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
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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
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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
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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
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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
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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
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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
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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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