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
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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
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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
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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.
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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
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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
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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
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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.
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