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