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HomeMy Public PortalAbout10-12-93 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 12, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMB RS 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 MINUTES. 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 AGENIDA. 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 deferred to 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 made a 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, 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 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 IN DESIGNED 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 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 THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHM THE VILLAGE; ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COM+I SSION; 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 COLLECTING AGENT FOR THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN r+rr ECTIVE 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 hytet TIVE 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 Sabal 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, Rasco and Sime voted No Councilman Sime made a motion approving the Carpenter Decorator entrance feature proposal The motion was seconded by Councilman Rasco and failed on a 2 - 4 roll call vote The vote was as follows Councilmembers Rasco 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 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 DARE 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 RESOLUTION OF THE 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 CANT, PROVIDING FOR AN r rettsTIVE 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 a lien 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 from the 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, the vice 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 can accommodate 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 RESOLUTIONS. Vice Mayor Brody read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE VILLAGE 'S ADMINISTRATIVE ORDER SETTING THE STORMWATER UTILITY FEE; PROVIDING FOR AN r rrrECTIVE 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 ; AUTHORIZING THE MAYOR TO EXECUTE ALL THE NECESSARY S; PROVIDING FOR AN aer t:CTIVE 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 MANGER TO EXECUTE THE ATTACHED AGREEMENT ON BNHALF 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; PROVIDING THAT THE ELECTION SHALL BE HELD 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 : The meeting was adjourned at 11 50 p m Approved tins day of , 1993 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA'11L"[t CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL 1VEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEM TO ENSURE THAT A VERBATIM RECORD OF THE PROCEED.I1V S IS MADE, WHICH RECORD INCLUDES T BE T ESTIMNY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 8 of 8