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HomeMy Public PortalAbout05-25-93 Special Council Meeting.tifMINUTES 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 PTA , 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 be held 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 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, 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 motion 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, Rasco, 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 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 #429 Community Development Director Sobrino made a recommendation for approval Greg Newman, 121 Crandon Boulevard, spoke in support of the application Gary Witzel, 9846 Charleston Place, Cooper 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, and Geraldine Morales, 141 Crandon Boulevard, 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 roll call vote The vote was as follows Councilmembers Fried, Hill and Rasco voting Yes Councilman Sullivan, Vice Mayor Brody and Mayor Conte 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 motion, seconded by Councilman Hill 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 Vice Mayor Brody made a motion to deny 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 Seaview 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 Conchita Suarez, 201 Crandon Boulevard, also spoke in opposition to parking in the swale 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 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 Maor 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 Conte 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 FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public 15 ADJOURNMENT: The meeting was adjourned at 10 40 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 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. 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