The URL can be used to link to this page

Home My Public Portal About1993.tifMINUTES SPECIAL MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 5, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Councilman Raymond Sullivan was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney -Steve Heilman, Building Official Dan Nieda, and Community Development Director Robin Sobrino. 2. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 3. APPROVAL OF MINUTES: Councilman Brody made a motion to approve the minutes of the meetings of December 8, 1992, December 15, 1992, and December 22, 1992, as submitted, seconded by Councilman Sime. The motion was adopted by a unanimous voice vote. The vote was -as follows: Councilmembers Fried, Hill, Rasco,-Sime, Vice Mayor Brody, and Mayor Conte voting Yes. 4. AGENDA: councilmanRascomade a motion to discuss the Insurance Committee's request for the Village to apply to the state's Windstorm Pool. Councilman Sime seconded -the motion which carried by a unanimous voice vote The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Rasco discussed the Insurance Committee's recommendation for the Village to apply to the Florida Windstorm Pool. After brief discussion, Councilman Rasco made a motion to authorize' the Insurance Committee to begin the application process for the Village to participate in the Florida Windstorm Pool, seconded by Vice Mayor Brody. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. 5. ORDINANCES: The following ordinance, on second reading, was read by title for the record and considered by the Council,• Page 1 of 5 January 5, 1993 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER; DELETING SECTION 33- 36.1 ENTITLED "ADMINISTRATIVE VARIANCES";;PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Conte opened the public hearing. There were no speakers. After brief discussion, Councilman Sime made a motion to adopt the ordinance, seconded, by vice Mayor Brody. The motion was adopted, by a unanimous roll call vote. The vote was, as follows:. CouncilmembersiFried, Hill, Rasco, Sime, Vice Mayor. Brody, and Mayor Conte voting Yes. The following ordinance, on second reading, was also read by title for the record and considered by the Council: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ,THE CODE OF THE VILLAGE OF KEY BISCAYNE BY ADDING A NEW CHAPTER ENTITLED "FLOOD DAMAGE PREVENTION"; PROVIDING FOR: LEGISLATIVE FINDINGS; INTENTAND PURPOSE; DEFINITIONS; STANDARDS ,FOR, DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS, COASTAL HIGH HAZARD AREAS AND AREAS OUTSIDE SPECIAL FLOOD HAZARD AREAS; REQUIRING COMPLIANCE FOR ACCESSORY BUILDINGS; PROVIDING FOR APPLICABILITY; PROVIDING FOR ENFORCEMENT. AND RULES, OF INTERPRETATION; PROVIDING FOR VARIANCES; •PROVIDING FOR DISCLAIMER OF' LIABILITIES; PROVIDING FOR PENALTIES; PROVIDING FOR,THE62EPEAL OF CONFLICTING, PROVISIONS; PROVIDING FOR :SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE; DATE,, Councilman Sime requested that staff make their recommendations before, opening the public hearing. Village Attorney Helfman stated that an alternate ordinance has been prepared- Together with Village staff, Steve. Randolph from F.E.M.A. and John Festa, he has compiled an alternate ordinance tailored to Key Biscayne which addresses the principal concerns of F.E.M.A. and residents. Mayor Conte opened the public hearing. John Festa, 695 Harbor Lane, stated that he prefers a one year cumulative period. Village Attorney recognized Festa for his assistancein drafting the ordinance. Page 2 of 5 January 5, 1993 Hugh O'Reilly, 475 Allendale Road, expressed his concern about the -cumulative period. He stated that there should be no cumulative period. John Rosser, 300 Redwood Lane, concurred that the cumulative period should be zero. He also stated that the base flood level should be at the minimum required by F.E.M.A. Ed Slavins; 301 Palmwood Lane, asked about how the effective date will apply to past work done on a home. George Warner, 26- Elm Street, Boston, asked about the certification provisions and notification to home -owners. Jim Taintor, 335 Harbor Drive, stated that the cumulative period should be at -least three years. The purpose of the F.E.M.A. regulations is for homes to be eventually elevated to minimize damage during future floods. He also inquired about building ordinance provisions. Steven Simon, 335 Harbor Lane, concurred that the cumulative period should -be three -years to encourage property owners to elevate their homes. Ronald Mastriana, 3012 North Atlantic, Fort Lauderdale, representing the Sheraton, stated his concerns about the ordinance's impact on that property. Steve Randolph, of F.E.M.A., discussed the ordinance and answered concerns from the public and Council. Greg Han, 685 Curtisswood Drive, spoke about storm surges and the affects of flood waters on Key Biscayne. Councilman Rasco asked for staff's recommendation. Building Official Nieda stated that he feels comfortable with the ordinance. He recommended a three year cumulative period and that the base elevation be maintained at the minimum required by F.E.M.A. Councilman Hill asked Nieda why he recommended a three year cumulative period. Nieda stated that it will make the F.E.M.A. regulations enforceable by providing a longer tracking period for permits. Councilman Brody expressed concerns about the cumulative period because of the retro-active implications. Page 3 of 5 T January 5, 1993 Randolph stated that the retro-active cumulative period would begin to the day that the Village was incorporated`. The Council concurred that the retro-active date should begin on the date that the Village assumed Building and Zoning functions.' Councilman Fried suggested, as a compromise, a two year cumulative period. Village Attorney Helfman read the. title of the alternate. ordinance for the record: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE'BY ADDING A NEW CHAPTER ENTITLED "FLOOD DAMAGE' PREVENTION"; PROVIDING FOR: STATUTORY AUTHORITY AND LEGISLATIVE FINDINGS;, INTENT ANDIPURPOSE;'OBJECTIVES;. ➢EFINITIONS APPLICABILITY; PROVIDING FOR GENERAL PROVISIONS; ADMINISTRATIVE PROCEDURES AND STANDARDS; PROVIDING FOR FLOOD HAZARD REDUCTION;. PROVIDING, FOR VARIANCES AND APPEALS; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; INCLUSION IN THE, CODE AND AN EFFECTIVE DATE.',. After further discussion, Councilman Hill made a motion to adopt the ordinance with a one-year cumulative, period, seconded by Councilman Rasco. The,motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmeubrbers,_Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. 6. RESOLUTIONS: There were no resolutions considered by, the Council. 7. REPORTS AND RECOMMENDATIONS,: There were no reports submitted. '8. COMMITTEE REPORTS: There. were no committee reports submitted., 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS: presented: The following schedule was. A. REGULAR VILLAGE COUNCIL MEETING TUESDAY, JANUARY 12, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR Page 4 of 5 January 5, 1993 B. LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, JANUARY 19, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C. SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JANUARY 26, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR D. SPECIAL VILLAGE COUNCIL MEETING (FIRE/RESCUE SERVICE) TO BE ANNOUNCED COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR E. REGULAR VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 9, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR F. LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, FEBRUARY 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR G. SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7:00 F.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR 10. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. Approved this 12-14^ day of , flax j , 1993 0 Village Clerk 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, HE/SHE 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 MINUTES MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 12, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco (arrived late), Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk ;Guido Tnguanzo, Village Attorney Richard Weiss, Police Chief Michael Flaherty, Building Official Dan Nieda, Finance Director Jack Neustadt, Village Engineer Carlos Penin, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: The invocation was given by Father Robert Libby of St. Christophers-by-the-Sea Church. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: Councilman Fried made a motion to approve the minutes of the meeting of January 5, 1993, as submitted, seconded by Vice Mayor Brody. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 5. AGENDA: There were no changes made to the agenda. 6. ORDINANCES: The following ordinance, on first reading, was read by title and considered by the Council: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUIRING ALL PERSONS ENGAGING IN CONSTRUCTION OR DEMOLITION TO FURNISH SUFFICIENT ON -SITE RECEPTACLES FOR THE COLLECTION OF CONSTRUCTION DEBRIS; REQUIRING CONSTRUCTION DEBRIS TO BE EITHER STORED IN ON -SITE RECEPTACLES FOR LATER DISPOSAL OR REMOVED FROM CONSTRUCTION OR DEMOLITION AREAS BY 5:00 P.M. DAILY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Conte opened the public hearing. Ed Meyer, 100 Sunrise Drive, stated his support for the ordinance. Page 1 of 10 January 12, 1993 Vice Mayor Brody stated that he sponsored the ordinance to alleviate the debris problem at several construction sites in the Village. Vice Mayor Brody made a motion to adopt the ordinance, seconded by Councilman Fried.. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Basco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Clerk Inguanzo announced that the secondreading for the ordinance: will be on, January' 26, 1993., BUILDING AND ZONING: There were no items considered. REPORTS AND RECOMMENDATIONS: 8-A. VILLAGE ATTORNEY: Village Attorney Weisssubmitted the following reports. He stated that the peddler's ordinance is expected -to be ready for the next meeting of the Council. In the Seaquarium matter, he stated that a notice of appeal has been filed. In the Lipton matter, Weiss stated that he is awaiting a response from the Matheson family. 8-B. VILLAGE CLERK: Clerk Inguanzo stated that at the meeting of November 24, 1992, the Council had approved a motion to schedule a special meeting to discuss the Fire/Rescue issue. Manager Kissinger' stated that he is awaiting the completion of the Fire/Rescue study. It was the consensus of the Council not to set a date'until the study is complete. 8-C. VILLAGE MANAGER: Manager Kissinger submitted the following reports. 8-C-1. Departmental reports for the Building Official, Community Affairs Director, Village Engineer, Police Chief, and Recreation Director were submitted. 8-C-2. The manager submitted Improvement Program. The manager submitted a brief project. several reports on the Drainage report on the catch basin cleaning Page 2 of 10 January 12, 1993 Manager Kissinger stated that four firms had submitted an R.F.P. for the Stormwater Master Plan Engineer. He presented his ranking and recommendations. Councilman Hill made a motion to rank the firms, as submitted by the manager, and authorize the manager to negotiate a contract with Crowder -Mahoney for the Stormwater Master Plan Engineer. It was seconded by Councilman Sime. Councilman Sullivan asked the manager to elaborate on his recommendation and stressed the importance of the stormwater system.' The motion was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. Councilmembers Rasco and Sullivan voted No. Vice Mayor Brody made a motion to reconsider the Hill motion which was seconded by Councilman Sullivan. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody; and Mayor Conte voting Yes. Vice Mayor Brody made a motion to rank the firms, as submitted by the manager, and authorize the manager to negotiate a contract with Crowder -Mahoney for the Stormwater Master Plan Engineer. Councilman' Sullivan stated that the R.F.P. documents should be provided to the Council with time to study each proposal. Councilman Hill seconded the Brody motion. The motion was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. '"Councilmembers Rasco and Sullivan voted No. The manager requested a motion to authorize the catch basin installation project. Councilman Fried made a motion to extend the Catch Basin Installation Contract, as per the terms of Dade County, Florida,Public Works Department, contract number 5 entitled "ANNUAL LOCAL DRAINAGE IMPROVEMENT" with H&J Paving Corporation, 10450 Southwest 186 Lane, Miami, Florida for an additional $100,000 and be charged to Account 830648, reserve for capital expenditures. The motion was seconded by Councilman Sime. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Page 3 of 10 January 12 1993 The manager briefly discussed the locations of the first phase of the installation project.' Manager Kissinger briefly discussed a grant application for the purposes of alleviating drainage problems at Holiday Colony. The manager discussed a meeting attended by Village Engineer Penin and John Savage to discuss drainage problems on Ocean Lane Drive. Village Engineer Penin elaborated on the meeting and stated that the county was at fault for installing a flawed drainage system. Councilman Hill requested that the Village Attorney research the matter to see if there is any recourse with the county on this matter. The manager called on Village Engineer Penin to also discuss the status of the rate study for the stormwater utility. Village -Engineer Penin discussed the project. 8-C-3. Manager Kissinger submitted the monthly financial report. 8-C-4. The manager discussed updates on several hurricane matters including repairs to the West Mashta Drive Causeway, catch basin cleaning, Calusa Park, and the F.E.M.A. audit. 8-C-5. Councilman Hill, seconded by Councilman Fried, made a motion to appoint Guzman & Company, 701 Brickell Avenue, Miami, Florida, as financial advisor for the Village and authorize the Mayor to execute an agreement at a cost not to exceed $12,000. annually. The motion was adopted by a unanimous roll call vote. ,The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 8-C-6. Councilman Fried, seconded by Councilman Hill, made a motion appointing Ruden, Barnett, McClosky, Smith, Schuster, & Russel, P.A., 701 Brickell Avenue, Suite 1900, Miami, Florida, as bond counsel for the, Village and authorize the Mayor to execute an agreement. Councilman Sime expressed her concern about not having considered any other firms. Councilman Rasco concurred adding that another two firms should be given the. opportunity to bid. Vice Mayor Brody stated that the reputation of the firm should be the main consideration. Page 4 of 10 January 12, 1993 Councilman Hill stated that he highly recommended this firm to the manager. The Fried motion was adopted by a 4 - 3 roll call vote. The vote was as follows:. Councilmembers Fried, Hill, Vice Mayor Brody, and Mayor Conte voting Yes. Councilmembers Rasco, Sime, and Sullivan voted No. 8-C-7. The manager called on Building Official Nieda to discuss the L'Esplanade shopping center. Nieda discussed the Special Master's decision on the matter. Councilman Sime requested that the Village Attorney notify the Federal Government of the conditions existing at the L'Esplanade -- the location of the Post Office. Councilmembers Fried and Brody stated that the facility is probably not accessible by the handicap. Councilman Sullivan asked about the fines being assessed. Nieda explained that the condominium association is being assessed a daily fine. 8-C-8. The. manager submitted a brief report on ,the Fernwood Road/Crandon Boulevard property acquisition. Marie Kirk, 201 Crandon Boulevard, stated that she is opposed to a bond issue for acquiring the property. 8-C-9. The manager reported that the 1991-1992 audit is complete and the information is being compiled. He said the report should be available on February 1, 1993. 8-C-10. The manager discussed the county's employee assistance program available to Village employees at a cost to the Village of $18.00 per employee. Vice Mayor Brody made a motion to become a member of the Metropolitan Dade County Employee Assistance Program. Seconded by Councilman Sime. The motion was adopted by a unanimous voice vote. The votewas as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, Mayor Conte voting Yes. 8-C-11. Manager Kissinger briefly discussed a master tree planting plan. 8-C-12. Councilman Hill made a motion, seconded by Councilman Sime, to authorize the Village Manager to purchase two Chevrolet Page 5 of 10 January 12, 1993 S-10 Blazer (4X4) vehicles for the Police Department from Ed Morse Chevrolet, Lauderhill, Florida, not to exceed $31,708.40 and charged to Account #710524. Councilman Rasco asked the Chief about the time table for an operational department. Chief Flaherty stated that he expects the department to be operational March 1, 1993. Councilman Fried expressed his concerns about the number of Vehicles being purchased. He stated that the use of these vehicles will alienate the officers from the community. The Hill motion was adopted by a unanimous voice vote. The vote was as follows:- Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody. and Mayor Conte voting Yes.' Councilman Hill made a motion, seconded by Councilman Sime, to authorize the Village Manager to purchase one Chevrolet Astro Passenger Van (model CM10906) for the Police Department from Ed Morse Chevrolet, Lauderhill, Florida, not to exceed $13,717.91 and charged to Account #710.524. The motion was adopted by a unanimous voice vote.' The vote was as follows: Coungilmembers Fried, Hill, Rasco, Sime' Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 8-C-13. Village Manager Kissinger submitted a brief report on the Public Safety study. 8-C-14. The manager submitted a copy of a $500,000 check from Metro -Dade County for payment in accordance with the Inter -local Agreemen-t. 8-C-15. The manager submitted a report on the Benefits Plan Coordinator (K. C.I. Financial Service, Inc., Ft. Lauderdale, Florida) Councilman Hill stated that the Police Department should remain named that until the Public Safety issue is resolved. The Council concurred. 8-D. MAYOR AND COUNCILMEMBERS: Councilman Sime stated that the next Local Planning Agency meeting will be on January 19, 1993. Councilman Rasco stated that he would like to have a report from the Hurricane Preparedness and Emergency Management Committee and that they should resume to meet to prepare for the next hurricane season. Page 6 of 10 January 12, 1993 Councilman Sullivan stated that the Council should determine a use for the Fernwood Road/Crandon Boulevard property. He added that it should_be used as a green area. Councilman Hill concurred that a use should be determined. Councilman Sime stated -that there are to many variables and there should be multiple plans. Councilman Rasco stated that several alternatives are needed including using the property for a community center. Vice Mayor Brody discussed several properties in the Village- which will be important in the process and that the issue should be addressed at the Local Planning Agency level. Councilman Fried stated that a combination of uses would be best. He agreed that it should be addressed in the Master Plan process. Mayor Conte discussed a petition presented tohim by residents wishing ;to change the village seal'. Jim Brewster, 500 North Mashta Drive, -stated' that the seal adopted by the Council did not have an emotional impact on the community. He added that a contemporary design would be best for the Village. Tim Stickney, 285 Woodcrest Road, asked' -the Council to reconsider the adoption of a seal. Marie Kirk, 201 Crandon Boulevard, stated'that the process should start from the beginning in selecting a seal. Nancy Tellam, 270 Greenwood, stated that the petition demonstrated that residents were not happy with the seal and asked the Council to reconsider their decision. Bill Ofgant, 512 Fernwood Road, stated that people should be willing to discuss other important issues with the same enthusiasm. Lynn Spaugh, 609 Ocean Drive, stated that she will be happy to work with the Council in selecting a new seal.' Albert Bailitz, 615 Ocean Drive, also spoke in favor of a new seal. Vice Mayor Brody stated that the petition did not specifically state the residents were unhappy with the current seal. Councilman Hill stated that starting the process from the beginning is not appropriate, however the Council should evaluate designs that become available. Councilman Sullivan stated that at a previous meeting he had suggested re -opening the process to give residents the opportunity to design a contemporary design. Councilman Fried stated that if residents want a contemporary seal, they should submit a contemporary design for the Council to consider. Mayor Conte suggested a deadline of April 1, 1993 for residents, to submit designs. The Council concurred. Vice Mayor Brody stated that the current seal should remain as the official seal during the interim period.', The Council concurred. 9. RESOLUTIONS: The following resolutions were considered by the Council. Page 7 of 10 January 12., 1993 9-A. The Council considered the following resolution. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE JACKSON MEMORIAL HOSPITAL TRAUMA CENTER; ALLOCATING KEY BISCAYNE'S FAIR SHARE TO THE CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. After a discussion by the .Council, the manager was instructed to prepare a recommendation on this matter for a future meeting.. 9-B. Councilman Fried made a motion to adopt the following„ resolution, secondeed by Councilman Rasco. A.RESOLUTION ,OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON.BEHALF OF THE VILLAGE WITH THE KEY-BISCAYNE ATHLETIC CLUB;' AND; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sullivan stated that, eventually, the Village Recreation Departments` should be providing these services. Scott Miller, 620 North Mashta Drive, spoke in favor of the, resolution, Councilman Rasco directed the manager to meet with the Key Biscayne: Athletic Club in the next sixty days and return to the Council within ninety, days with a reportonhow to incorporate the club's activities in the Village's Recreation Department. Councilman Fried directed the manager to contact Coral Gables and Miami. Shoresto determine the volunteer activity withintheir programs. The Fried motion was adopted by a unanimousroll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 9-C. Councilman Fried made, a motion to adopt the following resolution, seconded by Councilman Sime. ' A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN INTER -LOCAL AGREEMENT ON BEHALF OF THE VILLAGE WITH METRO-DADE COUNTY FOR A'GRANT 'FROM _THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION'S ECONOMIC ADJUSTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Page 8 of 10 January 12 , 1993 The motionwasadopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody, and Mayor Conte voting Yes. 9-D. Vice Mayor Brody made a motion to adopt the following resolution, seconded by Councilman Sime. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING SALLY BRODY FOR HER ACHIEVEMENTS AS THE KEY BISCAYNE ELEMENTARY SCHOOL TEACHER OF THE YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 10. COMMITTEE REPORTS: There were no committee reports submitted to the Council. -11. OTHER BUSINESS/GENERAL DISCUSSION: Ed Meyer, 100 Sunrise Drive, stated that the Council should consider a Citizen of the Year award. 12. SCHEDULE OF FUTURE MEETINGS: The following schedule was submitted. A. LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, JANUARY 19, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR B. SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JANUARY 26, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C. SPECIAL VILLAGE COUNCIL MEETING (FIRE/RESCUE SERVICE) TO BE ANNOUNCED COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR D. REGULAR VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 9, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR LOCAL PLANNING AGENCY MEETING (L. P. A.) TUESDAY, FEBRUARY 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCiN17RE STREET, SECOND FLOOR F. SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR Page 9 of 10 January 12, 1993 13. ADJOURNMENT: The meeting was adjourned at 10:55 p.m. Approved this 2V4 day of , 1993. Villa ie Clerk 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, HE/SHE 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 10 of 10 MINUTES . SPECIAL MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 26, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried, Joe Rasco (arrived late), Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Councilman Mike Hill was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2.4 INVOCATION: The invocation was given by Reverend Pat Arnold of'`the Key Biscayne Presbyterian Church. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: Councilman Fried made a motion to approve' the minutes of the meeting of January 12, 1993, as submitted, seconded by Mayor Conte. The motion was adopted by a unanimous voice vote. ...The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 5. AGENDA: Vice Mayor Brody requested that Item 10-A be deferred until the next Council meeting. Councilman Sullivan made a'motion to defer Item 10-A until the next Council meeting, seconded by Vice Mayor Brody. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Sime requested discussion of a construction noise ordinance under Item 12. Councilman Sime made a motion to discuss a proposed construction noise ordinance under Item 12, seconded by Councilman Sullivan. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 6. PUBLIC COMMENTS: Mayor Conte opened the meeting for comments from the public. Page 1 of 8 January 26, 1993 John Festa, 695 Harbor Lane, encouraged the Council and residents to support Congressional Bill H.R.156 relating to flood insurance. Eli Lesser, 1121 Crandon Boulevard, discussed his opposition to the Seaquarium expansion project. Elaine Novakoff, 251 Crandon Boulevard, spoke in opposition to purchasing the:Fernwood/Crandon property. Edna Simpkin, 1111 Crandon Boulevard, spoke in opposition to granting:a parking variance for Burger King, Michelle Padovan, 425 Grapetree Drive, spoke of the, landscaping plans for Grapetree Drive. Virginia Renscher, 201 Galen Drive, requested that the Village install garbage containers on the beach to alleviate the litter problem:, 7. SPECIAL PRESENTATION: Mayor Conte and the Council presented Resolution 93-3 to Sally Brody, recognizing her accomplishments as the Key Biscayne Elementary School Teacher of the Year. 7. ORDINANCES.: The following ordinance, on second reading, was considered by. the Council: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE., FLORIDA; REQUIRING ALL PERSONS ENGAGING IN CONSTRUCTION OR DEMOLITION TO FURNISH SUFFICIENT ON -SITE RECEPTACLES FOR THE COLLECTION OF CONSTRUCTION DEBRIS; REQUIRING CONSTRUCTION DEBRIS TO, BE EITHER STORED IN ON -SITE RECEPTACLES FOR LATER DISPOSAL OR REMOVED FROM CONSTRUCTION OR DEMOLITION AREAS BY 5:00 P.M. DAILY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE, CODE AND AN EFFECTIVE DATE. Councilman Brody made a motion to amend Page 2, Section 2, to read "All Persons engaging in construction or demolition projects with a cost in excess of $15,000.00, shall provide sufficient On site Receptacles to maintain construction or .demolitionareas in.. a clean, neat, and sanitary condition free from Construction Debris." Mayor Conte opened the public hearing. Eli Lesser, 1121 Crandon Boulevard, spoke to the parliamentary procedures of the Council. Page "2 of 8 January 26, 1993 Councilman Sime seconded the Brody motion. The Brody amendment was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Fried made a motion to amend Page 2, Section 4, to strike the words "either" and "by 5:00 p.m. daily." Councilman Rasco seconded the motion. The Fried amendment failed on a 2 - 4 roll call vote. The vote was as follows: Councilman Fried and Mayor Conte voting Yes. Councilmembers Rasco, Sime, Sullivan, -and Vice Mayor Brody voted No. Councilman Brody made a motion to adopt the ordinance, as amended, seconded by Councilman Sime. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor ,Conte voting Yes. 8. BUILDING AND ZONING: The following items were discussed. 8-A. HEARING NUMBER 93-1-1: Key Biscayne Shopping Center J.V. (618 Crandon. Boulevard) -requested a non-use variance of parking requirements to permit an existing shopping center to include a restaurant providing'a total of 337 parking spaces, where 349 parking -spaces -are required. Stanley Price, One International Place, representing the applicant spoke in favor of the application. Gene Santovina, 6470 Southwest 81st Street, representing Burger' King spoke in favor of the application. Community Development Director Sobrino made her recommendation for denial based on the lack of parking. She also stated that the use will require a waiver from the building moratorium. Mayor Conte opened the public hearing for comments. Marie Kirk, 201 Crandon Boulevard, favors additional affordable restaurants on Key Biscayne. Mary Schulman, 1121 Crandon Boulevard, spoke in opposition to the a variance. Camille Guething, advised the Council to be consistent regarding the building moratorium. Alfred Gilman, 181 Crandon Boulevard, spoke in favor of the applicant. Page 3 of 8 January 26, 1993 Greg Han., 685 Curtisswood Drive, also spoke in favor of the applicant Stating that he did not believe parking was a. problem. John Festa, 695 Harbor Lane, spoke. in favor of the applicant. Eli Lesser, 1121 Crandon Boulevard, spoke about potential problems at the restaurant regarding litter. Edna Simkin, 1111 Crandon Boulevard, spoke in opposition to the application. Mr. Price addressed the concerns of the residents who spoke in opposition, to the application. After discussion by the Council, Vice Mayor Brody made a motion to deny the application, seconded by Councilman Sullivan. The motion was adopted by a 4 - 1 1 roll call vote. Thevote was as follows: Councilmembers Sime, Sullivan, Vice Mayor Brody and Mayor Conte voting Yes. Councilman Rasco voted No. Councilman Fried abstained due to a conflict of interest. 8-B. ENTRANCE FEATURE REOUEST 92-EF-17: Ocean Village Condominium (101 OCEAN LANE DRIVE). Community Development Director Sobrino stated that this item was deferred at the meeting of October 13, 1992 at the applicant's request. She stated her recommendation for denial. Mayor Conte opened the public hearing for comments. Jim Dowd, 101 Ocean Lane Drive, discussed the signs proposed for the condominium., After discussion by the Council, Councilman Sullivan made a motion to deny the application, seconded by Vice Mayor Brody. The motion was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Rasco voted No. 9. REPORTS AND RECOMMENDATIONS: The following reports were submitted. 9-A. Village Attorney Weiss answered a question from Councilman Sullivan regarding the lease agreements between the county and Village. 9-B. Clerk inguanzo submitted a report on the implementation of the Village Seal. Additionally, the Council concurred to consider all of the submissions for a new seal after the April 1, 1993 deadline. Page 4 of 8 January 26, 1993 9-C. Manager Kissinger submitted the following reports. 9-C-1. The manager reported that lighting on Crandon Boulevard has been restored. 9-C-2. The manager reported that a final hurricane debris pick- up has been scheduled for February 1st through February 5th. The manager also submitted a report on the tree replacement project. 9-C-3. Manager Kissinger submitted a report on the Comprehensive Village -wide Tree Planting Plan. Vice Mayor Brody made a motion to amend the Landscape Architect's (O'leary) contract per his proposal of January 21,'1993. Councilman Fried seconded the motion. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Rasco, Sime Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 9-C-4. The manager stated that the Village will co-sponsor the Key Biscayne Island Festival on March 13 and 14, 1993. 9-C-5. The manager announced that the Hurricane and Emergency Management Committee will be meeting on Monday, February 1, 1993. 9-C-6. Manager Kissinger reported that a proposal by the City of Miami for fire services is being negotiated. A copy of the Fire Service Evaluation Final Report, by Dr. Douglas Stutz, was submitted to the Council. The manager announced that the Special Council meeting to discuss the fire/rescue issue has been scheduled for Thursday, February 4, 1993 at the Key Biscayne Elementary School. 9-C-7. The manager submitted a progress report on the Police Department. Councilman Sullivan requested that new police personnel be introduced to the Council and public at a future meeting. 9-C-8. The manager announced that Dade County has resumed its bulky waste collection service. 9-C-9. Manager Kissinger announced that the catchbasin installation project is underway. He also stated that the current, catch basins have been cleaned. The manager stated that the Village may be eligible for a grant from the South Florida Water Management District for drainage. projects. Page 5 of 8 January 26, 1993 9-C-10. The manager submitted a status report on grants awarded to the Villageand discussed other grant requests that the Village has submitted. 9-C-11. The manager submitted a copy of the Village'sfirst newsletter. 9-C-12. Manager Kissinger submitted a report on the county's Value Adjustment Board and its effect on Key Biscayne revenues. 9-C-13. The manager briefly discussed the South Dade Tourism Committee. 9-C-14. The manager discussed the issue of beach maintenance. Village Attorney Weiss stated that he is researching the matter to determine the Village's responsibility. Ed Flynn, of the Sonesta Hotel, stated that the hotel will begin maintaining their' beach prior to re -opening: 9-C-15. Manager Kissinger informed the Council that a weekend building inspection program has been initiated. 9-C-16. The manager informed the Council that the Department of Community Affairs has approved the Village's Flood Prevention Program. 9-C-17. The manager withdrew this item relating to Miami -Dade Water & Sewer Authority's causeway construction project. 9-D. Councilman Sime submitted a schedule of future Local Planning Agency meetings. After a brief discussion, the Council scheduled a Saturday workshop meeting for February 27, 1993 at the Key Biscayne Elementary School. Councilman Sullivan stated that the Village should adopt the highest possible standard when dealing in purchasing matters. He expressed his concerns about the swift manner in which a bond counsel waschosen without considering other proposals. Vice Mayor Brody reported on his trip to Cocoa Beach where he presented'the City Commission with a resolution from the Village thanking them for their assistance after Hurricane Andrew. Mayor Conte announced that a tennis court was being donated to the Village. Village Attorney Weiss stated that an agreement should be signed with the company prior to accepting the court. Page 6 of 8 January 26, 1993 10. RESOLUTIONS: The following resolutions were considered. 10-A. At the request of Vice Mayor Brody, the following resolution was deferred until the next Village Council meeting. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING CONSTRUCTION OF THE JACKSON MEMORIAL HOSPITAL TRAUMA CENTER; ALLOCATING KEY BISCAYNE'S FAIR SHARE TO THE CENTER; AND PROVIDING AN; EFFECTIVE DATE. 10-B. Vice Mayor Brody made a motion to adopt the following resolution, seconded by Councilman Fried. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING HAYDEE DEVANEY FOR HER TIME AND- EFFORTS' ON BEHALF OF THE VILLAGE'S RECREATION DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 11. COMMITTEE REPORTS: There were no committee reports submitted. 12. OTHER BUSINESS/GENERAL DISCUSSION: Councilman Sime discussed a proposed construction noise ordinance. After brief discussion, the Council concurred that -such an ordinance be prepared. Marie Kirk, 201 Crandon Boulevard, stated her support for such an ordinance. 13. SCHEDULE OF FUTURE MEETINGS: The following schedule was presented. A. HURRICANE AND EMERGENCY MANAGEMENT COMMITTEE MONDAY, FEBRUARY 1, 1993, TIME T.B.A. LOCATION T.B.A. B. SPECIAL VILLAGE COUNCIL MEETING (FIRE/RESCUE SERVICE) TUESDAY, FEBRUARY 4, 1993, 7:00 P.M. KEY BISCAYNE ELEMENTARY SCHOOL, 150 WEST MCINTYRE C. INSURANCE COMMITTEE MEETING MONDAY, FEBRUARY 8, 1993, 5:00 P.M. CONFERENCE ROOM, 85 WEST MCINTYRE STREET Page 7 of 8 January 26, 1993 D. REGULAR VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 9, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR E. LOCAL PLANNING AGENCY PUBLIC PARTICIPATION WORKSHOP T.B.A KEY BISCAYNE ELEMENTARY SCHOOL,150 WEST MCINTYRE F. LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, FEBRUARY 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCTNTYRS STREET, SECOND FLOOR G. SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR H. ANNUAL CONGRESSIONAL CITY CONFERENCE MARCH 5-9, 1993 WASHINGTON, D.C. I. REGULAR VILLAGE COUNCIL MEETING TUESDAY, MARCH 9, 1993, 7:00 F.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR J. LOCAL PLANNING AGENCY MEETING (L. P.A.) TUESDAY„ MARCH 16,-1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR K. SPECIAL VILLAGE COUNCIL MEETING TUESDAY, MARCH 23, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR 14. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. G Appro vd this 1 day of \e \gYv , 1993. Villagt^Clerk 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, HE 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 8 of 8 1 j COUNTY, MUNICIPAL, AND OTHER LOCAL. PUBLIC vrrfcetKco i i,,, i I'IK%J v\IAI InnUSAMI "r Mk011 WAND C u C Nell, t OM NIFNIUH. Ala Wan Mali I ligP, �, 4o <2 `(Oil/A nr Aa iNG A/D{w/l-a\ 'IHC 1{OARn,rEo,n1 NI i MMI. Ue, AtiM1N RII NCOMMiI itty -•.cq( (Vg 7f/ E l a� Iilrfttuexvcl,nl lia1-. . . . . .C% '�' Ae on 0 Ctx,!tl+' ❑ uiHEt(ttx�A;4 nann:-T_ ;ol,nlr 7r - ;n14 W 1('H 1&)1T (('CII NI l) A , 799 NAMH V} VOLTIt %i siii3IN Vim{ 0 i/4 c UV eOCinn6 iS • woo.Musiratt Ptii1+u I f C17VE APPoiWrlve. - :rar+rNitMYPMW1p`1ni 7.`•lnit!' •. This forth is for use by any person saying at the county, city. Or other focal lwhet of government on en appointedoreiecusd board. council, t)um itssion, authority, or. committee. it applies equally to members of advisory and non•advlstifftfUclies`whotit presented with a voting conflict of interest under Section 111.J3Q7,.Florica Statutes, • Your responsibilities under thr taw when faced witha measure in which you have a conflict of Interest will vary greatly depending on whethur yOU ttotd nn elect Iva nr appointive position. For this reason, please pty Close attention to the instructions oh this form baron completing the reverse sideand filing the form, INSTRUC IONS POR GOMt41ANCE WITH SECTION Ii2.31ta3, FLORIDA STATUTES ELECTED OFFICERS: • A person holding elective county, mnuni )pal, or other local public cfficcMUSi' ABSTAIN from voting on a messure which inures to his special private gain. Each local officer also is prohibited front .knQwingiy voting on n measure which inures to the special gain of a principal (other than a government agency) by whom he Is retained. In either ease. you should disclose the conflict; PRIOR TO TI4C VOTE ELMNC TAKEN by publicly tIAting to the assembly the nature of yo re6t in~GhC measure on which you are abstaining front voting. and WITHIN, IS DAYS AFTER THE VOTE OCCURS by completing and filing this torm wile the person responsible fOr retxtrditig the minutes of the meeting. who should incbeporaie the form In the minutes. APPOINTED OYFIct S: . A person holding appointive County, munic*pni, of other Inca) public offix MUST ABSTAIN from 'voting on a measure which inures ro his special private gain. Each io^al officer slap ie prnhibiteci from knowinaiy voting on a Measure which inures to the special gain of a principal (other shun a k.ovetnmenl sgeney') by whom he is retained. A person holding an sppointty tool office otherwise may partie;pi ne to a matter in whim he nes a connect of interest, but mun disclose the nature of the conflict before rndkin_g any Attempt to influence the Jectvon by prat or written commuttil:attan, wlietiter madeby the *Meer or at his direction. tU YOJ Efv1 LNU TO MAXi' ANY Ant /sin TO INPLULNCE THE DECISION PRIOR ¶O TI4E tv1EFTiNO AT WHICH THE. Wit WILL BE TAKEN; • !You should complete and rile this frivol theforc ranking any attempt to influence he dectsloni withthe perSnft responsible for rewording tnt rnintirac oi"the meeting. who will imcDrporate the form ir tit( mi!lnlefi, • A cony of the form should be provided immeniarety to the other inefibcrs of :Tic egctf1"Y. . • The form should be road publicly nt the riot to conu,1ernimn ni 7iirmat:cr in which you have a Conflict -of interest. IitiMSS- 141 .'.i:'dRi94x➢IX1YT.e'}i.-,_:.. FAt1E.1 iF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT TIY DISCUSSION AT THE MEETING • You should.dasekse orally the nature of your conflict in Or measure before !unlit:ipating. • You should • camptotc the form sad file it within 15:days afterthgvote occurs with the persen respon6;ble rer reeor4ingthe minutes or the meeting, who Fheutd incorporate the form 1f 1'he minutes, 0 13C185U>?8 OT LOCAL MOM INTEREST 4/fire gr I tV hereby dltclnte that on _ ,% 24 ta) A measure came or will came before toy agency Which (check one) fi • inured to my special private saint or t 19a. r inured to the spacial gain of by whom Lam retained. (lt) Ti,ameasure Wore My agency and the /NIUrenf my interest in the 'measure is as follows:. ' (Carrier ,./egerle euaca !e1F I. Iy4'!.M:r. • • ate Filed Signature ( NOTICE: UNDER PROVISIONS OF FtC)KIDA STATUTES §§2.31? (1ti1RSL, is FAILURE.Tt) MAKE ANY REQUIRBA 1 DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OFTHH'FOLLOWiNo; 1MPEACnMEMi. RLMUVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION, REDUCTION iN SALARY, REPRIMAND', OR A CIVIL PFNAITY NOT TO EXCEED SLOW. ^e•L'lrs (F FORM t:H• c+�t MINUTES SPECIAL MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA FEBRUARY 4, 1993 KEY BISCAYNE ELEMENTARY SCHOOL 150 WEST MCINTYRE-STREET 1. CALL TO'ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Tried, Michael Hill, Joe Rasco (arrived late), Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Councilman.Betty Sime was absent. Also present were Village ManagerSam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Steve Helfman,' Police Chief Michael Flaherty, and Finance Director Jack Neustadt. 2. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 3. AGENDA: There were no changes made to the agenda. 4. DISCUSSION OF FIRE/RESCUE SERVICE: Chief Willie Alvarez, with the -Metro -Dade Fire District, made a presentation to the Council. Douglas Stutz, the Village's Fire/Rescue consultant also made a presentation to the Council. He presented four alternatives available to the Village Council: continue with Metro -Dade County's service; contract with a neighboring city to provide the service; contract with a private provider for the service; or establish a Village fire department. Dr. Stutz answered questions from Jim Taintor-, 355 Harbor Drive; Conchita Suarez, 201 Crandon Boulevard; Camille Guething, 260 Seaview Drive; and Jim Doyle; 259 Buttonwood Drive. Dr. Stutz recommended that the Village contract with a neighboring city to provide the service. He also recommended that the Village establish` a citizen C.P.R. program, adopt a residentiai.fire sprinkler ordinance and establish, a program for the development Of a Village operated fire department. Mayor Conte opened Lorenzo Kelly, 201 District's loss- of district. the meeting for comments from the public. Crandon Boulevard, asked about Metro -Dade Fire revenue with Key Biscayne opting out of the Page 1 of 4 February 4, 1993 Dick Cromartie, 155 Ocean Lane Drive, formerchairmanof the Village's Fire/Rescue Committee, stated that the committee had recommended in its final report that the Village establish its own fire department. Alma Trappolini, 650 Ocean Drive, #11A, stated her support for continuing in the Metro -Dade Fire District. Allan Ward, 470 Palmwood Lane, stated that less expensive service would not necessarily be better, for the Village. Grace Mahn, 881 Ocean Drive,,- deferred her time to Camille Guething. Gary Gross, 211 Island Drive, stated that if the Village provides the service, there will be greater control of the, service by the community. Camille Guething, 260 Seaview Drive, stated her support of continuing in the Metro -Dade Fire District. She also questioned Dr. Stutz' qualifications for making a recommendation to the Council. Hortensia San Pedro,, 240 Cranwood Drive, stated her support of continuing in the Metro -Dade Fire District. She a gave a personal account of how Metro -Dade has assisted her family in the past. Jim Doyle, 259 Buttonwood Drive, stated his support of continuing in the Metro -Dade Fire District. Conchita Suarez, 201 Crandon Boulevard, stated her support of the Metro -Dade Fire arid Rescue service. She added her displeasure with Dr. Stutz' report. Irving Kreisberg, 251 Crandon Boulevard, stated that, as the president of the Key Colony Homeowner's Association, Key Colony supports staying with Metro-Dade's service. Steve Simon, 335 Harbor Lane, stated that the current petition drive to amend the Village Charter regarding the fire/rescue issue places a binding burden on the elected officials. Stan Hills, 8000 Northwest 21 Street, Miami, stated that the fire fighters are proud to serve on Key Biscayne. He also stated that the Village would not he happy with the City of Miami's management style if it decides to contract with them', for fire. service. Page 2 of 4 rf February 4, 1993 Dave Savage, 640 Ridgewood Road, stated that there should be an emphasis on rescue service since it is used more often that the fire service. Dave Johnson, 201 Cranwood Drive, Key Biscayne's Volunteer Fire Department Chief, stated that Metro -Dade has always been accessible to the volunteers. Sally Brody, 180 Harbor Drive, stated that the purpose of incorporation was to take control of Key Biscayne's destiny and for that reason, the Council should take into consideration the Stutz report and Fire/Rescue Committee report. After a brief discussion by the Council, Vice Mayor Brody made a motion that; for the 1993 deadline, the Council consider only Alternative One, staying with Metro -Dade Fire and Rescue, or Alternative Two, contracting with a neighboring city for service. The motion also directed the Village Manager to formalize an agreement with the City of Miami for consideration by the Council. Mayor Conte seconded the motion. The motion failed on a 2 - 4 roll call vote. The vote was as follows: Vice Mayor Brody and Mayor Conte voting Yes. Councilmembers Fried, Hill, Rasco, and Sullivan voted No. Councilman Rasco recommended that the Village Manager be given direction by the Council on how to proceed on this matter. Councilman Rasco made a motion to direct the Village Manager to make a recommendation to the Village Council based on the consultant's report. The motion died due to lack of a second. Councilman. Sullivan made a motion to direct the Village Manager to submit to the'Village Council a plan to -implement a Village fire department, with Emergency Medical Service, including time - frame and'cost.I.Councilman Fried seconded the motion and added an amendment, which was accepted, that the plan be slated to start no earlier than October 1, 1994. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The manager agreed to present the plan within ninety days. 5. OTHER BUSINESS/GENERAL DISCUSSION: No additional business was discussed. Page 3 of 4 February 4, 1993 6. ADJOURNMENT: The meeting was adjourned at 10:15 p.m. Approved this 3 ra day of F `o --c " , 1993. Vi32ag clerkIerk 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, HE 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 MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 9, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte. at 7:00 p.m. Present' were Councilmembers Mortimer Fried (arrived at 7:05 p.m.), Michael Hill, Joe Rasco, Betty Sime, Raymond Sullivan (arrived at 7:10 p.m.), Vice Mayor Clifford -Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Police Chief Michael Flaherty, Community Affairs Director Susan Gregorie, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: The invocation was given by -Father Robert Libby of St.;Christophers-by-the-Sea Church. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: Councilman Rasco made a motion to approve the minutes of the meeting of January 26, 1993, as submitted, seconded by Councilman Hill. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting yes. 5. AGENDA: There were no changes made to the agenda. 6. SPECIAL. PRESENTATION: Mayor Conte and the Council presented Resolution 93-5 to Haydee Devaney, recognizing her time and efforts on behalf of the Village's Recreation Department. 7. ORDINANCES: There were no ordinances discussed by the Council. 8. BUILDING AND ZONING: HEARING NUMBER 93-2-1: VSLF II Key Biscayne Hotel Corporation and VMLP III Key Biscayne Villas Limited Partnership requested a finding of vested rights pursuant to section two of Ordinance 92-10. Jeff Bercow, 200 Southeast Biscayne Boulevard, Miami, representing the applicant spoke in favor of the application. Page 1 of 7 February 9, 1993 After a lengthy discussion, Mayor Conte opened the public hearing. Marie Kirk, 201 Crandon Boulevard, said that the Council should preserve the height limitation established by ordinance. Community Development Director Sobrino stated that the applicant has satisfied the criteria for demonstrating their vested rights. Councilman Fried made a motion that a determination is established that the applicant has vested rights within the purview of Ordinance 92-10, seconded by Vice Mayor Brody. The motion was adopted by. a unannnous roll call vote The vote, was. as follows:. Councilmembers Fried,. Hill, Rasco, Sime, Sullivan,, Vice Mayor Brody, and Mayor; Conte voting, Yes. 9. REPORTS AND RECOMMENDATIONS:: The following reports were submitted. 9-A. VILLAGE ATTORNEY: Attorney Weiss discussed the lease issue regarding the police building and Calusa Park; beach ownership; the proposed sign ordinance; the Lipton litigation; development of policies for the police department; the Seaquarium appeals process; and a letter sent to the federal government regarding the post office. 9-B. VILLAGE CLERK: Pursuant to Resolution 92-61, Clerk Inguanzo reported that Mayor Conte issued proclamations for William Suarez and Carmine Romano. 9-C. VILLAGE MANAGER: Manager Kissinger presented William O'Leary, the Village's Landscape Architect, who made a presentation regarding landscaping plans for Crandon Boulevard. After a. lengthy discussion by the Council, Councilman Fried made a motion authorizing the Village Manager to proceed with the Royal/Coconut Palm plan concept for Crandon Boulevard. Councilman Sullivan seconded the motion. Ed Meyer, 100 Sunrise Drive, stated that the proposed plan was boring. Bill Ofgant, 512 Fernwood Drive, stated that the Master Plan should be approved prior to work commencing on Crandon Boulevard. The Fried motion was adopted by a 6 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Hill voted No. Page 2 of 7 February 9, 1993 The manager submitted the monthly departmental reports. Community Affairs Director Gregorie elaborated on her report by making comments to the Council. Mayor Conte excused himself from the meeting at 9:00 p.m. Building Official Dan Nieda elaborated on his report by discussing the new procedure for building permits. Police Chief Flaherty made a brief presentation to the Council. Manager Kissinger presented Carlos Penin, Village Engineer, who, together with Ray Gonzalez of C.A.P Engineering, made a presentation on the stormwater rate study. EngineerPenin also discussed problems and possible solutions for drainage problems on Ocean Lane Drive. Councilman Fried requested that the Village Attorney research the Village's option regarding the flawed drainage system installed by the county on Ocean Lane Drive. Councilman Sime made a motion directing the Village Manager to pursue a grant to alleviate the drainage situation on Ocean Lane Drive, seconded by Councilman Rasco. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Engineer Penin submitted a report on swale drainage. Manager Kissinger announced the scheduled meeting with the Crandon Park Master Plan consultant on February 10, 1993. The manager submitted a proposed plan for recreation services by the Key Biscayne Athletic Club. Councilman Rasco made a motion to adopt the proposed plan by the Key Biscayne Athletic Club dated February 5, 1993, seconded by Councilman Sime. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The manager reported on his attendance at the Institute of Government's "Improving Government Decision Making During Natural Disaster" Forum on January 29, 1993. Manager Kissinger announced that the Florida Marlins will have Key Biscayne Day at Joe Robbie Stadium on Wednesday, April 21, 1993. Page 3 of 7 February 9, 1993 The manager withdrew a proposed motion authorizing him to enter into a contract with Dodd Printers for 'printing of the Village's newsletter. The manager briefly discussed a proposed project for printing post -cards to promote Key Biscayne. The manager reported that the Village's Flood Prevention Program has been approved by the Federal Emergency Management Agency. Manager Kissinger reported that the International City Management Association has recognized Key Biscayne's Council -Manager form of government in Who's Who In Local Government. The manager gave an update on Hurricane Andrew related business including the final debris pick-up, F. E. M.A. reimbursement of beach and ocean.signage, proposed repairs to the West Mashta, Island Causeway; and an update on the Cape Florida State Recreation Area. The manager announced that Metro -Dade County will institute a shuttle service' during the Lipton tournament. The manager presented to the Council a copy of the 1991-1992 Annual Audit report. The manager submitted the monthly financial report. Manager Kissinger stated that the Village is currently finalizing an agreement for the reconstruction of the Calusa Parktennis courts. The manager requested a motion to waive bids for a fireworks display at the first Key Biscayne Festival at a cost not to exceed $15,000 to be awarded to Zambelli International Fireworks Manufacturing, Incorporated. Councilman Sime made a motion to waive bids for a fireworks display, seconded by Councilman Sullivan. Ed Meyer, 100 Sunrise Drive, asked what the Village will receive for $15,000. The Sime motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The manager withdrew discussion of the firedepartment progress report. Page 4 of 7 February 9, 1993 The manager presented an update on grants for which the Village has submitted applications. Manager Kissinger 'reported on a meeting of the South Dade Tourism Committee. Building Official Nieda, at the request of the manager, discussed the mitigation hearing held by the Special Master regarding the L'Esplanade (973 Crandon Boulevard). The manager reported that there has been some progress with the hotels cleaning the beach areas. 9-D. MAYOR AND COUNCILMEMBERS: Councilman Sime announced the special meeting of the Local Planning Agency on February 11, 1993. Councilman Sime discussed the formulation of policy regarding the flood elevation requirements. The Council concurred that the issue should be addressed. Councilman Fried discussed the problems with providing public parking for a beach easement. Councilman Rasco requested that the agenda be re -formatted so that the manager's reports be limited to items requiring Council action and policy matters. 10. RESOLUTIONS: The following resolution was considered by the Council. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING CONSTRUCTION OF THE JACKSON MEMORIAL HOSPITAL TRAUMA CENTER; ALLOCATING KEY BISCAYNE'S FAIR SHARE TO THE CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. Rolando Rodriguez, 1611 Northwest 12 Avenue, Miami, representing the Jackson Memorial Foundation, addressed the Council. After a brief discussion, the Council deferred the resolution until the next meeting. 11. COMMITTEE REPORTS: There were no committee reports submitted. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. Page 5 of 7 February 9, 1993 13. SCHEDULE OF FUTURE MEETINGS AND EVENTS: The following schedule of meetings and events was presented. - A. CRANDON PARK MASTER PLAN MEETING WEDNESDAY,'-FEBRUARY10, 1993, 1:30 P.M. VILLAGE OFFICE, 85 WEST MCINTYRE STREET B. SPECIAL LOCAL PLANNING AGENCY MEETING (L.P.A.) THURSDAY, FEBRUARY 11, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C HEALTH AND FITNESS EXPO SATURDAY, FEBRUARY 13, 1993, 10:00 A.M. CALUSA PARK D. LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, FEBRUARY' 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR E. SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR F. LOCAL PLANNING AGENCY PUBLIC FORUM (L.P.A.) SATURDAY, FEBRUARY 27. 1993, 9:00 A.M. KEY BISCAYNE ELEMENTARY, 150 WEST-MCINTYRE STREET G. HURRICANE AND: EMERGENCY MANAGEMENT COMMITTEE MEETING MONDAY, MARCH 1, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR H. SPECIAL LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY,. MARCH 2, 1993,, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR I. ANNUAL CONGRESSIONAL CITY CONFERENCE MARCH 5-9, 1993 WASHINGTON, D.C. J. VILLAGE COUNCIL MEETING TUESDAY, MARCH 9, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR K. KEY BISCAYNE ISLAND FESTIVAL MARCH 13-14, 1993 CRANDON BOULEVARD Page 6 of 7 February 9, 1993 LOCAL PLANNING AGENCY (L.P.A1 TUESDAY, MARCH 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR 14. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. Approved this 2;4 day of -vs 1993. Villa Clerk 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, HE/SHE 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 1 MINUTES SPECIAL MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 23, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE:STREET, 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried (arrived at 7:20 p.m.), Mike. Hill, Joe Rasco, Betty Sime, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Absent was Councilman Raymond Sullivan. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Police Chief Michael Flaherty, Finance Director Jack Neustadt, Community Development Director Robin Sobnno, and Recreation Director Laurie Tessler. 2. INVOCATION: The invocation was given by Monsignor William McKeever of St. Agnes Catholic Church. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL. OF MINUTES: Councilman Rasco made a motion to approve the minutes -of the special meeting of February 4, 1993, as submitted, and of the°regular meeting of February 9, 1993, as submitted. The motion was seconded by Mayor Conte and adopted by a unanimous voice; vote. The'vote was as follows:' Councilmembers Hill, Rasco, Sime, Vice.Mayor Brody, and Mayor Conte voting Yes. 5. AGENDA: There were no changes to the agenda. 6. PUBLIC COMMENTS: Mayor Conte opened the floor for comments from the public. Greg Han, 685 Curtisswood Drive, asked the Council to review the Master -Plan Consultant's contract. Bill Ofgant, 512. Fernwood Drive, addressed the issue of the Master Plan. John Festa, 695 Harbor Lane, recommended that the Building Division computerize their records. Doran Jason, 3971 Douglas Road, Miami, a candidate for the county commission,`, introduced himself to the Council and residents. Page -1 of.6 February 23, 1993 7. ORDINANCES: The``following"-ordinance was discussed on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE AMENDING THE CODE OF ORDINANCES BY ADDING A. CHAPTER ENTITLED "SIGNS"; PROVIDING FOR THE PURPOSE OF THE ORDINANCE; PROVIDING DEFINITIONS; SETTING FORTH PROHIBITED SIGNS; SETTING FORTH REQUIRED SIGNS; PROVIDING FOR THOSE SIGNS THAT MAY BE ERECTED, WITHOUT PERMIT; _PROVIDING <FOR REGULATIONS FOR: PERMANENT SIGNS IN RESIDENTIAL DISTRICTS; PROVIDING FOR REGULATIONS FOR PERMANENT SIGNS. IN NON-RESIDENTIAL DISTRICTS;. PROVIDING FOR°TEMPORARY:-SIGNS; PROVIDING FOR SUPPLEMENTAL SIGN. REGULATIONS;,PROVIDING;A PROCEDURE FOR OBTAINING SIGN .'PERMITS;=PROVIDING.FORtAMORTIZATION OF LEGAL NON -CONFORMING SIGNS;:PROVIDING` FORSBIGN•`MAINTENANCE; PROVIDING A PROCEDURE`, FOR' THE REMOVALa OF,'IMPROPER SIGNS; PROVIDING .FOR THE REPEAL. OFw, CONFIxTrTING;:PROVISIONS;„ PROVIDING FOR SEVERABILITY, INCLUSION IN'THE CODE ANDEAN EFFECTIVE DATE. Mayor Conte read the ordinance } y title and opened the public hearing. "Xp', m 1.4 Gary Winstel, 10846 Charleston Road, Cooper. City, representing the owner of the office building at 240 Crandon Boulevard,spoke in opposition to provisions of the ordinance. Clerk Inguanzo read a letter from Christian Sager, 240 Crandon Boulevard, of the Pankey institute, ' who was opposedto the ordinance. Councilman Hill stated that some of Mr. Sager's concerns should be addressed-prior:to second reading.` Greg Han, 685 Curtisswood Drive, spoke in favor of the ordinance. After discussion by the Council, Councilman Fried made a motion to adopt the ordinance. The motion was seconded by Vice Mayor Brody.' Theimotion was. adopted by a unanimous roll':, call' vote_ The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. Clerk Inguanzo announced that the second readingof the ordinance will be March 9, 1993. 8. BUILDING AND ZONING: There were no Building & Zoning items discussed. Page 2 of 6 February 23, 1993 9. REPORTS AND RECOMMENDATIONS: 9-A. VILLAGE ATTORNEY: Attorney Weiss gave brief reports on the seaquarium litigation and the Calusa Park lease. Councilman Sine asked the attorney to contact the county regarding the traffic light on the causeway at Bear Cut. 9-B. VILLAGE CLERK ` Clerk Inguanzo informed the Council that a petition has been filed by a petitioner's committee for the purpose of amending the Village Charter regarding the Metro -Dade Fire and Rescue District. Councilman Hill made a motion designating the Metro -Dade Elections Department Director as the individual responsible for certifying the petition as to its sufficiency. The motion was, seconded by Councilman Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. 9-C. VILLAGE MANAGER: Manager Kissinger submitted the following reports. Manager Kissinger recognized Chief Flaherty who introduced the newly hired members of the Police Department. Chief Flaherty also provided a brief departmental report and invited the Council and residents to the swearing -in ceremony on February 27, 1993. The manager recognized William O'leary, the Village's Landscape Architect, who made a presentation on the Comprehensive Tree :Planting Program. The Council discussed the presentation. Michelle Padovan, 425 GrapetreeDrive, asked that the Village remove dead palm trees, from the Crandon Boulevard median. Manager Kissinger recognized Wendy Crowder, the Village's Stormwater Utility Consultant, who made a presentation regarding his two, proposals. Lorraine Sonnabend, 330 Pacific Road, discussed the current catch -basin installation project. Conchita Suarez, 201 Crandon Boulevard, discussed the Key Colony area. John Festa, 695 Harbor Lane, questioned, the differences in the proposals. After discussion by the Council, Councilman Rasco made a motion to adopt Proposal B, dated February 9, 1993, subject -to final negotiations of the village Manager. Councilman Sime seconded the motion which was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. Page 3 of 6 February 27, 1993 The manager also briefly discussed the stormwater ordinance. After discussion, the manager was instructed to prepare a financial analysis based on a one to one-half unit plan. The manager and Carlos Penin, Village Engineer, discussed swale regulations. Councilman Hill requested that a survey of neighborhoods be concluded prior to the installation of a drainage system, John Festa, 695 Harbor Lane, addressed the Council, regarding this matter. Greg Han, 685 Curtisswood Drive, also addressed the Council regarding this matter. The Council further discussed the issue. Manager Kissinger discussed renovation of play -fields at the elementary school. Councilman Basco` made a motion to authorize a study to renovate play -fields at the Key Biscayne Elementary School, as per the request`of the Key Biscayne Athletic Association. The motion was seconded by Councilman Sian and adopted by a unanimous voice vote. The vote was. as follows: Councilmembers Fried, Hill, Rasco, Sime,'Vice Mayor Brody, and Mayor Conte voting Yes.` The Council also concurred that Councilman Fried would send a letter to the Dade County School Board informing them' of the trash and debris problem on school grounds. Vice Mayor Brodymade a motion to award a contract to Barry Howe in the amount of $4,575.00 to provide 10,000 post card sets and waive the competitive bid requirements due to the specialized degree of the project. Councilman Rasco seconded the motion which was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Basco, Sine, Vice Mayor Brody, and Mayor Conte voting Yes. Village Engineer Penin made a presentation regarding a re- construction plan for the West Mashta Island Causeway. The manager and engineer were asked to further study the matter and return to the Council at a later date. Vice Mayor Brody made a motion to authorize the Village Manager to enter into a contract with Dodd Printers, Hialeah, Florida, for printing and mailing of the Village newsletter at a cost of $2,357.00 per printing, per issue. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime,' Vice, Mayor Brody, and Mayor Conte voting Yes. The manager reported that the beaches along the hotels remain clean. Page 4 of 6 February 23, 1993 The following reports were provided for informational purposes and were not discussed: Coastal Sewage Contamination Report; Calusa Park Tennis Court Reconstruction Proposal; L'Esplanade; and Grant Proposals. Manager Kissinger reported that a report on the Fire Department will be available by the end of March. The manager made a presentation to the Council regarding amending Chief Flaherty's contract. The proposed amendment to the contract included a $12,000 yearly housing allowance. Vice Mayor Brody made a motion authorizing the Village Manager to -enter into a contract with the Police Chief, seconded by Councilman Fried. The motion was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Rasco voted No. The Council further discussed the matter. 9-D. MAYOR AND COUNCILMEMBERS Councilman Sime briefly discussed the format for the Citizens' Forum on February 27, 1993. 10. RESOLUTIONS: The Council discussed the following resolution: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; INDICATING OFFICIAL INTENT OF THE COUNCIL TO ISSUE TAX-EXEMPT BONDS TO FINANCE THE COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF STORMWATER DRAINAGE FACILITIES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF; AND PROVIDING AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Sime. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. 11. COMMITTEE REPORTS: Councilman Rasco, chairman of the Village's Insurance Committee, made a presentation on the work of the committee. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. Page 5 of 6 7 February 23, 1993 13 SCHEDULE OF FUTURE MEETINGS: The following schedule was presented. A. LOCAL PLANNING AGENCY PUBLIC FORUM (1,.P. A.) SATURDAY, FEBRUARY 27, 1993, 9:00 A.M. KEY BISCAYNE ELEMENTARY, 150 WEST MCINTYRE STREW B. HURRICANE AND EMERGENCY MANAGEMENT COMMITTEE MEETING MONDAY, MARCH 1, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C. SPECIAL LOCAL PLANNING: AGENCY MEETING (C.P.A.) TUESDAY, MARCH 2, 1993, 7:00 P.m. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR D VILLAGE COUNCIL MEETING. TUESDAY, MARCH 9,'1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR 14. SCHEDULE OF FUTURE EVENTS: The following schedule was presented. A. ANNUAL CONGRESSIONAL CITY CONFERENCE MARCH 5-9, 1993 WASHINGTON, D.C. B. KEY BISCAYNE ISLAND FESTIVAL MARCH 13-14, 1993 CRANDON BOULEVARD C. FLORIDA MARLINS/KEY BISCAYNE DAY APRIL 21, 1993 JOE ROBBIE STADIUM ii 15. Appro d this 7 rK day of Villa lerk' Mayor ADJOURNMENT: The meeting was adjourned at 10:15'p. /P C�/l tuft , 1993 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE 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 6 of 6 MINUTES LOCAL PLANNING AGENCY WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA SATURDAY, FEBRUARY 27, 1993 KEY BISCAYNE ELEMENTARY SCHOOL 150 WEST MCINTYRE STREET Mayor Conte welcomed residents of Key Biscayne to the citizens' forum, on the Village's'Master Plan. Chairman Sime also welcomed the participants and called the workshop to order at 9:00 a.m. Present were members Clifford Brody, Rafael Conte, Mortimer Fried, Raymond Sullivan, Vice Chairman Joe- Rasco, and Chairman Betty Sime. Absent was Member Mike Hill. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Steve Helfman, Community Development Director Robin Sobrino, and Master Plan Consultant Robert Swarthout. Chairman Sime madea brief presentation regarding the format of the workshop. Master Plan Consultant Swarthout made a presentation regarding the preliminary urban design Master Plan. Chairman Sime opened the floor for questions and statements from the public. -John Rosser,. 300 Ridgewood Lane, discussed options regarding the acquisition of land for a new elementary or middle school. He also discussed the Rebozo tract and its potential future land use. Greg Han, 685 Curtisswood Drive, asked a question regarding how the community can improve the school facilities and its playing fields. .Judy Reinach, 365 Harbor Lane, stated that Key Biscayne has donated funds to the school board for the purpose of maintaining the elementary school as a community school. Allen Downey, P.O. Box 22, asked a question regarding access to the beach. Servando Parapar, 240 Cypress Drive, discussed the Crandon/Harbor traffic loop, the use of a circle to regulate traffic and remedies for pedestrian and bicycle traffic. Craig Henry, 40 Island Drive, discussed the,_purchase of the Rebozo tract. Page 1 of 5 February 27, 1993 Gladys Vandenberg, 524 Woodcrest Road, asked a question regarding parking solutions at the elementary school. Michael Kahn, 881 Ocean Drive, spoke on re -opening Ocean Drive. Ramon Herrera, 310 Fernwood Road, briefly discussed bay access, bicycle paths and traffic on Fernwood_ Henny Groschel Becker, 290 West McShta Drive, spoke on' the two D.R.I. properties on the island and how that development will impact the Village. Harold Wernick, implementing the Mary Wills, 210 village Center." 1111 Crandon Boulevard, asked about the costof ideas 'discussed'during the master plan process, Seaview Drive, discussed the importance of a Mike Wolfe, 600 Grapetree Drive, asked about the process of requiring property owner's to comply with elements of the Master Plan. Marie Kirk, 201 Crandon Boulevard, stated her concerns about the cost of implementing the plan: John Festa, 695 Harbor Lane, discussed beach access for residents of the Village. Joanne Young, 600 Harbor Drive, discussed the re -opening of East Drive and Ocean Drive. Gina Hubler, 301 Sunrise Drive, asked for clarification on the proposal for replacing the current commercial area at the entrance of the Village with a new commercial development. Pam Kirkpatrick, 628 Fernwood Road, stated her concerns regarding Fernwood Road as well as establishing an aesthetic and architectural theme for construction on the Village. Gene Stearns, 180 Cape Florida Drive, discussed his concerns about the redevelopment of the commercial area at the entrance of the village. Jim Haney, 472 Glenridge<Road, stated the need for playing fields. Chris Sager, 335 Harbor Drive, asked about the use of electric vehicles by residents to decrease the use of automotive traffic. Page 2 of 5 February 27, 1993 Roni Frieman, 490 Bay Lane, discussed the bay access issue. Pat Siro, 605 Ocean Drive, stated her concerns about the redevelopment of the Harbor Plaza. Mary Schulman, 1121 Crandon Boulevard, discussed the concept of.a Village Center. Conchita Suarez, 201 Crandon Boulevard, discussedthe bay/beach access. Ed Meyer, 100 Sunrise Drive, asked about the potential locations for police and fire facilities. Bernard Parker, 881 Ocean Drive, asked about short term plans for the Village. Dorothea Bailey, 338 West Heather Drive, discussed speeding traffic on the island. Michele Padovan, 425 Grapetree Drive, asked about establishing a main bus stop. Guy Smith, 701 Fernwood Road, presented a video regarding noise problems on Fernwood from the commercial development. Bonnie Cooper, 77 Crandon Boulevard, discussed the need for playing fields. "-.'Raul Alvarez, 710 Ridgewood Road, discussed the Crandon/Harbor/Mashta traffic corridor. He also discussed the re- establishment of a bird sanctuary on Key Biscayne. Master: Plan Consultant Swarthout, Steve Pitkin, of Robert Scaarthout; Inc., and Pete Fernandez, traffic consultant with Robert Swarthout, Inc., answered the above questions as well as made additional comments. Chairman Sime invited residents present to participate in one of the four focus groups organized for the workshop. The focus groups met as follows. Residential Land Use (Cafeteria); Motorized and Non -motorized Circulation (Room 108); Future Public Spaces (Cafeteria); and Commercial Land Use and Village Entrance (Library). Chairman Sine called the general session of the forum back to order at 1:00 p.m. Page 3 of 5. February 27, 1993 George Mantillas -'465' GlenridgeRoad, moderator of the Residential Land Use focus group made a presentation of the group's discussion. =`The group discussed fence heights, stilt homes:versus land -filled homes, greenspaces, height restrictions, neighborhood ,themes and identity, parking, density, and mixed use of residential and office facilities. Participants of this group included: Pam Kirkpatrick, 628 Fernwood "'load;1- 'Gary Bressler, 652 TFernWood Road; "Daphne.>Padilia, 745 Curtisswood Drive; Ana Greeven, 298 West McIntyre Street; Lilibet Warner, 320 West Enid Drive; Gladys Vandenberg, 524 Woodcrest Road; ` na'Castro, 335 Hampton Lane:; Julie Alvarez', 22,5` Cranwood Drive; Cecile Sanchez, .260 Cypress Drive; Raul Alvarez, ;710'Rdgewo`od Drive; Deborah DeLeon, 250 Galen Drive; Joann Young, 600 Harbor 'Drive; Mabel Betancourt,+ 260 "Sunrise, Drive;''Marion Murphy; x'00 Galen Drive; and Eric Nesse,' 75'0 Ocean Lane Drive, Community Development Director Sobrino served as the recording secretary of this group. a< George Warner, 320 West Enid Drive, moderator of the Motorized and Non. -motorized Circulationfocus group, presented the consensus of the focus group. This group discussed safety of pedestrians and bicyclist, re-establishment of bike paths to Calusa Park, creation of West Mashta Drive/Harbor Drive/Crandon Boulevard traffic loop, establishment 'of, Village -wide twenty-five mile per hour speed limit, off-street parking, re -opening of Ocean Drive, and use of electric vehicles on the island..' Participants of this group included: Pete Fernandez, 5310 Northwest 33 Avenue, Fort Lauderdale; Denise Naar, 575 Crandon Boulevard; Nancy Maley, 605 Ocean Drive; Donita Enright, 609 Ocean Drive; Beth Read, 784 Glenridge Drive; Craig Henry, 40 Island Drive; Michael Kahn, 881 Ocean Drive; Lee Duncombe, 798 Fernwood Road; Greg Han, 685 Curtisswood Drive; Michele Padovan, 425 Grapetree Drive; Greg Willis, 151 East Enid Drive Raul Llorente, 345 Cypress Drive; and Sally Brody, 180 Harbor Drive Village Clerk Inguanzo served as the recording secretary of this group. Debbie Neve, 180 Harbor- Drive, moderator of the Future Public Spaces focus group, made a presentation on that group's discussion. The group's discussion included establishment of playing fields at Calusa Park, use of the elementary school property, a village center, neighborhood parks,, and bay and beach public access. Participants of this group included: Joyce and Jerry Kaiser, 605 Ocean Drive; Conchita Suarez, 201 Crandon Boulevard; Baudilio Ruiz, 165 Woodcrest Lane Robert Graboski, 1464 Urbino Avenue, Coral Gables; Ramon Herrera, 310 Fernwood Road; Mary Schulman, 1121 Page 4'of 5 February 27, 1993 Crandon Boulevard; Jan Read, 784 Glenridge Road; Rita Greenberg, 1121 Crandon Boulevard; Bonnie Cooper, 77 Crandon Boulevard; Jim Haney, 472 Glenridge Road; Judy Wenscott, 290 Sunrise Drive; Sergio Mendoza; 761 Ridgewood Road; Joan Blank, 600 Grapetree Drive; and Marie Kirk, 201 Crandon Boulevard. Recreation Director Laurie Tessler served as the recording secretary of this group. Henny Groschel Becker, 290 West Mashta Drive, moderator of the Commercial Land Use and Village Entrance focus group, made a presentation. The group discussed the concept of a village center, the commercial corridor along Crandon Boulevard, mixed use of residential and office facilities, and pedestrian access between conuuercial areas. Participants of this group included: Denny Naar, 575 Crandon Boulevard; Mary Wills, 210 Seaview Drive; Gina Coleman, 201 Crandon Boulevard; Patricia Pomaur, 270 Woodcrest Drive; Jamie Kirkpatrick, 628 Fernwood Drive; Gina Hubler, 301 Sunrise Drive; Pat Heath, 200 Ocean Lane Drive; Catherine Pia, 605 Ocean Drive; and Alberto and Maria de la Cruz, 151 Island Drive. Village Manager Kissinger served as the recording secretary of this group. Chairman Sime thanked residents of the Village for their participation. The meeting was adjourned at 2:45 p.m. Approved this day of , 1993. Village Clerk Chairman IF A PERSOZT'DECIDES TO APPEAL ANY DECISION MADE BY THE LOCAL PLANNING AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, BE WILL NEED A RECORD OF THE PRO!'RWnINGS 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 APPEAL IS TO BE BASED. Page 5 of 5 MINUTES MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 9, 1993 KEY BISCAYNE PRESBYTERIAN CHURCH FELLOWSHIP HALL 160 HARBOR DRIVE 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:30 p.m. Present were Councilmembers Mortimer Fried, Mike Hill, Joe Rasco, Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Police Chief Michael Flaherty, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: Reverend Pat`Arnold, of the Key Biscayne Presbyterian Church, gave the invocation. 3. PLEDGE OF -ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: Vice Mayor Brody offered corrections to the minutes of February 23, 1993. Vice Mayor Brody made a motion to adopt the amended minutes, seconded by Mayor Conte. The minutes, as amended, were adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 5. AGENDA: -Councilman Rasco made a motion to hear items 8-D-2, 9-A and 9-B at the beginning of the meeting. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Hill withdrew the 8-D-2 so that discussion of the resolutions'dealing with the fire and rescue issue could proceed. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY 'BISCAYNE, FLORIDA; CALLING A SPECIAL ELECTION AS A RESULT OF A PETITION BY THE ELECTORS OF THE VILLAGE; PROPOSING AN AMENDMENT TO THE VILLAGE CHARTER REQUIRING THAT THE VILLAGE REMAIN WITHIN THE METRO-DADE FIRE AND RESCUE SERVICE DISTRICT UNTIL A FURTHER CHARTER AMENDMENT AUTHORIZES WITHDRAWAL FROM THE DISTRICT; PROVIDING THAT THE ELECTIONS SHALL BE HELD ON I; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 8 March 9, 1993 Clerk Inguanzo stated that the Council would be required, pursuant to the Village Charter, to call for a special election between April 26, 1993 and June,24, 1993. Attorney Weiss stated that the only discretionary aspect of the resolution was the date for the election, Councilman. SimesuggestedApril 27, 1993 as the date for the election. Vice Mayor Brody made a motion to adopt the resolution with an April 27, 1993, election date. The motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following resolution by title:; A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PURSUANT TO SECTION 18-29 OF THE CODE OF METROPOLITAN DADE COUNTY NOTIFYING METROPOLITAN DADE COUNTY THAT TT WISHES TO EXERCISE THE OPTION TO PROVIDE AN ALTERNATE MEANS OF DELIVERING FIRE AND RESCUE SERVICES WITHIN THE VILLAGE OF KEY BISCAYNE EFFECTIVE OCTOBER 1, 1993,; PROVIDING FOR TRANSMISSION' AND AN EFFECTIVE DATE. The following citizens addressed the Council in opposition to the resolution:, Edward Slavins, 301 Palmwood Lane, Alma Trapolini, 650 Ocean Drive; John Fiesta, 695 Harbor Lane; Chief David Paulison, Director of the Metro -Dade Fire and Rescue Service District; Joan Vernon, 100' Island Drive; Conchita Suarez, 201 Crandon Boulevard; Marie Kirk, 201 Crandon Boulevard, Jim Doyle, 259 Buttonwood Drive; Camille Guething, 260 Seaview Drive; Mary Schulman, 1121 Crandon Boulevard; and Jim Haney, 472 Glenrdge Road. The following residents spoke in support of the resolution: Alfred Gilman, 181 Crandon Boulevard; Sally Brody, 180 Harbor Drive; Gene Stearns, 180 Cape Florida Drive; Gary Gross, 211 Island Drive; Greg Han, 685 Curtisswood Drive; Dick Henderson, 276 Westwood Drive; Jim Brewster, 500 North Mashta Drive; Scott Miller, 620 North Mashta Drive; and Michael Kahn, 881 Ocean Drive. Manager Kissinger submitted his report on the establishment of a Village fire department. The manager showed a video tape of the Metro -Dade County Commission meeting of March 2, 1993, at which the commissioners adopted an ordinance amending the Fire and Rescue Service District ordinance making it difficult for municipalities to opt out of the district. The manager recommended that the Village opt of the Metro -Dade Fire and Rescue Service District. Page 2 of 8 \.2s March 9, 1993 Councilman' Sine clarified that because of the county's decision to amend their fire district ordinance, the Village's option to opt out in the future has been severely limited. Councilman Fried stated that the action of the county commission mandated that the Village act on this matter at the present time. He made a motion that the Village adopt the resolution, seconded by Vice Mayor Brody. Vice Mayor Brody stated that the county's action will make it very difficult for municipalities to opt -out of the district because of the 50% vote provision in the ordinance. Councilman Hill asked the attorney what happens if the Village opts out of the district and the referendum, on the April 27th ballot, pursuant to Resolution 93-7, is adopted by the electors of Key Biscayne. Attorney Weiss stated that,. if the referendum passes, the Village Council will have to do everything possible to reverse its action and return to the district. uncilman Rasco-asked the manager to explain how savings will result if the Village opts out of the district. The manager responded that there will be a savings of about $800,000 in the first year, $1,000,000 in the second year and $1,500,000 to $2,000,000 in the third year. Councilman Sullivan' -'stated his support for opting out of the district based on the county's action. The Fried motion was adopted by a 6 - l roll call vote. The vote was as follows Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Hill voted No. 6. ORDINANCES: Mayor Conte read the following ordinance, on first reading, by title: < AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA REQUIRING THAT SOLICITORS OBTAIN A PERMIT PRIOR TO DOING BUSINESS IN THE VILLAGE; PROVIDING DEFINITIONS; PROVIDING AN APPLICATION PROCEDURE; PROVIDING THAT APPLICANTS FOR A PERMIT UNDERGO A BACKGROUND CHECK;. PROVIDING FOR ISSUANCE OR DENIAL OF PERMITS FOLLOWING BACKGROUND CHECK; PROVIDING FOR DURATION; RENEWAL; NON -TRANSFERABILITY OF PERMITS; SPECIFYING PROHIBITED CONDUCT; PROVIDING FOR REVOCATION, PROVIDING PENALTIES FOR VIOLATION; PROVIDING REQUIREMENTS FOR INSURANCE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 3 of 8 1 March 9, 1993 Alma Trapolini, 650 Ocean Drive, spoke in support of a local car washer who was denied a certificate of use by the Village.' Gary. Gross, 211 Island Drive, also spoka in favor of the washer.. John Festa, 695 Harbor Lane, asked about the effects of the ordinance on not -for-profit groups. Councilman Hill made a motion toadopt the ordinance on first reading. Due to a lack of a second, the motion died.` Councilman Fried .expressed his concerns about charitable organizations being regulated by the ordinance. Councilman Rasco expressed his concerns about the ordinance. Councilman Sullivan- also expressed his concerns. Vice Mayor Brody asked if the ordinance is needed to prevent transitory vendors. Community Development Director Sobrino stated that the current zoning' code addresses that issue. Councilman Rasco made a motion to withdraw the ordinance from further consideration, seconded by Councilman Sime. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Siide, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes.' Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE AMENDING THE CODE OF ORDINANCES BY ADDING A CHAPTER ENTITLED "SIGNS"; PROVIDING FOR THE PURPOSE OF THE ORDINANCE; PROVIDING DEFINITIONS; SETTING;: FORTH PROHIBITED SIGNS; SETTING FORTH REQUIRED SIGNS; PROVIDING FOR THOSE SIGNS THAT MAY BE ERECTED WITHOUT PERMIT; PROVIDING FOR -REGULATIONS FOR PERMANENT SIGNS IN RESIDENTIAL DISTRICTS; PROVIDING FOR PERMANENT SIGNS IN NON-RESIDENTIAL DISTRICTS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL SIGN REGULATIONS; PROVIDING FOR A PROCEDURE FOR OBTAINING, SIGN PERMITS; PROVIDING FOR AMORTIZATION OF LEGAL NON -CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF IMPROPER SIGNS; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Conte opened the public hearing. Conchita Suarez, 201 Crandon Boulevard, urged passage of the ordinance. Pauline Rivelli, 550 Ocean Drive, requested that the ordinance be deferred for thirty days. Greg Han, 685 Curtisswood Drive, asked if banners by citizen groups would still be permitted. Chris Sager, 335 Harbor Drive, asked that the Council consider deferring passage of the ordinance to give merchants the opportunity to review it further. Page 4 of 8 March 9, 1993 Councilman Sime asked about advertising requirements if the ordinance is deferred. Attorney Weiss stated that, if: the Council. defers consideration of the ordinance, it would have to be re advertised. Councilman Hill asked if the ordinance provides a procedure. for variances. The attorney said there was a variance procedure. Councilman Rasco made a motion to defer the ordinance for thirty days. Due to a lack of a second, the motion died. councilman Sullivan stated that_ the ordinance was discussed. extensively at Local Planning Agency meetings and at.,previous Council meetings. Councilman Sime stated that every opportunity was provided -to the Chamber of .Commerce to discuss the ordinance. Attorney Weiss suggested an effective date-thirty,days,from the meeting date to give the Chamber of Commerce, time to review the ordinance. Councilman Sullivan stated that there should be an immediate effective date and made a motion to adopt the ordinance on second reading, seconded by Vice Mayor Brody. Councilman Rasco recommending amending the ordinance as follows: Section 3 (g) to permit two flag poles per building and Section 3 (h) to permit neon building trim. The amendment died due to a lack of a second. Vice Mayor Brody made a motion to amend Section 5 (c) by deleting the word "on -site". The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Hill made a motion to amend Section 8 (b) to permit two forty;, square inch signs. The motion was seconded by Councilman Sime and, adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The Sullivan motion to adopt the amended ordinance was adopted by a 5 - 1 - 1 roll call vote. The vote was as follows: Councilmembers Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Rasco voted No. Councilman Fried abstained due to a conflict of interest. Page 5 of 8 March 9, 1993 7. BUILDING AND ZONING: Hearing Number 93-3-KBT-1. The applicant, Rosemary Miller, 220 Buttonwood Drive, requested a non use variance of setback requirements to permit a proposed 262.5. square foot studio room addition to an existing single family residence to set back 12.5 feet, 25 feet required, from the front property line and to setback 7.07 feet, 7.5 feet required, from the interior side property line. Community Development Director Sobrino stated her recommendation for denial. Jerome Filer, 7438 Southwest 48 Street, spoke on behalf of the applicant. James Taintor, 355 Harbor Drive, questioned whether the home meets the flood criteria. There was brief discussion by the Council. Vice Mayor made a motion to accept" staff's "'recommendation and to deny without prejudice, seconded by Councilman Fried and adopted by a unanimous voice vote. The, vote was as follows:` Councilnembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brady, an&Mayor Conte voting Yes. . REPORTS AND RECOMMENDATIONS: 8-A. VILLAGE ATTORNEY: Attorney Weiss had no reports. B -B. VILLAGE. CLERK: Clerk Inguanzo submitted a report on the proposed sound system for the Council Chamber. 8-C. VILLAGE MANAGER. Manager Kissinger submitted the following reports. Manager Kissinger withdrew an item regarding the county's plan to landscape Crandon Boulevard from Bear Cut to the Village entrance. The manager deferred discussion of stormwater utility related items until the next meeting. At the manager's request, Councilman Hill made a motion to authorize the Village Engineer to proceed with swale study in accordance with the submitted proposal. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, 'Hill, '-Rasco, Sime,' Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Manager Kissinger discussed beach cleaning. Michelle Padovan, 425 Grapetree Drive, addressed the Council regarding this matter. The manager withdrew an item regarding reconstruction plans for the West Mashta Drive Causeway. Page 6 of 8 March 9, 1993 Attorney Weiss and Manager Kissinger discussed the closing of the Metro -Dade Solid Waste Management neighborhood trash and recycling center on Key, Biscayne. Councilman Rasco stressed the importance of resolving -,this matter. Councilman Sullivan stated that the county had agreed to provide a station within a half mile of the Village limits. The manager withdrew discussion of an item regarding conversion of overhead electric distribution facilities. The manager submitted, a proposal for a residential re -zoning plan. The manager withdrew discussion of an item relating to storage space for the Village. Manager Kissinger submitted informational reports on the following: the 19'91-1992 Comprehensive Annual Financial Report; the monthly financial statement; letter from Richard Weiss regarding the post office; letter from Metro -Dade regarding assessed property values on Key Biscayne; letter; from Metro -Dade regarding the traffic signal on Crandon and Harbor; information on the 1993 Florida City and County Management Association's Annual Conference; letter from a,- residentregarding aircraft noise; update on grants; departmental reports; county action on the Crandon median; and execution of a contract for preliminary engineering for Crandon Boulevard. 8-D. MAYOR AND COUNCIL: Councilman Sime stated that the Local Planning Agency will be meeting on March 16, 1993. Councilman 'Sime also expressed her concern that the county activated a traffic light on the causeway, at Bear Cut, despite an agreement with the Village and without notification. The Council directed the attorney to contact the county regarding this issue and that he request that the Village be notified in the future. 9. RESOLUT/ON: Mayor Conte read the following resolution by title: A- RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENCOURAGING THE ENACTMENT OF A PROPOSED AMENDMENT TO THE FLORIDA CONSTITUTION BANNING GILL NETTING OF MARINE SPECIES IN STATE WATERS AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the resolution, seconded by Councilman Fried. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Chairman Brody, and Mayor Conte voting Yes. Page 7 of 8 March. 9, 1993 Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY.'BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO DIRECT, O'LEARY`;DESIGN ASSOCIATES TO PREPARE PLANS, SPECIFICATIONS. AND CONDUCT ANY AND ALL ENGINEERING SERVICES TO INPLENENT» THE REIMBURSEMENT GRANT FOR CRANDON BOULEVARD, AND PROVIDING FOR. AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the resolution, seconded by Councilman Fried. The motion was adopted by a unanimous voice vote. The vote was- as follows: Councilinembers:.Fried, Hill; Rasco, Sims, Sullivan, Vice Mayor Brody, and Mayor Conte voting 10. COMMITTEE REPORTS: There were no committee reports submitted. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS: A schedule of.€uture meetings was presented to the Council. 13. SCHEDULE OF FUTURE EVENTS:. A schedule of future events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 11:10 p.m. this Z3rJ day Mayor , 1993 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR .HEARING, HE WILL NEED A RECORD, OF THE PROCEEDINGS AND, POR."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 8 of 8 558 223 MCP 1.1 '93 '10'23 AS! NAME FIRST NAME .M.11d)1.£ N.AMI: Friedk Mortirn.er aiAli.th(I AtrbRESS FI T COUNTY FORM 88 MEMORANDUM OF VOTINGCONFLICTFOIr COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME IoARU.MU NCH- C'OMMLNSION,AVTHORi1'Y, OR COMMITTEE Kev Biscayne village Council 1 I!K at)AIzU ton INCH .1'tIMMi4N6)N. AI11 4OIII1Y OR ctMMI'J'IS'P !1N MUM NYt l xitttvr ISA UNIT OF; 4 SI CUY 11 sUVNIY 7 OIU Litt LOCAL AGENCY ISAI E ON W11i('ti WIPE OCCURRED March 9, 1993 NAM!'. OF1'0l INf,Ai: Sunravis st 4 vit'ageoi Key aiscayae, Florida MY POSi1;GN 16; 1';1 urn v;: vG C ,I' Pnrwr'Ivit WHO MUST FILE FORM 83 This form h for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes, Your responsibilities under the law when faced with a measure in which you hAve a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, phase pay close attention to the insn•octions on this feint before completing the recent side and filing }he foal:, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES h person holding elective or appointive county, munieipat, or Other IOW public obis MUST ABSTAIN from voting on A measure `:which inures so hie special private gain. a teh ckctcd er eppuinteu :oral officer also is prohibited from knowingly voting on a .treasure ;.which inures to the special gain of a principal (other than ;s government agency) by whom he is retained (including the parent ..,,,,.ni;ation or subsidiary of a corporate principal by which he ie retained): to the special private gain of a relative; ur to the special 1 private gain of a business associate. C:ommissiooers of community redevelopment agencies under Sec. 163,356 or 163,357, FS:, and of ii err of independent special tax districts elected on a n0e acre, one -vote bass are not prohibited from voting in that capacity. 1 ienr purposes of this law, a "relative" includes only the cnicer s lather, mother, svn, daughter, husband, wile, father-in-law. mother -in - Jaw, son-in-law, and daughter-in-law A "business associate" racing any porcm or entity cagaged in Cu carrying on a not:tress tntcrprisc with tht; off;ccr as a partner, ,loint venturer. c0otuner of property, Or eorpo)ate shareholder (where the shares of the Corporation are not listed an any national or regional stock exchange). &LECTED OFFICERS: in addition to abstaining from voting in the situations described above, ynu must disclose the conflict: PRIOR TO THE VOTE REIN() TAKEN by publicly suiting to the assembly the nature e1' your interest in the measure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER. THE VOTE Utt illi5 by completing and riling this form with the .person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I. APPOZNTi'3D OFFICERS: Although you mtist abstain :iom voting in Inc shoatipn5 described above, you olhefWise mat) participate in these matter's, However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made ny you or at: your direction. i? YOU INTEND TO MAKE ANY AT IEivIRrl`.'1'0 IN 1'I.UI ":C1:1IW 01{CISION 1'KIOR'l'0THE .MEF.T1NCi A'1' WMRt'M lliC VOTE WM. 13F. TAKEN; r You must complete and isle zhi8. form (before making any sOtempt to influence the decision) wish the petxon responsible for retarding the minutes of the meeting, who will incorporate the form in the minutes, '1 copy of the form must be provided immediately to the other memhelt tithe agency. he form must bo read publicly al the nee meting after:ho form is filed, F'r)RM se • tom PSOr 1 6E2 P02 MAP 11 '93 10'22 I IF VOL! MAKE NO ATTEMPT TO INFLUENCE TI?tl DECISION FXCF3PT UV DISCUSS • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 daysafter the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A cony of tht form mutt he provided immediately to the other `L members of the agency, and the form must be read publicly 81 the cast meetingafter the form is filed. N AT THE MEETING: //yy��;/�� ^fi1SCLOSURE OF LOCAL OFFICER'S INTEREST ), /',cLtf 4t*t �1 ' e7 hereby disclose that on c -A 19 (a) A medium tame or will come before my agency which (check one) 4 inuner to my special private gain; — inured to the specie! gain, of my business associate, .w inured to the epociai gain of my relative, _ inured to the special gain of , by whom 1 am retained: er — inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained mt. (b) The mantra before my agency and the nature of my conflictinginterestintheMart is as follows 'me ' --11, -4- ` cf-syC4...Gcrc± ,' � ✓sas�r�" t /f i l%/4(4 117 itorikfc 417 ,isse fi-scalca /2-74-c NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §i }12,317 (199)), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTE$ GROUNDS TOR AND-mAY 8E PU]N1sHtr) RY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OPHCE OR EMPLOYMkNr, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. CE.Fpght 08..1041 N OEe MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 23, 1993 COUNCIL CHAMBER 85. WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried, Michael Hill (arrived at 7:30), Joe Rasco, Betty Sine, Raymond -Sullivan (arrived at 7:10), and Mayor Rafael Conte. Vice Mayor Clifford Brody was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Police Chief Michael Flaherty, Finance Director Jack Neustadt, and Community Development Director Robin Sobrino. 2. INVOCATION: Monsignor William McKeever, of St. Agnes Catholic Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL' OF MINUTES: Councilman Fried made a motion to adopt the minutes of the meeting of March 9, 1993, as corrected, seconded by Councilman Rasco. The motion was adopted by a unanimous' voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, and Mayor Conte voting Yes. 5. AGENDA: There were no changes to the agenda. 6. PUBLIC COMMENTS: Ed Meyer, 100 Sunrise Drive, inquired about a public works department. He also discussed the selection of a new village seal. John Festa, 695 Harbor Lane, discussed the possibility of widening Harbor Drive between Crandon Boulevard and Fernwood Road. 7. ORDINANCES:' There were no ordinances considered by the Council. 8. BUILDING AND ZONING: The following items were considered by the Council. Page 1 of 6 T March 23, 1993 8-A. HEARING NUMBER: 93 -3 -VC -2: Jefferson National Bank, 606 Crandon Boulevard, requested modification of Resolution Z-29-92. Community Development Director Sobrino stated her recommendation for approval. Mayor Conte opened the public hearing. There were no speakers. Councilman Fried made a motion to approve the request, seconded by Councilman Rasco. The motion was adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Conte voting Yes. 8-B. HEARING NUMBER: 93 -3 -VC -3: Le Phare Key Biscayne Condominium Association, Incorporated, 789 Crandon Boulevard, requested a sign permit plan approval of a condominium development identification sign. Mayor Conte opened the public hearing.' There were no speakers. Community Development Director Sobrino made a recommendation for approval. Councilman Sullivan made a motion to,approve the request, seconded by Councilman Sime. The, motion was adopted by a unanimousvoice:. vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Conte voting Yes_ 9. REPORTS AND RECOMMENDATIONS: The following reports were submitted. 9-A. VILLAGE ATTORNEY: Attorney Weiss discussed the following: an update on the closing of the trash center; he is awaiting a response from the U.S. Post Office regarding the conditions of the post office at L'Esplanade the county will provide notification to the Village regarding_ any changes of the traffic lights on the causeway; the Calusa Park lease is expected to be signed soon, an update on the Crandon Park master plan, use of the tennis center at Crandon Park, by Village residents; and a proposed ordinance creating Village departments. 9-B. VILLAGE CLERK: Clerk Inguanzo reported on the preliminary draft of the Village Code. 9-C. VILLAGE MANAGER: The manager presented the following reports. Manager Kissinger introduced Ms. Carlotta Sanz, Landscape Architect for Metro -Dade Parks, who made a presentation regarding the re -vegetation of Crandon Boulevard from the Bear Cut bridge to the Village entrance. There was brief discussion by the Council. Page 2 of 6 March 23, 1993 At the request of the manager, Village Engineer Carlos Penin made a presentation regarding the stormwater utility. The Council briefly. discussed the proposed stormwater rate schedule. Ray Gonzalez, of C.A.P. Engineering, answered questions from the Council. Manager Kissinger stated that a final report will be submitted at the next. meeting. Councilman Fried made a motion to authorize the Village Manager to negotiate with Williams, Hatfield & Stoner for a stormwater master plan engineering contract. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Mayor Conte voting Yes. Discussion of an item relating to conversion of overhead electric distribution facilities to an underground configuration was withdrawn. The manager reported that he is still seeking additional space. for storage and meetings. At the request of the manager, Building Official Dan Nieda made a presentation regarding a new county ordinance mandating stricter code requirements for local building departments. He stated that there is opposition to some of the provisions of the ordinance by municipal officials. Councilman Rasco recommended that the Council.' consider a resolution opposing the adoption of the ordinance. Manager, Kissinger made a presentation regarding the proposed maintenance program for the Harbor Drive easement between St. Agnes Catholic Church and Harbor Plaza. The manager also stated that a sign welcoming, residents to Calusa Park will be posted. John Festa, 695Harbor Lane, requested that the manager study the possibility of widening Harbor Drive between Crandon Boulevard and Fernwood Road. The manager and Attorney Weiss presented an environmental report concluded on the Police Station located at 85 West Enid Drive. Discussed were the concerns raised by the report. There was brief discussion by the Council. The manager submitted a progress report on the proposed Village fire department. Councilman Hill stated his concern about the Village advertising for fire fighters prior to the special election on April 27, 1993. Councilman Sime stated that the Page 3 of 6 March 23, 1993 manager should proceed on this matter. Councilman Fried concurred that the manager should proceed on this issue as per the Council's motion on March 9, 1993. Councilman Sullivan stated that the manager should take every step necessary to have a department by October 1, 1993. Manager Kissinger presented an update on grant requests by the Village. To date, about $277,000 has been received by the Village. For informational purposes, the manager also submitted reports regarding a public workshop to be held on March 24, 1993 by the Department of Natural Resources, on the hurricane recovery plans for Cape Florida State Park, and a request for zoning review support staff. John Festa, 695 Harbor Lane, requested further information on the zoning support staff 9-D. MAYOR AND COUNCILMEMBERs: The following items were discussed. Councilman Sime submitted a Local Planning Agency report and schedule of future meetings. Conchita Suarez, 201 Crandon Boulevard, -inquired about the results of themaster plan survey. Jim Taintor, 355 Harbor Drive, asked about the agenda of the March 30th meeting. Councilman Sime also discussed,a planning tour, of other municipalities, by the Local Planning' Agency. Councilman Sullivan discussed solid waste fees and the'increase to Key Biscayne residents over the past five years. He requested that the Village review its options and that the manager prepare a report on establishing an alternative to the county's service. Councilman Rasco discussed the issue of abandoned properties in the Village.' He requested that the manager address this issue. Fernando Rodriguez,:385 woodcrest Road, spoke on the matter. There'was brief discussion by the Council. 10. RESOLUTIONS: The following resolutions were discussed. Mayor Conte read. the following resolution by title: Page 4 of 6 March 23, 1993 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A MONEY PURCHASE RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE VILLAGE TO SERVE AS TRUSTEE UNDER THE PLAN; PROVIDING. FOR THE VILLAGE TO INVEST FUNDS HELD UNDER THE PLAN IN THE ICMA RETIREMENT TRUST; DESIGNATING THE FINANCE DIRECTOR AS COORDINATOR OF THE PLAN; AUTHORIZING THE FINANCE DIRECTOR -TO -RECEIVE NECESSARY REPORTS, CAST REQUIRED VOTES UNDER THE -PLAN, DELEGATE ADMINISTRATIVE DUTIES RELATING TO THE PLAN, AND EXECUTE ALL NECESSARY AGREEMENTS WITH THE PLAN AND PROVIDING FOR .AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Sullivan. After brief discussionby the Council, the motion was adopted -by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Mayor Conte voting Yes. Mayor Conte 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 METROPOLITAN DADE COUNTY FOR POLICE MUTUAL AID; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Hill. After brief discussion, the motion was adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Mayor Conte voting Yes. 11. COMMITTEE REPORTS: Councilman Rasco, chairman of the Insurance Committee, submitted a list of recommendations adopted by that committee. Jim Taintor, vice chairman of the committee, urged the Council to adopt the recommendations. Councilman Rasco stated that the recommendations will placed for the Council's consideration at the next meeting. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. Page 5 of 6 March 23, 1993 13. SCHEDULE OF FUTURE MEETINGS: The following schedule was presented. A. VILLAGE COUNCIL TUESDAY, APRIL 13, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE'STREET, SECOND FLOOR B. LOCAL PLANNING AGENCY (L.P.A.) TUESDAY, APRIL 20, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C. LOCAL PLANNING AGENCY (L.P.A.) WORKSHOP SATURDAY, APRIL 24, 1993, 9:00 A.M. ELEMENTARY SCHOOL, 150 WEST MCINTYRE STREET C. VILLAGE COUNCIL. TUESDAY, APRIL 27, 1993„ 7:00 P.M. COUNCIL CHAMBER, 85' WEST MCINTYRE STREET, SECOND FLOOR 14. SCHEDULE OF FUTURE EVENTS: The following schedule was presented. A. YOUTH CIRCUS CAMP APRIL 5 - 9, 1993 KEY BISCAYNE ELEMENTARY SCHOOL B. SPRING EGG HUNT APRIL 10, 1993, 10:00 A.M. KEY BISCAYNE ELEMENTARY SCHOOL C. FLORIDA MARLINS/KEY BISCAYNE DAY APRIL 21., 1993 JOE ROBBIE STADIUM 15. ADJOURNMENT: The meeting was adjourned at 9:30 p• IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE 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 6 of 6 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 13, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. . CALL TO ORDER/ROLL CALL OF MEMBERS: Mayor Conte called the meeting to order at 7:00 p.m. Present were Councilmembers Mortimer Fried (arrived at 7:10), Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Absent were Councilmembers - Michael Hill and Joe Rasco. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Joseph " Serota Village Attorney Richard Weiss, Finance Director Jack Neustadt, Community Affairs Director Susan Gregorie, Community Development Director -Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an invocation. PLEDGEOF ALLEGIANCE: Mayor Conte led the Pledge. 4. MINUTES: The minutes of the meeting of March 23, 1993, were approved, as submitted, by unanimous consent. AGENDA: There were no changes to the agenda.. ORDINANCES: Mayor Conte read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the ordinance, on first reading, seconded by Councilman Sime. The motion was adopted by:a unanimous :voice. vote. The votewas as follows: Councilmembers Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 7. BUILDING AND ZONING: The Council considered Application 93-4- MCS-1, Key Biscayne Galeria, 328 Crandon Boulevard, requesting multi -tenant center sign graphics criteria approval. Community Development Director Sobrino stated, her recommendation for approval. Maria Larrea, 22 Sunrise Drive, representing Key Biscayne Galeria, made brief comments. After brief discussion, Page 1 of 6 April 13, 1993 Vice Mayor Brody made a motion toapprove the application pursuant to the requirements of the sign code, seconded by Councilman Fried. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Sine, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 8. REPORTS AND RECOMMENDATIONS: 8-A. Village Attorney: Attorney Weiss briefly discussed a report on beach ownership. Attorney Serota made a presentation regarding the on -going Seaquarium litigation. Councilman Fried stated that the Village Attorney should meet with Marine Exhibition Corporation to further pursue this matter and discuss a settlement. Councilman Sime made emotion authorizing the Village Attorney to pursue this matter and that Vice Mayor Brody serve as the representative of the Council during those meetings: The motion was seconded by Councilman Fried and adopted by a- unanimous voice vote.' The vote was as follows: Councilmembers'`Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Attorney Serota also discussed the Lipton litigation matter. Councilman Fried stated that pursuant to restrictions on the D.R.I. properties, the additional 30 acres at. Calusa Park should be.. considered a Village park. Vice Mayor Brody stated that the county is making it difficult to establish an agreement with the Matheson family. Councilman Sullivan discussed the number of days permitted for tournament use. Mayor Conte discussed a letter from Robert Swarthout, Village Master Plan Consultant, dated April 1,, 1993, which addresses the issue of Calusa Park. Councilman Sime further discussed the Swarthout letter. Councilman Sullivan stated that the'Vill`age Attorney should move forward with this matter. The consensus of the Council was that the Village Attorney arrange a meeting ;with county officials and pursue settling this matter. Helen White, 241 East Enid Drive, addressed the Council on this matter. 8-B. Village Clerk: Clerk Inguanzo submitted a copy of proclamations issued by Mayor Conte.' Proclamations for Johny Marciano, Freedom From Drugs Day and Municipal Clerk Week were, signed by the Mayor.' The clerk submitted a six month progress report for the Council's review. An item regarding the selection of a representative to the Dade League of Cities was deferred until the April 27, 1993 meeting. Page 2 of 6 April 13, 1993 There was brief discussion regarding the possible selection of a new village seal. Vice Mayor Brody made a motion that the submission deadline be extended until Thursday, April 22, 1993, that the submissions be reviewed at the April 27, 1993 Village Council meeting and that a final decision be made at the May'11, 1993 Council meeting. The motion was seconded by. Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 8-C. Village Manager:''The manager introduced Lew Scruggs, of the Florida Department of Natural Resources, who made a presentation regarding the hurricane recovery and restoration plan of the Cape Florida State Park. 'Councilman-Sime complimented the Department Of` Natural'Resources on their plan. J.F. Redford,2807 Southwest 27 Avenue, Miami,`addressed-the' Council on this matter.' Mayor Conte excused himself from the meeting at 8:30 -p.m. Vice Mayor Brody chaired the remainder of the meeting. Manager Kissinger briefly discussed a copy of the street tree master plan that will be discussed by William O'Leary, the Village's Landscape Architect, at the special Local Planning Agency meeting of April 14, 1993. Councilman Sime encouraged residents to attend the meeting. The manager recognized Carlos Penin, Village Engineer, who made a presentation on the stormwater rate schedule. Councilman Sullivan discussed' the commercial percentage of the rate schedule,. Councilman Fried noted discrepancies in the fees -being assessed on church properties. Engineer Penin stated that a report will be presented at the next meeting. Councilman Sime made a motion to award the Stormwater Master Plan engineering contract to Williams, Hatfield and Stoner, Incorporated, 3191 Coral Way, Miami, Florida, at a cost not to exceed ' -$65,000. Councilman Fried seconded the motion which was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Vice Mayor Brody voting Yes. Manager Kissinger discussed a proposal for the conversion of electric distribution facilities to an underground configuration. The manager will invite Florida Power and Light' representatives to discuss. the proposal at a future meeting. The manager discussed his continued search for additional storage, office and meeting space. Page 3 of 6 April 13, 1993 The manager reported thatthe trash center will remain closed for an additional two weeks. He stated that a temporary facility is located at'Calusa Park. Manager, Kissinger submitted a progress report on the creation of the Village fire department. Councilman'Sullivan stated that there appears to be confusion over the language oh the ballot for the April 27, 1993 special election regarding the fire/rescue issue. Vice Mayor Brody suggested an advertisementin the Islander News clarifying the issue. Attorney, Weiss '..,stated that he drafted the ballot language based on the petitioner'st committee. language. There was,, further, discussion raegarding,the,ballot language. Councilman Sime recommended -that,. a: brochure be mailed' :to. registered voters. explaining the ballot. language. The Council concurred,that air, advertisement be placed ip Islander` News band` that` a brochure be mailed first class to residents explaining the ballot. language. Recreation DirectorTessler and the manager discussed the problem of 2,000' Village newsletters returned by the post office. The manager submitted informational reports regarding the Village departments, a"memor'andum dated March 31, 1993 from,: Carlos Penin regarding miscellaneous drainage improvements, a letter regarding the Island Festival fireworks display, a report on additional lane extensions on Harbor Drive, andthe monthly financial. report. Vice Mayor Brody inquired about staffing, in the Community Development Department. Community Development DirectorSobrino made a brief presentation. Councilman Sullivan inquired about the Community Affairs Department report and promoting Key Biscayne business among filn companies. Councilman Sime asked about revisions of the F.E.M.A. 50e, Rule. Community Development Director Sobrino elaborated on the new interpretations by F;E.M.A. of the 50% Rule. John Festa, 695 Harbor' Lane, inquired about obtaining departmental reports. 8-D. MAYOR AND COUNCILMEMBERS- Councilwoman Sime submitted a Local Planning Agency report. Vice Mayor Brody discussed the annual review of the Village Manager as provided by the employment agreement. Vice,. Mayor Brody discussed the manager's accomplishments over the past year. Page 4 of 6 April 13, 1993 Councilman Sime complimented the manager on his achievements in the past year. Councilmembers Fried and Sullivan concurred. Councilman Fried made a motion to increase the manager's salary to $97,000 per. year -- which includes a $12,000 living allowance. The motion was seconded by Vice Mayor Brody and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Vice. Mayor Brody voting Yes. The. Council discussed establishing goals and objectives to, evaluate the manager next year. The consensus was to include fire/rescue, stormwater utility, reduction of taxes, beautification -of the Village, and expansion of recreation programs. Councilman Sullivan suggested that the Village sponsor a fireworks display during the Fourth of July festivities. Ed Stone, 145 Hampton Lane, representing the Fourth of July parade, encouraged the Village to sponsor this activity. Councilman Sime spoke in support of the proposal. Councilman Sullivan requested that the manager prepare a report on sponsoring the fireworks display. 9. RESOLUTIONS: Vice Mayor Brody read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPOINTING VILLAGE CLERK AS CANVASSING BOARD FOR APRIL 27, 1993 SPECIAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion to adopt the resolution, seconded by Councilman Fried. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Vice Mayor Brody voting Yes. Vice Mayor Brody read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE DADE COUNTY COMMISSION TO AMEND ORDINANCE 93-14; PROVIDING FOR AN EFFECTIVE DATE. councilman Sime made a motion to adopt theresolution, seconded by Councilman Fried. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Vice Mayor Brody voting Yes. 10. COMMITTEES: The following items were discussed. An item regarding recommendations from the Village's Insurance Committee was deferred until the meeting of April 27, 1993. Page 5 of 6 April 13, 1993 Vice Mayor Brody read a letter from the Hurricane and Emergency Management Committee commending the manager for his actions in the aftermath, of Hurricane Andrew. 11.. OTHER BUSINESS/GENERAL DISCUSSION: There was no further discussed by the Council; 12. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council. 13. SCHEDULE OF FUTURE EVENTS:, A schedule of future events was submitted to the Council. 14. ADJOURNMENT: The meeting was adjourned at 10:35 p.m. Approved this 2— { day of h r E 1 , 1993. Villa Mayor IF A PERSON WISHES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE 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 ISTOBE BASED. Page 6 of 6 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 27, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried (arrived at 8:15 p.m.), Michael Hill, Joe Rasco, Betty Site, Raymond Sullivan, Vice Mayor Clifford Brody (arrived at 7:15 p.m.), and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. Clerk-Inguanzo excused himself from the meeting to serve as the canvassing board for the special election of that day. 2. INVOCATION: Anne Owens, of the Islander News, gave an invocation. . PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: The minutes of the meeting of April 13, 1993, were approved, as submitted, by unanimous consent. ▪ AGENDA: There were no changes to the agenda. 6. PUBLIC COMMENTS: Mayor Conte opened the meeting to comments from the public. Garver Wilson, 725 Woodcrest Road, stated that the building permit process should be improved with a cross- reference system. 7. ORDINANCES: Mayor Conte read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 4.03 OF THE VILLAGE CHARTER; CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT; ECONOMIC DEVELOPMENT DEPARTMENT; FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT; RECREATION DEPARTMENT; POLICE DEPARTMENT; AND PUBLIC WORKS DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 1 of 7 April 27, 1993 Councilman Sime made a motion to adopt the ordinance on first reading, seconded by Councilman Sullivan. Councilman Rasco discussed the ordinance and requested that the manager provide the Council with -a summary of each department's duties. The motion was adopted by a 6 0 roll call vote, The vote was as follows: Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following ordinance,, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "An; PROVIDING FOR AN EFFECTIVE DATE. The mayor opened the public hearing There were no speakers present.' Vice Mayor Brody made a motion to adopt the ordinance on second reading, seconded by Councilman Sime. After brief comments by the manager, the motion was adopted by a 6 - 0 roll call vote. The vote was "as°follows: Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody,' and Mayor Conte voting -Yes. 8. BUILDING AND ZONING: The Council considered Hearing Number 93- 4 -VC -1, Alain C. De Grelle, 176 West Mashta Drive, requesting a non-use variance to permit the continueduse ofan existing single family residence to setback 7.25 feet (7.5 feet required) from the interior side, property line. Community Development. Director Sobrino recommended,` approval on this request. The applicant also requested a non-use variance to permit the continued use of existing garden storage shelves to setback 5.25 feet (7.5 feet required) from the interior side property line and a non-use variance to permit an existing wood trellis to setback 5.66 feet (7.5 required) from the interior side property line. Community Development Director Sobrino recommended denial of these request. Alain De Grelle, 176 West Mashta Drive, spoke in favor of his application. Councilman Hill made a motion to approve the request of.a setback variance to permit the continued use of an existing single family residence to 'setback 7.25 feet (7.5 feet required), seconded by Councilman Rasco. The motion was adopted by a 6 -- 0 roll call vote. The vote was as follows: Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting ,Yes. Page 2 of 7 April 27, 1993 Councilman Hill made a motion to approve the request of a setback variance to permit the continued use of existing garden storage shelves to setback 5.25 feet (7.5 feet required), seconded by Councilman Rasco. Roberto Decespedes, 188 West Mashta Drive, spoke in favor of this request. There was brief discussion by the Council. The motion was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Hill, Rasco, Sine, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Sullivan voted No. Councilman Hill made a motion to approve the request of a setback variance to permit an existing wood trellis to setback 5.66 feet (T:5 feet required), subject to the applicant completing the necessary building permits within ninety days, seconded by Councilman Rasco. Councilman Sullivan expressed his concerns about the, Council setting a precedent in approving variances. The motion was adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Sullivan voted No. 9. REPORTS AND RECOMMENDATIONS: 9-A. VILLAGE ATTORNEY: Attorney Weiss submitted brief reports regarding the environmental report on the police station site on West Enid Drive, the Calusa Park lease, the Lipton litigation, the final draft of the Village Code, and his discussions with the postmaster -of the Key Biscayne Post Office branch. Councilman Sullivan requested that the attorney contact the county regarding the removal of a construction sign on Crandon Boulevard. Councilman Sime inquired about the environmental study of Calusa Park. 9-B. - VILLAGE CLERK: Finance Director Neustadt, serving as recording secretary, reported that the mayor has issued no proclamation in, the last two weeks. Finance Director Neustadt stated that the Dade League of Cities has requested- an appointment from the Village to their Board of Directors. -'Councilman Sime made a motion to re -appoint Councilman Rasco as the Village's representative to the Dade League of Cities' Board of Directors and Councilman Fried as the alternate member. Councilman Sullivan seconded the motion which was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Page 3 of 7 April 27, 1993 Submissions for a village seal received by the clerk were presented to the Council for their consideration at the meeting of May -11, 1993. 9-C. VILLAGE MANAGER: Themanager introduced Ralph Callega, of Florida Power and Light, who made a presentation regarding the study of converting overhead wiring to underground facilities. There was brief discussion by the Council. The manager stated that he will further study the issue. Manager Kissinger recognized Carlos Penin,• Village Engineer, who made a presentation regarding, the Swale Study authorized by the Council. Clerk. Inguanzo presented the results of the special election, regarding a proposed amendment to the Village Charter requiring. that the Village be served by the Metro -Dade Fire and Rescue Service District, to Mayor Conte who announced the results to the public. The amendment failed to pass with 752 (36%) votes in favor and 1,313 (63%) votes in opposition. The mayor called for a two. minute recess. Engineer Penin continued his presentation regarding the Swale Study. There was extensive discussion by the Council. Manager Kissinger briefly discussed the Street Tree Master Plan. John Festa, 695 Harbor Lane, addressed the Council regarding the implementation.of the plan. Dyan Simon, 335 .Harbor Lane, also addressed the Council regarding the plan. There was brief discussion by the Council. Councilman Fried made a motion authorizing the Village. Manager to direct O'Leary Design and Associates to proceed with the preparation of final plans and specifications to implement the Street Tree Master Plan (dated April 7, 1993). The motion was seconded by Councilman Sime and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Hill voted No. Village Engineer Penin made a presentation regarding the stormwater utility. The Council discussed the matter. Lynne Nelson, 157 Harbor Drive, addressed the. Council regarding the utility and its effects on churches. Councilman Hill requested that the Village Engineer calculate the average. cost per tenant at each of the commercial properties. It was the consent of the Council that the Village Engineer prepare a list of recommendations for the next Council meeting. The manager reported that he is continuing his search for additional space for recreation programs. Page 4 of 7 April 27, 1993 The manager submitted a time -table regarding the implementation of a Village fire department. Manager Kissinger "stated that he has been contacted by the, president of the Key Biscayne Elementary P.T.A. regarding the Council sponsoring a village -wide meeting to discuss improvements at the school site. The Council concurred that it would participate in such a meeting but would not sponsor the event. The manager submitted the following informational reports: a letter from Leigh,.` Robinson, Kerr, and Associates, dated April 19, 1993, regarding the Master Plan; the "Summerfest" Agenda (June 26 — July 4); material regarding the International City Management Association's 79th Annual Conference (September 19 - 23, 1993); a letter from the Office of the Governor, dated March 31, 1993, regarding hurricane related funding request; a letter from Senator Bob Graham, dated April 5, 1993, regarding airplane noise; a letter from Kathy Purner, dated April 9, 1993, regarding "Lighthouse Day;" the contract between Williams, Hatfield and Stoner and Village for preparation of a stormwater master plan has been executed; and a report on staffing of"the Community Development Department. 9-D. MAYOR/COUNCILMEMBERS: Councilman Sime reported on the planning tour of other communities taken. by members of the Local Planning Agency and residents of the Village, as well as the L.P.A. forum held on Saturday April 24, 1993. Councilman Sime also stated that the Village should consider the use of special street signs such as the; signs used in the Village of Bal Harbour. Vice Mayor Brody properties in the will be addressed 10. RESOLUTIONS: title: discussed the problem -of abandoned and unkempt Village. Attorney Weiss stated that the problem through the code enforcement process. Mayor Conte read the following resolution by A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE FEDERAL AVIATION AGENCY TO IMPLEMENT A KEY BISCAYNE AVOIDANCE POLICY; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Hill. The motion was adopted; by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill; Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The Page 5 of 7 April 27, 1993 Council also. agreed that Mayor Conte will represent the Village at the public hearing on May 12, 1993. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A FEESCHEDULE FOR ZONING HEARING APPLICATIONS; PROVIDING FOR AN EFFECTIVE DATE. Community Development Director addressed the Council regarding the resolution. "Councilman Fried made a motion to adopt the resolution, seconded by Vice Mayor Brody_ The motion was adopted by. a unanimous voice vote. The vpte was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan,` Vice Mayor Brody, and Mayor Conte Voting Yes., Mayor Conte read the following resolution by, title:. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A SIGNAGE`APPROVAL APPLICATION FEE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Sine. The motion was adopted, by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT WHICH PROVIDES HEALTH BENEFITS ON BEHALF OF THE VILLAGE WITH AV MD HEALTH PLAN, 9400 SOUTH'DADELAND BOULEVARD, MIAMI, FLORIDA 33156; AHD PROVIDING FOR AN EFFECTIVE DATE. After brief discussion, Vice Mayor Brody made a motion to waive the competitive bidding process regarding the selection of a health care provider for Village employees, seconded by Councilman Sime. The motion was adopted. by a unanimous voice vote.. The vote was as follows. Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, andMayor Conte voting Yes. Councilman Sime made a motion to adopt the resolution, seconded by Councilman Sullivan. The motion was adopted by a unanimous voice vote. The vote was as follows:' Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting -Yes. Page 6 of 7 April 27, 1993 11. COMMITTEE REPORTS: Councilman Rasco discussed the recommendations of the Insurance Committee. Councilman Rasco made a motion that staff review the building code, code enforcement, elevated structures, and building reconstruction and replacement cost ordinance recommendations of the committee and consider their implementation. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Rasco also requested that a resolution be prepared to dissolve the committee, as well as commend each of the members of the committee. 12. OTHER BUSINESS/GENERAL DISCUSSION: Councilman Sullivan requested an update on the building code project. Manager Kissinger reported that Community Development Director Sobrino will submit a report at the next L.P.A. meeting. 13. SCHEDULE OF FUTURE MEETINGS: The Council was presented with a schedule of future meetings. 14. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. Approved this 1 f ' day of � , 1993. Village Clerk 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, HE 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. M I NU T E S VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 11, 1993 COUNCIL CHAMBER 85.WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:05 p.m. Present. were Councilmembers Mortimer Fried,>Michael Hill, Betty Sime, Raymond Sullivan, and Mayor Rafael Conte. Absent were Councilman Joe Rasco and Vice Mayor Clifford Brody. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Finance Director Jack Neustadt, and Police Chief Michael Flaherty. 2. INVOCATION: Monsignor William McKeever, of St. Agnes Catholic Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge_ 4. MINUTES: Councilman Sullivan made a technical correction to the minutesof the meeting of April 27, 1993. The corrected minutes were adopted by unanimous consent. 5. AGENDA: Councilman Sime made a motion to add the discussion of the lights at the Winn Dixie shopping center and the traffic light installed on the causeway at the Mast Academy. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. ORDINANCES: Mayor Conte read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR ELECTION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Hill offered an amendment to establish the qualifying -period-from-the 55th day to the 46th day prior to the election. The Hill, amendment was seconded by Councilman Sime and adopted by - a unanimous voice vote. The vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. Page 1 of 7 May 11, 1993 Councilman Sime made a motion to adopt the amended ordinance on first reading. Councilman Hill seconded the motion which was adopted by a 5 - 0 roll call vote. The vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. Mayor Conte read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTIONS' PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING, FOR SEVERABILITY,, INCLUSION La THE CODE AND AN. EFFECTIVE DATE. Councilman Fried made a motion'to adopt the ordinance on first reading, seconded by Councilman Sime. The motion was adopted by a 5 - 0, roll call vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. Mayor Conte read the following ordinance by title:' AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE INCURRING OF INDEBTNESS IN THE AMOUNT NOT TO EXCEED $1,000,000; PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL; PROVIDING FOR REPAYMENT OF SAID INDEBTNESS FROM AVAILABLE MUNIcn'AL REVENUES;; PROVIDING FOR THE EXECUTION OF DOCUMENTS; AUTHORIZING FURTHER OFFICIAL ACTION; SPECIFYING GOVERNING LAW; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE Hugh O'Reilly, 475 Allendale Road, spoke in support of the ordinance. After brief discussion, Councilman Fried made a motion to adopt the ordinance on first reading. Councilman Sime'seconded the motion which was adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Fried,' Hill, Sime, Sullivan, and Mayor Conte voting Yes. Mayor Conte read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 4.03 OF THE VILLAGE CHARTER; CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT; ECONOMIC DEVELOPMENT DEPARTMENT; FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT;r RECREATION DEPARTMENT, POLICE DEPARTMENT; AND PUBLIC WORKS DEPARTMENT; PROVIDING' FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page•2 of 7 May 11, ,1993 The Village Attorney, at therequest of'Councilman Rasco, prepared an amendment to the. ordinance creating a "sunset" provision requiring the evaluation of each department every three years. Hugh O'Reilly, 475 Allendale Road, spoke in support of the Rasco amendment and in opposition tothe creation of the community development department, economic development development and the recreation department. Manager Kissinger explained the creation of each :of the Village.. departments. After brief discussion, Councilman Hill -made a motion to defer the ordinance until the meeting of May 25, 1993. The motion was seconded by Mayor Conte and adopted by a unanimous voice vote.. The vote was as, follows: Counciimembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. 7. BUILDING AND ZONING: There Council. 8. REPORTS AND RECOMMENDATIONS: no items presented to the 8-A. VILLAGE ATTORNEY. Attorney Weiss gave an- update on the Lipton litigation matter. The attorney also discussed a letter from the Police Benevolent Association and their request to have the village voluntarily agree that the P.B.A. be certified as the exclusive collective bargaining agent for sworn police personnel. Councilman Fried recommended that a campaign,be held to give every officer a:chance to see both sides of the issue., Councilmembers Hill, Sullivan and Sime concurred. Councilman Sullivan made a motion directing the Village Attorney to take action to educate the police employees on the Council's policy regarding this issue.: The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows:-Councilmembers,Fried, Hill, Sime, Sullivan, and Mayor Conte. voting Yes. The attorney also reported on the final environmental report of the police station site ,at 85 West Enid Drive. Chief Flaherty addressed the. Council on this matter. 8-B. VILLAGE CLERK: Clerk Inguanzo submitted a list of proclamations issued by the mayor. Proclamations were issued for Lighthouse Day,, Intergenerational Awareness, Day and National Safe Boating Week. The clerk submitted for the Council's consideration the submissions of village seal designs. Councilman Sullivan made a motion that all councilmembers be present for the :consideration of a village Page 3 of 7 May 11, 1993 seal, seconded by Councilman Hill. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. The clerk presented the certification of the results of the special election held on April 27, 1993.` Clerk Inguanzo submitted a schedule of summer meetings. 8-C. VILLAGE MANAGER. Manager Kissinger recognized Carlos Penin, Village Engineer, who made a presentation regarding the stormwater utility. There was discussion by the Council regarding the rates for commercial properties. Councilman Fried and Hill further discussed the engineer's presentation and noted that commercial properties will have a larger burden to, bare. The manager stated that implementation of the utility is expected by October 1, 1993. Councilman Sullivan recommended a $5.00 E.R. Unit. Attorney Weiss made comments regarding the establishment of a rate. Councilman Hill requested that the engineer prepare an analysis with a rate of $10.00 or less for the single family area, $5.00 for the multi- family areas and $20.00 Per tenant in the commercial areas. The manager announced his selection of a Village fire chief. William Huddleston waspresented to the Council and residents. The manager "also^announced that the Village has advertised for fire personnel.' Manager Kissinger presented information regarding the purchase of fire trucks and equipment. The manager recommended that the Village purchase an advertisement iri the 100 page -special conventionissue of Quality Cities for the 67th annual 'conventidn of the Florida League of Cities. Hugh O'Reilly, 475Allendale Road, spoke in opposition to the Village purchasing the'.advertisement.` The manager requested the purchase of an additional copy machine. Councilman Sullivan made a motion authorizing the Village Manager to purchase a Xerox copy machine from Advanced Business Services, 740 Northeast 167YStreet, North Miami Beach, Florida, at a cost not to exceed $8,995.00. Councilman Sime seconded the motion which was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. The manager submitted the following informational reports: Departmental reports; the monthly financial statement; the 1992- 1993 Budget time -table; a Calusa Park expansion study; and artist renderings of proposed Ocean Drive beautification. Page 4 of 7 May 11, 1993 Councilman Sime discussed the Ocean Drive beautification plan. William.Croysdale, 550 Ocean Drive, spoke in support of the Ocean Drive beautification project. Steve Miner, 590 Ocean Drive, also spoke. in support of the plan. The manager further discussed the project and stated that the cost will be approximately $125,000. Councilman Sullivan recommended that the manager develop a capitol program project list to determine the Council's priority. Councilman Sime made a motion to authorize the Village Manager to contract with O'Leary and Associates at;a cost not to exceed $7,500 to develop the ocean Drive- beautification plan and prepare bids. The motion was seconded by Mayor Conte. After brief discussion, Mayor Conte withdrew his second of the: motion. Councilman Fried made a motion to table the item, seconded by Mayor Conte. The motion was adopted by a unanimous voice vote. The'vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. 8-D. MAYOR AND COUNCILMEMBERS. Councilman Sime presented a brief report on the Local Planning Agency. Councilman Hill requested an update on the Ocean Lane Drive drainage system. Councilman Sullivan discussed the preliminary Crandon Park master plan. He announced the public hearings that will be held by the county regarding this issue. Helen White, 241 East Enid Drive, spoke on this item and urged the Council to demand the playing fields from the county. Councilman Sime briefly discussed the character of the new lights at the Winn -Dixie shopping center. She also inquired about the traffic light installed on the causeway at the Mast Academy. Councilman Sullivan briefly discussed the signage installed at Jefferson National Bank. Building Official Dan Nieda addressed this issue. 9. RESOLUTIONS: Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DISSOLVING THE VILLAGE'S INSURANCE COMMITTEE; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF THE MEMBERS OF THE COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt, the resolution, seconded by Councilman Sime. The resolution was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. Page 5 of 7 May 11, 1993 Mayor Conte 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 FIREWORKS BY GRUCCI, INCORPORATION, BROOKHAVEN, NEW YORK; WAIVING COMPETITIVE BIDDING; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Councilman Sullivan. The motion was adopted by a 4 -1 voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, and Sullivan voting Yes. Mayor Conte voted No. Mayor Conte 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 THE CITY OF MIAMI FOR AUTOMATIC AID AND ANCILLARY FIRE RESCUE SERVICE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime madea motion to adopt the resolution, seconded by Councilman Sullivan. The resolution was adopted by a 4 - 1 voice vote. The vote was as follows: Councilmembers Fried, Sine, Sullivan, and Mayor Conte voting Yes. Councilman Hill voted No. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A LEASE WITH TRIANGLE INVESTORS, INCORPORATION, 1566 CORAL WAY, MIAMI, FLORIDA, FOR OFFICE SPACE; AUTHORIZING THE MAYOR TO EXECUTE SAME'ON BEHALF OF THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. Iugh O'Reilly, 475 Allendale Road, spoke in support of the resolution. Councilman Hill stated his opposition to the resolution. Councilman Sime made a motion to adopt the resolution, seconded by Councilman Fried. The resolution failed on a 2 - 3 roll call vote. The vote was as follows: Councilman Sime and Mayor Conte voting Yes. Councilmembers Fried, Hill and Sullivan voted No. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE FIRE EQUIPMENT; PROVIDING FOR AN EFFECTIVE DATE. Page 6 of 7 May 11, 1993 Councilman Fried made a motion to adopt the resolution, seconded by Councilman Sullivan. The resolution was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING THE POLICY OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY THAT REPLACEMENT COST MAY BE USED IN DETERMINING WHETHER A STRUCTURE HAS BEEN SUBSTANTIALLY DAMAGED AND PROVIDING FOR AN EFFECTIVE DATE. Building Official Nieda spoke on this item. The resolution was withdrawn. 10. COMMITTEES: There were no committee reports submitted. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council. 13. ADJOURNMENT: The meeting was adjourned at 9:55 p.m. "Approved this G, day of Mosvy , 1993 Village Clerk 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, HE 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 I NUT E S SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 25, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1.: CALL TO-ORDER/ROLL CALL OF MEMBERS: Mayor Conte called the meeting to order at 7:05 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Absent was Councilman Betty Sime. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Police Chief 'Michael Flaherty, Fire Chief William Huddleston,` Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: The Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: The minutes of the meeting of May 11, 1993 were approved, as submitted, by the unanimous consent of the Council. 5. AGENDA: Councilman Sullivan requested the discussion of the creation of a committee to address building code issues as discussed at the Local Planning Agency. The item was added to the agenda:as item 10-D-3 by the unanimous consent of the Council. 6. PRESENTATIONS: Mayor Conte and Councilman Rasco presented a copy of .Resolution 93-19, commending the members of the Village's Insurance Committee, to Steve Ettenheim, Arturo Hoyo, Kari Madera, Anne McDonald, Ed Sanchez, and James Taintor. Committee members Julie Alvarez and Norman Roberts were not present. 7. PUBLIC COMMENTS: Jon Grossman, president of the Key Biscayne Elementary School P.T.A., made a presentation regarding curriculum changes at the school. He requested a grant, in the amount of $42,000, from the Village for the development of the new curriculum at the school. Dorothy Ryder, principal of the Key Biscayne Elementary School, also spoke in support of the grant request. Attorney Weiss stated that he will need to review the charter to determine if a unanimous vote of the Council is required. Councilman Fried made a motion to table the item until the June 8, 1993 meeting. The motion was seconded by, Mayor Conte and adopted by a unanimous voice vote. The vote was as follows: Page 1 of 8 May 25, 1993 Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Conchita Suarez, 201 Crandon Boulevard, spoke in support of the request. 8. ORDINANCES: Mayor Conte read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the ordinance, seconded by Councilman Fried. The motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco," Sullivan; Vice Mayor Brody„ and Mayor. Conte voting Yes. Clerk.: Inguanzo'announced that the second reading will beheld June 8, 1993. Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 4.03 OF THE, VILLAGE CHARTER; CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT; ECONOMIC DEVELOPMENT DEPARTMENT, FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT; RECREATION DEPARTMENT; POLICE DEPARTMENT; AND PUBLIC WORKS DEPARTMENT; PROVIDING FOR SEVERABILITY,, INCLUSION IN THE. CODE AND AN EFFECTIVE DATE. Vice Mayor Brody made a motion adopting an alternate ordinance including a three year "sunset" provision. The vice mayor's motion also included an "Emergency Services Department" in lieu of "Police Department." Mayor Conte opened the public hearing. There were no speakers present. The Brody motion was seconded by Councilman Rasco and adopted by a unanimous roll call vote.. The votewas as follows: Councilmembers Fried,Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR ELECTION; PROVIDING FOR REPEAL, OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. ' Councilman Fried made a motion to adopt the ordinance, seconded by Page 2 of 8 May 25, 1993 Councilman Rasco. The mayor opened the public hearing. There were no speakers present. The ordinance was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH. THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the ordinance, seconded -by Councilman Hill: Mayor -Conte opened the public hearing. There were no speakers present. The ordinance was adopted by a unanimous roll call vote.- The -'vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, -and Mayor Conte voting Yes. The mayor read the following ordinance, on second reading, by title: AN ORDINANCE -OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE INCURRING OF INDEBTNESS IN THE AMOUNT NOT TO EXCEED $1,000,000; PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTNESS BY RESOLUTION ADOPTED BY -THE VILLAGE COUNCIL, PROVIDING FOR REPAYMENT OF SAID INDEBTNESS'FROM AVAILABLE MUNICIPAL REVENUES; PROVIDING FOR THE EXECUTION OF DOCUMENTS; AUTHORIZING FURTHER OFFICIAL ACTION; SPECIFYING GOVERNING LAW; -PROVIDING FOR SEVERABILITY AND AN. EFFECTIVE DATE. Councilman Fried made a'motion to adopt the ordinance, seconded by Vice Mayor Brody. Mayor Conte opened the public hearing. There were 'no -speakers -present. The ordinance was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 9. BUILDING AND ZONING:` Hearing Number 93-M-5-1, by Wooley's Fine Foods, 724 Crandon Boulevard, requesting a waiver from Ordinance Number 92-11 to permit the enclosure of an existing covered entrance area of the existing supermarket for additional retail floor space was considered by the Council. Community Development Director Sobrino discussed the application. Armando Cazo, 3501 Page 3 of 8 May 25, 1993 Southwest 8 Street, Miami, representing Wooley's, spoke in support of the application. Robert Winters, 8161 Northwest 51 Place, Coral Springs, also addressed the Council. Councilman Rasco recommended deferment of the item. Mayor Conte opened the public hearing - There were no speakers. After brief discussion, Councilman Fried made a notion to defer the item until Wooley's completed zoning application is before the Council. The motion was seconded by. Councilman Rasco and adopted by a unanimous roll call vote. The. vote was; as follows: Councilmembers Fried, Hill, Rasoo, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Hearing Number 93 -5 -VC -1, Botanica Development Associates and Key Colony Number 4 Condominium; Association, Incorporated, 141 Crandon Boulevard, #429, was considered by the Council The applicant was requesting modification of condition #3 of Resolution Z-244-78, passed and adoptedrbyrthe Dade,County Board of county Commissioners on the 19,th, .day of October,. 1978 and which, was last;; modified by ut Resol ion 4-Z B -3;i9:-85; passed' and ,adopted by. ,tie;, Dade County Zoning„Appeals Board on the 24th. day of; September, 198,6 only, as it applies to..additions: made,to..unit.#429;,, Community Development Director Sobrino made a recommendation for approval:' Greg Neewman, 121 Crandon Boulevard, spoke in support of the application. Gary Witzel,,,9846 Charleston Place, Cpoper City,. representing Botanica, also spoke in support of the request. David Cimo, 141 Crandon Boulevard, spoke in opposition to the application. Juan Delayerba, 141 Crandon ,Boulevard, ,andf•Geraldine Morales, +141 Crandon Boulevvard, also spoke :in opposition to the application. After extensive discussion, Councilman. Hill, made a motion to approve ,the request,: seconded by, Councilman Fried. The motion failed/on 'a 3 - 3 'troll; call vote. Thhee vote was as . follows: Councilmembersr Fried, Hill: and Basco, voting Yes.,, Councilman Sullivan, Vice -Mayor Brody and MayoreConte voted No., Vice Mayor Brody made a motion to deny, seconded by Mayor Conte. The motion was adopted by, a 4 - 2 roll call Vote. The vote was as follows: Councilmembers Fried, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilmembers•.Hill and Rasco voted, No. Vice Mayor Brody made a motion to reconsider the previous notion, seconded by Councilman Hill. The Motion` was adopted by at unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Vice Mayor. Brody made a motion todeny the request without prejudice,seconded by Councilman Hill. The motion failed to pass on a 3 - 3 roll call vote. The vote was as follows: Councilman Page 4 of 8 May 25, 1993 Sullivan, Vice Mayor Brody and Mayor Conte voting Yes. Councilmembers Fried, Hill and Rasco voted No. Attorney Weiss stated that the item will be deferred until the next "meeting. 10. REPORTS AND RECOMMENDATIONS: 10-A.. VILLAGE -ATTORNEY: Attorney Weiss stated that the county has notified him that the police station on West Enid Drive should be available to the Village on June 1, 1993. The attorney discussed the Lipton litigation matter. Attorney Weiss -also discussed the Crandon Park Master Plan. The Council concurred that, on an individual basis, members will contact county commissioners regarding this issue. Helen White, 241 East Enid Drive, addressed the Council regarding this matter. 10-B. VILLAGE CLERK: The clerk requested deferment of the selection of a Village Seal, pursuant to the Council's motion requiring that all members -be present for the vote, until the next meeting of the Council. 10-C. VILLAGE MANAGER: The manager introduced Officer Jorge Diaz who demonstrated the Police Department's summer uniform. The manager introduced Mel Montes, Deputy Chief of the Metro -Dade Fire District, who made a presentation regarding negotiations for the county fire station. He stated that the county manager has authorized him to offer the Village the county station and a contract, in the amount of $350,000 payable to the county by the Village, for mutual aid and assistance. Deputy Chief Montes, also representing the Board of Fire Commissioners, stated that the Fire Board does not support the offer by the county manager. The .manager recognized Mariano Fernandez, of C.A.P. Engineering, who made. a -presentation regarding the proposed stormwater rate schedule. Austin Carr, representing the Key Biscayne Presbyterian Church, stated that there should be an exemption for churches. Vice Mayor Brody clarified that the stormwater rate is a utility and not a tax. Conchita Suarez, 201 Crandon Boulevard, stated that residents in the condominiums have not been informed. regarding this issue. "The manager clarified that this program is mandated by the Federal government. Michael Kahn, 881 Ocean Drive, discussed the rate .as it relates,to the condominiums. Camille Guething, 260 Seavaew Drive, inquired about the assessment of the rate. Police Chief Flaherty gave a report regarding the police and fire Page 5 of 8 May 25., 1993 departments. Fire Chief Huddleston also addressed the Council.. Councilman Sullivan made a motion to authorize a month -to -month lease for office space, for the Fire Chief, at the Key Executive Building. The motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote. was as follows:, Councilmembers'Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Brody voting Yes. Manager Kissinger also discussed the. location of the fire station and stated that', a final decision should be made at the next meeting. The manager discussed the Ocean Drive beautification project. Alma Trapollini, 650 Ocean Drive, representing' the Bahia Mar Condominium Association, inquired about the plan. William Croysdale, 550: Ocean Drive, spoke in support of the plan. Michael Kahn, 881 Ocean:_ Drive, spoke in support of the landscaping aspect of the plan. Camille Guething,' 260 Seaview Drive, spoke in opposition to providing parking in the swale area. Couchita Suarez, 201 Crandon Boulevard, also spoke in opposition to parking. in the swp.le area. Steve Miner, 590 Ocean Drive, spoke in support of the project. The manager requested that Building Official` Dan`: Nieda make a presentation to the Council regarding abandoned and substantially damaged homes. Building Official Nieda submitted his report. John Festa, 695 Harbor Lane, addressed the Council, on this matter. The manager presented to the Council a schedule for the implementation of the 1993-1994 budget. 10-D. `MAYOR AND'COUNCILMEMBERS; Councilman Sullivan discussed a proposed date for a Council workshop. He requested that Councilman Rasco organize and schedule a workshop. The Council concurred to tentatively meet the first week of July. Councilman Sullivan also discussed the creation of committee to review the zoning code. Attorney Weiss discussed the requirements for creating the committee'. The Council concurred that the committee shall be appointed by the Local Planning Agency. John Festa, 695 Harbor Lane, addressed the Council on this matter. 11. RESOLUTIONS: Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING FLEXIBLE BENEFITS PLAN; PROVIDING FOR AN EFFECTIVE DATE. Page 6 of 8 ri May 25, 19933 Councilman Hill made a motion to adopt the resolution, seconded by Councilman Fried. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADDRESS THE PROBLEM OF HIGH NOISE LEVELS FROM AIRCRAFT FLYING OVER KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution, seconded by Vice Mayor Brody. The resolution was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody and Mayor Conte voting Yes. The mayor read the following resolution by title: 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. Vice Mayor Brody made a motion to adopt the resolution, seconded by Councilman Fried. The resolution was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following resolution by,title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE SPORTS COORDINATOR INTERVIEW PANEL; PROVIDING FOR AN EFFECTIVE DATE. Councilman Rasco made a motion to adopt the resolution, second by Councilman Fried. The resolution was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor donte voting Yes. 12. COMMITTEE REPORTS: There were no committee reports presented to the Council. 13. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council. Page 7 of 8 May 25, 1993 14. SCHEDULE OF was presented to 15. ADJOURNMENT: Approved this Villageit: FUTURE MEETINGS: A schedule of future meetings the Council and public. The meeting was adjourned at 10:40 p. day of Jut -1-Q_ , 1993 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, HE 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 8 of 8 M I N U T,E S' SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA FRIDAY, MAY 28, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: Mayor Conte called the meeting to order at 4:30 p.m. Present were Councilmembers Michael Hill, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Absent were Councilmembers Mortimer Fried, Joe Rasco and Betty Sime. Also present were Village Clerk Guido Inguanzo, Village Attorney Steve Helfman, Emergency Services Director Michael Flaherty and Finance Director Jack Neustadt. 2. RESOLUTION: Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER, OR HIS DESIGNEE, TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE CITY OF MIAMI, FLORIDA FOR POLICE MUTUAL AID; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the resolution, seconded by Mayor Conte. The resolution was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 3. ADJOURNMENT: The meeting was adjourned at 4:35 p.m. Approved this g day of , « , 1993 Villages Clerk 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, HE 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. VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TTJESDAY, TUNE 8, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:05 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Raymond Sullivan,, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Fire .Chief William Huddleston, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: Father Robert Libby, of St. Christophers-by-the- Sea Episcopal Church, gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: Attorney Weiss made a technical correction regarding item 9-B. Councilman Rasco requested that item 10-C be clarified to reflect that the cost of the contract to .the Village would be $350,000. Councilman Fried made a motion to adopt the minutes of the meeting of May 25, -1993, as'amended, 'seconded by Councilman Sullivan. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers 'Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor `Conte voting Yes. 5. PRESENTATIONS: Mayor Conte and the Council presented a copy of Resolution 93-26 to the members of the Sports Coordinator Interview Panel. Members receiving a copy included David Brown, Bonnie Cooper and Jon Grossman. ,Members Debbie Portella and Rafael Portella were not present. 6. AGENDA: Councilman Sine added the discussion of lighting at the Winn -Dixie shopping center. Councilman Hill requested that item 9-C-2, regarding the curriculum modernization project, be heard.prior to the zoning item. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody and Mayor Conte voting Yes. 7. ORDINANCES: Mayor Conte read the following ordinance by title: Page 1 of 7 June 8, 1993 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE; PROVIDING FOR DEFINITIONS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; _ESTABLISHING A STORMWATER UTILITY FEB; ESTABLISHING A METHOD -AND PROCEDURE FOR THE COLLECTION OF STORMWATER UTILITY FEES; DIRECTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Attorney Weiss discussed the county mandated deadline for adopting the stormwater utility. Councilman Fried made a motion to adopt the ordinance, on first reading, with an ERU value, of $5.00. The motion was seconded -by Vice Mayor Brody. Austin Carr, 224 West Mashta Drive, representing the Key Biscayne Presbyterian Church, addressed the Council regarding the ordinance. CamilleGuething, 260 Seaview Drive, spoke in opposition to the ordinance. Sean Fisher, 1450 Madera Avenue, Coral Gables, representing Key Colony 42, requested that the Council table this item. Michelle Padovan, 425 Grapetree Drive, spoke in support of the ordinance. Alfred Gillman, 181 Crandon. Boulevard, spoke in support of the ordinance. Councilman Fried amended, his motion to clarify that ode E. R.U. equ 83 feet. After brief discussion, the ordinance was a opted, on first reading, by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Clerk Inguanzo announced that the second reading will be held on June 22, 1993, at 7:00 p.m., in the Council Chamber. Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the ordinance, on second reading, seconded by councilman Hill. The ordinance was adopted by a unanimous roll call vote. The vote was as. follows:. Councilmembers Fried, Bill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. At this time, pursuant to the motion adopted by the Council, item 9-C-2 was heard. The item was relating to a request by the Key Biscayne Elementary School for a $42,000 grant from the Village to implement a curriculum modernization project. Page 2 of 7 June 8, 1993 --Jon Grossman; president of the Key Biscayne Elementary School P.T.A., spoke in support of the request. Dorothy Rider, principal of Key Biscayne Elementary School, also addressed the Council regarding -the -curriculum program. The following teachers from the Key Biscayne Elementary School also spoke -in support of the request: Ms. Lee; Mrs. Bussell; Mrs. Skinner; Ms. Yanes; Mrs. Gordon; Mrs. Burt; and Mrs. Levine. The following residents also spoke in support of the request: Barbara Jacobs, 251 Crandon Boulevard; Sally Brody, 180 Harbor Drive; Conchita-Suarez, 201 Crandon Boulevard; Michelle Padovan, 425 Grapetree -Drive; - and -Shirley Brill, 550 Ocean Drive. John Festa, 695 Harbor Lane, spoke in opposition to the request. Sheila Cruz, 77 Crandon Boulevard, principal of the St. Agnes Academy, requested that the Council also consider funding a grant for the -St. Agnes program. Manager Kissinger stated that funds are available from the Village budget. He stated that the Council should establish guidelines for future requests. Attorney Weiss addressed the Council regarding Charter and statute requirements. Councilman Hill made a motion to consider the request as a grant for municipal `purposes and not a charitable contribution. The motion was seconded by Vice Mayor Brody and adopted by a unanimous roll call vote. The vote was as follows: Councilmember Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Sullivan made a motion to approve the grant request of the Key Biscayne Elementary School P.T.A. The motion was seconded by Vice Mayor Brody. After brief discussion, the motion was ;adopted by a 6 1 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Basco voted No. 8. BUILDING AND ZONING: The Council considered Hearing Number 93- 5 -VC -1, deferred from the Council meeting of May 25, 1993. The Hearing was regarding a request by Botanica Development Associates and Key Colony No. -4 Condominium Association, Incorporated, at 141 Crandon Boulevard; #429, which was requesting a modification of condition #3 of Resolution Z-244-78 adopted by the Dade County Commission on October 19, 1978. The applicant was specifically requesting "that in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled-'Betanica`Unit #439 Key Colony,' as prepared by Ruben J. Page 3 of 7 June 8, 1993 Pujol, Architect, dated received March 5, 1993, consisting of three sheets. Councilwoman Sime stated that she has reviewed the video tape of the Council meeting of May 25th. Councilman Hill made a motion to re -open the public hearing. The motion was seconded by Mayor Conte and adopted by a unanimous voice vote_ The vote was, as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan,' Vice Mayor Brody, and Mayor Conte voting Yes. Ronald Shapo, 200 South Biscayne Boulevard, Miami, representing the applicant, addressed the Council. David, Cimo, 141 Crandon Boulevard, spoke in opposition to the application. Richard Langhorn, 848 Brickell Avenue, Miami, spoke in opposition to the application. Maite Hoyos, 141 Crandon Boulevard, also spoke in opposition to the application. Bertha Alvarez, 141 Crandon Boulevard, spoke in, opposition to the, request. Ms. Alvarez also submitted a petition of twenty-three signatures opposed to• the application. Juan Delayerba, 141 Crandon Boulevard, also stated his opposition to the request. Community Development Director Sobrino made comments to the Council and stated her recommendation for approval of the application. After discussion by the Council, Councilman Sime made a motion to deny the request, with prejudice, seconded by Councilman Sullivan. The motion was adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilmembers Fried, Hill and Rasco voted No. Councilman Hill made a motion to hear item 9-D out of order, seconded by Sime unanimous_ The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. At the request of Councilman Sime, Clerk Inguanzo read the names of the persons appointed to. the Local Planning Agency's Zoning Code Review Committee. The members appointed were: Julie Alvarez, Wilfredo Borroto; Eduardo Chamorro; Debra Deleon; Raul Llorente; George Mantilla; and Debra Neve. Councilman Hill was appointed as chairman and non -voting member of that committee. Councilman Sime presented a schedule of future Local Planning Agency meetings. Councilman Hill excused himself from the meeting at 10:00 p.m. Page 4 of 7 9. REPORTS submitted. June 8,1993 AND RECOMMENDATIONS: The following reports were 9-A. . VILLAGE ATTORNEY: Attorney Weiss stated that the Sunshine Lawhas been amended to exempt litigation meetings from the law. 9-B. VILLAGE CLERK: Clerk Inguanzo stated that the mayor has issued proclamations recognizing "Kids Fishing Tournament Weekend" and "Emerson Fittipaldi Day." Councilman Sullivan requested -that a proclamation be- .issued for Al Del Greco, a kicker for the Houston Oilers,, who has/donated his proceeds from a golf tournament to:the Key Biscayne Athletic Club. The Council concurred that the mayor present a proclamation to Mr. Del Greco. Clerk Inguanzo presented the seal designs submitted prior to the Council's deadline of April 1, 1993. The Council concurred to make a decision regarding the selection of a seal despite Councilman Hill's absence_ Bill Durham, 748 Glenridge Road, requested that the Council change the current heraldic seal and spoke in support of the seal submitted by Jim Brewster. Jim Taintor, 355 Harbor Drive, spoke in support of the Brewster seal. JbAnn Young, 600 Harbor Drive, requested that the Council select a new seal and also spoke in support of the Brewster seal. Tim Stickney, 285 Woodcrest Road, spoke in support of the Brewster seal. Michelle Padovan, 425 Grapetree Drive, spokein support of selecting.a contemporary seal. Raul Llorente, 345 Cypress Drive, requested that the Council select a, -.new seal. Nancy Tellam, 270 Greenwood Drive, also spoke in support of the Brewster seal. Jim Brewster, 500, North Mashta Drive, requested that the Council consider his seal design. Councilman Fried made a motion to phase -in the adoption of the Brewster, seal, seconded by Mayor Conte. The motion was adopted by a s6 0 roll call vote. The vote was as follows: Councilmembers Fried,,. Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 9-C. VILLAGE MANAGER: Manager Kissinger discussed his Beautification Program. The manager discussed the proposed lease with the Dade County School Board for the Key Biscayne Elementary School's play fields. Councilman Rasco raised a concern regarding a provision in the lease prohibiting carnivals. Principal Rider addressed the board on the matter. Mr. Grossman also addressed the Council regarding the lease. Manager Kissinger submitted an update on grant request by the Village. Page 5 of 7 June 8, 1993 The manager also announced that the county has scheduled a public hearing to discuss the Crandon Park master plan on June 18 and July 13, 1993. Councilman Sime recommended that the Village host 'a meeting with the Matheson family and county representatives to discuss the matter. Councilman Rasco requested that` staff'- prepare a presentation for the county's committee meeting on June 18th. Manager Kissinger reported that the trash transfer station issue is being discussed With the county. Vice Mayor Brody stated :that the county, Should;tprovide regular pick-ups instead of a` transfer station: Councilman Sullivan stated that the"cdunty'is required, under the transitional agreement,' -to provide; a station within a half mil'e`•of the Village. The manager requested that the Fire Chief discuss the selection of a fire station site. Chief Huddleston made a presentation to the Council. The 'manager recommendiod the' selection of the Rebozo property as the site tor the station. Vice Mayor'Brody, made a motion to approve the selection`of the Rebozo property as the site for the fire station, seconded by"Councilman Fried'. The motion was adopted by a unanimous voice vote.' The vote was as"follows: Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting .Yes.: The Council also concurred; to have red fire trucks. The manager presented the following informational reports: departmental reports; the monthly financial statement a memorandum from the Finance Department regarding revenue losses based on the 1993 assessment roll estimate; and an article from Miami Today regarding incorporation efforts by areas of unincorporated Dade County. 9-D. Mayor and Councilmembers: Chairman Sime requested that Building Official Dan Nieda discuss the lighting situation at the Winn -Dixie shopping Center. Building' Official Nieda made a brief presentation. 10. RESOLUTIONS:' There were no resolutions considered .by the Council. 11. COMMITTEES: There were no committee reports submitted to the Council. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council. 13. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was submitted to the. Counciland public. Page 6 of 7 June 8, 1993 14. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. Approved, as amended, this Z2r.,& day of , 1993 Village C 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, HE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS DUDE, 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, JUNE 22, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR Prior to the meeting, members of the Council participated in a walk-through tour of the police station, located at 85 West Enid Drive, together with Manager Kissinger and Emergency Services Director Flaherty. 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Emergency Services Director Michael Flaherty, Fire Chief William Huddieston, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: Anne Owens, Publisher of the Islander News, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: Vice Mayor Brody requested that Page 6, paragraph two, second sentence, the word "can" be replaced by "should." Councilman Sullivan made a motion to adopt the minutes of the meeting of June 8, 1993, as amended. The motion was seconded by Mayor Conte and adopted by a unanimous voice vote. The vote was as. follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 5. AGENDA: There were no changes to the agenda. 6. PUBLIC COMMENTS: There were no comments from the public. 7. ORDINANCES: Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE; PROVIDING FOR DEFINITIONS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; ESTABLISHING A STORMWATER UTILITY FEE; ESTABLISHING A METHOD AND PROCEDURE FOR THE Page 1 of 9 June 22, 1993 COLLECTION OF.STORMWATER UTILITY FEES; DIRECTING THE VILLAGE MANAGER TO, MAINTAIN CERTAIN RECORDS; PROVIDING FOR REPEAL OF' CONFLICTING ORDINANCES PROVIDING FOR SEVERABILITY,'INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Attorney Weiss presented an alternate ordinance. Carlos Penin, Village Engineer, made a presentation regarding the alternate ordinance. Anthony Nolan, president of Williams, Hatfied and Stoner, the Village's stormwater masterplan consultant, addressed the Council. regarding the proposed alternate ordinance. Conchita Suarez, 201 Crandon Boulevard, addressed the Council. Sean Fisher, representing the Key Colony Homeowners Association, 1450 Madruga Avenue, Coral Gables, spoke in opposition to the ordinance. There was extensive discussion by the Council regarding Mr. Fisher's comments. Martha Broucek, 77 Crandon Boulevard, representing Ocean Lane Condominium, spoke in support of the ordinance. Camille Guething, 260 Seaview Drive, addressed the CouncilJsregarding the assessment of the utility on the church properties. Nancy Doke, 170 Ocean Lane Drive, spoke in support of the ordinance. Donald Meyers, 100 Ocean Lane Drive, also spoke in support of the ordinance. Councilman Fried made a motion to adopt the alternate ordinance. Councilman Sullivan offered an amendment deleting sub -section b (3) of Section 4. Attorney Weiss recommended designating church properties with a zero E.R.U. Councilman Fried amended his motion to reflect the attorney's comments. Councilman Sullivan seconded the amended motion. Engineer Penin made further comments regarding the ordinance. Members of the Council further discussed the matter. Attorney Weiss stated that the Council could amended this ordinance in the future if it became necessary. The Fried motion, adopting the amended alternate ordinance, on second reading, passed by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice, Mayor Brody, and Mayor Conte voting Yes. 8. BUILDING AND ZONING: Hearing Number 93 -6 -SC -1: The applicant, VSLFII Key Biscayne Hotel. Corporation & VMLPIII Key Biscayne Limited Partnership, requested a substantial compliance determination, in accordance with the plans approved by Dade County Resolution Number Z -127 - Page 2 of 9 June 22, 1993 91, for the plans stamped and received May 16, 1993, regarding the property located between East Enid Drive and Seaview Drive and between Crandon Boulevard and the Atlantic Ocean. Community Development Director Sobrino made a presentation. She stated that the plans, within the scope -of the project, are in substantial compliance. Eric Nesse, 750 Ocean Drive, representing the applicant, addressed the Council. Gabriel Salazar, of Mouriz Salazar and Associates, and John Flury, of KTGY Group, both architects on the project, also addressed the Council. Vice Mayor Brody made a motion -finding -the plans in substantial compliance -pursuant to any recommendations of the Village's Fire Rescue Chief and that any such recommendations be incorporated in the plans, provided that such recommendations be accomplished and the plans still be in substantial compliance in the opinion of the Village's Community Development Director. The motion was seconded by Councilman Fried and adopted by a unanimous roll call vote:. The vote was as follows: Councilmembers Fried, Hill, Basco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Hill made a motion to hear an additional item relating to the Key Biscayne Hotel and Villas. Councilman Sullivan seconded the motion which was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Judy Reinach, 365 Harbor Lane, requested permission to make a fifteen minute presentation to the Local Planning Agency (L.P.A.) on Thursday, June 24, 1993. Attorney Weiss stated that the L..P.A. will have to consider that request on Thursday. Hearing' Number 93 -6 -VC -2: The applicant, Jefferson National Bank, requested a conditional permit for the installation of a 24' X 60' double wide trailer banking facility for the period December 1, 1991 through and including September 30, 1993, regarding the property located at 606 Crandon Boulevard. Community Development Director Sobrino made a presentation. Rudy Garcia, 60.6 Crandon Boulevard, representing the applicant, and Richard Ober, 301 41st Street, Miami Beach, of Jefferson National Bank, addressed the Council. Page 3 of 9 June 22, 1993 There was brief discussion by the Council regarding the application. Councilman Rasco made a motion to approve the request pursuant to the followingthree conditions detailed by the Community Development Director's recommendaton: that the applicant apply for and obtain the temporary Certificate of Use and Occupancy prior to June 30, 1993; that the time period for the Demolition Cash Escrow Agreement with the Village be amended through October 15, 1993 prior to the extension of the Certificate; and that the illegal wall signage on the permanent store unit be: removed by July 6, 1993; The motion was seconded by Councilman Fried. The motion failed to pass on 3 4 roll call vote. The vote was as follows: Councilmembers Rasco, Sime and Mayor Conte voting Yes. Councilmembers Fried, Hill, Sullivan, and Vice Mayor' Brody voted No. Councilman Hill made a motionto approved the request pursuant to the following four conditions detailed by the Community Development Director's recommendation: that the applicant apply for and obtain the temporary Certificate of Use and Occupancy prior to June. 30, 1993; that the time period for the Demolition Cash Escrow Agreement with the Village be amended through October 15, 1993 prior to the extension of the Certificate; that the illegal wall signage on the permanent store unit be removed by July 6, 1993; and that a photometric study of the site lighting for the shopping center be submitted, to the Village by July 6, 1993. The motion was seconded by Councilman Fried and was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilmembers Rasco and Sime voted No. 9. REPORTS AND RECOMMENDATIONS: 9-A. VILLAGE ATTORNEY: The attorney briefly addressed the Council regarding the adoption of. state law exempting litigation discussions from the Sunshine Law. Councilman Fried made a motion that the Council meet, at a future date, in an executive session,: pursuant to the new state law, to discuss current litigation matters affecting,the Village. The motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 9-B. VILLAGE CLERK: The clerk reported that no proclamations had been issued, by the mayor in the past two weeks. Page 4 of 9 June 22, 1993 9-C. VILLAGE MANAGER: Manager Kissinger recognized Gail Boorman, Village Landscape Architect, who made a presentation to the Council regarding a neighborhood public landscaping _plan. Councilman Rasco requested the cost of maintaining such a program and a list of priorities for implementing it. Conchita Suarez, 201 Crandon Boulevard, addressed the Council regarding this matter. The manager discussed the agreement with the Florida Department of Transportation for implementation of the beautification project for Crandon Boulevard. Manager. Kissinger stated that bids have been received for implementation of the Comprehensive Tree Planting Plan. Councilman Fried made..a motion to award thebid for street tree ,planting, in an amount not to exceed $400,000, to Vila and Son Landscaping, Miami, Florida. The motion was seconded by councilman Sime and,adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Shirley Brill, 550 Ocean Drive, addressed the Council. The manager recognized Emergency Services Director Flaherty who made a presentation to the Council regarding the police station site plan.., Fire Chief Huddleston also addressed the Council and provided a progress report on the Fire Rescue Department. Manager. Kissingerrequested a motion approving installation of beach signs. Councilman Sullivan made a motion to waive competitive bidding requirements, in accordance with Ordinance 92-15, and award the contract to install pilings and signs (No Boats/Swim Area) at six (6) locationsseaward of the Key Biscayne Beach in an amount not to exceed,$1.8,000. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The manager recognized Laurie Tessler, Recreation Director, who made a presentation regarding the Celebration '93 summer program. Manager Kissinger requested a motion approving computer networks for the Community Development and Emergency Service Departments. Councilman Hill made a motion authorizing the Village Manager to purchase a computer network, -at a cost not to exceed $18,895.00, from Dell Computers, Austin, Texas, and CompUSA, Miami, Florida, pursuant to state contracts, and waive competitive bidding Page 5 of 9 June 22, 1993 requirements, pursuant to Ordinance 92-15, and purchase software, at a cost not to exceed $36000.00, from Sierra Computer Systems, Tnc., Orlando,Florida, for the Community Development Department, and authoring the Village Manager to purchase a computernetwork, ata cost not to exceed $23,756.00, from Dell Computers, Austin, Texas, and CompUSA, Miami,. Florida,, pursuant to state contracts, for the Emergency Services Department. The motion was seconded by Councilman Sime and adopted by,a unanimous voice vote_ The vote was as follows: Councilmembers Fried, Hill,°`Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The manager presented a list of proposals submitted to the Village in response to a request for professional services to draft land use regulations for the single family residential, area. Vice Mayor Brody made a motion to reject all bids.'' The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime,-Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Manager Kissinger recognized Yoceiyn Galiano, assistant to the manager, who made a presentation regarding the homeowner grant application procedure for compliance with flood plain elevation. 9-D. MAYOR AND COUNCILMEMBERS: Councilman Sime reported' that the Local Planning Agency will be meeting on June 24, 1993. Councilman Rasco briefly discussed the role of consultants on Village projects. He stated that procedures for justifying the use of consultants be adopted by the Council..' Councilman Rasco requested that the Recreation Department research the possibility' of creating an active water -related safety and recreation program.'` Councilman Sullivan discussed the agenda for the upcoming Council workshop on June 29, 1993. 10. RESOLUTIONS: Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. Page 6 of 9 June 22, 1993 Councilman"Fried'made'a motion to adopt the resolution, seconded by Councilman Sime. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan,`' Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE TO CONTINUE, PARTICIPATION IN THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM`(NPDES); PROVIDING FOR AN EFFECTIVE DATE. Councilman Hill made a motion to adopt the resolution, seconded by Councilman Fried. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers'Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The mayor read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING MINIMUM PERMIT FEES AND ROOFING PERMIT FEE; PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Sobrino discussed the change in the fee schedule.. Vice Mayor Brody made a motion to amend the resolution and only adopt the roofing permit fee section. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: ''Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A -LEASE FOR FIRE RESCUE OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the resolution and authorize the manager to execute the agreement in a form acceptable to the Village Attorney, seconded by -Councilman Fried. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sims, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Page 7 of 9 June 22, 1993 11. COMMITTEE REPORTS: There were 110 committee reports Submitted. 12. OTHER BUSINESS/GENERALDISCUSSION: business discussed. There was no further 13. SCHEDULE OF FUTURE,. MEETINGS: The following schedule of future meetings was presented to the Council and public: SPECIAL LOCAL PLANNING AGENCY MEETING (L.P.A.)_ THURSDAY, JUNE 24„ 1993, 7:00 P:M, COUNCIL CHAMBER DADE LEAGUE OF CITIES INSTALLATION DINNER FRIDAY, JUNE 25, 1993, 7:00 P.M. BI,LTMORE HOTEL, CORAL GABLES, SPECIAL LOCAL. PLANNING AGENCY MEETING (L.P.A.) WEDNESDAY, JUNE 30, 1993, 7:00 P.M. COUNCIL CHAMBER SPECIAL LOCAL. PLANNING AGENCY MEETING (L.P.A.) THURSDAY, JULY' 8, 1993, 7:00 P.M - COUNCIL CHAMBER DADE COUNTY COMMISSION MEETING (CRANDON PARK) TUESDAY, JULY 13, 1993, 9:00: A.M. METRO DADE CENTER, 111 NORTHWEST 1 STREET, MIAMI VILLAGE COUNCIL MEETING TUESDAY, "JULY 13, 1993, 7:00 P.M., COUNCIL CHAMBER SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JULY 27, 1993, 7:00 P.M. COUNCIL CHAMBER FLORIDA" LEAGUE OF CITIES ANNUAL CONVENTION AUGUST, 12-14, 1993 BROWARD COUNTY CONVENTION CENTER, FT. LAUDERDALE VILLAGE COUNCIL MEETING TUESDAY, AUGUST 10, 1993, 7:00 P.M. COUNCIL CHAMBER; SPECIAL VILLAGE COUNCIL MEETING TUESDAY, AUGUST 24, 1993, 7:00 -P.M. COUNCIL CHAMBER Page 8 of 9 June 22, 1993 14. ADJOURNMENT: The meeting was adjourned at 11:15 p.m. Approved this f3 day of Cr 1993 Villag4 Clerk 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, HE 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 9 of 9 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 29, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The workshop meeting was called to order by Mayor Conte at. 4:15 p.m. Present were Councilmembers Mortimer Fried, Joe Rasco (arrived at 4:40 p.m.), Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Councilman Michael Hill was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Joseph Serota. 2. DISCUSSION: Manager Kissinger made a brief presentation regarding the proposed capital program. Councilman Fried stated that the Council should define and establish a list of goals and objectives. Percy Aguila, with Guzman & Company, the Village's financial advisor, addressed the Council. Vice Mayor Brody stated that a certain percentage of each annual budget should be allocated to a contingency fund. Councilman Sullivan recommended that funds be allocated for capital projects determined by a Council priority list. Councilman Rasco discussed the adoption of goals. The Council discussed the following short term goals (July 1993 to September 1994): Beautification - Crandon Boulevard ($450,000) - street trees ($158,000) - Neighborhood Public Landscaping plan ($400,000) - sodding ($100,000) Recreation - Calusa Park improvements (operating budget) Local Planning Agency Capital Improvements - tree farm ($.900,000/per year for twenty years) - sanitary sewers evaluation'(operating budget) Page 1 of 3 June 29, 1993 Public Works - stormwater sewers `(operating budget) - organization of department (operating budget) - litter clean-up and maintenance (operating budget) - garbage (operating budget) - refuse (trash transfer station problem) - street signs study" - road re -construction study following intermediate term goals (eighteen months to thirty months) were discussed: Beautification - Fernwood Road study - Harbor Drive study - Ocean Lane Drive ($100,000) Recreation - Calusa Park Expansion Local Planning Agency Capital Improvements- - sanitary sewers - pedestrian/bicycle paths study - community center - Village center bay/beach access - underground wiring Public Works - garbage collection - road re -construction - street lighting Councilman Fried made a motion directing the manager to allocate funds in the amount of $1.1 million to implement the beautification projects outlined in the short term goals. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Vice Mayor Brody made a motion directing the manager to allocate $400,000 for police/fire equipment and buildings. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers'Fried, Basco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Sullivan recommended that the Council adopt policies relating to debt service. Page 2 of 3 3. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. Approved this 1t3jrL day of Village erk Mayor , 1993 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE CF KEY BISCAYNE, FLORIDA FRIDAY, JULY 2, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by Mayor Conte at 6:00 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, and Mayor Rafael Conte. Councilman Raymond Sullivan and Vice Mayor Clifford Brody were absent. Also present were Village Manager Sam Kissinger and Finance Director Jack Neustadt (serving as the recording secretary). Councilman Fried made a motion authorizing the Village Manager to execute an access and indemnification agreement with VSLF II Key Biscayne Hotel Corporation and VMLP III Key Biscayne Villas Limited Partnership in connection with the Village's fireworks display on their property on July 4, 1993. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, and Mayor Conte voting Yes. The meeting was adjourned at 6:05 p.m. Adopted this 1?tt day of e J , 1993 Village 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 TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE BASED. MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 13, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:30. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Emergency Services Director Michael Flaherty, Fire Chief William Huddleston, Finance Director Jack Neustadt, and Community Development Director Robin Sobrino. 2. INVOCATION: Anne Owens, publisher of the Islander News, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: Councilman Rasco made a motion adopting the minutes of the special meeting of June 22, 1993, the workshop meeting of June 29, 1993 and the special meeting of July 2, 1993, as submitted. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 5. AGENDA: Councilman Rasco made a motion adding discussion of an item regarding a joint study to be completed by the Village and the county manager to review alternate plans for athletic fields on Key Biscayne. The motion was seconded by Mayor Conte and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Vice Mayor Brody made a brief presentation regarding a meeting held that morning by the county commission concerning the Calusa Park master plan. Councilmembers Rasco and Sime also made comments regarding the county commission's action. Councilman Sime made a motion appointing Councilman Rasco as the Council liaison on the joint study with the county. The motion was seconded by Mayor Conte and adopted by unanimous consent. Page 1 of 7 1 Q July 13, 1993 6. ORDINANCES: Mayor Conte read the following ordinance, on first reading; by title: AN ORDINANCE OF TEE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING AND ENACTING A NENt VILLAGE CODE; PROVIDING PENALTIES FOR VIOLATIONS OF TBE CODE; PROVIDING FOR INCLUSION IN THE CODE OF FUTURE ASS AND PROVIDING FOR MT EFFECTIVE DATE. Attorney Weiss briefly discussed the ordinance. Councilman Fried :made a motion to adopt the ordinance on first reading. The motion was seconded by Mayor Conte and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody; and Mayor Conte voting Yes.` Clerk Inguanzo announced that the seconded reading Will be held July 27, 1993, at 7:00 p.m. 7. BUILDING AND ZONING: The following items were considered by the Council. Hearing Number 93 -7 -VC -1: The applicant, Jefferson National Bank (as tenant) and F`.I.R.C. Devco, Inc. (as owner)`, 606 Crandon Boulevard, requested a time extension for correcting the excessive lighting situation for the :newly constructed shopping center. Community Development Director Sobrino recommended approval of the 'extension, Tony Fraga, 141 Solano Prado, Coral Gables, the owner and developer .of the property, addressed the council and stated that he is amenable to resolving the lighting situation. Albert Fraga, 4550 `Southwest 68 Court Circle, the manager of the property, also addressed the Council: Jeff Krell, 575 Sabel Palm Drive, spoke in support of the Application. Martha Broucek, 170 Ocean Lane Drive, stated that the developer should comply with the wishes of the Council. Councilman Sullivan made a motion adopting staff's recommendation and granting a ninety day temporary certificate of occupancy. The motion was seconded by Councilman Rasco. Mr. Fraga offered to post a bond with the Village assuring the replacement of the lighting at the shopping center. Vice Mayor Brody offered an amendment to the Sullivan motion requiring that the property owner post a $3,500.00 bond and that an Page 2 of 7 July 13, 1993 extension be granted until August 31, 1993 with a $100.00 fine per day accruing beyond the deadline period until the situation is rectified. Councilman Sullivan accepted the amendment to his motion. The amended Sullivan motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Hearing Number 93-GF-1: The applicant, Village of Key Biscayne Emergency Services Department, requested the authorization for the remodeling and expansion of an existing police station complex and construction of a fire rescue complex to include a 736 square foot storage room/emergency generator room addition to the existing police station, a 6' diameter roof mounted satellite dish antenna, 36' X 60' prefabricated police/fire rescue administration structure and approximately 1,000 square foot storage facility for the police station and a 36' X 60' prefabricated dormitory, and a 38' X 60' prefabricated apparatus room and fuel storage tank for the proposed fire rescue complex, at the property located east of Fernwood Road between West McIntyre Street and West Enid Drive. 0 Building Official Dan Nieda, serving as the architect on the project, made a presentation to the Council. Councilman Fried made a motion approving the request, seconded by Vice Mayor Brody. 'Councilman Sime stated that the manager should advise the county of the Village's intent to build its own facility. The Fried motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody,. and Mayor Conte voting Yes. 8. REPORTS AND RECOMMENDATIONS: 9-A. Village Attorney: The attorney did not submit a report. 9-B. Village Clerk: The clerk reported that Mayor Conte had not issued any proclamations during the past few weeks. 9-C. Village Man-ger: The manager introduced Bill Brandon, representing Miami -Dade Water and Sewer Authority, who made a presentation regarding the replacement of the main sanitary sewer line, located under Biscayne Bay; which is connected to the Virginia Key sewer plant. Page 3 of 7 July 13, 1993. Village Engineer Carlos Perlin -made a presentation; regarding county ;-imposed sanitary sewer connection restrictions. Manager Kissinger requested Council action on the Ocean Drive public landscaping plan, William Croysdayle, 550 Ocean Drive, spoke in support of the limited parking proposal - Plan A. Michael Kahn, 881 Ocean Drive, spoke in support of Plan B, Steve Miner, 590 Ocean Drive, also spoke in support, of that proposal. Conchita Suarez, 201 Crandon Boulevard, spoke in opposition to providing parking in swale areas and in support of Plan B. Shirley Rrill, 550 Ocean Drive, also spoke in opposition to parking spaces in the Swale area, The Council concurred that a decal system be implemented for use of the parking spaces in the swale area. Councilman Sullivan made a motion to adopt Plan A, seconded by Councilman Hill, The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hall,Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The, manager reported that the county has approved the beautification plans. of Crandon Boulevard. He is awaiting approval from the state. The manager stated that sod replacement bids are due by July 16, 1993 Manager Kissinger reported that Gorgeous Lawns has been hired to provide clean-up of the beach three times a week. He also stated :that the dune restoration plan will not begin until the end of the sea turtle nesting season. The manager announced that the Street Tree Planting Plan ground breaking ceremony will be held on Wednesday, July 2.8, 1993; at 5:30, p.m. The manager' reported that a solid waste transfer station has been opened by the county on Virginia Key. The manager also reported that signs out -lining beach rules will be installed by August 2, 1993 and similar ocean signs will be installed during the week of August 16, 1993. Discussion of the adoption of a financial policy was deferred until the next meeting of the Council. Councilman Fried made a motion to waive competitive bidding requirements, in accordance with ordinance 92-15, and authorize the :.Village Manager to purchase two (2) defibrillators at a cost of $13,669.00 per unit for a total cost of $27,338.00 -- from a City Page 4 of 7 D July 13, 1993 of Miami contract. The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote. The motion was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Building Official Nieda made a brief presentation regarding the illegal wall erected at 714 Fernwood Road. Manager Kissinger briefly discussed the preliminary 1993-1994 fiscal budget. The manager recommended that the second meeting in August be cancelled. The special meeting of August 24, 1993 was cancelled by the unanimous consent of the Council. It was the consent of the Council to authorize the manager to hire a consultant to prepare a specific grant application for F.E.M.A. funding. The manager submitted the following informational reports: Departmental reports; the monthly financial statement; a memorandum from County Manager Joaquin Avino regarding the Crandon Park Master Plan; and a memorandum from Finance Director Jack Neustadt regarding the status of treasury bonds investment. 9-D. Mayor and Councilmembera: Councilman Sime announced that the Local Planning Agency will meet on Tuesday, July 20, 1993. Councilman Hill discussed the issue of capital improvements. He stated that the Council, and not the Local Planning Agency, should be responsible for capital projects. He also proposed that staff begin a feasibility study for the establishment of a Village Center. After extensive discussion, Councilman Hill made a motion authorizing the Village Manager to conduct a feasibility study for a Village Center. The motion was seconded by Vice Mayor Brody and adopted by a. 6 1 voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Rasco voted No. Councilman Hill briefly discussed the creation of basketball program by the Recreation Department and improvement of the basketball courts at the school facility. Councilman Rasco excused himself from the meeting at 10:10 p.m. Page 5 of 7 July 13, 1993 9. RESOLUTIONS: Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE SUMMERFEST VOLUNTEERS; PROVIDING FOR AN EFFECTIVE , DATE. Councilman Hill made a motion adopting the resolution. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR INTEREST RATE, TERMS, MATURITY, AND OTHER DETAILS OF INDEBTEDNESS IN THE AMOUNT OF UP TO $1,000,000 AS APPROVED BY ORDINANCE ADOPTED ON MAY 25, 1993; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Councilman Sullivan made a motion adopting .the resolution. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 10. COMMITTEES: There were no committee reports submitted. 11. OTHER BUSIIESS/GENERAL DISCUSSION: Councilman Fried discussed the on -going code enforcement problems at 200 Crandon Boulevard. Community Development Director Sobrino addressed Councilman Fried's concerns. Ms. Broucek congratulated the Council on their efforts 9n behalf of the Village regarding the Crandon Park master plan. 12. SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public. 13. ADJOURNMENT: The meeting was, adjourned at 10:20 p.m. Page 6 of 7 July 13, 1993 Approved this 2 day of .., 1993 Village erCl k Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MArieR CONSIDERED AT A 1! TJG OR HEARING, THAT PERSON WILL 1EID A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY AWED TO ENSURE THAT A VERSATIM RECORD OF THE • PROCEEDINGS IS MADE, WiICS RECORD INCLUDES THE TESTMONY 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, JULY 27„ 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor- Conte at 7:15 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Betty Sime, Raymond Sullivan, Joe Rasco, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Villagee-Clerk Guido Inguanzo, Village Attorney Steve` Helfman; Emergency Services DirectorMichael Flaherty, Fire Chief William Huddleston, Finance Director Jack Neustadt; Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler. 2. INVOCATION: Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge. 4. APPROVAL OF MINUTES: The minutes 'of the meeting of July 13, 1993 were approved by the unanimous consent of the Village Council. S AGENDA: There were no changes to the agenda. 6. SPECIAL PRESENTATIONS: Mayor Conte and the Council made a presentation of a proclamation designating July 27, 1993 as Al Del Greco Day to Mr. Del Greco's parents. The mayor and Council also presented a copy of Resolution 93-31 to the following SUMMERFEST Volunteers: Ernie Cambo; Jennifer Hades; Yocelyn Galiano; Asela Martell -Molina; and AimeeSanchez. 7. PUBLIC COMMENTS: There were no speakers. 8. ORDINANCES: Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING AND ENACTING A NEW VILLAGE CODE; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE CODE; PROVIDING FOR INCLUSION IN THE CODE OF FUTURE AMENDMENTS AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 6 July 27,, 1993 Mayor Conte opened the public hearing: There were no speakers present. Councilman Fried made a motion to adopt the ordinance. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote. The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 9. BUILDING AND ZONING: There were no building and zoning items considered by the Council. i0. REPORTS AND RECOMMENDATIONS: The following reports were submitted:' Village Attorney: Attorney Heitman reported on the efforts of the Dade County Police, Benevolent Association and the Miami Fraternal Order of Police to unionize the Village's police department. Each union has petitioned the state, agency responsible for calling an election on the matter. Village Clerk: The clerk reported that Mayor Conte issued a proclamation designating July 27, 1993 as Al Del Greco Day. Clerk Inguanzo also; reported that the.qualifying period for the 1993 municipal elections will be from 12:00 Noon, Wednesday, August 11, 1993 through, 12:00 Noon, Saturday, August 21,. 1993. The clerk submitted a petition received in his office regarding the poor condition of,a tennis court at Calusa Park. Julio Avello, 421 South Mashta Drive, addressed the Council regarding the condition of the court and asked for the Council to 'resolve the matter. Councilman Sullivan recommended that the manager restore the tennis, court to its original surface. Dan.DePaul, 177 Ocean Lane Drive, also addressed the Council on this matter. The clerk requested -an approval for vacation time starting August 23, 1993 through September, 3, 1.993. Vice Mayor Brody made a motion authorizing the vacation time for the Clerk. Councilman Hill seconded the motion which was adopted. by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Village Manager: The manager discussed the Village's beautification program - Page 2 of 6 July 27, 1993 Councilman Hill made a motion to award a contract to Universal Beach Service Corporation to clean the Atlantic Beach and authorize the mayor to execute said contract. The motion was - seconded by Councilman Sime and -adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor:Brody, and Mayor Conte voting Yes', The manager announced that a tree planting ceremony will be scheduled in the near future pending final approval from F.E.M.A. regarding the funding of the project. Councilman Sime made a motion to award' a contract to Vila and Sons Landscaping for sod installation and replacement at a cost of $0.385 per square foot. The motion was seconded by Mayor Conteand adopted by a unanimous voice vote. The vote was as follows: Councilmembers` Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Manager Kissinger presented a grant report' update. He discussed a hazardous mitigation grant program and an economic development grant program. The manager "discussed the purchase of a bus for the Recreation Department. Councilman Rasco inquired about the operating cost for the vehic=e. Vice Mayor Brody made a motion authorizing the Village Manager -to -purchase a passenger van from Arkansas Bus Exchange in an amount not to exceed $37,116.000. The motion was seconded by Councilman Hill' and -adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting yes. The manager recognized Fire Chief Huddleston who gave a progress report on the Fire Rescue Department. Emergency Services Director Flaherty also addressed the Council and gave an update on the establishment of the police and fire facilities. Manager Kissinger -made a request for vacation time on August 23 -27, 1993, November -22 - 26, 1993 and December 23 - 31, 1993. Councilman Hill made a motion'to approve the request. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco,-Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The manager reported on the establishment of a basketball program through the Recreation Department. Page 3 of 6 July 27; 1993 The, manager presented a financial policy for the consideration of 'the Council. Councilman Sullivan recommended a workshop session to ,review the matter. The Council also briefly discussedthe process Aby:whi-ch the 1993-1994 budget will be reviewed.F, The manager briefly discussed a proposal by Frank Garisto to provide additional public information via weekly video-taped programs to air on Adelphia Cable television. The manager also discussed a letter from Ronald Mastriana regarding the Sheraton Royal Biscayne D.R.I. venture. Attorney Helfman addressed the Council on the matter, Mr. Mastriana, 2750' -North Federal Highway Fort Lauderdale, also addressed ,the; Council. Manager Kissinger, presented thefollowing items for the Council's information: a letter from Miamiµ Beach Commissioner DavidPearlson regarding the county's homeless task force; a letter from Marilyn Borroto`regarding the Village's SUIYIMERFEST activities; a press release from the Metro -Dade Solid Waste Management. Department regarding the transfer station located on Virginia Key; a copy of the minutes from the Metro -Dade County commission meeting of July 13, 1993 concerning the Crandon Park master plan; a letter from Mark Galloway regarding Adelphia Cable. Company's, service; an articlefrom. the Miami Herald regarding the Village's proposed budget a report, from James Barker of the Dade County League of Cities; a press release from Economic Development Director. Susan Gregorie regarding the Village's Heartride event; and a copy of a check from Metro Dade County in the amount of $570,605.11 representing the Village's share of the F.P.L. franchise fee. MAYOR AND COUNCILMEMBERa: Councilman Sime announced that the next meeting of the Local Planning Agency will be on Tuesday, August 17, 1993. Councilman Hill presented the names of William Wilson and James Dowd for appointment as Special Masters. Mayor Conte accepted Councilman Hill's recommendation and nominated William Wilson and James Dowd, as Special Masters. Councilman Hill made a motion to appoint -James Dowd as a Special Master. The motion was seconded by Councilman Sullivan and adopted, by a unanimous voice vote. The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes.- Councilman Hill withdrew the nomination of William Wilson. Councilman Hill discussed the possibility of establishing a Village shuttle service. The manager addressed the Council regarding a study he conducted for determining the cost of such a program. Manager Kissinger stated that he will further study the matter. Page 4 of 6' t3= July 27, 1993 Councilman Sullivan inquired about the activities of the Community Development Department. Community Development Director Sobrino and Building Official Dan Nieda made a presentation •regarding the department. Shirley Brill, 550 Ocean Drive, addressed the Council regarding the matter. Councilman Sime discussed the violation of local park standards by the D.R.I. properties as a result of the county's action regarding the Crandon Park master plan. She requested that the Village Attorney study the feasibility of imposing a building moratorium on the D.R.I., properties until the park land issue can be -resolved-. Nancy Malloy, 605 Ocean Drive, addressed the Council. Eric Nesse, 750 Ocean Drive, representing the Key Biscayne Hotel and Villas project, and Mr. Mastriana also addressed the Council. Councilmembers Fried, Hill and Vice Mayor Brody spoke in opposition to a building moratorium at this time. Vice Mayor Brody recommended that the Village Attorney determine whether the Village has a legal cause of action against the county regarding the matter. Conchita Suarez, 201 Crandon Boulevard, made additional comments on the issue. Councilman Sime briefly discussed a public awareness program to begin the elimination of invasive exotic plants from the Village. 11. RESOLUTIONS: Mayor Conte read the following resolution by titles, A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE 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 VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQ TTREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Councilman Rasco made a motion to adopt the resolution. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 12. COMMIrrEN REPORTS: Councilman Hill made a brief presentation regarding the, Zoning Code Review Committee. 13. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. Page 5 of 6 July 27, 1993 14 . samou E or FUT[JRE MEETINGS AND 'EVENTS: A schedule of future meetings and events was presented to the Council and public. i5. ADJOURNMENT: The meeting was adjourned at 10:15 p.m. 1993 Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCILWITH RESPECT TO ANY 1L4n %R CONSIDERED AT A 1WESTIl!G OR -.HEARING, HE 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 UPWARD= THE APPEAL IS TO DEBASED. Page 6 of 6 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 10, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Clerk Inguanzo at 7:10 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, and Raymond Sullivan. Vice Mayor Clifford Brody and Mayor Rafael Conte were absent. Also present were Village Manager Sam Kissinger, Village' Clerk Guido Inguanzo, Village Attorney Richard Weiss, Emergency Services Director Michael Flaherty, Fire Chief William Huddleston, Community IDevelopment Director Robin Sobrino, and Recreation Director Laurie Tessler. - Due to the absence of the mayor and vice mayor, Councilman Sullivan made a motion appointing Councilman Hill as the Mayor Pro Tem. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime and Sullivan voting Yes. 2. INVOCATION: Father Robert Libby, of St. Christophers-by-the- Sea, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Hill led the Pledge. 4. MINUTES: Councilman Fried made a motion adopting the minutes of the meeting of July 27, 1993, as submitted. The motion was seconded by Mayor Pro Tem Hill and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Pro Tem Hill voting Yes. 5. AGENDA: Councilman Sime added the discussion of school safety as Item 8-D-3. Councilman Fried added the discussion of an item regarding the Village Attorney as Item 8-A-3. There were no objections to the additions made to the agenda. 6. ORDINANCES: There were no ordinances considered by the Council. 7. BUILDING AND ZONING: Hearing Number 93 -8 -VC -1, applicant LuAnne Liederman, 375 Ridgewood Road, requested the following: Page 1 of 6 August 10; 1993 1. non-use variance of setback requirements to permit the continued use of an existing' single family residence to setback 6.8' (7.5' required) from the interior side -(north) property line; 2. non-use variance of set -back, requirementsto permit a proposed two story addition to setback 6.8' (7.5' required) from the interior side (north) property line; 3. non-use variance of setback requirements to. permit a proposed front porch addition to setback 18' (25''required) from the front (west) property line;, 4. non-use variance of setback requirements, to permit a proposed rear stairway addition to the residence to setback 21.25' (25' required) from the rear (east) property line; 5. non-use variance of setback requirements to permita proposed 10' X 12' shed to setback 2' (5' required) from the rear (east) property line, setback 2' (7.5' required) from the interior side (south) property line and to be spaced 2' (10' required) from an existing pool screen enclosure. Community Development Director Sobrino made a brief presentation and recommended approval of the first four requests -- subject to the following conditions: that the plans be substantially inaccordance with that submitted, for the hearing; the existing non -conforming utility shed and swing set be removed within ninety days of final hearing approval; that the remodelled residence conform to the requirements of the Village's Flood Protection Ordinance; and limit Floor Area Ratio to 50%. Community Development Director Sobrino also recommended denial of the fifth request. Carl Liederman, 375 Ridgewood Road, addressed the Council in support of the application. Martha Broucek, 170 Ocean Lane Drive, and Bill Ofgant, 512 Fernwood Road, also addressed the Council. Councilman Fried made a motion adopting staff's recommendation which was seconded by Councilman Sime. After brief discussion, the motion was adopted by a 4 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, and Mayor Pro Tem Hill voting Yes. Councilman Sullivan voted No. 8. REPORTS AND RECOMMENDATIONS: The following reports were submitted to the Council: Page 2 of 6 August 10, 1993 8-A. VILLAGE ATTORNEY: Attorney Weiss updated the Council on several pending litigation matters. The attorney advised the Council that he has written a letter to Santher, the company that installed the clay tennis court at Calusa Park, requesting that the court be removed and replaced with a standard surface. The attorney also informed the Council that Sean Fisher, 1450 Madruga Avenue, Coral Gables, representing the Key Colony Homeowners Association, has filed a protest against the Village regarding the stormwater ordinance and the assessment method adopted by the Village Council on June,22, 1993. Mr. Fisher briefly addressed the Councilsegarding the -issue. Attorney Weiss briefly discussed the upcoming elections concerning the possible unionization of the Police Department. The attorney discussed Councilman Fried's concern over the Village Attorney providing advise to citizens. Councilman Fried stated that if a citizen has a severe problem -- the issue should be addressed at a` Council meeting. Attorney Weiss stated that his office will continue to provide assistance to citizens at no charge to the Village. 8-B. VILLAGE CLERK: The clerk reported that no proclamations had been issued by the mayor in the past few weeks. 8-C. VILLAGE MANAGER: Manager Kissinger and Fire Chief Huddleston introduced the following officers of the Village's new Fire Rescue Department: Deputy Chief John Gilbert; Captain E.M. Cepeda; Captain Kenneth Grimes; Captain John Hplgerson; Lieutenant Thomas Dougherty, Lieutenant Christopher Nelson; and Lieutenant Karl Simon. The manager recognized Recreation Director Laurie Tessler who made a presentation regarding her department's progress. She also introduced Sports Coordinator Michael Bain. The manager presented an update on the Village's beautification program. .He reported the following: a tentative ground -breaking has been scheduled for the Crandon Boulevard project on September 10, 1993; the county will begin removing the palms in the median of Crandon Boulevard; staking for the street tree locations begins on August 11, 1993; the street tree planting ceremony will be held on August 16, 1993; sodding of swale areas will begin on August 17, 1993; and the beach cleaning by Universal Beach Service will begin on August 11, 1993. Page 3 of 6 August 10, 1993 Councilman Sime °made:,a-- motion, sawarding- a contract to F & L Construction Company, at a cost of $13_5:0 per foot (for approximately 1,000 feet), for curbing on Crandon Boulevard. The motion was seconded by Councilman.: Fried. and adopted by; a unanimous voice vote. The vote was as. follows: 'Councilmembers Pried, Rasco, Sime, Sullivan,: and Mayor Pro Tem Hill voting Yes. Manager Kissinger gave an update on grants requested by the Village. The manager recognized Fire Chief Huddleston and Police Chief Flaherty who gave an update on the Emergency Services Department` Councilman Sime made: a motion approving, the purchaseof furniture for the Emergency Services Department at a cost of $78,949.21.. The motion was seconded by Councilman Sullivan and adopted by a 4 - 1 voice vote. The vote was as follows: ..Councilmembers Fried, Sime, Sullivan, and Mayor Pro Tem Hill voting Yes. Councilman Rasco voted No. Councilman Fried made a motion to award a bid. to Interscope Contractors in the amount of $171,728 for construction of an Emergency Services complex: The motion was seconded by Councilman Sime and adopted by a 5 0 voice vote: The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Pro Tem Hill, voting Yes. Councilman Sullivan made a motion authorizing the purchase of a utility cart at a cost of $8,178.95. The motion was seconded by Councilman Fried and adopted by a 4 - 1 voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Mayor Pro Tem Hill voting Yes.. Councilman Rasco voted No. Chief Flaherty briefly discussed a proposed ordinance regulating boats, beaches and waterways. Conchita Suarez, 201 Crandon Boulevard, addressed the Council regarding a Miami Beach ordinance regulating the beaches. The manager briefly discussed the Village's financial policy statement. Councilman Rasco made a motion adopting the financial policy as presented, to the Council. The motion was seconded by Councilman Sime and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Pro Tem Hill voting Yes. The manager recognized Dan Nieda, the. Village's Building Official, who discussed the illegal wall at 714 Fernwood Road. The Council briefly discussed the matter. Page 4 of 6 August 10, 1993 Manager Kissinger reported that signs have been installed on the beaches outlining rules and regulations. The manager presented the following informational reports: the monthly departmental reports; the monthly financial statement; a notice -from William Croysdale, of the Galen Drive Improvement Association, dated June- 27, 1993; a letter from Bill Bird, of Metro-Dade's Park and Recreation Department, dated June 29, 1993; a,stormwater master plan status report; a letter from Mary Seger, of the Greater Miami Convention and Visitors Bureau, dated July 22, 1993; a letter from Ray Goode, of We Will Rebuild, dated July 26, 1993; a letter from Weiss, Serota and Helfman, regarding the police station property, dated July 29, 1993; a letter from Cynthia Curry, of the County Manager's office, dated August 2, 1993; and copies of checks from Mastriana and Christiansen dated August 4, 1993. 8-D. MAYOR.AND COUNCILMEMBERS: Councilman Sime reported that the Local Planning Agency, will meet on August 17, 1993. Councilman Fried made a motion re -appointing William Croysdale as Special Master for a term ending on July 31, 1993. Councilman Sime seconded the motion which was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Pro Tem Hill voting Yes. Councilman Sime recognized Bob Bristol, of 610 Ridgewood Road, who made a presentation regarding safety at the elementary school. Mayor Pro Tem Hill requested that the manager review the matter and report to the -Council at a future date Mr. Ofgant addressed the Councilon the matter. Mike Levine, with Dade County Public Schools, also briefly addressed the Council. Melinda Wilson, 191 West Enid Drive, further discussed the matter. 9. RESOLUTIONS: At the request of Mayor Pro Tem Hill, Councilman Rasco read the following resolution: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF FRANK E. MACKLE, JR.; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Councilman Sime and adopted by a 5 - 0 voice vote. The vote was as follows Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Pro Tem Hill voting Yes. Page 5 of 6 August 10, 1993 The mayor pro tem recognized Attorney Weiss who discussed the following resolution regarding a proposed lease with the Dade County School Boards A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE SCHOOL BOARD OF DADE COUNTY, FLORIDA; AND PROVIDING FOR AN rrrr.CTIVE DATE. Mr: Levine, of the school board, addressed the Council on the matter.. Attorney Weiss stated that he will further review the matter with, representatives of the school board. The resolution was withdrawn from;_. further consideration until a future' date. At the request of Mayor Pro Tem Hill, Councilman Sullivan read the following resolutions: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE, OFFICIAL. VILLAGE SEAL DESCRIPTION; PROVIDING FOR AN EFFECTIVE DATE. Councilman Rasco made a motion adopting the resolution. The motion was seconded by Councilman Fried and arlopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Mayor Pro Tem Hill voting Yes. 10. COMMITTEES: There were no committee reports submitted to the Council 11. OTHER BUSINESS/GENERAL- DISCUSSION: There was no further business • discussed by the Council. 12. SCHEDULE OF FUTURE' MEETINGS AND EVENTS: A schedule of future meetings and events was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. Approved this, 2"-i day of , 1993 erk Mayor Pro Tem IPA PERSON DFr"nES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY P Tint CONSIDERED AT A MEETING OR ;MIRING, THAT PERSON WILL NEED A RECORD OF 77* PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTTMONY AND EVIDENCE UPON WHICH TER APPEAL IS TO BE BASED. Page 6 of 6 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE. OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 24, 1993 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 Brody at 7:00 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Raymond Sullivan, and Vice Mayor Clifford Brody. Mayor Rafael Conte was absent. Also present Were Village Manager Sam Kissinger, Village Attorney Steve Helfman and Finance Director Jack Neustadt (serving as recording secretary). Vice Mayor Brody requested a moment of silence for the victims of Hurricane Andrew on the first year anniversary of that natural disaster. 2. PLEDGE OF ALLEGIANCE: Vice Mayor Brody led the Pledge. 3. MINUTES: ,.Councilman Sullivan stated that the minutes of August 10, 1993, on ;page 2, item 7, on the Fried motion, should reflect that he'voted no and that Councilman Hill voted Yes. The minutes of the meeting of August 10, 1993, were approved, as amended, by unanimous consent. 4. AGENDA: Councilman Rasco requested that items 7 and 8 be taken out of order and heard prior to item 6. Vice Mayor Brody requested the addition of an agenda item regarding Council consideration of a request by Metro -Dade Commissioner Maurice Ferre for office space at Village Hall. There were no objections to the agenda changes. The following items were subsequently heard out of order. 8. DISCUSSION OF INTERLOCAL AGREEM Off FOR EMERGENCIES: Vice Mayor Brody read the following resolution by title: A RESOLUTION OF THE VILLAGE OF AUTHORIZING THE VILLAGE MANAGER TO VILLAGE- AN INTERLOCAL MUTUAL AID CATASTROPHIC DISASTER EMERGENCY: PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 3 KEY BISCAYNE, FLORIDA; EXECUTE ON, BEHALF OF THE AGREEMENT FOR MAJOR OR RESPONSE AND RECOVERY; August 24, 1993 After a brief presentation by the manager, Councilman Rasco made a motion to adopt the resolution. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. At this ,time, the Council discussed a request by Metro -Dade Commissioner Maurice Ferre regarding his possible use of office space at Village. Hall once a month. It was the consent of the Council to approve the useof,office space for.Commissioner-Ferre, DISCUSSION OF LOCALREGULATION OF CABLE TV RATES:. Attorney 'Heilman presented a substitute resolution for the Council's consideration' regarding regulation of basic cable television rates Attorney Hel£iman read the following substitute: resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE FILING OF A CERTIFICATION REQUEST WITH THE FEDERAL COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY TO REGULATE BASIC CARLE TELEVISION RATE; AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATIONS'COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING ENFORCEMENT OF FEDERAL.. CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RUT;FS WITHIN THE VILLAGE OF KEY BISCAYNE; ESTABLISHING RECOGNITION OF AND COMPLIANCE' WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE; After brief discussion, Councilman Rasco made a motion to adopt the substitute resolution. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. 6. DISCUSSIONS REGARDING THE PURCHASE OF THE "TREE FARM" PROPERTY LOCATED BETWEEN CRANDON BOULEVARD AND FERNWOOD ROAD: Councilman Fried made a motion authorizing the Village Manager to enter into negotiations with owners of the "tree farm" for the purchase of said property at the best possible price. The motion was seconded by Vice Mayor Brody. Manager Kissinger discussed the impact of the purchase of the property on local taxes and also the proposeduses for said property. The Fried motion was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Page 2 of 3 August 24, 1993 Vice Mayor Brody read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; INDICATING THE OFFICIAL INTENT OF THE VILLAGE COUNCIL TO ISSUE TAX EXEMPT BONDS TO FINANCE THE COST OF ACQUISITION OF LAND AND CONSTRUCTION OF RECREATIONAL FACILITIES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion adopting the resolution. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody voting Yes. 9. ADJOURNMENT: The meeting was adjourned at 7:35 p.m. Approved this I y +k day of SJl4-ia.,r..ta-a" , 1993 Village Ci�erk Vice Mayor IF .A PERSON DECIDES TO APPEAL .ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA l SK CONSIDERED AT A METING OR BEARING, THAT PERSON WILL NEED A RECORD OF THE PROC.EEDDINGS 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 MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 14, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at.8:05 p.m. Present were Councilmembers Michael Hill, Joe Rasco, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Councilmembers Mortimer Fried and Betty Sime were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. APPROVAL OF MINUTES: Councilman Hill made a motion to adopt the minutes of the meeting of August 24, 1993 as submitted. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 3. AGENDA: Tony O'Donnel, 701 Brickell Avenue, Miami, requested a deferment of item 5-C. Vice Mayor Brody made a motion to defer the item until'October 12, 1993 and that re -advertisement of the application be paid by applicant. The motion was seconded by Mayor Conte and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 4. ORDINANCE: Mayor Conte read the following ordinance on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE OFFICIAL SEAL OF THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Sullivan made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Hill and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody,land Mayor Conte voting Yes. The mayor read the following ordinance -- also on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIB1tlX1 ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; P a, JIBING FOR EXEMPTICNS; Page 1 of 7 September 14, 1993 PROVIDING. FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, IINCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Rasco made a motion adopting the ordinance on first reading. The, motion was seconded by Councilman Hill and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The clerk announced that both ordinances passed on first reading will be heard on second reading at the'Council meeting of September 28, 1993. 5 BUILDING AND ZONING: The following hearings were held: Hearing Number 93-9-KBT-1: The applicant, Edward McCarthy as Archbishop of the Archdiocese of Miami (St. Agnes Catholic Church), 100 Harbor Drive, requested non-use variances of`zoning and parking regulations.` Community Development Director Robin Sabrina stated her recommendation for approval of a non-use variance of zoning regulations and parking requirements. Michael Cruz, representing St. Agnes Church, addressed the Council. Vice Mayor Brody made a motion approving a non-use variance of zoning regulations to permit three trailers for temporary classrooms and approving a non-use variance of parking requirements to permit 36 (96 required) parking spaces. The motion was subject to the conditions of the director with the exception of requiring a bond agreement. The motion was seconded by Councilman Hill and adopted by a 5 0 roll call vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Hearing Number 93 -9 -VC -1: The applicant, Diego Ribadeneira, 401 South Mashta Drive, requested a non-use variance of setback requirements. Community Development Director Sobrino stated her recommendation for denial without prejudice of the application and suggested a one car garage alternative. Max Puyanic, 480 South Mashta Drive, representing Mr. Ribadeneira, addressed the Council. Page 2 of 7 September 14, 1993 Councilman Hill made a motion approving the request. The motion was seconded by Vice Mayor Brody and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Hearing Number 93-GF-2: The applicant, Village of Key Biscayne Emergency Services Department, 85 West Enid Drive, requested a modification of Resolution Z-12-93. Building Official -Daniel Nieda addressed the Council regarding the item. Vice Mayor Brody made a motion to approve the request. The motion was seconded by Councilman Hill and adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 6. REPORTS AND 'RECOl WATIONS: Councilman Rasco requested that only items requiring Council action be heard. Village Attorney: Attorney Weiss gave a brief report on the signing of the Police Station lease with the county. The attorney also reported on efforts to remove the illegal wall at 714 Fernwood'Road. Village Clerk: The clerk did not submit a report. Village Manager: The manager recognized Tony Nollin, of Williams, Hatfield & Stoner, Inc., who made a presentation to the Council regarding the Stormwater Management Master Plan. After brief discussion by the Council, Councilman Sullivan made a motion to receive and adopt the stormwater master plan, dated August 3, 1993, and instruct the Village Manager to initiate the required actions to implement the report. The motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The- manager briefly discussed a seasonal street lighting program. Dorothea Bailey, representing the Chamber of Commerce, addressed the Council regarding the program. Jeff Krell, also with the Chamber, further addressed the Council regarding the proposed program. Vice Mayor Brody made a motion to waive competitive bids and authorize the Village Manager to enter Into an agreement with Page 3 of 7 September 14, 1993 Carpenter Decorator of Florida to install holiday decorations along Crandon. Boulevard for a three (3) year period at a cost not to ,exceed $25,000.00 per year The motion was seconded by Mayor Conte Viand failed on a 3 - 2 roll call vote. The vote was as follows Councilman Sullivan, Vice Mayor Brody and Mayor Conte voting Yes. Councilmembers Hill and Rasco voted No. The manager gave a brief report on the Village's beautification program. He updated the Council on the Neighborhood Public Landscaping Plan and, the Comprehensive Street Tree Program. The manager stated that the Calusa Park tennis court issue is being addressed with the company that installed the present court. ,Manager Kissinger briefly discussed a study of additional parking and a drop-off location at the Key Biscayne Elementary School. The manager.. informed the Council that the Village has been presented. with the Certificate of Achievement for Excellence in Financial Reporting. Manager Kissinger reported that the State of, Florida Public Employees Relations Commission has notified him that the police officers have voted not to create.a union at this time.. The manager presented a draft of the Village newsletter which will be mailed to residents in October. The managergave an update on several pending grants. Councilman Hill made a motion authorizing the Village Manager to purchase eight laptop computers at a cost not to exceed $16,352.00 from CompUSA. The motionwasseconded by Councilman. Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Vice Mayor Brody made a motionauthorizing the Village Manager to purchase "CRIS package" computer system at a cost not to exceed $19,185.00 from Syscomp. The motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Fire Rescue Chief William Huddleston addressed the Council regarding the progress of the. Fire Rescue Department. Page 4 of 7 September 14, 1993 Councilman Rasco made a motion authorizing the Village Manager to purchase "protective clothing for firefighters at a cost not to exceed $33,798.40 from Herald Sales and Service. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Vice Mayor Brody made a motion authorizing the Village Manager to purchase two (2) 4X4 Chevrolet Suburban vehicles at a cost not to exceed $50,205.20 from -Ed Morse Chevrolet. The motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, Mayor Conte voting Yes. Village Engineer Carlos Penin gave a brief progress report on the Emergency. Services Complex. The manager reported that the Dade County Public Schools will make a presentation to the Council at its meeting of October 12, 1993. The manager submitted the following informational reports for the Council's review: monthly departmental reports; monthly financial statement; letter from Chuck Blaine, Adelphia Cable, regarding channelrealignment; letter from Jorge Blanco, Rosario Resources Coiporation, regarding Community Development Department; Memorandum from Police .Chief Flaherty regarding departmental furniture purchase; article from Miami Herald regarding property appraisals; letter from Thomas Wakefield regarding lease'agreement with Mr. Rebozo; letter from Kila Pyle, Florida Bid Reporting Service, regarding bid collection procedures; notice from Police Chief Flaherty regarding unlawful use of public beaches; letter from Barbara Todd, National Association' of Counties, regarding environmental issues; letter from Eric Nesse, Key Biscayne Hotel and Villas, regarding oceanfront villas; letter from Deborah Doty, National • Federation. of Municipal. Analyst, regarding award recognit-ion;: letter=from-Mark Galloway; Adelphia Cable, regarding cable package; notice from Metro -Dade regarding cable television information; letter from Brian Flynn,:D.E.R.M., regarding beach vegetation project; letter from Sheila Rushton, Metro -Dade Consumer Services Department, regarding'cable franchises; and a letter from Edward Guedes. Weiss, Serota & Helftan, P.A., regarding the L'Esplanande property. Mayor/Councilme bers: The following items were discussed: Councilman Rasco discussed the Village's code enforcement policy. He also discussed the problem of the unsightly villas on the Key Page 5 of 7 September 14, 1993 ;Biscayne Hotel and +villas property. Building Official Nieda and Community Development Director Sobrino addressed Councilman Rasco's concerns. :Councilman Rasco also.disc.ussed the administrative variance process. The Village Attorney was instructed to' compile a zoning hearing process ordinance to address the matter. Vice Mayor Brody discussed the default by the. Key Biscayne Shopping :Center, of; Resolution Z-11-93. Attorney Weiss advised-the''Council not to hold a public hearing on this item at the. present time to prevent an administrative problem for staff. Al Cardenas, 201 South Biscayne Boulevard, addressed the Council on behalf of Mr. Antonio Fraga -- owner of the shopping center. Mario Labridge, 1141 Southwest 12 Avenue, Pompano Beach, representing Winn Dixie, also addressed the Council. Antonio Fraga, 2299 Douglas Road, Miami, further addressed the Council on the matter. It was the consent of the Council not to prevent the opening of any businesses at the shopping center at the present time. Mayor Conte and the managerdiscussed a program by Walt Disney World to provide trips to deserving children: Councilman Sullivan made a motion authorizing Village participation and transportation funding. Vice Mayor Brody seconded the motion which was adopted by a unanimous voice vote. The vote was as 'follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Rasco briefly discussed the issue of ballfield.sites in the Village. 7. RESOLUTIONS: Mayor Conte 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 SCHOOL BOARD.OF DADE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Weiss briefly discus-sed the lease,. Councilman Rasco made a motion adopting the resolution.,- The motion was seconded by Mayor Conte and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The mayor read the following resolution by title: Page 6. of 7 September 14, 1993 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 3 - 9, 1993; ENCOURAGINGALL CITIZENS TO SUPPORT THE CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE. Councilman Hill made a motion adopting the resolution. The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 8. COMMITTEES: There were no reports submitted to the Council. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council. 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 10:40 p.m. Approved this 1 l e" day of oC. , 1993 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY morns CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, bIAY .NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPQN WHICH THE APPEAL IS TO BE BASED. Page 7 of 7 MINUTES SPECIAL VILLAGE COUNCIL MEETING FIRST PUBLIC HEARING FOR 1993-1994 FISCAL BUDGET VILLAGE OF KEY BISCAYNE; FLORIDA TUESDAY, SEPTEMBER 14, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR Mayor Conte welcomed the public to the chamber following a closed session of the Council with the Village Attorney held under the provisions of F.S. 286.011. 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor. Conte at 7:25 p.m. Present were Councilmembers Michael Hill, Joe Rasco, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Absent'were Councilmembers Mortimer Fried and Betty Sime. Also present" were Village Manager Sam Kissinger, 'Village Clerk Guido Inguanzo, and Village Attorney Richard Weiss. 2. INVOCATION: The invocation was given by Monsignor William McKeever of St. Agnes Catholic Church. 3. "PLEDGE -OF ALLEGIANCE: Mayor Conte led the Pledge. 4. DISCUSSION'OF PROPOSED MILLAGE: The manager briefly the proposed millage rate. He stated that the proposed four percent reduction from the previous year. S. DISCUSSION OF TENTATIVE OPERATING BUDGET: Manager gave a brief presentation on the tentative operating $9,445,768.00. 6. PUBLIC SHEARING REGARDING PROPOSED MILLAGE: The mayor opened the public hearing. There were no speakers. 7. PUBLIC HEARING REGARDING TENTATIVE OPERATING BUDGET: The mayor opened the public hearing. The following residents addressed the Council: Hugh O'Reilly, 475 Allendale Road; Ed Meyer, 100 Sunrise Drive; Martha Broucek, 170 Ocean Lane Drive; and John Festa, 695 Harbor Lane. discussed rate is a Kissinger budget of 8. ADOPTION OF TENTATIVE MILLAGE RATE: Mayor Conte read following resolution by title: the Page 1 of 4 September14, 1993 RESOLUTION OF THE VILLAGE COUNCIF,OF KEY BISCAYNE ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1993 THROUGH SEPTEMBER 30, ?:1994 PURS[TANT TO FLORIDA STATUTE 200.065 (TRIM, BILL) SETTING A DATE FOR A FINAL PUBLIC BEARING TO ADOPT THE MILEAGE RATE. Vice Mayor Brody made a motion adopting the resolution and setting the millage rate at 4.439 mils. The motion was seconded by Councilman Sullivan and adopted by a 5 - 0 roll call vote. The vote was as follows: Cauncilmembers Michael Hill, Joe Rasco, Raymond Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 9. ADOPTION OF TENTATIVE OPERATING BUDGET: Mayor Conte read the following ordinance on first reading: AN' ORDINANCE, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 IN THE AMOUNT OF PURSUANT TO FLORIDA STATUTE 200.065 (TRIM'BIIL); Sb1sING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET PROVIDING FOR AN EFFECTIVE -DATE. Councilman Rasco stated his concern regarding the lengthy agenda presented to the Council. Vice Mayor Brody made a motion to recess the budget meeting until immediately following the conclusion of the regular council meeting agenda. The motion was seconded by Councilman Sullivan and adopted by; a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan,,Vice Mayor Brody, and Mayor Conte voting Yes. The meeting was called back to order by Mayor Conte at 10:45 p.m. The Council reviewed the budget and recommended the following changes: Vice Mayor Brody. recommended an increase in the Village Clerk's salary line item to $34,500 and decrease the legal advertising line item to $35,500_ There was consent by the Council to adopt the Brody recommendation. It was the consensus of the, Council to decrease the Village Attorney's professional fees line item to $150,000. The Council deleted the assistant manager position and salary of $49,000. The promotional activity line item in the Economic Development Department's budget was reduced by $15,000 (Island Festival Fire Works)., Page 2 of 4 September 14, 1993 The miscellaneous line item of $7,500 in the Community Development Department budget was removed. At 12:00 midnight, the clerk informed the Council that the midnight charter rule was in effect. Pursuant to the charter, Councilman Hill made a motion to continue the meeting. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, ,and Mayor Conte voting Yes, The Council continued its review of the budget and adopted the following amendments: In the Non -Departmental budget, the car allowance line item was transferred to the Administration budget. The amortization line item in the Fire Department budget was re -labeled "capital outlay." The miscellaneous line item in the Recreation Department was re -labeled as "gas, oil and maintenance" and the Key Biscayne Athletic Club line item was re -labeled "contractual services - KBAC." It was the consent of the Council to schedule the second public hearing for Monday, September 27, 1993, at 7:00 p.m. Vice Mayor Brody made a motion to adopt the budget ordinance, as amended, on first reading. The motion was seconded by Councilman Hill and adopted by a unanimous vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, Mayor Brody. Councilman Hill made a motion to reconsider the resolution adopting the tentative millage rate. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Vice Mayor Brody made a motion adopting the tentative millage rate resolution and setting the date for the public hearing for Monday, September 27, 1993. The motion was seconded by Councilman Hill and adopted by a unanimous voice, vote. The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 10. DISCUSSION OF TENTATIVE STORMWATER UTILITY BUDGET: The manager briefly discussed the proposed stormwater utility budget. Page 3 of 4 September 14, 1993 11. PUBLIC BEARING'REGARDING TENTATIVE STOPNWATER UTILITY BUDGET: The public hearing was opened. There were no speakers, present. 12. ADOPTION OF TENTATIVE STORMWATER UTILITY BUDGET: Vice Mayor Brody read the following ordinance on first. reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A ' TENTATIVE STORMWATER UTILITY BUDGET FOR THE FISCAL YEAR OCIVIMENCING OCTOBER 1, 1993 THROUGH SE RER 30, 1994 IN THE AMOUNT OF $500, 000; SETTING A. DATE FOR. A FINAL PUBLIC HEARING TO ADOPT A BUDGET; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion adopting the ordinance on first reading.: The. motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote was as Follows: Councilmembers Hill, Basco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 13. ADJOURNMENT: The special meeting was adjourned at 1:20 a.m. Approved this k 2 t4" day of 0 , 1993 Village Cleric Mayor IPA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAIrliS CONSIDERED AT A MEETTIVG OR HEARING, THAT PERSON WILL NEED A RECORD OF= PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF T1T PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 4 of 4 MINUTES SPECIAL VILLAGE COUNCIL MEETING SECOND PUBLIC HEARING FOR 1993-1994 FISCAL BUDGET VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, SEPTEMBER 27, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:05 p.m. Present were Councilmembers Mortimer Fried, Michael Hill (arrived at 7:10 p.m.), Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village -Attorney Gil Pastoriza. 2. PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge.` Mayor Conte and the manager briefly explained to the public the Village's advertisement of an 88.01% tax increase. 3. DISCUSSION OF THE FINAL MLLLAGE RATE: Manager Kissinger briefly addressed the Council and stated that the proposed final millage rate is 4.439 mils. 4. DISCUSSION OF THE TENTATIVE OPERATING BUDGET: The manager made a brief presentation regarding hid proposed operating budget. 5. PUBLIC BARING REGARDING FINAL =LAGS: Mayor Conte opened the public hearing. For the record, Attorney Pastoriza stated that the roll -back rate is 2.361. There being no speakers, the public hearing was closed. 6. PUBLIC HEARING REGARDING TENTATIVE OPERATING BUDGET: Mayor Conte opened the public hearing. The following residents addressed the Council: Ed Meyer, 100 Sunrise Drive; Martha Broucek, 170 Ocean Lane Drive; John Festa, 695 Harbor Lane; and Pete Peterson, 201 Crandon Boulevard. The mayor closed the public hearing. Clerk Inguanzo read into the record a statement by Councilman Joe Rasco who was out on town on business and could not attend the meeting. Members of the Council addressed comments made by residents and discussed various aspects of the proposed budget. Page 1 of 3 September27, 1993 councilman ,Sullivan made a motion that salary increases be capped at ten percent. Due to the lack of a second, the motion failed. 7. ADOPTION OF FINAL MILLAGE RATE: Clerk Inguanzo read the following resolution: A RESOLUTION OF TEE VILLAGE COUNCIL OF KEY BISCAYNE ADOPTING THE FINAL MCLLAGE RATE OF THE V/LLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL). Councilman Fried made a motion adopting the resolution. The motion was, seconded, by Vice Mayor Brody -and adopted by a unanimous voice vote. The, vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan," Vice Mayor Brody, and Mayor Conte voting Yes. 8. ADOPTION OF TENTATIVE OPERATING BUDGET: Mayor Conteread 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, 1993 THROUGH SEPTEMBER 30, 1994 IN THE A'NlOUNT OF 9, 445, 768.00 , PURSUANT TO FLORIDA STATUTE 200.065; (TRIM BILL) ; SETTING A DATE FOR A. FINAL, PUBLIC BEARING TOADOPT THE BUDGET: PROVIDING: FOR AN EFFECTIVE DATE. Councilman Fried made a Motion to adopt the ordinance on second reading;' The motion was seconded by Councilman Hill and adopted by a 5 - 1 roll call vote. The vote, was as;.follows Councilmembers Fried, Hill, Sime, Vice Mayor Brody, and Mayor Conte voting Yes. Councilman Sullivan voted No. 9. DISCUSSION OF TENTATIVE STORMWATER UTILITY BUDGET: The manager made a brief presentation regarding the stormwater utility budget. 10. PUBLICHEARINGREGARDINGTENTATIVE sranaPATER.UTILITY BUDGET: Mayor Conte opened the public hearing. There were no speakers presen. 11. ADOPTION OF TENTATIVE STORMNATEa tYTILITY BUDGET: Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TENTATIVE STORNPATER UTILITY BUDGET FOR THE FISCAL YEAR CONM MCING OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 IN TEE AMOUNT OF $500,000.00; SETTING A. DATE FOR A FINAL PUBLIC BEARING TO ADOPT A BUDGET; PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 0 September 27, 1993 Councilman Sullivan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilman Hill and adopted by a.6 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 12. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:45 p.m. Approvedvethis Vila- day of 0 —` , 1993 Village erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TIN VILLAGE COUNCIL WITH RESPECT TO ANY MAllr.4t CONSIDERED AT A MEETING OR HEARING, HE WILL NEED A RECORD OF TIN PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD 1NCZUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TV BE BASED. Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 28, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The special meeting was called to, order by Mayor Conte at 6:40 p.m. Present were Councilmembers Mortimer Fried, Betty Sime, Raymond Sullivan, and Mayor Rafael Conte. Councilmembers Michael Hill, Joe Rasco and Vice Mayor Brody were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, and Village Attorney Richard Weiss. Michael Cahn, a Village resident, gave an invocation. Mayor Conte led the Pledge. A public hearing was held to discuss the purchase of the tree farm property located on Crandon Boulevard. Manager Kissinger explained that as part of a grant application, related to the purchase of the property, the public hearing was required. The mayor opened the public hearing. Conchita Suarez, 201 Crandon Boulevard, spoke in support of the purchase of the tree farm property. Michael Cahn, 881 Ocean Drive, also spoke in support of the application. There being no further speakers, Mayor Conte closed the public hearing. The meeting was adjourned at 6:45 p.m. Approved this 12t day of , 1993 Village Clerk Mayor IF A PERSON' DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAtr.usU CONSIDERED AT A MEETIlVG OR ERRING, HE WILL REND A RECORD OF THE PROCEEDT.NGS AND, FOR SUCH PURPOSE, MAY DEED TO ENSURE THAT A VERBA2 ( RECORD OF THE PROCEEDINGS IS MADE, WHICK RECORD INCLImFS THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 1 of 1 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 28, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7:00 p.m. Present were Councilmembers Mortimer Fried, Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody (arrived at 7:45 p.m.), and Mayor Rafael Conte.-Councilmembers Michael Hill and Joe Rasco were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, and Village Attorney Steve Helfman_ 2. & 3. INVOCATION & PLEDGE OF ALLEGIANCE: The invocation and Pledge of Allegiance were heard during a special meeting held at 6:30 p.m. 4. APPROVAL OF MINUTES: Councilman Fried requested deferral of this item due to the fact that, of the four members present, two were not present at the meetings held on September 14, 1993. Councilman Sime made a motion to defer the item. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes. 5 AGENDA: There:were` no changes made to the agenda. 6. PUBLIC -COMMENTS: Conchita Suarez, 201 Crandon Boulevard, addressed the Council regarding several beach related issues. 7. SPECIALPRESENTATION: Mr. Robert Nachlinger, President of the Dade and Broward County Government Finance Officers Association, presented the Village and Finance Director Jack Neustadt with the "Award of Excellence in Financial Reporting." 8. ORDINANCES: Mayor Conte read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE 93-11, RELATING TO THE VILLAGE STOREWATER UTILITY SYSTEM; PROVIDING FOR BILLING OF STORMNATER UTILITY FEES; AUTHORIZING NIANI-DADE WATERAND SEWER AUTHORITY TO ACT AS BILLING AND COLLECTION AGENT FOR THE VILLAGE• PROVIDING FOR. SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE. DATE. Page 1 of 7 September 28,'1993 Attorney Weiss advised the Council that this was a technical amendment to the'stormwater utility ordinance. Councilman Fried made a motion adopting the ordinance. The motion was seconded by Councilman: Sime and adopted by a 4 --0 roll call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes. Clerk.Inguanzo announced that the second hearing of: the ordinance trill be held on October 12 1993, at ;77:00 p.m. Mayor Conte read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE. OF KEY BISCAYNE, FLORIDA; ADOPTING THE OFFICIAL SEAL OF THE VILLAGE; PROVIDING FOR ,SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE. The mayor opened the public hearing. There were no speakers present. Councilman Sime madea motion adopting the ordinance. The motion'. was seconded by Councilman Sullivan and adopted by a 4 - 0 roll call vote_ The vote was as follows:' Councilmembers pried, 'Sime, Sullivan, and Mayor Conte voting Yes. The mayor read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; PROVIDING FOREXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;: PROVIDING FOR SEVERP:BILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Conte opened the public hearing. Pete. Peterson, 201 Crandon Boulevard, spoke in support of the ordinance. Councilman Sime made a motion adopting the ordinance. The motion was seconded by Councilman Fried and adapted by a 4 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes. BUILDING AND ZONING: The following hearings were held: Hearing Number 91- SSA -1,. Key Biscayne Joint Venture, the applicant, 600 Crandon Boulevard, requested approval of a multi tenant sign. Page 2 of 7 September 28, 1993 Community Development Director Robin Sobrino stated her recommendation for approval of the signage as requested. Antonio Fraga, 140 Solano Prado, owner of the Key Biscayne Shopping Center, briefly addressed the Council. Councilman Fried made a motion approving the application. The motion was seconded by Councilman Sime and adopted by a:4 - 0 roll call Vote. The vote was as follows: Councilmembers Fried; Sime, Sullivan,, and -Mayor Conte voting Yes. Hearing Number 93 -9 -VC -3. Anthony F. Greco and Joann Greco, the applicant, 530 CrandonBoulevard, requested the following: a waiver of Ordinance 92-11; a non-use Variance of setback requirements; a non-use variance of spacing requirements; a non-use variance of sign regulations; and a non-use variance of landscaped open space requirements. Community Development Director Sobrino made a brief presentation and recommendation.. Councilman Sime made a motion waiving the building moratorium. The motion was seconded by Councilman Sullivan and adopted by a 4 - 0 roll call vote. The vote was as followsi Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes. Mack Melvin, 701 Brickell Avenue, representing the applicant, addressed the Council in support of the application. George Peon, 782 Northwest 42 Avenue, Miami, also representing the applicant as the architect on the project, addressed the Council. The mayor opened the public hearing. Martha Broucek, 170 Ocean Lane Drive, and Allan Tellison, 400 Woodcrest Road, addressed the Council. Councilman Fried made a motion adopting staff's recommendation. The motion was seconded by Councilman Sullivan. After brief discussion, the motion was- adopted by a 4 - 0 roll call vote, The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes. Attorney Weiss advised Vice Mayor Brody that, due to the quasi-judicial nature of the hearing, and his late arrival, that he not vote -on this item. Hearing Number 93 -9 -VC -4. VMLF II Key Biscayne Hotel Corp. and VMLP III Key Biscayne Villas, Ltd, the applicant, requested modification of the development order for the' property located between Crandon Boulevard and the Atlantic Ocean and from East Enid Drive to Seaview Drive. Page 4 of 7 September 28, 1993 Community Development Director Sobrino discussed the. application and made her recommendation_ Jeff Bercow, 200 South Biscayne Boulevard, Miami, representing the applicant, addressed the Council. At the request of the applicant, Vice Mayor Brody made a motion withdrawing items 11, 17 and 25. The motion wasseconded by Mayor Conte and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Same, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. Also at the, request of the applicant, Vice Mayor Brody made a motion withdrawing_item 10. The motion was seconded by Councilman Sime and adopted by a unanimous, voice vote_ The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The mayor opened the public hearing regarding the substantial deviation issue of the application. There were no speakers present to discuss that issue. Vice Mayor Brody made a motion finding that the project is not a substantial deviation from the previously approved project The motion was seconded by Councilman Sime and adopted by a 5 -; 0 roll. call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. The following representatives of the applicant addressed the Council; Eric Nesse, Key Biscayne Hotel and. Villas; Walt Aeverson, Banyan Management Corp.; Ramon Alvarez, David Plummer and Associates; and Len Levine, of Banyan Management Corp. Community Development Director Sobrino and Attorney Helfman elaborated on the recommendations by staff regarding this application. Mayor. Conte opened the public hearing. ,The following citizens addressed the Council: Shirley Brill, 550 Ocean Drive; Gene Stearns, 180 Cape Florida Drive; Martha Broucek, 170 Ocean Lane Drive; Michael Cahn, 881 Ocean Drive; Ingrid Herves, 250 Galen Drive; Tony Pelle, 249 East Enid Drive; Melvin Fletcher, 215 East Enid Drive; Jon Grossman, 375 Hampton Lane; Pete Peterson, 201 Crandon Boulevard; Mary Wills, 210 Seaview Drive; Kip -Koss, -881 Ocean Drive; Bob Kirkman, 600 Grapetree Drive Mary Schulman, 1121 Crandon Boulevard; John Stadler, 2910 Lucaya Street, Coconut Grove; Camille Guething, 260 Seaview Drive; Steven Sonnaband, 330 Pacific Road; Eliott Tyler, 615 Ocean Drive; and Robert Swarthout, the Villages Master Plan consultant. Page 5 of 7 September 28, 1993 After the public hearing, the applicant called the following witnesses 'to give further testimony on their behalf: Richard Lamondan, 4000 Island Boulevard, North Miami; Lou Goukin, 181 Crandon Boulevard; and Ken Harms, 6701 Sunset Drive, Miami. Mr. Nesse and Mr. Bercow further addressed the Council. Mr. Bercow offered to provide limited access through the project for pedestrian and bicycles, for Key Biscayne residents only, as well as the deeding of specified land to the Village for public use. Vice Mayor Brody discussed the issue of private streets versus public streets within the development.. Councilman Sullivan briefly discussed the height issue and impact. At this point, Mr. Bercow requested that the application be withdrawn. Councilman Fried made a motion for the application to be withdrawn' without prejudice. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor -Conte. 10. REPORTS AND RECOMMENIDATIONS: The following were submitted for the Council's review and consideration: Village Attorney. Attorney Weiss gave an update on the illegal wall at 714 Fernwood Road. The attorney also reported that he has contacted Claytech regarding the replacement of the tennis court at Calusa Parka Village Clerk. The clerk did not submit a report. Village Manager. The manager gave a brief presentation regarding the stormwater master plan. Councilman. Sullivan made a motion to authorize the manager to proceed with phase two of the stormwater master plan. The motion.was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. After brief discussion, Councilman Fried made a motion to award the Neighborhood Public Landscaping Plan contract to Vila and Son Landscaping Corporation at a cost not to exceed $159,500.00. The cost is to include inspection services for the various neighborhood projects to -be funded as part of the beautification program: The motion"was-seconded: by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, Vice Mayor Erody, and Mayor. Conte voting Yes. Page 6 of 7 September 28, 1993 The manager gave an update on the progress.of the Village's Fire Rescue Department. The Council discussed a proposed transport fee rand agreed tofurtherreview said fee at a later date. The'manager submitted the following informational reports for the :Council'sreview: a letter from M.F. Moaltes, Metro -Dade Deputy Fire Chief, regarding fire service, dated September°2, 1993; letter from 'Joaquin 'Avino, Metro-Dade County Manager, regarding the west wellfield, dated September 20, 1993; and a letter from Deborah ,Niger, Metro -Dade -Solid ' Waste Department, regarding proposed ordinance to create special district, dated September 21, 1993. 11. RESOLUTIONS Mayor Conte read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A DENTAL PLAN FOR VILLAGE EMPLOYEES; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE, ALL THE, NECESSARY' AGREEMENTS; PROVIDING FOR AN tart,C.IIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Mayor Conte and adopted, by a unanimous voice vote. The vote was as follows: Councilmembers'Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes. 12. COMMITTEES: ` There were no committee reports submitted for the Council's review. 13. OTTER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council. 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 15. .ADJOURNMENT: The meeting was adjourned at 12:00 midnight. Approved this. 12.41"- day of 0 titerts , 1993 Villager ;ht.* I Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL W1771 RESPECT TO ANY MArreat CONSIDERED AT A MEETING G 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 T +lY AND EVIDENCE UPON WHICH THE APPEAL IS WEE BASED. Page 7 of 7 M I NUT E S VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 12, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALS, TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Vice Mayor Brody at 7:40 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Raymond Sullivan (arrived at 8:25 p.m.), and Vice Mayor Clifford Brody. Mayor Rafael Conte 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 Brody led the Pledge. 4. APPROVAL OF &fltflES: The minutes of the budget hearing of September 14, 1993, the -regular meeting of September 14, 1993, the budget hearing of September 27, 1993, the tree farm hearing of September 28, 1993, and the special meeting of September 28, 1993, were approved, as submitted, by unanimous consent. 5. AGENDA: Vice Mayor Brody requested an addition to the agenda regarding discussion of the Zoning Code Review Committee (Item D-4). There were no objections. 6. SPECIAL PRESENTATION: Presentation of a video tape of the training of the Village's Fire Rescue personnel by the City -of Miami was deferredto a future date. 7. BUILDING -AND ZONING: Tony O'Donnel, 701 Brickell Avenue, Miami, representing the applicant of Hearing Number 93 -9 -VC -2, Botanica Development: Associates and Key Colony No. 4 Condominium Association; Inc., requested a deferral of the item. Councilman Fried madea motion to, defer the item and- require that the applicant pay for re -advertisement of the hearing. The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote.` The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime; and Vice Mayor Brody voting Yes. Page 1 of 8 October 12, 1993 8. ORDINANCES:, Vice Mayor Brody read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN. EFFECTIVE : DATE. Councilman Sime made a motion adopting the ordinance on first reading., The motion was seconded by Councilman Rasco. After brief discussion,.tite motion was adopted by a:5--.10 roll call vote. The vote was as follows:` Councilmembers Fried, Hill, Rasco,` Sime, and Vice Mayor 'Brody -voting Yes. The vice mayor read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROHIBITING THE OPERATION OF VESSELS 721 DESIGNATED AREAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION m THE CODE AND AN EFFECTIVE DATE. Councilman Fried made a motion adopting the ordinance on first reading. The motion was seconded by Councilman; Rasco. J.J. Donahue, 820 Harbor Drive, addressed_. the Council.':_ After brief discussion, the motion was adopted by. a 5 -.0 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, and Vice Mayor Brody voting Yes. Vice Mayor Brody read the following ordinance, also on first reading, by title: AN ORDINANCE. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER RATES; AUTHORIZING THE FILING OF COMPLAINTS WITH TBE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE; ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR ! EAFrE ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE, CODE AND AN EFFECTIVE DATE. Councilman Rasco made a motion adopting the ordinance on first reading. The motion was seconded by Councilman Sime and adopted by a 5 - 0 roll call vote. The vote was as follows.: Councilmembers Fried, Hill, Rasco, Sime, and Vice Mayor Brody voting Yes. Page 2 of 8 October 12, 1993 The clerk announced that all ordinances adopted on first reading at this meeting will be heard on second reading at the October 26, 1993 Council meeting. The vice mayor read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO 93-11, RELATING TO THE VILLAGE STORMWATER UTILITY SYSTEM; - PROVIDING FOR BILLING OF STORMWATER UTILITY FEES; AUTHORIZING THE MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT TO ACT AS BILLING AND COLLECTD G AGENT FOR THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Fried made a motion adopting the ordinance on second reading. The motion was -seconded by Councilman Rasco. Vice Mayor Brody opened -the public hearing. There were no speakers present The ordinance was adopted by a 5 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, and Vice Mayor Brody voting Yes. At this time, Councilman Rasco requested that Item 10-C be heard out of order. There were no objections. Vice Mayor Brody reading 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 METRO-DADE COUNTY, FLORIDA FOR STORMWATER UTILITY FEES BILLING, COLLECTION AND ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was `seconded by Councilman Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, and Vice Mayor Brody voting Yes. 9. REPORTS AND RECOMMENDATIONS: Village Attorney. Attorney Weiss gave a brief report regarding a proposed ordinance to stream -line the zoning process. The ordinance will be before the Council at a future date. The attorney also discussed a lawsuit filed against the Village regarding the stormwater ordinance (93-11). The attorney also briefed the Council regarding an appeal of the Council's recent decision on zoning hearing 93 -5 -VC -1 (Botanica). Page 3 of 8 October 12, 1993 Village. Clerk. Clerk Inguanzo submitted, for the Council's review, a certification of the election results of the October 5, 1993 primary election. The clerk also requested Council approval for participation and travel to the Florida Association of City Clerks' Institute scheduled for November 15 - 19, 1993. By consent, the Council approved the clerk's request. Village Manager. The manager introduced John Peart, of Universal Beach Service Corp., who made a brief presentation to the Council regarding the,, Village's beach cleaning and maintenance program. Michele Padovan, 425 Grapetree.Drive, addressed the Council, on this issue., At the manager's request, Recreation Director Laurie Tessler and Jeff Krell, 575 Sabel Palm Drive, representing the Key Biscayne Shopping Center, addressed the Council regarding holiday decorations for Crandon Boulevard. Mr. Krell presented proposals from the following firms: Carpenter Decorating and Christmas Consultants International Inc. Conchita Suarez, 201 Crandon Boulevard, Martha Broucek, 170 Ocean Lane Drive, Camille Guething, 260 Seaview Drive, and Bill Ofgant, 512 Fernwood Road, addressed the Council. Councilman Sullivan made a motion approving an entrance decoration. After brief discussion, Councilman Sullivan withdrew his motion. Councilman Hill made a motion denying both proposals presented by Mr. Krell. The motion was seconded by Councilman Sullivan and failed by a 3 - 3 voice vote. Councilmembers Hill, Sullivan and Vice Mayor Brody voting Yes. Councilmembers Fried, Basco and Sime voted No. Councilman Sime made a motion approving the Carpenter Decorator entrance feature. proposal. The motion was seconded by Councilman Basco and failed on a 2 - 4 :roll call vote, , The vote was as follows: Councilmembers Basco and Sime voting Yes. Councilmembers Fried, Hill, Sullivan, and Vice Mayor Brody voted No. Manager Kissinger made brief presentations regarding the Crandon Boulevard improvement project, the Neighborhood Public Landscaping Project and the Street Tree and Re -sodding program. Ms. Padovan, Ms. Guething, Ms. Suarez, and Shirley Brill, 550 Ocean Drive, addressed the Council on the re -sodding project and related parking problems.' Page 4 of 8 Ir- is October 12, 1993 The manager briefly discussed the replacement of the Calusa Park tennis court. He reported that the cost will be approximately $4,000.00 to $8,000.00. The Council concurred that the court be replaced immediately. Councilman Hill made a motion directing the Village Manager to replace the tennis court at Calusa Park at a cost not -to exceed $8,500.00. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The manager briefly discussed the proposed basketball courts at the Key Biscayne Elementary School. Village Engineer Carlos Penin addressed the Council on the issue. Staff was directed to return to the Council with additional proposals. The manager :gave a brief presentation on the Village's efforts to obtain grants for various projects. At the request of the manager, Fire Rescue Chief William Huddleston gave a progress report on the Fire Rescue Department. At the request of the chief, Councilman Hill made a motion approving a $9,377.55 expenditure for a telephone system for the Fire Rescue Department. The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Emergency Services Director Michael Flaherty also made a brief presentation to the Council. He discussed the implementation of a D.A;R.E. program at the elementary schools. At this point, Vice Mayor Brody heard Item 10-F out of order. The vice mayor read the following resolution by title: A RESOLUTIONOFTHE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE -MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH METRO-DADE COUNTY FOR AN ELEMENTARY SCHOOL DRUG ABUSE RESISTANCE (D.A.R.E.) PROGRAM GRANT; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Attorney Weiss briefly discussed the illegal wall built at 714 Fernwood Road. He advised the Council that alien has been filed on the property. Councilman_ Fried made a motion authorizing the Page 5 of 8 October 12, 1993 Village Attorney to take further legal action by filing a lawsuit and seeking a court ruling, requiring the removal of the wall. The motion was. seconded by Vice Mayor Brody and failed on a 3 - 3 roll call. vote. The vote was as follows: Councilmembers Fried, Sullivan and Vice Mayor Brody voting Yes. Councilmembers Hill, Rasco and Sime voted No... Emergency Services Director Flaherty briefly addressed the Council on the matter. The manager reported that he met with Standard and Poor who will be rating the Village, for bond purposes, in the near future. The manager submitted the following informational items for the Council's consideration: the monthly departmental reports; a preliminary draft of a Dade County ordinance relating to solid waste management a letter from Sheila Rushton, Metro -Dade Consumer Services. Department, regarding cable television rates, dated September 23, 1993; a letter from Pauline Rivelli, Key Biscayne Chamber -of Commerce, regarding Council agendas, dated September 29, 1993; a letter fromthe manager to the Miami Firefighters Credit Union, regarding membership for Village, employees, dated October 5, 1993; and a letter from Leibowitz & Spencer regarding the cable television consumer protection act. Mayor and Councilmembers. Councilman Sullivan discussed the Community Development and Economic Development departmental names. Councilman Sullivan made a motion re -naming the Community Development Department as the Building, Zoning, and Planning Department. The motion was seconded. by Councilman Rasco and adopted by a 6 - 0 roll call vote. The vote was as. follows:' Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Councilman Sullivan discussed the goals and objectives of the Economic Development Department. He stated that the department should continue to pursue grants and funds for infrastructure related issues in lieu of the travel, business and tourism related direction it has taken. There was extensive discussion by the Council regarding this item. Vice Mayor Brody discussed a letter by Pauline Rivelli, of the Chamber of Commerce, regarding the placement of controversial items on regular Council agendas.. In relation.: to that concern, thevice mayor discussed the up -coming Sheraton zoning hearing scheduled for the Council meeting of October 26, 1993. Carter McDowell, 100 Southeast 2 Street, Miami, representing the applicant, addressed the Council. The Council` concurred to hear the Sheraton zoning item at meeting separate from the regular Council meeting and that the hearing be held at a facility that canaccommodate a large crowd. Page 6 of 8 October 12, 1993 Vice Mayor Brody also discussed the work of the Zoning Code Review Committee. 'He requested that the Council allow Councilman Hill to remain as chairman of that committee when his, current Council term ends. Councilman Hill indicated his intention of resigning from the committee when his term ends. 10. RESOLUTIONSt Vice Mayor Brody read the following resolution by"title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE VILLAGE MANAGER'S ADMINISTRATIVE ORDER SETTING THE STORi TER UTILITY FEE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Hill made a motion adopting the resolution. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The vice mayor read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A LIFE INSURANCE AND ACCIDENTAL DEATH PLAN FOR VILLAGE EMPLOYEES; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE ALL THE NECESSARY AGREEMENTS; PROVIDING FOR AN r r.EC.TIVE DATE. Councilman Fried made a motion adopting the resolution. The motion was seconded by Councilman Hill and adopted by a unanimous voice vote. The vote was as follows: Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Vice Mayor Brody 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; PROVIDING FOR AN EFFECTIVE DATE. After brief discussion, Councilman Rasco made a motion adopting the resolution and providing that the cost not exceed $189,600.00. The motion was seconded by Councilman Fried and adopted, by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The vice mayor read the following resolution by title: Page 7 of 8 October 12, 1993 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CALLING A SPECIAL ELECTION; PROPOSING STRAW BALLOT QUESTIONS; PROVIDINGTHAT THE ELECTION SHALL BE BELD ON NOVEMBER 2, 1993; PROVIDING FOR AN EFFECTIVE DATE. The following members of the public addressed the Council regarding the resolution; Mayor -elect John Festa, 695 Harbor Lane;. Ms. Guething; Ms. Suarez; Ms. Padovan: Ms. Broucek; Mr. McDowell; Sherwood Weiser, 3250 Mary Street, Miami Raul Llorente, 345 Cypress Drive; Ms. Brill; Sidney Cooper, 170 Ocean Lane Drive; and Federico Padovan, 425 Grapetree Drive. Attorney Weiss discussed his concerns regarding the resolution. After extensive discussion, Vice Mayor Brody proposed amendments to the resolution_ After further discussion, the resolution was withdrawn. 11. COMMITTEES: There were no committee reports submitted for the Council's review. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council_ 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 14. ADJOURNMENT: The meeting was adjourned at 11:50 p.m_ Approved this day of , 1993 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA11zn' CONSIDERED AT A NESTING OR ►RnQG, 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 TESTIlnNY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 8 of 8 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 26, 1993 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 Brody at 7:10 p.m. Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco (arrived at 7:15 p:m.), Betty Sime, Raymond Sullivan, and Vice Mayor Clifford Brody. Mayor Rafael Conte was absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Vice Mayor Brody requested a moment of silent prayer for FinanceDirector Jack Neustadt who was ill with a heart condition. 3. PLEDGE OF ALLEGIANCE Vice Mayor Brody led the Pledge. 4'. APPROVAL OF MINUTES: The minutes of the meeting of October 12, 1993 were approved, as submitted, by unanimous consent. 5. AGENDA: Councilman Sime requested the addition of discussion regarding the Council's decision on the Greco gas station as item 10-D-1. Councilman Sime also requested the addition of discussion regarding the criteria for Council funding of grants as item 10-D-2. Councilman Sullivan requested the addition of discussion regarding the live broadcast of Council meetings as item 10-D-3. There were no objections to the agenda changes. Councilman Sime made an announcement that the Local Planning Agency has mailed a summary of the master plan to all residents. Vice Mayor Brody requested to hear item 9-B at this time. There were no objections to hearing the item out of order. Hearing Number 93 -10 -VC -2 was read into the record. Royal Biscayne Venture, the applicant, lying on the east side of Crandon Boulevard, between Heather Drive and Galen Drive, requested a modification of an approved D.R.I. development order, resolution and recorded agreements as well as accompanying variances for this hotel/residential project. Vice Mayor Brody opened the public hearing. Carter McDowell, 100 Southeast 2 Street, Miami, representing the applicant, addressed the Council. Page 1 of 9 RiNZ October 26, 1993 After brief discussion, Councilman Sime made a motion to continue the hearing to November 16, 1993, at 7:00 p.m., at the Key Biscayne Presbyterian Church, 160 Harbor Drive., The, motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor. Brody. voting Yes. The clerk was instructed to publish a courtesy advertisement advising the public of the continuation of the public hearing. 6. PUBLIC COMMENTS:, Following the Building and Zoning item, Vice Mayor Brody opened the -floor for public comments. Jackie Rose, 390 Caribbean Road,, addressed the Council regarding, real-estate sign regulations.. Vice Mayor Brody requested that staff review the sign ordinance regarding requirefnents'o.f said signs. Michele Padovan, 425 Graoetree Drive, addressed the Council regarding the Building, Zoning and Planning Department. Ms, Padovan also spoke in.' support of. the Crandon Boulevard beautification project. Emergency Services Director Michael Flaherty recognized Officer Cathy McElhaney for her certification as a D.A.R:E. program officer. Chief Flaherty also introduced the following new officers: Lanier Mance and Mark Middlebrook. 7. SPECIAL PRESENTATION: Conchita.Suarez, 201 Crandon Boulevard, briefly addressed the Council regarding a citizen holiday decoration project for Crandon aoulevara 8. ORDINANCES: Vice Mayor Brody read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE -1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion. adopting the ordinance. The motion was seconded by Councilman Sime. Vice Mayor Brody opened the public hearing. There were no speakers present. The ordinance was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The vice mayor read the following ordinance, on second reading, by. title: Page 2. of 9 October 26, 1993 AN -ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Fried made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Rasco. The vice mayor opened the public hearing_ Conchita Suarez, 201 Crandon Boulevard, addressed -the Council. Attorney Weiss requested an amendment to section 2 by adding "except as authorized by the Village Manager. Councilman Rasco made a motion to amend the ordinance as requested by the attorney_ The motion was seconded Councilman Site and adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Vice Mayor Brody made a motion adding "including sailboats" to section 1, sub -section d. The Brody amendment was adopted by a 6-- 0 roll call vote. -The vote *as as follows: `Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The ordinance was adopted by a 6 - 0 roll call vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody Voting Yes. Vice Mayor Brody read the following ordinance, also on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER RATES; AUTHORIZING THE FILING OF COMPLAINTSWITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE; ESTABLISHING RECOGNITION OF AND COMPLIANCE:WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND PROVIDING FOR SEVERABILITY, INC%USION IN THE. CODE AND AN EFFECTIVE' DATE. Councilman Fried made a motion adopting the ordinance on second reading. The motion was seconded by Councilman Rasco. Vice Mayor Brody opened the public hearing. There were no speakers present. The motion was adopted by a 6 - 0 roll ,call vote. The vote'was as follows: Councilmembers Fried, Hill,-Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Page 3 of 9 October 26, 1993 9. BUILDING AND ZONING: Hearing 93 -10 -VC -1 was read into the record. Charles R. Smith, the applicant, 280 Island Drive, requested approval of an over -height fence and encroachments into adjacent right-of—way. Building,. Zoning and Planning Director Robin Sobrino' stated her .recommendation, for denial Vice, Ma or,Brod opened the - Public hearing. Frank Palmer, 3455 Y Y P P Royal Palm Avenue,,,, Miami Beach, representing the applicant, addressed the,,Council. Harry Nelson,, 251 Indian Trail, Coral Gables, also representing the applicant, further addressed the Council. After brief discussion, Councilman Fried, made a motion denying the varianceand adopting staff's recommendation. The. Motion was seconded;. by Councilman Sime and adopted by a 6 - 0 roll call, vote. The vote.`was as. follows: Coundilmembers Fried;, Eill -Rasco, Sime, Sullivan, and Vice .Mayor Brody voting Yes. 10. REPORTS AND RECOMMENDATIONS: Village Attorney. Attorney Weiss advised the Council' that the Calusa Park lease agreement has been scheduled for discussion at an upcoming county commission meeting. The attorney also briefly discussed the lawsuit filed by Key Colony regarding the Village's stormwater utility ordinance., Village Clerk. The clerk did not submit a report.. Village Manager. Manager Kissinger recognized the following individuals from the. Dade County Public Schools system who made a presentation regarding the proposed school improvement program at Key Biscayne Elementary School: Virginia Rosen, Assistant Superintendent;: Erick Laventure, Design Coordinator; and David Johnson, the architect on the project. The manager recognized Elementary School, who the curriculum program The following teachers Leonda Busselli Elaine the Council's grant, plaque to. the Council. Dr. Dorothy Rider, principal of Key Biscayne made a presentation to the Council regarding grant awarded to the school by.the, Council. from the school also addressed the Council: Levine and Sharon Lee. In appreciation of representatives of the school presented a The manager. and Village Engineer Carlos Penin discussed the basketball court improvement program at the elementary school.' Councilman Rasco made a motion authorizing the Village Manager to Page 4 of 9 0 October 26, 1993 receive bids on the project. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Manager Kissinger and John Peart, president of Universal Beach Service Corporation, discussed the beach vegetation plan. Robert Barron, a consultant recommended by Mr. Peart, addressed the Council regarding the project. Michele Padovan, 425 Grapetree Drive, and Conchita Suarez, 201 Crandon Boulevard, spoke in support of the project. The manager discussed the following studies requested by the Village Council in the goals and objectives adopted on June 29, 1993: sanitary sewer system expansion; refuse collection; Fernwood Road project; and Harbor Drive project. After brief discussion, Councilman Sullivan made a motion to approve the refuse collection study. The motion was seconded by Councilman Sime_ and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. There' was extensive discussion regarding the Fernwood Road and Harbor Drive projects. Bill Ofgant, 512 Fernwood Road, and Michele Padovan. 425 Grapetree Drive, addressed the Council. The manager was directed to compile an extensive proposal regarding these projects. Manager Kissinger briefly discussed bus shelters for Crandon Boulevard. At the request of the manager, Councilman Sullivan made a motion to authorize the purchase and installation of roping and buoys at a cost not to exceed $10,000.00. The motion was seconded by Councilman Sime. Emergency Services Director Flaherty addressed the Council on this item. The motion was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The manager briefly discussed the acquisition of the tree farm property. Councilman Rasco requested that the Council schedule a workshop to discuss the purchase of said property. Mayor -elect John Festa, 695 Harbor Lane, and Martha Broucek, 170 Ocean Lane Drive, addressed the Council. Councilman Rasco made a motion to schedule a workshop. The motion was seconded by Councilman Sullivan and adopted by a 4 - 2 roll call vote.: The vote was as follows': Councilmembers Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Councilmembers Fried and Hill voted No. Page 5 of 9 October 26, 1993 The manager gave an update on the Village's beautification program. Manager Kissinger and Village Engineer Penin discussed the Coastal Construction Control Line map project., The manager gave an update on several grant requests by the Village. The manager also gave an update on the stormwater utility construction program. The manager informed the Council that the county has begun striping Village streets. Manager Kissinger briefed the Council on the. Calusa Park tennis court replacement. Attorney Weiss stated that officials from Claytech have agreed to reimburse the Village for the cost of replacing said court. The manager submitted the following informational reports for the Council's review: a letter from Sylvia Lowman, commending the Village on the street tree program, dated October 9,-1993; a letter from Deborah F. Higer, Metro -Dade Solid: Waste Management Department, regarding a special assessment district, dated October 13, 1993; a memorandum from Michael Guido, United States Conference of Mayors, regarding cable television, dated October 15, 1993, and a letter from Daniel Cazzaniga, commending the Village on the newsletter, dated October 15;'1993. Mayor and Councilmembers. Councilman Sime requested clarification from staff regarding the decision of the Council on the Greco gas station zoning hearing. Building, Zoning and Planning Director Sobrino summarized the decision of the Council on that matter. Councilman Sime discussed the establishment of criteria for deteL«uining how to fund requests for grants from the Council. The Council directed the manager to prepare a policy addressing this matter. Councilman Sullivan discussed the possibility of having the Council meetings televised live. The manager was directed to research the issue. 11. RESOLUTIONS: Vice Mayor Brody read the following resolution by -title: Page 6 of 9 October 26, 1993 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH METRO-DADE COUNTY, FLORIDA FOR MAINTENANCE OF THE CRANDON BOULEVARD MEDIAN; PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution. The motion was seconded by Councilman Sime and adopted -by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting` Yes. The vice mayor read the following resolution by title: Al RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE TO PURCHASE THE TREE FARM PROPERTY; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion to table the resolution. The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. The vice mayor read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO CHIEF C.A. GIMENEZ AND THE CITY OF MIAMI FIRE RESCUE DEPAR T FOR ASSISTANCE IN THE ESTABLISHMENT OF THE VILLAGE'S FIRE RESCUE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Councilman Rasco made a motion to adopt the resolution. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Vice Mayor Brody read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS; REPEALING PRIOR AUTHORIZATION TO EXECUTE CHECKS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fried made a motion to adopt the resolution. The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. Page 7 of 9 October 26, 1993 The vicemayor read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY B/SCAYNE, FLORIDA ESTABLISHING AN INTERIM POLICY ON SETBACK AND LOT COVERAGE REQUIREMENTS FOR EXTERIOR STEPS, SLABS AND DECKS; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Weiss discussed the resolution. Mayor -elect John Festa, 695, Harbor' Lane, and Martha Broucek, 170 Ocean Lane Drive, addressed the Council. ' Councilman Rascomade a motion to adopt the resolution. The motion was seconded by Councilman Sime. Councilman Sime made a motion to amend the resolution by providing for an "accessory,buiading,,setback.". The Sime motion was seconded by Councilman 'Sullivan and adopted by a unanimous'voice vote. The vote was as follows: Counoilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vide Mayor Rrody voting Yes. The resolution was adopted by a 5 - 1 roll call, vote. The vote was as,follows: Councilmembers Fried, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes. CouncilmanHill voted No.` Vice Mayor Brody read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE; FLORIDA; OPPOSING -PROPOSED METRO-DADE COUNTY ORDINANCE RELATING TO NON-PUBLIC EDUCATIONAL AND CHILD CARE FACILITIES, WHIG WOULD IMPOSE UNIFORM' ZONING STANDARDS AND PROHIBIT MUNICIPAL STANDARDS IN CONFLICT WITH OR IN ADDITION TO DADE,COUNTY UNIFORM STANDARDS; `PROVIDING FOR AN EFFECTIVE DATE. At the manager's request, the resolution was presented to the Council for discussion only. 12. COMMITTEES: There were no committee reports submitted, to the Council. 13. OTHER BUSINESS/GENERAL DISCUSSION: Vice Mayor Brody recognized Councilman Hill for his time and commitment to the Village and Council in the past, two years. 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of upcoming meetings and events was presented to the Council and public. Page 8 of 9 October 26, 1993 15. ADJOURNMENT: The meeting was adjourned at 11:30 p.m. Approved this G- day of K;o , 1993 LCD Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA'11K CONSIDERED AT A METING OR EARING_, THAT PERSON WILL NEED A RECORD OF THE PROCEEEDWG9 MW, FOR SUCH PURPOSE, MAY DEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD IMMYymq THE TESTIMONY MW EVIDENCE UPON REICH THE APPEAL IS TO BE BASED. Page 9 of 9 MINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, NOVEMBER 8, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CATS, TO ORDER/ROLL CALL OF MEMBERS: The workshop was called to order by the clerk at 7:10 p.m.. Present were Councilmembers Mortimer Fried, Joe Rasco, Betty Sime, and Raymond Sullivan. Councilman Michael Hill, Vice Mayor Clifford Brody and Mayor Rafael Conte were absent. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, and Village Attorney Joseph Serota. Councilman Sullivan made a motion nominating Councilman Rasco to serve as mayor pro tem. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Rasco, Sime, and Sullivan voting Yes. 2. TREE FARM PROPERTY DISCUSSION: Mayor Pro Tem Rasco welcomed the public and introduced several of the consultant's scheduled to make presentations to the Council. Manager Kissinger gave a brief presentation regarding the acquisition of the tree farm property. The manager showed a video tape presentation by Bill Earle, a condemnation attorney, regarding property condemnation practices in the State of Florida. Attorney Serota also discussed condemnation procedures. Tom O'Brien, 200 Ocean Lane Drive, and Mary Schulman, 1121 Crandon Boulevard, inquired about the condemnation process. The manager discussed the two appraisals initiated by the Village. Mark Quinlivan, of J. Mark Quinlivan Real Estate Appraisers and Consultants, 5730 Southwest 74 Street, South Miami, addressed the Council. John Rosser, 300 Redwood Lane, and Ms. Schulman discussed the appraisals. The manager discussed the financial feasibility of acquiring the property. Percy Aguila, of Clayton, Brown and Associates, Inc., 201 South Biscayne Boulevard, Miami, addressed the Council regarding financial aspects of purchasing the property. Page 1 of 2 November 8, 1993 Camille Guething, 260 Seaview Drive, inquired about bank financing of the project. Luis Alcebo, 425 Grapetree Drive, inquired about long term versus short term. financing. Councilman -elect John Waid, 200 Ocean Lane Drive, asked, about the revenue sources that would be pledged as collateral. Conchita Suarez, 201 Crandon Boulevard, discussed bank versus bond financing. Mayor -elect John Festa, 695 Harbor Lane, discussed the advantages and disadvantages of general obligation bonds. Manager' Kissinger discussed the proposed uses for the property. Steve gitkin, of Robert Swarthout, Inc., 400 South Dixie Highway, Boca Raton, discussed the consensus from the Master Plan meetings for a central park:' The following addressed Mr. Pitkin's remarks and the potential uses for the tree farm: Mr. O'Brien Mayor -elect Festa; Marta Pruna, 201 Crandon Boulevard; Ms. Schulman Mr. Alcebo Ms. Suarez; Martha Broucek, 170 Ocean Lane Drive; Shirley Brill, 550 Ocean Drive; and Bill Ofgant, 512 Fernwood Road. The manager introduced Eric Valle, representing the University of Miami` School of Architecture, who discussed services that would be available to the Village from the university for the design of the park. Mayor Pro Tem Rasco opened the floor for any final public comments. There were no further speakers. 3. ADJOURNMENT: .The workshop was adjourned at 9:40 p.m. Approved this (4.14 day of \>0- ° r , 1993. Village dark Mayor Pro Tem IF A PERSON DECIDES TV APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MIER CONSIDERED AT A MEETING OR DARING, TEAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE TTLAT -A VERSA= RECORD OF TEE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND LvnJENCE UPON macs THEAPPEAL IS Tip BE BASED. Page 2 of 2 M I NUT E S VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE', FLORIDA TUESDAY, NOVEMBER 9, 1993 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, Joe Rasco.(arrived at 7:05 p.m.), Betty Sime, Raymond Sullivan, John Waid, and Mayor John Festa. Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss. 2. INVOCATION: Monsignor William F. McKeever, 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 adopting the minutes of the October 26, 1993 meeting as submitted... The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes. 5. AGENDA: Councilman Sime requested the addition of a video tape presentation by the Florida Department of Transportation. Councilman Sime also requested the discussion of a date for the first hearing of the Master Plan. Councilman Rasco requested the addition of discussion regarding the. Building, Zoning and Planning Department. Mayor Festa requested to hear Item 9, Resolutions, following the Building and Zoning items. There were no objections to the agenda changes. 6. ORDINANCES: The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE NO. 93-6 CHANGING THE NAME OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO BUILDING, ZONING AMID PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 1 of 9 November 9, 1993 Councilman Sullivan made a motion to adopt 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, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes. The clerk announced that the second reading will be held on November 23, 1993. At this time, Mayor Festa recognized former Mayor Rafael Conte who thanked the citizens of Key Biscayne for their support in the past few years and offered:,hisbest wishes to the Village Council. Mayor Festa also recognized former Councilman,Michael, Hill who was also present at the meeting_ 7. BUILDING AND ZONING: HEARING NUMBER 93 -SA -2: The applicant, Governor's Lodge, 300 Sunrise Drive, requested approval of development identification sign for a multi -family residential project pursuant to Section 6 of Ordinance No. 93-4. Building, Zoning and Planning Director Robin Sobrino stated her recommendation for approval. Jerome Filer, 7438 Southwest 48 Street, Miami, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. There were no speakers present. Councilman Sullivan made a motion adopting staff's recommendation for approval. The motion was seconded by Councilman Fried and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Councilman Rasco requested that staff review the current. procedure for approval of development identification signs and make a recommendation to the Council at a future meeting. HEARING NUMBER 93 -SA -'3: The applicant, Coral Reef Apartment, 303 Galen Drive, requested approval of a development identification sign for a multi -family residential project pursuant to Section 6 of the Ordinance No. 93-4. Director Sobrino stated her recommendation for approval. Mr. Filer, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. There were no speakers present. After brief discussion, Councilman Fried made a motion adopting staff's recommendation. The motion was seconded by Councilman Rasco and adopted by a unanimous roll call vote. The, vote was as follows: Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Page 2 of 9 November 9, 1993 HEARING NUMBER 93-11-AAD-1: The applicant, Michael Smithies, 365 Gulf Road, requested an appeal of an administrative decision of the Director, claiming that the Director erred by not issuing a paving peLmit`to allow the installation of brick pavers for an existing driveway. Director Sobrino stated her recommendation for denial of the request. Michael Smithies, 365 Gulf Road, requested deferral of. the item. Camille Guething, 260 Seaview Drive, spoke in support of the application. After brief discussion, Councilman Rasco made a motion to defer the item to the April 12, 1994'Council meeting. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Rasco, Sime, Sullivan,' Waid, and Mayor Festa voting Yes. HEARING NUMBER 93 -11 -VC -1: Marlene P. and Percy A. Elbrecht, 687 Woodcrest Road, the applicants, requested a non-use variance of setback requirements and a non-use variance of lot coverage. Director Sobrino stated her recommendation for approval. After brief discussion, Councilman Fried made a motion adopting staff's recommendation the motion was seconded by Councilman Sime and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers`Fried,`Llorente, Rasco, Sime, Sullivan; Waid, and Mayor Festa voting Yes. At this time, Item 9, Resolutions, were heard out of order. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SUPPORT OF DADE COUNTY'S PROPOSED WEST WELLFIELD PROJECT; URGING APPROVAL OF PHASE I OF THE WEST WELLFIELD PROJECT BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT GOVERNING BOARD; PROVIDING FOR AN EFFECTIVE DATE. Councilman Rasco made a motion adopting the resolution. The motion was seconded by Councilman Fried and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa voting Yes. The clerk read the following resolution by title: Page 3 of 9 November 9, 1993 A RESOLUTION OF THE. VILLAGE OF KEY.BISCAYNE, FLORIDA; =MESSING ITS DESIRE TO ACHIEVE SAFE PEDESTRIAN AND BICYCLE CIRCULATIONWITHINTHE VILLAGE;. AUTHORIZING THE MAYOR TO APPLY FOR FUNDS FRC4 THE DADE COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) FORA STUDY TO ACCOMPLISH. SAME; PROVIDING FOR AN EFFECTIVE DATE. Bill Ofgant, 512 Fernwood Road, and Servando Parapar, of the Florida Departmentrof.Transportation, addressed the council. Councilman Fried., made a motion.adopti.ngthe resolution. The motion was seconded by,councilmar Llorente.and'adopted by a unanimous voice vote. `.T,he vote was, asfollowsc. Councilmembers Fried, Llorente, Rasco, time, Sullivan, Waid, -and Mayor Festa voting Yes. Clerk Inguanzo read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY"BISCAYNE, FLORIDA; :AUTHORIZING THE MAYOR TO EXECUTt.THE ATTAR. AGREEMENT ON BEHALF OF THE VILLAGEWITH C. G. REBOZO AND PRECISION VALVE CORP. FOR THE PURCHASE OF THOSE CERTAIN PAW -WA OF REAL PROPERTY LOCATED IN KEY BISCAYNE, DADE COUNTY,; FLORIDA, AS MOREt.PARTICULARLY DESCRIBED'IN SCHEDULE "A" ATTACHED TO AND. MADE PART OF THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE, DATE. Manager Kissinger made a brief presentation.. The manager also announced the possibility of the Village receiving twenty acres from a potential developer of the current V.M.S. property. Attorney Weiss discussed the proposed contract with Mr. Rebozo and Precision ValeiCorporation. The following citizens addressed the Council: Eric Nesse, 750 Ocean Drive,,representing Key Biscayne Hotel and Villas, regarding the manager's comments; James Brewster, 500, North Mashta Drive, in support; Martha Broucek, 170 Ocean Lane Drive, in support; Gerald Braucek, 170 Ocean Lane Drive, in, support; Nancy Doke Harrison, 170 Ocean Lane Drive, in support; Conchita Suarez, 201 Crandon Boulevard, in support; Camille Guething, 260 Seaview Drive, in support of a general obligation bond vote; Deborah Neve, 180 Harbor Drive, in support; Steve Simon, 335 Harbor Lane, in support; Michelle Padovan, 425 Grapetree Drive, in support. Page 4 of 9 November 9, 1993 After brief discussion, Councilman Sullivan made a motion adopting the resolution. The motion was seconded by Councilman Sime. There. was further discussion regarding adoption of the resolution. Mayor Festa offered an amendment to the contract that, if a voter referendum is required by the Council, the effective date of the contract shall commence upon approval of the voters. If the referendum fails, the Council will have an additional ten days from that date .to determine alternate financing of the property. The Festa amendment was seconded by .Councilman Waid and adopted by a 4 - 3 roll call vote. The vote was as follows:: Councilmembers Fried ;Sime, Waid and Mayor Festa voting Yes. Councilmembers:Llorente, Rasco, andSullivan voted No. Attorney Weiss indicated that, if the amended contract is not accepted by the other party, a special Council meeting should be called to address the matter. After further discussion, Councilman Sime made a motion to reconsider the Festa amendment. The motion was seconded' by Councilman Rasco and adopted on a 5 - 2 roll call vote. The vote was as follows Councilmembers Fried, Llorente, Rasco, Sime, and Sullivan voting Yes. Councilman Waid and Mayor Festa voted No. Upon a further poll of the members, the Festa Amendment failed on a 2 5 vote. The vote was as follows: Councilman Waid and Mayor Festa voting Yes.' Councilmembers Fried, Llorente, Rasco, Sime, and Sullivan voted No. The Sullivan motion adopting the resolution in its substantial form was adopted by -a 6 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Waid voted No. The Council instructed the manager to schedule a special meeting as soon as possible to discuss the financing of the contract. 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 or THE VILLAGE WITH COASTAL MANAGEMENT AND CONSULTING, DELRAY BEACH, FLORIDA FOR DUNE MANAGEMENT CONSULTANT SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Page 5 of 9 November 9, 1993 The manager made a brief presentation regarding the agreement. Conchita Suarez, 201.Crandon Boulevard, spoke in support of the resolution. Councilman Rasco made a motion adopting the • ' resolution. The motion was seconded by Councilman Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers,,Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Fe?ta voting Yes.' Clerk Inguanzo read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTAGETD AGREEMENT ON' BEHALF OF THE: VILLAGE WITH BARTON-AS(311W ASSOCIATES, INC-. FOR'CONSULTING SERVICES FOR cRANDON BOULEVARD TRAFFIC OPERATION' IIonnROVEI tfl; PROVIDING FORAN EFFECTIVE DATE. The manager briefly discussed the proposal outlined:in the agreement. Bill Ofgant, 512 Fernwood Road, spoke in opposition to the resolution. Servando Parapar, of the Florida Department of Transportation, also addressed the Council.,*:: Setgio Mendoza, 761 Ridgewood Road, inquired about the purpose; of the resolution. After further discussion, Counci1.man Fried made ,a motion adopting the resolution The motion was secondedby Councilman Waid.' After further discussion, Councilman Rasco made:a motion to postpone the resolution to the meeting, of November 23, 1993. The motion was seconded by Councilman Fried and adopted lay a unanimous voice vote." The'vote was as follows: Councilmembers Fried, Llorente, Rasco, Sime, Sullivan,_"Waid,',and Mayor Festa; voting Yes. At this time, Servando Parapar, of the state Department of Transportation, made a presentation to the Council regarding transportation needs: A video tape showing of "On the Road Again" was apart of Mr. Parapar's presentation. 8. REPORTS AND RECOMMENDATIONS: The following reports were submitted`to the Council: VILLAGE ATTORNEY. Attorney Weiss briefly reported on the Key Colony/Stormwater Ordinance lawsuit and the Calusa Park lease agreement. The attorney also requested a datefor an executive session to discuss settlement of the Seaquarium lawsuit. The Council concurred to meet in an executive session on November 16, 1993 at 5:00 p.m. Page 6 of 9 November 9, 1993 VILLAGE CLERK. The clerk announced that, pursuant to the Village Charter, a vice mayor shall be elected by the Council at this time. Mayor Festa nominated Councilman Rasco. By unanimous consent, Councilman Rasco was elected Vice Mayor. Clerk Inguanzo submitted, for the Council's review, the certification of the November 2, 1993 regular election results. Councilman Sullivan recommended that a proclamation be awarded to Clifford'Brody, Rafael Conte and Michael Hill for their.service as former members of the Village Council. VILLAGE MANAGER. The manager recognized Village -Engineer Carlos Penin who made a brief presentation regarding the Key Biscayne Elementary School improvement program. The manager also announced that a lease agreement has been signed with the school board, effective January 1, 1994, for maintenance of the school fields. Manager Kissinger informed the Council that the Refuse Collection Study -contract has been executed with the Village Engineer. The manager requested that, in his absence, and in the absence of Finance Director Jack Neustadt, Police Chief Michael Flaherty be appointed to serve as acting manager. There was no action taken by the Councilmon this item. The manager briefly discussed the street marking and street sign program underwayby the county. The'manager was directed to report to the Council, in the future, prior to the placement of "no parking" signs. The manager recognized Recreation Director Laurie Tessler who informed the Council that the resurfacing of the Calusa Park tennis court will begin tomorrow. The manager presented to the Council his proposed application for grant funding from municipal monies. A decision on this item was deferred to a future date. The manager requested approval of a bid for photography related items, for production of a brochure promoting Key Biscayne, at a cost not to exceed $14,000.00. The item is part of a matching grant awarded to the Village by the Greater Miami Convention and Visitors Bureau. It was the consent of the Council that local businesses be encouraged to contribute the matching monies required by the grant in order to proceed with the project. Page 7 of 9 November 9, 1993 The manager gave an update on the "Mickey.'s Worldwide Kids Party. The manager also gave an update on the Hazardous Mitigation, Economic Development Administration and other pending grant applications. At the request of the manager, Building, Zoning and Planning Director Sobrino gave an update on the,: computerization of -the department."The manager also reported'that'Director Sobrino has tendered` her resignation. ;> Manager Kissinger gave an update on the following beautification programs: Crandon Boulevard; Street Tree Planting;: Re -sodding; and Neighborhood Public Landscaping. Bill Ofgant, 512 Fernwood Road, spoke in opposition to the Neighborhood` Public Landscaping program. The manager presented the December meeting schedule. It was the consent of the Council to cancel the December 28,_1993 meeting. At this time, Councilman Sime requested that a special meeting be called for December 7, 1993 to hold the first public hearing, on the Master Plan. There were no objections to the special meeting on December 7th. The manager submitted, for the Council's review, the following informational reports: The monthly departmental reports, the monthly financial statement; a letter from Debbie Higer, Chief of Service Development tor Metro -Dade County's Solid Waste Division, regarding a recycling ordinance, dated June 8, 1993; a letter from William O'Leary, the Village's Landscape Architect, regarding the removal of existing trees, dated October'25, 1993; a letter from William O'Leary, regarding the street tree planting program, "dated November 1, 1993; a letter from Joaquin Avino, Metro -Dade County Manager, regarding five cent capital improvement local option gas tax, dated November 1, 1993; and an article from AAA World, regarding Florida's top beaches, dated November/December 1993. MAYOR AND COUNCILMEMBERS. Councilman Sullivan discussed the establishment of a, citizens committee. The Council agreed to further study the issue. Councilman Llorente, with the consent,of the Council, appointed Patricia Romano to serve on the Zoning'Code Review Committee. Page 8 of 9 November 9, 1993 Councilman Rasco requested that a task force be appointed to analyze the Building, Zoning and Planning Department and make recommendations for improvements. Councilman Fried made a motion appointing Councilman Llorente to serve on such a task force. The motion was seconded by Councilman 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. 10. COMMITTEES: There were no committee reports submitted to the Council. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings an events was presented to the Council and public. 13. ADJOURNMENT: The meeting was adjourned at 11:50 p.m. Approved this 2 era day of 6` CA r -/{ , 1993 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY Zfln .'k CONSIDERED AT A MEN= OR HEARING, THAT PERSON WILL .NEED A RECORD OF THE PROCEEDINGS .AND, FOR SUCH PURPOSE, MAY 1VEED TO ENSURE THAT A VERBATIM RECORD OF TTS PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TEN TESTIMONY ARID EVIDENCE UPON WHICH THE APPEAL IS TD BE BASED Page 9 of 9 M I NUT E S SPECIAL VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 16, 1993 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 6:00 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, and Mayor John Festa. Vice Mayor Joe Rasco was absent. Also present were Village Manager Sam Kissinger, Village Attorney Steve Helfman and Acting Village Clerk Yocelyn Galiano Gomez. Prior to discussion regarding the tree farm property, Mayor Festa inquired about zoning regulations regarding the re -filing of zoning applicatiopns. Attorney Helfman discussed sections of the code pertaining to the mayor's question. The Council further discussed the matter. 2. DISCUSSION REGARDING TREE FARM PROPERTY: Manager Kissinger and Percy Aguilal, the Village's financial advisor, gave a brief report regarding the financing of the purchase of the Crandon Boulevard tree farm property. The Council concurred to schedule for the meeting of November 23, 1993, on first reading, all ordinances relating to the financing of the project. The Council discussed the various aspects of general obligation bonds and bank Loans. 3. OTHER BUSINESS/GENERAL BUSINESS: There was no further business discussjed. 4. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. Approved this i ►44 day of t,..) e-CPl.,6-f/Y , 1993 Village erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY UM VILLAGE COUNCIL WITH RESPECT TO ANY MA'flx2c CONSIDERED AT A MEET QG OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AMID, .FOR SUCH PURPOSE, MAY NEED 217 ENSURE THAT A VERBATIM RECORD OF TIM PROCEEDINGS IS MADE, WHICH RECORD mars no 2ESTIlhNY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. M I NUT E S SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 16, 1993 KEY BISCAYNE PRESBYTERIAN CHURCH 160 HARBOR DRIVE 1. CALL TO ORDER/ROLL CALL OF B S: 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, and Mayor John Festa. Vice Mayor Rasco was absent. Also present were Village Manager Sam Kissinger, Village Attorney Steve Helfman and Acting Village Clerk Yocelyn Galiano Gomez. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. BUILDING, ZONING AND PLANNING: This item was continued from the special Council meeting of October 26, 1993. Bearing Number 93 -10 -VC -2.. Royal Biscayne Venture, the applicant, requested modification of an approved D.R.I. development order, resolution and recorded agreements as well as accompanying variances for the proposed hotel/residential project located on the property lying on the east side of Crandon Boulevard, between East Heather Drive and Galen Drive. Building, Zoning and Planning Director Robin Sobrino stated her recommendation for approval subject to conditions of the director. Sherwood Weiser, 3250 Mary Street, Miami, of the Royal Biscayne Venture, addressed the Council regarding the proposed project. Mayor Festa opened the public hearing. Acting Clerk Gomez read a letter from Lorraine Sonnabend, 330 Pacific Road, regarding her support for the project. The following residents spoke in support of the application: William Croysdale, 550 Ocean Drive; Martha Broucek, 170 Ocean Lane Drive; John Conover, 881 Ocean Drive; Elliot Tyler, 615 Ocean Drive; Jackie Rose, 390 Caribbean Road; Ed Flynn, 744 Woodcrest Road; Conchita Suarez, 201 Crandon Boulevard; Tim Stickney, 285 Woodcrest Road; and Camille Guething, 260 Seaview Drive. Page 1 of 3 November 16, 1993 The following residents spoke in opposition to the application: Jim Brewster, 500 North Mashta Drive; Clifford Brody, 180 Harbor Drive; Sally Brody, 180 Harbor Drive, and Bill Ofgant, 512 Fernwood Road. There being no further speakers, the mayor closed the public hearing. Mr. Weiser made further comments to the Council and public. Carter McDowell, 100 Southeast 2 Street, Miami, representing the applicant, addressed the Council. Taft Bradshaw, 4337 Seagrape Drive, Lauderdale -by -the -Sea, also representing the applicant, made comments regarding the entrance features of the project. After extensive discussion. by the Council, Mr. Weiser offered a voluntarycontribution of $250,000.00 for the development of the Village's tree farm property. Councilman Fried made a motion waiving the building moratorium. 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. Councilman Fried made a motion finding that the application is not a substantial deviation from the previously approved D.R.I. project. 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. Councilman Fried made a motion adopting staff's recommendation, as well as accepting the applicant's additional voluntary. contribution of $250,000.00 for parks and recreation. The motion was seconded by Councilman Waid., Councilman Llorente offered an amendment to the Fried motion eliminating the single-family residence entrance to the project, providing for an emergency entrance only, subject to a traffic engineering study. The amendment was seconded by Councilman Sullivan and adopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Waid voted No. Councilman Sullivan offered an amendment to the Fried motion prohibiting the construction of buildings east of the Coastal Construction Line. After brief discussion, the amendment was withdrawn. Page 2 of 3 November 16, 1993 After further discussion, the Fried motion, as amended, was adopted by a 4 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Waid, and Mayor Festa voting Yes. Councilmembers Sime and Sullivan voted No. The mayor called for a five minute recess. 4. OTHER BUSINESS/GENERAL BUSINESS: Mayor Festa requested Council approval of funding for a presentation by the Zoning Code Review Committee. Councilman Sullivan made a motion to provide funding to the Zoning Code Review Committee, in an amount not to exceed $5,000.00, for preparation of a presentation regarding the committee's work. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. By unanimous consent, the Village Attorney was instructed to prepare a draft ordinance based on the work of the Zoning Code Review_ Committee. 5. ADJOURNMENT: The meeting was adjourned at 10:05 p.m. Approved this l L day of �Ce r . L -try , 1993 Village CTerk Mayor IF A PERSON DECrnWS TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY } l,ratt CONSIDERED AT A MEET= OR BEARWG, 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 TESTMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 3 of 3 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA ruhSDAY, NOVEMBER 23, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF M SG: The meeting was called to order by Mayor Festa at 7:00 p.m. Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime (arrived at 7:05 p.m.), 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: Father Robert M.G. Libby, of St. Christopers-by-the- Sea, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 4. APPROVAL OF MINUTES: Mayor Festa offered the following correction to the minutes of the meeting of November 9, 1993: Page 5 of 9, the fourth paragraph was corrected to read "Upon a further poll of the members, the Festa Amendment failed on a 2 - 5 vote. The vote was as follows: Councilman Waid and Mayor Festa voted Yes. Councilmembers Foie 1orente, Rasco, Sime, and Sullivan voted No." Councilman Fried de a motion adopting the amended minutes of the meeting of November 9th. 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 that the "Mayor/Councilmember" section of the agenda appear following the "Building and Zoning" items at this meeting and on future agendas. There were no objections. Mayor Festa requested the addition of discussion regarding the scheduling of a special meeting of the Local Planning Agency to review a report of the Zoning Code Review Committee. There were no objections. Mayor Festa also requested the addition of discussion regarding the Village sign ordinance following the discussion of the "Building and Zoning" items. There were no objections. Mayor Festa and the Village Council made a presentation of Resolution 93-50 to City of Miami Fire Rescue Chief C.A. Gimenez in appreciation Page 1 of 8 November 23, 1993 of the City of Miami's cooperation in the establishment of the Village's Fire Rescue Department: Fire Rescue Chief William Huddleston also presented ChiefGimenez with a plaque. 6. PUBLIC COMMENTS: Michael Kahn, 881 Ocean Drive, discussed the issue of parking on the right-of-way in front of the L'Esplanade property. 7. ORDINANCES: Prior to consideration of ordinances relating to the financing of the purchase of the Crandon Boulevard tree farm property, The manager and Percy Aguila, the Village's finance consultant, made a presentation to the Council regarding several bank loan proposals received by the Village. Mayor Festa opened the floor for comments from the public. Martha Broucek, 170 Ocean Lane Drive, spoke in support of financing the project with a revenue bond. Councilman Llorente-made a motion authorizing the Village Manager to negotiate with Northern Trust Bank of Florida for a ten year loan with a fifteen year amortization period;. The motion failed due to lack of a second. Councilman Sullivan made a motion authorizing staff to negotiate wit Northern Trust Bank of Florida for a ten year loan, at an interest l rate of 4.36 percent, for a ten year amortization, period. The motion was seconded by Councilman Sime. There was extensive discussion regarding, the Sullivan motion. The motion was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes. Councilman Waid and Vice Mayor Rasco voted No. Jeff Decarlo, of the firm of Ruden Barnett, the Village's bond counsel, also addressed the Council on the matter. The clerk read the following alternate ordinance presented by the Village Attorney, on first reading, by title; AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,500,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTH TIME DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. Mayor Festa made a motion adopting the ordinance on first reading. Councilman Sime seconded the motion. Page 2 of 8 November 23, 1993 Councilman Llorente offered an amendment to the ordinance that Northern Trust Bank of Florida be specifically mentioned in the ordinance. After brief discussion, the amendment was withdrawn. The Festa motion, adopting the ordinance on first reading, was adopted by 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 ordinance will be on second reading on December 14, 1993. The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE NO. 93-6 CHANGING THE NAME OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO BUILDING, ZONING AND PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa opened the public hearing. There were no speakers present. Councilman Fried made a motion adopting the ordinance on second reading. The motion was seconded by Vice Mayor Rasco 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. 8; RESOLUTION: At the request of the Village Attorney, the following resolution was withdrawn from further consideration: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING FORA. REFERENDUM REGARDING THE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE VILLAGE IN AN AMOUNT NOT TO EXCEED TEN yrrs.tON DOLLARS FOR THE PURPOSE OF ACQUIRING AND IMPROVING UNDEVELOPED REAL PROPERTY FOR VILLAGE PURPOSES; PROVIDING FOR PUBLICATION OF NOTICE OF SAID RE ERENDUM; PROVIDING FOR SEVERABILITY; AND PROVIDING AND EFFECTIVE DATE. 9. BUILDING AND ZONING: NEARING NUMBER 93 -11 -VC -9.: The applicant, Patricia Ann Vidri, 770 Allendale Road, requested a non-use variance of setback requirements for an existing residence and existing patio privacy walls and wing walls. Building, Zoning and Planning Director Robin Sobrino stated her recommendation for approval subject to specified conditions. Page 3 of 8 November 23, 1993 George Otero, 75 Valencia Avenue, Coral Gables, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. There were no speakers present. Mayor Festa.made a motion adopting staff's recommendation. The motion was seconded by Councilman Llorente 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. BEARING NO. 93 -SA -4: Ocean Drive, Manor Condominium Association, the applicant, 590 Ocean Drive, requested approval of a development identification sign for multi -family residential development. Director Sobrino stated her recommendation for approval. The applicant was not present. Mayor Festa opened the public hearing. There were no speakers present. Vice Mayor Rasco made a motion adopting staff's recommendation. 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. Mayor Festa discussed several aspects of the Village's sign ordinance. Naydu Commenoz, of the Commenbz Gallery, 328 Crandon Boulevard, discussed. her recent request for the placement of a banner at her gallery. Mr. Broucek also addressed the Council on the issue of political signs. The Council agreed to hold a workshop to further discuss the matter.. At this time, the !'Mayor/Councilmembers" items were heard by the Council. Councilman Sullivan discussed his proposal for the establishment of a citizens advisory committee. Attorney Weiss indicated that he will prepare a recommendation regarding the creation of informal committees for presentation at a future meeting. Mayor Festa called for a town meeting to be held in mid -January to discuss many of the issues affecting the future of the Village including the creation of committees. Mr. Kahn addressed the Council on this matter. Councilman Sullivan made a motion creating a Key Biscayne Elementary School Construction Advisory Board. The motion was seconded by Mayor Festa. Bill Ofgant, 512 Fernwood Road, and Ms. Broucek addressed the Council. After extensive discussion, the motion was adopted by a Page 4 of 8 0 November 23, 1993 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 appointing Councilman Sullivan as chairman of that committee. 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 Sime requested that the Council wave the required permit fee for the sale of Christmas trees by the Key Biscayne Athletic Association. Councilman Sime made a motion waiving the fee. 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. Mayor Festa discussed the possibility of amending the Zoning Code, Section 33-304, as it pertains to the withdrawal of zoning applications. Mayor Festa made a motion instructing the attorney to review the code and draft a section providing for exemptions to the restrictions on the re -filing of zoning applications. The motion was seconded by Councilman Llorente. Mr. Kahn and Ms. Broucek addressed the Council. Mayor Festa made a motion amending the main motion to state that the code be changed, to allow the re -filing of zoning applications, from six months to three months. The motion failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers Llorente, Waid and Mayor Festa voting Yes. Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voted No. Jeffrey Bercow, 200 South Biscayne Boulevard, Miami, addressed the Council on the matter. After further discussion, Councilman Fried made a motion to table the item until the next meeting. Councilman Sime seconded the motion which failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers Llorente, Waid and Mayor Festa voting Yes. Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voted No. Mayor Festa made a motion to table the item until end of meeting. 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 Mayor Festa voting Yes. Councilmembers Fried, Sime, Sullivan and Vice Mayor Rasco voted No. Judy Reinach, 365 Harbor Lane, also addressed the Council on the matter. Page 5 of 8 November 23, 1993 On the main Festa motion, upon a poll of themembers, the motion failed on a 3 - 4 roll call vote. The vote was as follows: Councilmembers Llorente, Waid and Mayor Festa voting Yes. Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voted No. Mayor Festa requested a special meeting of the Local Planning Agency to review the recommendations of the Zoning Code Review Committee. The mayor requested that Councilman Sime, as chairman of the Local Planning Agency, call the meeting for a date to, be determined later. 10. REPORTS AND SONS: The following reports were submitted to the Council: VILLAGE ATTORNEY. The attorney reported briefly on the Key Colony/Stormwater Ordinance lawsuit. Mayor Festa made a motion directing the village Attorney to review the options with the lawsuit. The motion was seconded by Councilman Waid 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 Sullivan, Sime and Fried voted No. The attorney also reported on the Calusa Park lease agreement and on the agreement for the purchase of the Crandon Boulevard tree farm. VILLAGE CLERK Clerk Inguanzo informed the Council that he has successfully completed the second year of the three year Certified Municipal Clerk program. VILLAGE MANAGER The manager and Village Engineer Carlos Penin briefly reported on the Key Biscayne Elementary School Basketball court improvement program. The manager reported that Fire Rescue Chief Huddleston will serve as acting manager in the absence of Finance Director Jack Neustadt. The manager also gave brief reports on the street markings and street sign replacement program, as wellas the replacement of the tennis court at Calusa Park. Councilman Rasco made a motion to waive competitive bidding and award a contract, in an amount not to exceed $4,450.00, for the replacement of tennis courts at Calusa Park_ 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. The manager deferred discussion of the proposed grant program application form and the scheduling of a forum by the Florida Department of Transportation. Page 6 of 8 November 23, 1993 The manager informed the Council that he is negotiating with Adelphia Cable Communications regarding the live broadcast of Council meetings. The manager and Lia Frary, of the Recreation Department, reported to the Council on the recent trip sponsored by the Recreation Department to "Mickey's Worldwide Kids Party" for deserving children of the Village. The manager gave a brief update regarding pending grant requests. The manager stated that he is accepting applications for the position of Building, Zoning and Planning Director. The manager gave an update on the Village's beautification program. Manager Kissinger presented the 1994 schedule of Council meetings. It was the consent of the Council to amend the schedule by canceling the meetings of August 23rd, November 8th, November 22nd, and December 20th. The Council also scheduled a meeting for November 15th. The manager submitted the following items for the review of the Council: a letter from Janette Carter, of Mercy Hospital, dated October 20, 1993, regarding the Village's Fire Rescue Department; a letter from Congresswoman Ileana Ros-Lehtinen, dated October 21, 1993, regarding the Village's new Fire Rescue Department; a letter from Key Biscayne Community Church Day School, dated November 1, 1993, regarding Fire Rescue Department presentation at their facility; a memorandum from Fire Rescue Chief William Huddleston, dated November 2, 1993, regarding a rescue transport fee; a letter from Alejandro Suero, dated November 10, 1993, regarding the Village's Fire Rescue Department; a memorandum from Recreation Director Laurie Tessler, dated November 10, 1993, regarding the Calusa Park tennis program; a memorandum from Economic Development Director Susan Gregorie, dated November 14, 1993, regarding the visit of the. Coast Guard Cutter Key Biscayne; a letter from Janette Jerassy, dated November 15, 1993, regarding the Village's Building, Zoning and Planning Department. Mayor Festa discussed the transport fee referred to in Chief Huddleston's memorandum. It was the consent of the Council that a fee not be collected. Mayor Festa discussed the Recreation Department's Calusa Park tennis program. Mayor Festa and Councilman Llorente discussed the Coast Guard's Cutter Key Biscayne visit. Mayor Festa made a motion to limit funding to the cutter's visit for supplies, printing, the plaque, and any required transportation. Mr. Ofgant addressed the Council. The motion was Page 7 of 8 November 23, 1993 seconded by Councilman Llorente and adopted on a 5 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Sime and Sullivan vote No. Councilman Sullivan made a motion supporting the planned Cutter Key Biscayne activities -- in an amount not to exceed $2,000.00 as the last source of funding for the project if all private sources have been exhausted'. Councilman Sime seconded the motion: Councilman Rasco made a motion., amending the Sullivan. motion limiting the proposed funding to $1,000.00. Councilman Llorente seconded the motion. Ms. Broucek and Steve Simon, 335 Harbor Lane, addressed the Council. The amendment was adopted by a 5 - 2 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Sullivan and Waid voted No. The amended Sullivan motion was adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voting Yes. Councilmembers Llorente, Waid and Mayor Festa voted No. 11. COMMITTEES: There were no committee reports submitted to the p Council. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council.` 13. SCHEDULE OF FUTURE MEEl=S/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 14. ADJOURN T: The meeting was adjourned at 11:45 p.m. Approved this k Mt day of eCen--64.111 , 1993 Village erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COLIDTCIL 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 20 ENSURE THAT .A VERBATIM RECORD OF THE PROC!SDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ARID EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 8 of 8 n MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 7, 1993 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, and Mayor John Festa. Vice Mayor Joe Rasco was absent. Also present were Village Manager Sam Kissinger, Village Attorney Steve Helfman, Village Clerk Guido Inguanzo, and Master Plan Consultant Robert Swarthout. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge. 3. AGENDA:. There were no changes to the agenda. Mayor Festa made a motion suspending the adopted rules of the Council to allow for unlimited public participation. The motion was seconded by Councilman Waid and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes. Mayor Festa made a motion adopting for the meeting the Local Planning Agency rules for public participation. 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. 4. FIRST READING OF COMPREHENSIVE MASTER PLAN: Prior to any discussion, the clerk read a letter from Jean -Charles Dibbs, 201 Crandon Boulevard, which addressed concerns regarding Ocean Drive. Mayor Festa discussed the community character statement. The following residents addressed the Council on that matter: Michael Kahn, 881 Ocean Drive; Clifford Brody, 180 Harbor Drive;. Camille Guething, 260 Seaview Drive; Martha Broucek, 170 Ocean Lane Drive; Conchita Suarez, 201 Crandon Boulevard; and Mary Wills, 210 Seaview Drive. After extensive discussion, the following character statement was adopted: "Key Biscayne should be a residential community. Development policies should protect residential character. Future residential development should be at the lowest densities consistent with protection of reasonable property rights. Page 1 of 4 December 7, 1993 Hotels should be permitted in order to provide ocean access opportunities and respect an established land use pattern; however, they should be modest in size so as not to overpower the community's residential character. Other commercial development should be sized to meet the needs of residents and hotel guests. Office development should be 'United to the minimum amount practical in light of existing development patterns. The Florida Department of Natural Resources should be encouraged to allow only low intensity use of Bill Beggs Park thereby minimizing its potential for burdening Crandon Boulevard. The different residential parts of the Village should be integrated into a unified Community to the maximum extent possible. The Council discussed the Future Land Use map. The following residents addressed the Council on various issues regarding the proposed map: Ms. Broucek,• Ms. Guething; Ms. Wills; Joe Valls, 180 Harbor Drive; Ms,. Suarez; Tony O'Donnell, 701 Brickell;Avenue, Miami; Mr. Brody; Bill Ofgant, 512 Fernwood Road; Carter McDowell, 100 Southeast 2 Street, Miami, representing Biscayne Royal Venture and Silver Sands; and Eric Nesse, 750 Ocean Drive, representing Banyan. Corporation. There was extensive discussion regarding the L'Esplanade property. Mayor Festa made a motion that the property retain its current Retail Commercial designation, allowing the Village Attorney time to research the matter, hence giving the Council the opportunity to make a'final <determination, regarding said property, at the second reading of the plan. 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. Retail Commercial and Office designations were discussed in relation to particular properties ("KFC" property at Crandon Boulevard and "Exxon" property at West Mashta Drive),. Councilman Llorente made a motion changing the designation of the "KFC" property to Retail. The motion was seconded by Mayor Festa andadopted by a 5 - 1 roll call vote. The vote was as follows: Councilmembers Fried, Llorente, Sime, Waid, and Mayor Festa voting Yes. Councilman Sullivan voted No. After brief discussion, it was the consent of the Council to designate the Crandon Boulevard tree farm property as Public Institutional. The master plan consultant was directed to prepare a study on a mixed -use category. Page 2 of 4 December 7, 1993 Councilman Waid made a motion to designate the "Exxon" property as Retail and Office. The motion was seconded by Mayor Festa and failed on a 2 - 4 roll call vote. The vote was as follows: Councilman Waid and Mayor Festa voting Yes: Councilmembers Fried, Llorente, Sime, and Sullivan voted No. It was the consent of the Council to include a notation on the map to indicate the currently approved Biscayne Royal Venture D.R.I. site. There was extensive discussion regarding designations on the Banyan Corporation D.R.I. property. It was the consent of the Council to also include a notation on the map indicated the vested rights of the Banyan property. The following additional changes to the plan were also made by the Council: Future Land IMP: Policy 1.1.5 was deleted; dates throughout the document were adjusted accordingly; Objective 1.2 was amended to state "encourage private revitalization"; Objective 2.1 was amended to give the Village an opportunity to begin sanitary sewer service at a later date than indicated; Policy 2.3.1. was amended to reflect "Village Manager or designee" instead of "Community Development Director"; "Low Density Single Family" category was amended to include "houses of worship and primary and secondary schools"; "Retail Commercial" category was amended to read "Commercial"; "High Density Multifamily and Ocean Resort Hotel" was amended to read "Medium Multifamily and Ocean Resort Hotel"; "Agriculture" category was deleted; "View Corridor" category was amended to delete the verbiage "according to court approved standards"; Policy 1.4.1 was deleted; and Policy 1.4.2 was amended to delete sub -section 2. Housing: Policy 1.1.3 was deleted .as was Policy 1.3.1. infrastructure: Objective 1.2 was amended to change "begin to achieve" to give the Village additional time for compliance if needed; and Policy 1.5.1 was amended to include a reference to Xerescape and delete reference to "Village landscape code". Conservation and Coastal Management: Objective 1.5 was amended to clarify that the requirement was strictly for single family homes; and Policy 2.2.3 was deleted. Attorney Helfman stated that he also has technical corrections and will meet with the consultant to discuss those additional changes. Page 3 of 4 December 7, 1993 At midnight, Mayor Festa made a motion to continue the meeting to Monday, December 13, 1993 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, Waid, and Mayor Festa voting Yes. 5. ADJOURN: The meeting was adjourned at 12:05 a.m. Approved this 1'1Q- day of Ole , 1993 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR BEARING, TEAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY r® Ta ENSURE THAT A VERH TTM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 0 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, DECEMBER 13, 1993 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, John Waid (arrived at 7:05 p.m.), 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 Council meeting held on December 7, 1993. Attorney Helfman announced that the Council will meet in an executive session on Tuesday, December 14, 1993, at 5:30 p.m. Mayor Festa opened the floor for discussion regarding adoption of the Comprehensive Master Plan. The Council briefly discussed Traffic Circulation. Servando Parapar, 240 Cypress Drive, addressed the Council regarding a north - south traffic circulation corridor along the east side of the island. Councilman Sime addressed the issue and requested that a special meeting be held to specifically discuss the matter. The following residents addressed the Council regarding a possible north -south traffic corridor: Camille Guething, 260 Seaview Drive; Conchita Suarez, 201 Crandon Boulevard; Martha Broucek, 170 Ocean Lane Drive; Shirley Brill, 550 Ocean Drive; and Henny Becker, 290 West Mashta Drive. Mayor Festa recommended that the manager study the issue and prepare a recommendation for the Council prior to final submission of the plan. The Council extensively discussed the Recreation and Open Space segment of the plan. Ms. Broucek addressed the Council. The Council concurred to adopt a policy allowing the Village time to research all options available in terms of recreationlevel of service. The Council also amended Objective 1.4 (Open Space) to read "Achieve public open space -in the Village, some public open space on the waterfront plus open space in conjunction with any new private development" and deleted Policy 1.4.3. Page 1 of 2 December 13, 1993 After brief discussion of the Capital Improvements element, Policy 1.1.5 was amended to delete the words "general obligation" Michael Kahn, 881 Ocean Drive, addressed the Council. Councilman Waid made a motion to amend Policy 1.1.5 to limit debt to 1.5 percent of total assessed valuation. The motion was seconded by Councilman Llorente and adopted by a 4 - 3 roll call vote. The vote was as follows: Councilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilmembers Fried, Sime and. Sullivan voted No. The. Council also made the following additional changes to the proposed plan: any references to specific Village employees were changed', to "Village Manager or designee"; and references to a Village newsletter were deleted. Mayor Festa made a motion to continue the meeting to Tuesday, January 11, 199:4, at 6:00 p.m. for approval of the plan as amended. 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. The meeting was adjourned at 9:30 p. Approved this 0. day of , 1994 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA7 J.'r.ZC 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE. BASED. Page 2 of 2 kiJ M I NUT E S VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 14, 1993 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 Steve Helfman. 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 MaNUTES: Councilmembers offered technical amendments to the minutes of the meeting of November 23, 1993. Mayor Festa made a motion adopting the minutes of the workshop meeting of November 8, 1993, the minutes of the workshop meeting of November 16, 1993, the minutes of the special meeting of November'16, 1993, the amended minutes of the: special meeting of November 23, 1993, and the minutes of the special meeting of December 7, 1993. Councilman Fried seconded the motion which 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. AGENDA: Councilman Rasco requested the addition of a presentation to the Village, by resident Ed Stone, on behalf of the Coast Guard Cutter Key Biscayne. Councilman Llorente requested the addition of a report regarding the building and zoning task force. Mayor Festa 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. SPECIAL PRESENTATION: Mayor Festa and the Council presented a proclamation to former mayor Rafael Conte in appreciation for his years of service. Mayor Festa also proclaimed Rafael Conte as mayor emeritus of the Village. Page 1 of 10 Mayor Festa and the Council also presented proclamations to former vice mayor Clifford Brody and former councilman Michael Hill in appreciation for their years of service as members of the Board of Trustees and Council. Ed Stone, on behalf of the Coast Guard Cutter Key Biscayne, presented a plaque to the Council commemorating the cutter's recent visit to South Florida. 7. ORDINANCES: The clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING' THE ISSUANCE OF NOT EXCEEDING $9,500,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTS THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. Mayor Festa opened the public hearing. Hugh O'Reilly, 475 Allendale Road, addressed the Council. Councilman Fried made a motion adopting the ordinance on second reading'. Councilman Llorente seconded the motion which 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. 8. RESOLUTIONS: The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF LAND ACQUISITION REVENUE BONDS, SERIES 1993,. OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE AMOUNT OF`$9,200,000 FOR THE PURPOSE OF ACQUIRING AIO DROVING THE TREE FARM PROPERTY; AWARDING THE SALE OF THE BONDS TO NORTHERN TRUST BANK OF FLORIDA; PROVIDING FOR SECURITY FOR THE BONDS PROVIDING OTHER PROVISION RELATING TO TH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;' AND PROVIDING AN Umek.CTIVE DATE. Jeff Decarlo, the Village's Bond Counsel, and Percy Aguila, the Village's Financial Advisor, addressed the Council. At the request of the bond counsel, the resolution was amended to read on page 2, paragraph 4: "Interest on the Bonds shall be computed on the basis of a 360-d7y year consisting of twelve (12) 30 -day months". Councilman Fried made a motion adopting the amended resolution: The motion was secondedby Councilman Waid 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 2 of 10 December 14, 1993 The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANGER TO EXECUTE THE ATTACHED AGREEMENT, ON BEHALF OF THE VILLAGE, WITH C.A.P. ENGINEERING CONSULTANTS, INC., MIAMI, FLORIDA, FOR PROFESSIONAL SERVICES RELATING TO DEPARTMENT OF ENVIRONMENTAL REGULATION SANITARY SEWER CONSTRUCTION LOAN APPLICATION; PROVIDING FOR AN EFFECTIVE DATE. The manager and Village Engineer Carlos Penin addressed the Council. After brief discussion, Councilman Fried made a motion adopting the resolution. 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 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 UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE, CENTER FOR URBAN AND COMMUNITY DESIGN, CORAL GABLES, FLORIDA FOR A STUDY OF OPPORTUNITIES AND OPTIONS FOR THE TREE FARM PROPERTY; PROVIDING FOR AN EFFECTIVE DATE. The manager made a brief presentation. Martha Broucek, 170 Ocean Lane Drive, and Ed Meyer, 100 Sunrise Drive, addressed the Council. After extensive discussion by the Council, Councilman Fried made a motion adopting an alternate resolution instructing the manager to negotiate an agreement with the University of Miami for the preparation of general proposals regarding possible uses for the tree, farm property. The motion was seconded by Mayor Festa 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 resolution by title.: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OPPOSING THE CURRENT VERSION OF SENATE BILL 1405 (THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993) AND RECOMMENDING CHANGES WHICH WOULD MARE THE PROPOSED LAW ACCEPTABLE TO THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 10 December 14, 1993 After brief discussion, the Council deferred action on this resolution. The clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGEMANAGER TO EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR UTILITY WORK ON CRANDON'BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. The manager briefly discussed the agreement. Conchita Suarez, 201 Crandon Boulevard, addressed the Council. Councilman Llorente made a motion adopting the. resolution. 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 Festa voting Yes. 9. BUILDING AND ZONING: Hearing Number 93 -9 -VC -2: Botanica Development Associates and Key Colony No. 4 Condominium Association, Inc., 141 Crandon Boulevard, #440, theapplicant, requested modification of condition #3, of Resolution Z-244-78, passed and adopted by the Dade County Board of County Commissioners on the 19th day of October, 1978 and which was last modified by Resolution 4-ZAB-379-86, passed and adopted by the Dade County Zoning Appeals Board on the 24th day of September, 1986 only as it applies to additions made to Unit #440. Zoning Consultant Daniel Nieda stated his recommendation for approval. Tony O'Donnell, 701 Brickell Avenue, Miami, representing the applicant, addressed the. Council. Mayor Festa opened the public hearing. Mr. Nieda read a letter from Nilsa de Pulgar, 141 Crandon Boulevard, #441, who was opposed to the application. Mr. O'Donnell read a letter from Lorraine Neumann, 101 Crandon Boulevard, indicating support for the application on behalf of Units 446 and 438. There were no speakers present. Councilman Waid made a motion adopting the consultant's recommendation. 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 Festa voting Yes.' Page 4 of 10 December 14, 1993 Hearing Number 93 -12 -VC -1: John A. Catsimatisis, Florida Supermarket, Inc., D.B.A. Wooley's, 700-724 Crandon Boulevard, the applicant, requested that the Village permit the applicant to submit plans indicating a 1,068 square foot addition to the existing supermarket and the reconfiguration of the parking lot to provide six (6) additional parking spaces and landscaping. Mr. Nieda stated his recommendation for approval subject to conditions. Armando Caso, 3501 Southwest 8 Street, Miami, representing the applicant, addressed the Council. Mayor Festa opened the public hearing. Guy Smith, 701 Fernwood Road, and Kathleen Singer, 745 Fernwood Road, addressed the Council. It was the consent of the Council that the applicant provide additional landscaping, as required, along Village right-of-way contiguous to the property, in accordance with a plan to be approved by the Village. After extensive discussion, Vice Mayor Rasco made a motion adopting staff's recommendation and the Council's additional condition. The motion was seconded by Councilman Llorente and 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. Hearing Number 93 -12 -VC -2: Z & V Corporation, 180 Crandon Boulevard, requested a use variance to permit a pet grooming business in the BU -1 Zone. Mr. Nieda stated his recommendation for approval subject to certain conditions. Ben Benach, 240 Crandon Boulevard, representing the applicant, addressed the Council_ Mayor Festa opened the public hearing. Ms. Suarez and James Palafian, 1800 South LeJeune Road, Coral Gables, the owner of the property, addressed .the Council. Councilman Fried made a motion adopting the consultant's recommendation. The motion was seconded by Councilman Llorente. Councilman Sullivan made a motion amending the Fried motion to require screening of air conditioner units and resolving the un- painted wall on the property prior to the issuance of any Page 5 of 10 December 14, 1993 certificates of occupancy. The motion was seconded by Mayor Festa and 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. After brief discussion, the amended Fried motion 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. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilman Sullivan discussed the goals and objectives of the Elementary School Advisory Committee. Mayor Festa, with the unanimous consent of the Council, appointed the following individuals to serve on the committee: Martha Broucek, Barbara Hunsaker, Jim Irle, Barbara Jacobs, Michelle Padovan, and Susan Fox-Rosellini. Mayor Festa made an inquiry regarding personnel policy. The manager made a brief presentation and stated that he will present to the Council a personnel policy within six months. Councilman Sullivan expressed his concerns regarding the newly constructed parking lot on the Key Biscayne Bank property. Mr. Nieda addressed the Council on the matter. Councilman Sime addressed the concern of several residents regarding the county's sanitary sewer transmission line replacement project along Rickenbacker'Causeway. Village Engineer Perlin addressed the Council regarding this matter. Bob Cuevas, of the Miami Dade Water and Sewer Authority, also addressed the Council. Councilman Llorente requested clarification regarding charter Section 2.01 (Village Council, Section 3.01 (Village Manager) and Section 3.03 (Power and Duties ofVillageManager)., Attorney Helfman addressed the Council. Councilman Llorente requested that the Village Attorney prepare a policy statement regarding clarification ofthe above mentioned charter sections. Ms. Broucek addressed the Council regarding this matter. Councilman Llorente also gave a brief update .regarding the building and zoning task force. Village Attorney. The attorney presented a draft ordinance, regarding propoccd amendments to Ordinance 93-4 (sign ordinance), for the Council's review.' The Council discussed the ordinance. Page 6 of 10 0 0 December 14, 1993 The attorney gave an update on the treefarm property purchase including discussion of an environmental site assessment report. Pursuant to paragraph four of the agreement to purchase the property, Councilman Fried made a motion authorizing the Village Manager to deposit with the law firm of Weiss, Serota & Helfman, P.A. Trust Account the sum on $375,000.00. 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. Attorney Helfman advised the Council that Adelphia Communications has filed a petition with the Federal Communications Commission regarding the regulation of cable rates. The attorney also presented a draft ordinance regarding proposed regulations of vessels, waterways and beaches within the municipal limits of Key Biscayne. The Council briefly discussed the proposed ordinance. Village Clerk. At the request of the Council, Clerk Inguanzo submitted a copy of the committee rules and guidelines, as adopted by the Council on December 8, 1992, for their review. Village Manager. The manager advised the Council that only one bid, in the amount of $59,400.00, was received for the construction of basketball courts at Key Biscayne Elementary School. Councilman Fried made a motion to. reject bids and re - advertise for the installation of the two basketball courts. 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. Mayor Festa made a motion directing the Village Manager to issue an R.F.P. to obtain an architect to prepare schematic plans for Calusa Park improvements and miscellaneous Village -wide projects. 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. Vice Mayor Rasco made a motion waiving competitive bidding procedures, pursuant to Section 2-85 of the Village Code, and award a contract to Froehling's/Papico, in the amount of $3,900.00, for the resurfacing and improvement of tennis courts at Calusa Park. The motion was seconded by Mayor Festa and Page 7 of 10 December 14, 1993 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, pursuant to Ordinance 93-15, granting approval to use the Village Seal on clothing and merchandise, to be sold through merchants associated with the Key Biscayne Chamber of Commerce, to raise funds for the Police Officer Assistance Trust Fund which funds scholarslnps for the children of police officers slain in the line of duty. The motion was seconded by Councilman Waid and adopted by a 6 - 1 voice vote. The vote was as follows.: Councilmembers Fried, Sime, Sullivan, Waid, Vice Maycr'Raseo, and Mayor Festa voting Yes. Councilman Llorente voted No. Councilman Fried made a motion awarding a contract to Vila & Sons Landscaping, in an amount not to exceed $18,000.00, for landscaping of the Emergency Services Complex (charge to Account #1-241-200) and awarding a contract to Vila & Sons Landscaping, in an amount not to exceed $20,000.00, for guttering, curbing, sidewalk, asphalt, catch -basin pipe, and striping at the Emergency Services Complex (charge to Account #1-241-200). The motion was seconded by Councilman Sime and adopted by a unanimous. voice vote. The vote was as follows: Councilmembers Fried, Llorente, Same, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion approving the purchase of an apparatus building for the Fare Rescue Department, in an amount not to exceed $73,000.00, from Lemartec Engineering & Construction Corporation (based on Florida City contract #FC-023-93). 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 Sime made a motion awarding a bid to Northstar Lighting Services, Inc., for the installation of Christmas tree lights within the median of Crandon Boulevard, in an amount not to exceed $5,296.00. 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. Mayor Festa made a motion extending the meeting until 12:15 a.m. The motion was seconded by Councilman Liorente and adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Councilman Sime voted No. Page 8 of 10 0 December 14, 1993 Due to the lateness of the meeting, the following items under the manager's report were not discussed: stormwater improvement program update; discussion regarding construction of VORTAC facility on Virginia Key; update of grant programs; discussion of an entrance sign; a Building, Zoning and Planning Department report; approval of the grant program draft application; an update on beautification program; and discussion of possible solutions for the parking problems at the post office facility. The manager presented the following informational reports for the review of the Council: the monthly departmental reports; the monthly financial statement; a letter from Dade County Manager Joaquin Avino regarding the West Wellfield project; a copy of a proposed county ordinance establishing a landscape code for unincorporated and incorporated areas of Dade County; a letter from Alfred Ravelli, president of the Towers of Key Biscayne, dated November 19, 1993, regarding beach maintenance; a status report from Coastal Management and Consulting, dated December 7, 1993, regarding the Dune Management project; and a memorandum from Police Chief Michael Flaherty, dated December 8, 1993, regarding street signs. The Council requested that, in the future, the manager submit a detailed departmental budget report on a quarterly basis. The following citizens addressed the Council regarding concerns with the Fire Rescue Department: Susan Fox-Rosellini, 151 Crandon Boulevard; Ms. Suarez; and Camille Guething, 260 Seaview Drive. Fire Rescue Chief William Huddleston addressed the concerns of the residents. 11. COMMITTEES: There were no committee reports submitted to the Council. 12. OTHER BUSINESS/GENERAL DISCUSSION: Mayor Festa called for a special Council meeting on January 15, 1994 and a "town" meeting on January 22, 1994. He also requested that Councilman Sime, as chairman, call a special Local Planning Agency meeting on January 15, 1994 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public. 14. .ADJOURNMENT: The meeting was adjourned at 12:30 a.m. Page 9 of 10 December 14, 1993 Approved this (i day of ,1994 Vi age er Mayor IF A PERSON DECIDES TarAPPEAL ANY DECISION MADE .BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAr it CONSIDERED AT A MEETING OR BEARING, TYIAT PERSON WILL DEED A RECORD OF TEE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TFIE TZ:,STTMCNY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 10 of 10