HomeMy Public PortalAbout12-13-94 Regular Council Meeting.tifMINUTES
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 The vote was as follows Councilmembers Llorente,
O'Reilly, Padovan, Waid, and Mayor Festa voting Yes
5 AGENDA. Councilman Waid requested the addition of discussion
regarding the Village's financial statement 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
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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 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
8 ORDINANCES: The clerk read the following ordinance, on first
reading, by title
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 FINDINGS; PROVIDING FOR AN APPEALS PROCESS;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
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
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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, Henny 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
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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 was as 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 p m
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 pavers for
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
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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 Rascal 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 O day of a ti , 1995
•
Vi 1 ge C1 letz Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION 1'DE BY THE VILLAGE
COUNCIL WITH RESPECT TO ANY 1_11 Rt CONSIDERED AT A ME2frING OR
HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND,
FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
770 PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TD BE BASED
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