HomeMy Public PortalAbout09-13-94 Regular Council Meeting.tifMINUTES
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
3 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge
4 APPROVAL OF MINUTES: 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 minutes of the
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
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September 13, 1994
Mayor Festa made a motion approving 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
Llorente and adopted on a 5 - 1 voice vote The vote was as
follows Councilmembers Fried, Llorente, Sime, Waid, and Vice
Mayor Rasco voting Yes Mayor Festa voted No The amended Festa
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
Councilman Sime made a motion approving a $25,000 00
appropriation for 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 time, 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 COUNTY, 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 that a 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 Festa 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
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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 VILLAGE 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
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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 94-33 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 JANE YARNELL 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
The following resolution 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 motion was
seconded by Councilman Sime and ad-^ted by a 4 - 2 The vote was
as follows Councilmembers Fried, ime, Waid, and Mayor Festa
voting Yes Councilman Llorente and Vice M3 or Rasco voted No
Councilman Waid discussed his concerns regarding the collection
of stormwater utility fees from condominiums The following
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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 Irl, 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
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September 13, 1994
By consensus, the Council designated the property commonly
referred to as 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 of the Key Biscayne Music and Drama Club Paul
Froehler, 305 Galen Drive, spoke in support of the application
Councilman Llorente made a motion awarding a grant to the Key
Biscayne Music and Drama Club in an amount of $9,975 00 The
motion was seconded by Vice Mayor Rasco and adopted by a 5 - 1
voice vote The vote was as follows Councilmembers Fried,
Llorente, Sime, Waid, and Vice Mayor Rasco voting Yes Mayor
Festa voted No
The manager announced that the dedication 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 Scottish Festival Vice Mayor Rasco made a motion
approving the agreement between the manager and the society 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
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 Mayor Festa voting Yes
The manager submitted the following informational items monthly
departmental reports, monthly financial 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
Adelphia Cable Communications, to the Federal Communications
Commission, regarding cable rate approval, dated August 12, 1994,
a letter from Fran Mainella, Florida Department of Environmental
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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 1 day of OCX-d"717 , 1994
age C1
Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE
COUNCIL WITH RESPECT TO ANY MAbrirai CONSIDERED AT A MEETING OR
BERING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND,
FOR SUCH PURPOSE, .MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
TilE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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