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HomeMy Public PortalAbout01-26-93 Special Council Meeting.tifMINUTES 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 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 demolition areas 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 Biscayr Shopping Center J V (618 Crandon Boulevard) requested a non-u..e 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 The vote 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 REQUEST 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 catch basin 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 Village and discussed other grant requests that the Village has submitted 9-C-11 The manager submitted a copy of the Village's first 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 was chosen 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 MCINTYRE 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 P 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 Approv d this .*1/4 day of cv-' , 1993. Villagd 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 i I Ia iLLA t fir �s�1 ►.1,11IN( A1111141 .,17 '2.!( A411 Y,p ) -' I ti uIal(lI11)1ToctI kll) a 7Iti7►gue w U��p.. COUNTY, MUNICIPAl: AND OTHER LOCAL PUBLIC Orr xe r k17277 HI ROAM) t Mtn( it Qw1Mtt‘ H)N A Ii RI1 OR tQMMI I Ott v►NICtt 1 ACIRvr 1 n t NI 1 !t1 ____ 1Y Q (01 N0 ❑ 01 Httt 1 IA..80, Mier! T NA AI, t)- IVolJil ' f iii111)1*I1tC1 l%1. I. A � V / /.Xr UV POSIT1C#' IS l s rt. 'hz,*, —......w . 1 r.-''''. 1 6 ; WMO MUST FILM P.ORM as 1 c'11vF - APJW)i rrtve ti t 1 "revit 011,1 WeVION'I of Ii <Iw!t This Corfu is for use by a/1} person ciry tag LA the count} CI or oilier toCfl level of go\efriment on an appointed far elected board, council, mumtrston authority, or corninittee li appiles eq.ialiv to members of advisor} ..nti non advist rylrtxllrs witoxtt presentcd with a voting vonfliet of ►nterest under Section 112 3141, Florin Statutes Your responsibilities under the I.1,, whcn faeeci Hith a rneasare in which you ha'e.1 /inflict of interest will vary Rivatty depending on wltcthrr you hold an eir, I IVP or Annointl\C DOSlttof fin this reason, please poi) 1).c attention to the instructions on this form before completing the r&weme cede anti Nina the form , 4 INSTRUCTIONS PO?t GOMPI.IANCI WITH SEOTION 112 344, FLORIDA swum FI FCrWD OFF(CRRSI A person hoiuing riecme mum ,111un cip,l1 0 other lost public offiCc MUST ABSTAIN iron) voting on a measure which inures to his silecati private gain each 1c,.a1 oftt cr also s prohibited from knt wsn t) ming on a measure watch inures to the special aaein of a principal (other than a go%ernmcnt anenc>) by v,hdm he 1s retained In either ease. you sttout0 disc ow the Conflict 1'R1OR TO T}4C VOTE BEING TAivaN by pttlllicl) <rsarirtg ti trt^ assemNt the Ileture of your Interet►t In the measure on winch you are ahsta nina from 'clung and $ Mt M I Poi 0.1 Mit 1A'ITHI h i$ JAYS ArTEK TI -1` VOI E OCCURS by ompteting and filing u a tot m' MI the person resiporislbk fOr rt: ur lids the minutes of tht rnce'tng IA ho cttould tntcfrcra'e The corm in the mInttlts APPOINTLU VP t l4LKS 1i person holdinI oppalrni a counts multi !pal or ')titer local public office MUS f ABSTAIN from voting on as rtieaaure which Irwin' 3 co hi?, spet.inl prt'.a s gala Fath to^at ocfiCl'r Rttn 14 pTo411blte4 front knovlinl!iy %outing on a measure which inures to the spccial gain or a principal (other 'him a h,overnrnt►nt nenc31 by whom he is retained A person holdung Jr appointi‘c local °thee otherwise moo part,/ pa e in n Natter in vcrert he has a conflict of tntery i I)ut ,dust 1 sCIOSC cite wilt re of the conflict beim maid: g nn at empt to influence the Jt croon by oral or written vQrnmutilla.Lic n, wtletticr triode by the officer or ai his direction IF 10,1 IN 1 LNL) Tu 'WAKE AN' v11 CMPT TO NPI UFI,ICC THE DECISION PRIOR 'TO THe MFFTINCI AT WHICH THh VOt t w ILL BF TAKEN • \ou should complete and lilt t %is (mitt tt"efctre r1ni►ttlg an\ attempt 10 int#ucticc ire decision) with the person responsible for rCCorcling trM mlrtttec 01 the merlin vino I11 ,,corporate *he for 21 tr the 111441e% • A COtDY 01 Ole form mould be prov►oeti Imrntsitaiph to the other members of ti. agcy 1.y • The tortn 6hautd 1}c r'su i,uult,.ly at ttic u cttlr•c (I I c)4 N 1clt 1-01 1 int it) t tn'.I.crEtl for nt i rte ItiStttr In which you hme a conflict of interest ._....mi.......w PAU!' 1 Nimmillinmel0140m, 11' ) PU MAKE NO ATTEMPT TO INFLUENCE THE DECISION FXCf PT BY DISCUSSION M THE MEET1NO • You xhould disclose walk the nature of your conflict to thr measure berme pcu ko tting • Yuu ltl+ould cvmplctc the corn and file 1t with,:: IC days after the vote occurs with tht, person responsible for reCordlno thernmutes of tilt, meeting, wnn ahottld Incorporate the form lit the minutes ItCIOtUAt OF LOCAL iMNCIR'S 1NTERi6T hereby dleclote that nn ta) A measure ‘.smc nr will come betore guy Agency which lcheck one/ Inured to my special prtti a10 swirl ar 1+ture:d to the spacial pin of ..r, _._.�, by whom I am reamed Ua) The measure before Inv asen'y and the nature of my Interest in the Treasure is as follows. atote t-ei-vp• a,7:fr-rice-T2 Stanalor! 11111 t PIC 4.• t r•• • iit •4 ! era ,+c 1 ►� 1 i ........______ , 7 NOTICE LiNDIsR PROVISIONS OF FI OKIDA STATUTk.S *1}2 311 (}9k') 4 FAILURE TO MAKE ANY REQUIRED UiiCLOSL KF COh+STITUTI+S GROUNDS FOR AND MAY 13E PUNISHED BY ONE OR MORE ©1~ THE FOLLOA INO IMPEACHME'V1 RZMOVAL OR SUSPENclfN FROM OrFICE OR LMPLOYMENT► DEMOTION, REDUCTION 1N SALARY REPRIMAND, OR A CIVIL PFNAI 'Y NOT TO EXCEED $5 000 v CI FpitM*t3 l i %PA W% tillip *4 1 ACT' F •Tar• "44 .ww • mprw Fir gwr