Resolution 94-42 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan,' Waid, and Mayor Festa voting Yes. acting clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;' COMMENDING VILA AND SON LANDSCAPING CORPORATION FOR THEIR DONATION OF GOODS AND SERVICES CONTRIBUTING TOWARDS THE BEAUTIFICATION OF LIBRARY GROUNDS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion` adopting the resolution. was seconded by Councilman Waid. Resolution 94-43 a unanimous voice vote. The vote was as follows: Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, Festa voting Yes. 10. BUILDING, ZONING AND PLANNING: The following held: Page 5 of 10 The motion was adopted by Councilmembers' and Mayor hearings were November 15, 1994 Hearing Number`94-1115.-VC-1. Village.of Key Biscayne, the applicant, requested;"the:use as a governmental facility, to wit, a'public`?park, playgrounds and associated structures, for the , vacant parcel of land, commonly referred to s the Village Green; located between Crandon Boulevard,. on the east,,Fernwood Road on the" `west, 'and north of West' McIntyreStreet. ' Building, Zoriing and Planning Director Little discussed the procedureforzd esa mating the Village.Green fdr use as a"park. The mayor.opened.the'public.hearsng. iinm Stiekney, 285 Woodcrest Road,"'and: Kathy' slavens, ` 303 Palmwood Lane, `addre sed' the ``` Council ..,• Mayor Festa made a. motion approving,; the application' and "adopting the fo11bwing, resolution;: _ - „ ;T A RESOLT.JTION OF THE VILLAGE OF KEY BISCAYNE,'FLORIDA" PURSUANT Ta SECTION 33-303 OF THE: CODE OF METROPOLITAN DADE COUNTY, AS MADE APPLICABLE TO THE VILLAGE, APPROVING PUBLIC PARK USE FOR ,TREr APPROXIMATELY NINE ACRE "VILLAGE" GREEN" PARCEL ti OFLAND LOCATED ALONG THE "EAST, SIDE orD CRANDON. BOULEVARD- PROVIDING FOR FINDINGS AND AN EFFF:G'IVE DATE. secoonded by Councilman 'Sime. Councilman O'Reilly made a motion amending section 2 as follows: "The. property" is approved for park.and playground urposesoonly, and only buildings and structures` su`pplementa`ry ari4neider,tal toe such uses." 'The motion was; seconded.by"Councilma L'orent.e• and. adopted by a .unanimous voice; vote;'.° ` Te h 'kvote;was„ a,s, olsows. councilmennbers- Llorente, O'Reilly, Padovan, Sime,t' lifsran Waid, ` and Mayor Festa voting Yes. Resolution 94-44,"as amended, was adopted by a unanimousvoice vote. The•yote.was.as foliows: ccounoilmembers Dlor�ente,, k ,. , x �� a . O'Reilly, Padavany Sime'Sullivan, Waid and' Mayor xt';esta,voting Yes. ye; , , Hearing Number 94 1025=�iC-01`. At the request oftheeiappl cant, s; Mr. and Mr. Raul Ravelo,, 298 West Mashta Drive, theappiication was withdrawn. Mayor,Festa made a motion withdrawing the application. The motioh'w,as�seconded by Counc,ilma'hSime liafid adopted. by * unanimous voice vote. The""vote,was as fo11 pys`: Counciimenters Llosente,.O"Reilly, Padgvan, Sime, li an, Waid, and Mayor Festa voting Yes. '' Hearing Number',94-1025-SA-01. Key Biscayne,Galeria, Inc., the Page 6 of; 10 November 15, 1994 applicant, 328 Crandon Boulevard,requested approval of a multi tenant sign graphics ' approval for shopping center. Building, Zoning and Planning Director Little stated his recommendation for approval. Mayor Festa opened the public hearing. Maria Larea, representing the applicant, 202 Sunrise Drive,` addressed the Council. Councilman Sime made a motion approving the application. The motion was seconded by Councilman Llorente and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers`Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. The mayor discussed the issue of bus routes in the Village. Guy Smith, 701 Fernwood Road, discussed the issue with the Council. The following residents addressed the Council: Henny Becker, 290 West Mashta Drive Sam Davidian, 720 Myrtlewood Lane, and Martha Broucek, 170 Ocean Lane Drive. The Council discussed a request by the Island Garden Club for a grant. Jane Smith, representing the club, 350 West Enid Drive, addressed the Council. Councilman Llorente made a motion approving a grant in the amount of $8,580.00. The motion was, seconded by Councilman Sime. Sam Davidian, 720 Myrtlewood Lane, addressed the Council. The Llorente motion was adopted by a 4.- 2 1 roll call vote. The vote was as follows: Councilmembers'Llorente, O'Reilly, Sime, and Sullivan voting Yes:' Councilman Waid and Mayor Festa voted No. Councilman Padovan abstained due to a conflict of interest. The Council discussed the creation of. an Occupational License Equity Study Committee. The mayor, with the consent of the Council, appointed Jeff Krell, Mary Schulman, Robert Brooks, Tim Stickney, and Camille Guething to serve 011 the committee. The Council scheduled a workshop meeting for November 29, 1994, at 6:00 p.m., to discuss the capital improvement budget: The Council discussed issues relating to the elementary-school. A video tape of the Dade County School Board meeting of November 2, 1994, at which the School Advisory Committee made a presentation, was played for the benefit of the audience. The following residents' addressed the Council: Martha Broucek, 170 Page 7 of 10 Ocean Lane ,Drive, Tony Camejo,.y150 Crandon Boulevard; Kathy Slavens,"30`0 Palmwood,Lane;, :John.Rosser, 300 Redwood Lane; and Davidian, 720 Myrtlewood Lane. After extensive discussion, Mayor Festa made a motion that. the -Village . remain involved in the elementary school issue by`committing'staff,.resources to further, study the matter. The motion was seconded by Councilman Padovan. Councilman Sime .offered;. pan amendment that the•village,' s, efforts, be limited towards onstruction, Of a new elementary '_school-.•, The motion was 'seconded'by Mayor Festa.. The amendment was adopted by a unanimous..roll call, vote The.vote was as, follows Councilmembers; LloreY te, o.,12e�.11y., '.Padovan, Sime, Sullivan Waid, and' Mayor'Festa voting. Yes. .,The, amended Festa motion failed.on a 3 4 roll, call. vote. The ii0,tdel was, as follows: Councilmsmbexs Llorente, Sime. and Mayor Festervoting Yes.. Counbilmembers o�Reilly, Padovan, Sullivan, and 6aid voted No. At this time, due to' the late hour, several items were taken, out of order. The ,Council discussed -the manager'°$ proposed lure brochure; Mayor- Facie- a• motion awarding a bid, • to Haff.-Daugherty Gap r hics for' the, printing- of the, brochure,. • The motion was - seconded by councilman Waid and} adopted.:by4a unanimous voicek vote. The vote was as follows: Counciimembers Llorente, O'Reilly, ,-Padovan, • Sime, Sullivan, Wai.d.,; and Mayor. Testa voting Mayor Festa*made, a"mo-t•ion to eject all. bids received in response to the Village's raguest for bids,,;, for the Holiday. Colony and. Ocean Lane and Sunrise Drives stormwater utility proj,ect.;e ,T4he motion" was seconded,by .CouncilmanrLlnrente. and adopted by, a, unanimous voice. vote;; The vot was ae,f�ollows,: Councilmembers Llorente, O!Reiilly, Padovan„ Sime;:' Su7,l van; Iaid and Mayor Festa 'voting Yes ., Mayor Festa made, a motion to continue tha meeting until 12:30 a.m. The motion was°seconded by. Councilman Llorente and adopted by a 4 -,3 voice, vote. The vote was as foflows:'.Councilmembers Llorente, O'Reilly, Sullivan, and Mayor. Festa voting Yes. Councilmembers Padovan, Sime, and' Wald voted No. '"• ` The Council discussed the L'Esplanade property and concerns of area residents. Camille Guething, 2'10'`Seaview Drive, and John Haines, ,21.0 Seaview Drive, addres,sed.the.Council. The manager, attorney and building, zoning and planning director participated in discussions' with the Council'_' The Council discussed' the clerK'-s,.Certificate ',of.sufficiency for Page 8 of ..101 November 15, 1994 the Ordinance -94-2 Committee's initiative petition proposing an amendment to the Village's zoning code. Councilman O'Reilly made a motion directing that the committee's ordinance be scheduled for first reading at the Council's next meeting. The motion was seconded by Councilman Sime and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Waid voted No. John Rosser, 300 Redwood Lane, addressed the council. Councilman Llorente nominated Councilman Sime to serve as vice mayor. Councilman O'Reilly nominated Councilman Waid. Councilman Sime was elected vice mayor on a 5 - 2 ballot count. The vote was as follows: Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa voted for Sime. Councilmembers O'Reilly and. Waid voted for Waid. Mayor Festa made a motion accepting the clerk's certification of the election results of the regular municipal election held on November 8,-1994. 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. The meeting was continued until Thursday, November 17, 1994, 7:00 p.m. The manager submitted the following informational items: monthly departmental reports; a memorandum from the fire rescue chief, regarding house numbers, dated October 18, 1994; a letter from the Village Attorney, regarding constitutional amendment petition proposition for limited casinos, dated -October 24,1994; a letter'to the'code enforcement -officer, from Brian Flynn,'Metro Dade Department of Environmental Resources Management, regarding removal :of derelict groins, dated November 1,`1994, ma letter from Doug Weiser, Grand Bay Resort and Residences, regarding $250,004.00 rendered 'pursuant to tract review approval, dated November 1, 1994; a memorandum from the economic development director, regarding summary of Metro -Dade Cultural Affairs Council capital development grant, dated November 2, 1994; an article from the New York Times, regarding the Banyan property, dated November 2, 1994; a letter from Cynthia Cutler, Key Biscayne Chamber of Commerce, regarding Christmas fair, dated November 8, 1994, and a letter from Cynthia Cutler, Key Biscayne Chamber of Commerce, regarding annual tree lighting ceremony, dated November 9, 1994. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. Page 9 of 10 13. SCHEDULE OF FUTURE.MEETINGS/EVENTS: A schedule of future meetings, was presented to the Council and publitc. "A,D3OURI NT: The meeting was adjourned at 12:30 a.m. IF A PERSON DECIDES TO APPEAL .ANY DECISION MADE BY TIE VILLAGE COUNCIL WITH RESPECT TO ANY MArrnt CONSIDERED AT A METING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS . AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE, THAT A VERBATThI RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE'TFSTIMONY AND EVIDENCE "UPON WHICH THE APPEAL IS TO BE BASED. Page 10 of 10 MINUTES VILLAGE COUNCIL. MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, NOVEMBER 17, 1994. (CONTINUATION OF MEETING OF NOVEMBER. 15, 1994) COUNCIL CHAMBER. 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called toorder by Mayor Festa at 7:00 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 Sam Kissinger, Village Attorney Richard Weiss and Finance Director Jack Neustadt (serving as acting village clerk). The meeting was a continuation of the Council's regular meeting of November 15, 1994. Mayor Festa led the Pledge of Allegiance_ Fire Rescue Chief William Huddleston made &presentation to the Council regarding his departments fire code enforcement program. The mayor discussed the noise problems resulting from construction at the Grand Bay site. Shirley' Brill 550 Ocean Drive, addressed the Council: The attorney gave an update on the negotiations for a contract with Industrial Waste Management for solid waste services. The attorney also discussed the sunshine law and how it applies`` to the use of memoranda among councilmembers. John Rosser,- 300 Redwood Lane, addressed the Council. The Council, appointed Councilman O'Reilly as the Village's representative to the Dade League of Cities' board of directors. Councilman Waid was appointed as the alternate member. The manager gave an update on the stormwater utility project. There was extensive Council discussion regarding the project. Building, Zoning and, Planning. Director. John Little and Raul Lastra, the Village planner, made a presentation to the Council and public regarding the Village Green project. The manager gave a brief update regarding the West Mashta Drive Causeway and Grapetree Drive Cul-de-sac projects. Page 1 of 2 November 19,;1994 The manager advised,, the Council that the Dade Marine Institute has.volunteered to•clean sections of the beach: The manager, requested Council direction regarding the use of the village Green by community groups. After brief discussion, the Council concurred that a reasonable, permit fee be established for organized events at. the park. The manager indicated that the uniform sign markers on the. Atlantic:Ocean"side, of the -Village will'be?installed in'the near, future' -x -'t �a • 1,43 Thstebbi'ncil discussed thet ey Biscaynet Iiotei and Villas " (V 7� property a`nd*r a' recent articie'in the New York=Times.regarding'- alleged fraudd'COACerning the prof°ect'. ' Sam Dav'idian 720'= Myrtlewood` Lane, addressed the_ Council._ After extensive disussion,! ayor- Festa'made g `motiion that° all' facts; relating to tie project's development order be studied by `the'attorney`. The ' motion was seconded by Councilman.Padovan and .adopted .by a6 - 0 voice vote. The vote was as foltows:''Cdtncilmembers''Llorente, O'Reilly, Padovan, Sullivan, Waid, and,Mayor Fe,tavoting Yes.. The innnager'discussed the''county's denial fora stop sign at the intersection of Fernwood Roadland: West. Heatherr Drive,. The - Council requested#.that. the'manager' invite ay representative of the county's' public works department" to address ,thefiCounci].' on the` matter. The Council briefly: discussed the monthly -financial Statements,. There being no, further business, the meeting was adj.ourned,at 9:30 p.m: Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY PAllnr C CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED'A RECORD OP THE PROCEEDINGS ARID, FOR SUCH PURPOSE, MAYHEM TO ENSURE THAT A VERBATIM RECORD OP THEPROCEEDINGS IS MADE, WHICH RECORD INCLUDES TM TESTIMONY AZJD EVIDENCE UPON WHICH TM APPEAL IS TO BE BASED Page 2 of..2 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 29, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The workshop was called to order by Mayor Festa at 6:25 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Waid (arrived at 6:40 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. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. DISCUSSION: Mayor Festa passed the gavel to Councilman O'Reilly who chaired the meeting. The manager presented a proposed capital improvement program. There was extensive projects.;: Council discussion regarding the proposed The following projectswere ranked as priorities: entrance sign to the Village; East Enid Drive parking lot; Ocean Lane Drive curbing and landscaping; West Mashta Drive causeway repair and sidewalks; Harbor Drive sidewalks, trees and reconstruction; Fernwood Road sidewalks and landscaping; sanitary sewers; land acquisition and community center reserve fund; and bus shelters. The following residents addressed the Council: Ray Herrera, 310 Fernwood Road; Chiqui Labere, 414 Fernwood Road; Guy Smith, 701 Fernwood Road; Benny Becker, 290 West Mashta Drive; Bill Ofgant, 512 Fernwood Road; Louis Acebo, 425 Grapetree Drive; Jim Haney, 472 Glenridge Road; and Scott Bass, 201 Galen Drive. 4. ADJOURNMENT: The workshop adjourned at 9:50 p.m. Page 1 of 2 November 29, 1994 1995'.:. Vi 11 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATIlti CONSIDERED AT A MEETING OR HEARING,THAT PERSON WILL. REND A RECORD OF'. THE PROCEEDINGS AZ'ZD, FOR SUCH PURPOSE, MAY NEED. TO ENSURE INAT A VERBATIM RECORDOF THE PROCEEDINGS IS MADE, PIEIICH RECORD INCLUDES THE TESITMONY AND EVIDENCE UPON WHICH TEE APPEAL IS TO BE BASED.., Page 2 of 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 13, 1994 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, John Waid, Vice Mayor Betty Sime (arrived at 7:10 p.m.), and Mayor John Festa. Councilman Raymond Sullivan was absent. Also present were Village Manager Samuel Kissinger; Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION:, Attorney Weiss gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF'MINUTES:. Councilman Waid made a motion approving the minutes of the regular meeting of November 15, 1994, and the minutes of the continuation meeting of November 17,-:1994.- The motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote. Thevote: was as follows: Counciimembers Llorente, O'Reilly, Padovan, Waid, and Mayor-Festa voting -Yes. 5. AGENDA: Councilman Waid requested the addition of discussion regarding the Village's financialstatement.- Councilman Padovan requested the addition of discussion regarding construction at the Grand Bay site. There were no objections to the agenda changes. At this time, Santa Claus addressed the Council and public and expressed his best wishes for a happy holiday season. 6. SPECIAL PRESENTATIONS: The mayor presented a copy of Resolution 94-43 to Espy Suarez, representing, Vila and Son Landscaping Corporation, in recognition of the company's contributions towards the beautification of the library grounds.. The mayor presented proclamations to former councilmembers Mortimer Fried and Joe I. Rasco in recognition of their civic and community involvement as members of the founding Council of the Village. 7. PUBLIC COMMENTS: The following residents addressed the Council regarding the on -going weekend work and noise problem at the Grand Bay site: Larry Garfield, 550 Ocean Drive; Robert Page 1 of 5 December 13, 1994 Oldakowski, 550 Ocean Drive; Shirley Brill, 550 Ocean Drive; Sheila Rench, 550 Ocean Drive; Bill Ofgant, 512 Fernwood Road;. Kathleen Secares, 392 Redwood Lane; and Tim O'Neill, 759 Fernwood Road, John Little, building "zoning and planning director, addressed the Council regarding the resident's concerns. Councilman Padovan made a motion directing the Building, Zoning and Planning Department to draft a conceptual ordinance addressing construction noise issues. The motion was seconded by Counc±lman O'Reilly and adopted by a 6 -0 voice vote. The vote was as follows: councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting 8. ORDINANCES: The clerk read the reading, by title:' ollowing ordinance, on first AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-24 TO THE CODE OF KEY BISCAYNE; ESTABLISHING AN ADMINISTRATIVE REVIEW AND APPROVAL PROCESS FOR CERTAIN NON-USE VARIANCES; PROVIDING FOR LIMITATIONS PROVIDING FOR FININGS; PROVIDING FOR AN' APPEALS PROCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN herlsCTIVEDATE. Mayor Festa opened a public hearing. The following residents addressed the Council: John Rosser, 300 Redwood Lane; Cliff, Brody, 180 Harbor Drive; and Joe Rasco, 310 West Heather Drive. Building, Zoning and Planning Director Little addressed Council inquiries. Mayor Festa made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Waid. Councilman. O'Reilly made a motion amending Section 2.(a)(1) by striking "below twenty-five (25)" and inserting "by more than ten (10)". 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Mayor Festa made a motion deleting Section 2(a)(2).. The motion was seconded by Vice Mayor Sime. Councilman O'Reilly made a motion amending the mayor's motion by striking "ten (10)" and inserting five (5)". The motion was seconded by Councilman Waid and failed on a 3 - 3 roll call vote. The vote was as follows: Councilmembers' Llorente, O'Reilly and Waid voting Yes. Councilman Padovan, Vice Mayor Sime, and Mayor Festa voted No. Page 2 of 5 December 13, 1994 The Festa amendment failed on a 3 - 3 roll call vote. The vote was as"follows: Councilman Padovan, Vice Mayor Sime and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly and Waid voted No. Councilman Waid made a motion amending Section 2(a)(4) by striking "but'in no event shall the height be increased more than six (6) feet". The motion was seconded by Councilman Llorente and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor`° Sime, and Mayor Festa voting Yes. Mayor Festa made a motion deleting Section 2(a)(5). The motion was seconded by Vice Mayor Sime and adopted` by a 4 - 2 roll call vote. The vote: was as follows: Councilmembers O'Reilly, Waid, Vice Mayor Sime;-and Mayor Festa voting Yes. Councilmembers Llorente and Padovan voted No. Councilman Llorente.called the question. Mayor Festa objected. The ordinance, as amended, on first reading, was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes. Vice Mayor Sime voted No. The clerk announced the second reading of the ordinance for Tuesday, January 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, AMENDING SECTION 30-54 OF THE KEY BISCAYNE CODE; ESTABLISHING LOT ELEVATION CRITERIA; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE. Building, Zoning and Planning Director Little gave a staff report. Mayor Festa opened the public hearing. The following residents addressed the Council: John Rosser, 300 Redwood Lane; Cliff Brody, 180 Harbor Drive; Benny Becker, 290 West Mashta Drive; Eduardo Chamorro, 784 Woodcrest Road; Michael Henderson, 482 Hampton`Lane, Linda Davidian, 720 Myrtlewood Lane;' Stefanie Brown, 452 Glenridge Road; and Joe Rasco, 310 West Heather Drive. Page 3 of 5 December 13, 1994 Vice Mayor Sime made a motion adopting the ordinance, on first reading, subject to the following recommendation of the Building, Zoning and Planning Department: where required, septic tanks be, permitted without the need of a variance_ The motion was seconded by Councilman O'Reilly, and adopted by a 4 - 2 roll call. vote. The vote wasas follows: Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Sime voting Yes. Councilman Waid and ,Mayor;,Festa voted. No. The clerk announced, the second reading,, of, the ordinance for Thursday, December 22, 1994, at 7:00, Councilman Llorente made a motion to adjourn. The motion was, seconded by Councilman O'Reilly and failed on a 2 - 4 voice vote. The vote was,as..follows:" Councilmembers Llorente and Waid_ voting Yes. Councilmembers O'Reilly, Padovan, Vice Mayor Sime and Mayor Festa voted No: Mayor Festa made a, motion to extend the meeting until 11:20 p.m. The motion was seconded by Councilman O'Reilly' and adopted by a 6 - 0 voice vote. The vote was as follows;, Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting, Yes., Councilman Llorente made a motion authorizing the purchase of police replacement vehicles. 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, Vice Mayor Sime, and Mayor Festa voting Yes.' Councilman Waid voted No. Raul Lastra, the Village planner, addressed the Council regarding the Village Green project and recommended additional`' paversfor the promenade at a cost of $33,345.00 Councilman Llorente made a motion adopting staff's recommendation- The motion was seconded', by Councilman O'Reilly and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, Mayor Festa voting Yes. The manager submitted the following informational items to the Council: monthly departmental reports; a letter to Kathryn O'Leary, O'Leary Design Associates, from Esperanza Suarez, Vila and Son Landscaping Corporation, regarding Crandon Boulevard maintenance Period, dated November 5, 1994; a memorandum from the Economic Development Director,; to the manager, regarding status of local organization's grant applications, dated November 15, 1994; a letter to the mayor, from County Commissioner Arthur Teele, regarding 1998 Sister Cities convention, dated November Page 4 of. 5 December 13, 1994 15, 1994; a memorandum from the Fire Rescue Chief, to the manager, regarding Lieutenant vacancy, dated November 16, 1994; a letter from Jim Brewster, Key Biscayne Lighthouse Run and Walk, to the manager, regarding Lauren Matthews, dated November 20, 1994; a letter to Bill Agee, Federal Communications Commission, from John Glicksman, Adelphia Cable Communications, regarding Adelphia Cable Partners, dated November 22, 1994; a letter from A.J. Salem, U.S. Army Corp of Engineers, regarding beach nourishment, dated November 22, 1994; a memorandum from the manager, to the Village Council, regarding correspondence concerning Tropical Storm Gordon, dated November 28, 1994; a letter from Jose I. Rasco, III, village resident, to the manager, regarding the Village Green, dated November 30, 1994; a notice of hearing, in the case of the Department of Community Affairs vs. Village of Key Biscayne, regarding comprehensive plan, dated December 1, 1994; a copy of the sidewalk and landscaping construction program dated December 6, 1994; and a copy of the capital improvement program. The meeting was recessed until 5:00 p.m. on Thursday, December 22, 1994. Approved this IOA day of Vii ge Cl k Mayor , 1995. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAnme 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, WFIICH RECORD INCLUDES THE TESTTMONY 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, DECEMBER 22, 1994 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 5:00 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly,,Michele Padovan (arrived at 5:15 p.m.), John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Councilman Raymond Sullivan was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor'Festa led the Pledge. 3. AGENDA: There were no changes to the -agenda. 4. ORDER OF BUSINESS: The Council, manager and attorney discussed the 'proposed agreement between the Village of Key Biscayne and Industrial Waste Service, Inc. (IWS), for residential solid waste collection and recycling services. Willy Hernandez, representing' IWS, addressed the Council. Mayor Festa made a motion approving the proposed agreement in substantially the form submitted to the Council. The motion was seconded by Councilman Waidand adopted by a 6 0 voice' vote. The vote was as follows: Councilthembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Tony Nolan, of Williams, Hatfield and Stoner, addressed the Council regarding bids received by the Village for the Holiday Colony, Ocean Lane and Sunrise Drives Stormwater Improvements and Stormwater Improvements Basins 1 - 8 projects. Ivan Cuevas, of the Miami Dade Water and Sewer Authority, addressed the Council. Mayor Festa made a motion to defer further discussion of the matter until the meeting of January 10, 1994. The motion was seconded by Councilman=O'Reilly and adopted by a 6 - 0 voide vote. The vote was as follows: CouncilmembersLlorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Percy Aguilar, the Village's financial advisor, made a brief presentation regarding possible financing alternatives for the project. The manager discussed a`grant, in the amount of $8,000.00, presented to the Village, by the Edna`Wardlaw'Charitable Trust, for the erection of a playground in the Village Green. Mayor Page 1 of 3 December 22, 1994 Festa made a motion accepting the grant. The motion was seconded by Vice Mayor Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. The Council recessed at 6:55 p.m. The meeting was reconvened at 7:10 p.m. 5. SPECIAL ORDER: The clerk read the following ordinance, on second reading,by title:. AN ORDINANCE OF THE VILLAGE' OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-54 OF THE CODE OF KEY BISCAYNE; PROHIBITING THE FILLING OF LOTS TO"AN ELEVATION'OF MORE THAN 2.5 FELT ABOVE THE CROWN OF THE ADJACENT ROADWAY PROVIDING FOR AN EXCEPTION RELATING TO SEPTIC TANKS:, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVEDATE. Building, Zoning and Planning Director John Little addressed the Council Mayor Festa opened the public hearing. The following residents addressed the Council: Eduardo Chamorro, 784 Woodcrest Road; Katherine Slavens, 301 Palmwood Lane; George Warner, 320 West Enid Drive; Edward Slavens, 301 Palmwood Lane, and Linda Davidan,,720 Myrtlewood Lane. Councilman Llorente made a motion adopting theordinance an second reading- Themotion was seconded by Councilman Padovan_ After extensive discussion, Councilman O'Reilly made a motion calling for an end to debate. The motion was seconded by Vice Mayor Sime and adopted by a 4 - 2 voice vote. The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, and Vice, Mayor Sime voting Yes. Councilman Wald and Mayor Festa voted No. On the Llorente motion, the ordinance was adopted by a 4 - 2 roll call vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Sime voting Yes. Councilman Waid and Mayor Festa voted No. 6. INFORMATIONAL ITEMS: The following informational items were submitted to the Council a memorandum from Russell Breiner, PNM Corporation, regarding Village Green progress report, dated, December 8, 1994 a letter from Connie Mack, Unites States Senator, regarding Key Biscayne beach, dated December 13, 1994„ and a letter from Jose Arrojo, Dade County Police Benevolent Association, Inc., regarding representation/certification petition for sworn police, personnel, dated December 14, 1994. Page_2 of 3 December 22, 1994 7. ADJOURNMENT: The meeting was adjourned at 8:25 p. Approved this )u day of ,S a NA —to) , 1995. Vi'1 age glerk Mayor IF A. PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITS RESPECT TO ANY MAratt CONSIDERED AT A MEETING OR SEARING, 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, WIG! 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 THURSDAY, DECEMBER 22, 1994 (CONTINUATION OF DECEMBER 13, 1994 MEETING) COUNCIL CHAMBER 85 WEST MCINTYRE`STREET, SECOND FLOOR The meeting was called toorder by Mayor Festa at 8:25 p.m. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, John Waid, Vice'Mayor Betty Sime, and Mayor John Festa. Councilman Raymond Sullivan was absent. Also present were Village Manager Samuel, Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Heitman. The clerk announced that this was a continuation of the meeting of December 13, .1994. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INTER -LOCAL AGREEMENT, ON' BEHALF OF THE_VILLAGE, WITH METROPOLITAN DADE COUNTY,- FOR:WATER DISTRIBUTION IMPROVEMENTS AND STORMWATER IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE. Councilman O'Reilly made a motion adopting the resolution. After brief discussion, Councilman Llorente made a motion to. table the resolution. The Llorente motion was seconded by Vice Mayor Sime and adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, 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 SERVE AS THE REPRESENTATIVE OF THE VILLAGE ON THE TRANSFER OF SOLID WASTE COLLECTION SERVICESFROM METROPOLITAN DADE TO THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Waid. Resolution 94-45 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Page 1 of 4 December 22, 1994. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT, ON BEHALF OF THE VILLAGE, 'WITH INDUSTRIAL WASTE SERVICES, INC., MIAMI, FLORIDA,' FOR RESIDENTIAL SOLID WASTE COLLECTION'AND RECYCLING SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime. Resolution 94-46 was adopted by a 6 - 0 voice vote_ The vote was', as follows: Councilmembers Llorente, O'Reilly,, Padovan, 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 EXECun THE ATTACHED AGREEMENT, ON BEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY FOR POLICE MUTUAL AID;_ PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Sime, made. a motion adopting the resolution. The motion was seconded by Mayor Festa. Resolution 94-47 was adopted by a 6 - 0 voice vote. The:. vote was as follows: Councilmembers Llorente, O'Reilly, Padovan Waid, Vice Mayor. Sime, and Mayor Festa voting Yes. Councilman O'Reilly discussed the Village's outstanding Federal Emergency Management Agency (FEMA) loan. Councilman O'Reilly made a motion directing the manager to repay the FEMA loan. The motion was seconded'by Councilman Llorente. After brief discussion, Councilman Padovan called the question. The motion was seconded by Vice Mayor Sime and adopted by a 5 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman O'Reilly voted No. The O'Reilly motion failed on a 1 - 5 voice vote. yThe vote was as follows: Councilman O'Reilly voting Yes.. Councilmembers-Llorente, Padovan, Waid, Vice Mayor Sime, and,Mayor Festa voted No Councilman O'Reilly discussed the village's contribution to the Jackson Memorial Hospital Trauma Center. Councilman O'Reilly made a motion that the Village rescind its commitment' of $20,000,go to, Jackson Memorial Hospital Trauma Center. The motion died due to'lack'of a second. Vice Mayor Sime requested that a workshop be scheduled to discuss Page 2 of 4 December 22, 1994 East Enid Drive. A meeting was tentatively scheduled for January 17, 1995 to discuss the matter. Vice Mayor Sime discussed the need for a beach renourishment liaison. At the request of the vice mayor, the clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPOINTING SANDRA GOLDSTEIN AS VILLAGE RESOURCE VOLUNTEER TO COMPILE AND UPDATE THE COUNCIL WITH RESPECT TO INFORMATION RELATING TO BEACH: RENOURISHMENT, BEACH RENOURISHMENT PROGRAMS AND BEACH RENOURISHMENT FINANCING AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution. The motion was seconded by Councilman Padovan. Resolution 94-48 was adopted by a 6 - 0 voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly, Padovan,.Waid, Vice Mayor Sime, and Mayor Festa voting Yes. Councilman Llorente discussed his concerns regarding future property value assessments for residential and commercial properties. The councilman made a motion directing the attorney to meet with the county property appraiser and prepare a study of the matter. After brief discussion, the motion was withdrawn. The attorney submitted his report and discussed the following matters: an update regarding the Council's request to study allegations of a recent New York Times article regarding the ownership groups of the Key Biscayne Hotel and Villas site. The attorney was directed by.Council to review the group's DRI application to determine if any fraud was committed during that process Councilman Waid made a motion that the attorney tale no further action :on this matter. There was no second to the motion; the Village's request to the, county for an operating permit for Calusa Park; a proposed lease agreement has been submitted to the owners of the Key Biscayne Hotel and Villas site for use of a portion of their property; and a proposed lease with St. Agnes Catholic Church for use of its athletic fields. The clerk announced that the mayor's office issued a proclamation recognizing November 17, 1994 as Laposse International Bakery Day. The manager briefly discussed the disposal by the police department of found and stolen bicycles. Councilman Waid recommended that the bicycles be donated to the Miami Bridge. Page 3 of 4 December 22, 1994 There being no further business, the meeting was adjourned at 9:35p.nt. Approved this le day of Village , 1995. Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MArreit CONSIDERED AT A MEETING OR HEARING, NG THAT PERSON ELL NEED A RECORD OF THE PROCEEDINGS AND, FOR Suc,ti PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TIM PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TIE TESTIMONY AND EVIDENCE UPON'rearm ;THE APPEAL IS TO BE BASED. Page 4 of 4