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HomeMy Public PortalAbout10-11-94 Regular Council Meeting.tifMINUTES 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 Helfman and Richard Weiss 2 INVOCATION: Father Robert Libby, of St Christophers-by-the- Sea Church, gave an invocation 3 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge 4 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 special meeting 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 by Councilman 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 of discussion of Item 10-A-14 regarding Resolution 94-36 There were no objections to the additional agenda changes 6 SPECIAL PRESENTATIONS Mayor Festa and the Council presented a copy of Resolution 94-33 to William E Croysdale recognizing his service to the Village 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 of the Key Biscayne Beach 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, recognizing Dr Tyler's work 7 PUBLIC COMMENTS: Jane Smith, 350 West Enid Drive, addressed the Council regarding the Island Garden Club's recent request for a grant from the Village Mayor Festa indicated that he will place the item for reconsideration on the next Council agenda 8 ORDINANCES: The clerk read the following ordinance, on first 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 FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Building, Zoning and Planning Director John Little discussed the ordinance with the Council The mayor opened a public hearing The following residents addressed the Council Kiko Sarasua, 442 Hampton Lane, Clifford Brody, 180 Harbor Drive, Edward Slaves, 301 Palmwood Lane, and Mary Schulman, 1121 Crandon Boulevard After brief discussion, Vice Mayor Rasco made a motion adopting the ordinance on first reading The motion was seconded by Councilman Sime Councilman Waid offered an amendment that, if the limits imposed by ordinance are exceeded, that a provision be inserted requiring approval by neighbors The amendment was seconded by Councilman Fried and adopted by a 4 - 3 voice vote The vote was as follows Councilmembers Fried, Llorente, Waid, and Mayor Festa voting Yes Councilmembers Sime, Sullivan and Vice Mayor Rasco voted No The amended ordinance 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 ordinance, on first reading, by title Page 2 of 8 October 11, 1994 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 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 THE CODE AND AN EFFECTIVE DATE. 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 October 11, 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 Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Rasco Resolution 94-38 was adopted by a 6 - 0 - 1 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Waid was absent during the vote The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING A CONTRACT TO DOMINICA RECREATION PRODUCTS FOR THE PURCHASE OF PLAYING EQUIPMENT FOR THE VILLAGE GREEN AND CALUSA PARK, AT A COST NOT TO EXCEED $125,000 00; PROVIDING FOR CONTINGENCY FUNDING; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution The motion was seconded by Mayor Festa Mayor Festa offered an amendment deleting references to Calusa Park and appropriating $98,000 00 for the Village Green project The amendment was seconded by Councilman Llorente and adopted on a 6 - 0 - 1 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Waid was absent during the vote Resolution 94-39, 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 The clerk read the 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 October 11, 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 gave an update on his meeting with the Dade County School Board and school superintendent regarding the Key Biscayne Elementary School The following residents addressed Page 5 of 8 October 11, 1994 the Council 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 The Council concurred to schedule a workshop for to further discuss the matter Mayor Festa made a motion 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 Sullivan to present the item at the meeting The motion was seconded by Councilman Sime and adopted by 4 - 3 voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Festa voting Yes Councilmembers Llorente, Waid and Vice Mayor Rasco voted No The mayor discussed the issue of casino gambling and, if approved by the voters in November, its impact on the Village Charter provision prohibiting casinos within the Village limits Camille Guething, 260 Seaview Drive, and Scott Bass, 241 Galen Drive, addressed the Council Councilman Fried made a motion authorizing the attorney to study the matter 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 requiring the Village Manager to seek Council approval for any increases in department head salaries that exceed monies authorized by the Council in the fiscal budget as well as approval of contracts with employees The motion was seconded by Councilman Llorente After brief discussion, the mayor withdrew his motion Mayor Festa made a motion to extend the meeting until 11 30 p m The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The Council discussed a proposal by a citizen's committee regarding the amendment of Section 30-54 of the Village's zoning code The following residents addressed the Council John Rosser, 300 Redwood Lane, Katherine Slovens, 301 Palmwood Lane, Clifford Brody, 180 Harbor Drive, and Hugh O'Reilly, 475 Allendale Road Vice Mayor Rasco made a motion that a proposed ordinance regarding this matter be discussed at the zoning hearing of October 25, 1994 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 Vice Mayor Rasco 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, Wald, 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 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 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 October 11, 1994 13 ADJOURNMENT: The meeting was adjourned at 11 40 p m Approved this 1544 day of ?"J O 02'r2 , 1994. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA1mi CONSIDERED AT A MEETING OR DARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TD PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 8 of 8