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
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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
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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
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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