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HomeMy Public PortalAbout11-23-93 Special Council Meeting.tifM I NUT E S SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 23, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF M S: The meeting was called to order by Mayor Festa at 7 00 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime (arrived at 7 05 p m ), Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION: Father Robert M G Libby, of St Christopers-by-the- Sea, gave an invocation 3 PLEDGE OF ALLEGE: Mayor Festa led the Pledge members, the Festa Amendment failed on a 2 - 5 vote follows Councilman Waid and Mayor Festa voted Yes Fried r lorente, Rasco, Sime, and Sullivan voted No " Fried di de a motion adopting the amended minutes of the meeting of November 9th The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes 5 AGENDA: Mayor Festa requested that the "Mayor/Councilmember" section of the agenda appear following the "Building and Zoning" items at this meeting and on future agendas There were no objections Mayor Festa requested the addition of discussion regarding the scheduling of a special meeting of the Local Planning Agency to review a report of the Zoning Code Review Committee There were no objections Mayor Festa also requested the addition of discussion regarding the Village sign ordinance following the discussion of the "Building and Zoning" items There were no objections 4 APPROVAL OF : Mayor Festa offered the following correction to the minutes of the meeting of November 9, 1993 Page 5 of 9, the fourth paragraph was corrected to read "Upon a further poll of the The vote was as Councilmembers Councilman Mayor Festa and the Village Council made a presentation of Resolution 93-50 to City of Miami Fire Rescue Chief C A Gimenez in appreciation Page 1 of 8 November 23, 1993 of the City of Miami's cooperation in the establishment of the Village's Fire Rescue Department Fire Rescue Chief William Huddleston also presented Chief Gimenez with a plaque 6 PUBLIC COMMENTS Michael Kahn, 881 Ocean Drive, discussed the issue of parking on the right-of-way in front of the L'Esplanade property 7 ORDINANCES: Prior to consideration of ordinances relating to the financing of the purchase of the Crandon Boulevard tree farm property, The manager and Percy Aguila, the Village's finance consultant, made a presentation to the Council regarding several bank loan proposals received by the Village Mayor Festa opened the floor for comments from the public Martha Broucek, 170 Ocean Lane Drive, spoke in support of financing the project with a revenue bond Councilman Llorente made a motion authorizing the Village Manager to negotiate with Northern Trust Bank of Florida for a ten year loan with a fifteen year amortization period The motion failed due to lack of a second Councilman Sullivan made a motion authorizing staff to negotiate wit Northern Trust Bank of Florida for a ten year loan, at an interest rate of 4 36 percent, for a ten year amortization period The motion was seconded by Councilman Sime There was extensive discussion regarding the Sullivan motion The motion was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, and Mayor Festa voting Yes Councilman Wald and Vice Mayor Rasco voted No Jeff Decarlo, of the firm of Ruden Barnett, the Village's bond counsel, also addressed the Council on the matter The clerk read the following alternate ordinance presented by the Village Attorney, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,500,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. Mayor Festa made a motion adopting the ordinance on first reading Councilman Sime seconded the motion Page 2 of 8 November 23, 1993 Councilman Llorente offered an amendment to the ordinance that Northern Trust Bank of Florida be specifically mentioned in the ordinance After brief discussion, the amendment was withdrawn The Festa motion, adopting the ordinance on first reading, was adopted by unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The clerk announced that the ordinance will be on second reading on December 14, 1993 The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE NO. 93-6 CHANGING THE NAME OF THE COMITY DEVELOPMENT DEPARTMENT TO BUILDING, ZONIM AND PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN r:rr t:CTIVE DATE. Mayor Festa opened the public hearing There were no speakers present Councilman Fried made a motion adopting the ordinance on second reading The motion was seconded by Vice Mayor Rasco and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes 8. RESOLUTION: At the request of the Village Attorney, the following resolution was withdrawn from further consideration A RESOLUTION OF TBE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING FOR A REFERENDUM REGARDING TBE ISM OF GENERAL OBLIGATION BONDS BY THE VILLAGE IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS FOR 'ME PURPOSE OF ACQUIRING AND IMPROVING TJNDEVELOPED REAL PROPERTY FOR PURPOSES; PROVIDING FOR PUBLICATION OF NOTICE OF SAID ; PROVIDING FOR SEVERABILITY; AND PROVIDING AND EFFECrIVE DATE. 9 BUILDING AND ZONING: HEARING NUMBER 93 -11 -VC -2 The applicant, Patricia Ann Vidri, 770 Allendale Road, requested a non-use variance of setback requirements for an existing residence and existing patio privacy walls and wing walls Building, Zoning and Planning Director Robin Sobrino stated her recommendation for approval subject to specified conditions Page 3 of 8 November 23, 1993 George Otero, 75 Valencia Avenue, Coral Gables, representing the applicant, addressed the Council Mayor Festa opened the public hearing There were no speakers present Mayor Festa made a motion adopting staff's recommendation The motion was seconded by Councilman Llorente and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes HEARING NO. 93 -SA -4 Ocean Drive Manor Condominium Association, the applicant, 590 Ocean Drive, requested approval of a development identification sign for a multi -family residential development Director Sobrino stated her recommendation for approval The applicant was not present Mayor Festa opened the public hearing There were no speakers present Vice Mayor Rasco made a motion adopting staff's recommendation The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa discussed several aspects of the Village's sign ordinance Naydu Commenoz, of the Commenoz Gallery, 328 Crandon Boulevard, discussed her recent request for the placement of a banner at her gallery Mr Broucek also addressed the Council on the issue of political signs The Council agreed to hold a workshop to further discuss the matter At this time, the "Mayor/Councilmembers" items were heard by the Council Councilman Sullivan discussed his proposal for the establishment of a citizens advisory committee Attorney Weiss indicated that he will prepare a recommendation regarding the creation of informal committees for presentation at a future meeting Mayor Festa called for a town meeting to be held in mid -January to discuss many of the issues affecting the future of the Village including the creation of committees Mr Kahn addressed the Council on this matter Councilman Sullivan made a motion creating a Key Biscayne Elementary School Construction Advisory Board The motion was seconded by Mayor Festa Bill Ofgant, 512 Fernwood Road, and Ms Broucek addressed the Council After extensive discussion, the motion was adopted by a Page 4 of 8 November 23, 1993 unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion appointing Councilman Sullivan as chairman of that committee The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Sime requested that the Council wave the required permit fee for the sale of Christmas trees by the Key Biscayne Athletic Association Councilman Sime made a motion waiving the fee The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa discussed the possibility of amending the Zoning Code, Section 33-304, as it pertains to the withdrawal of zoning applications Mayor Festa made a motion instructing the attorney to review the code and draft a section providing for exemptions to the restrictions on the re -filing of zoning applications The motion was seconded by Councilman Llorente Mr Kahn and Ms Broucek addressed the Council Mayor Festa made a motion amending the main motion to state that the code be changed, to allow the re -filing of zoning applications, from six months to three months The motion failed on a 3 - 4 roll call vote The vote was as follows Councilmembers Llorente, Waid and Mayor Festa voting Yes Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voted No Jeffrey Bercow, 200 South Biscayne Boulevard, Miami, addressed the Council on the matter After further discussion, Councilman Fried made a motion to table the item until the next meeting Councilman Sime seconded the motion which failed on a 3 - 4 roll call vote The vote was as follows Councilmembers Llorente, Waid and Mayor Festa voting Yes Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voted No Mayor Festa made a motion to table the item until end of meeting The motion was seconded by Councilman Llorente and failed on a 3 - 4 roll call vote The vote was as follows Councilmembers Llorente, Waid and Mayor Festa voting Yes Councilmembers Fried, Sime, Sullivan and Vice Mayor Rasco voted No Judy Reinach, 365 Harbor Lane, also addressed the Council on the matter Page 5 of 8 November 23, 1993 On the main Festa motion, upon a poll of the members, the motion failed on a 3 - 4 roll call vote The vote was as follows Councilmembers Llorente, Waid and Mayor Festa voting Yes Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voted No Mayor Festa requested a special meeting of the Local Planning Agency to review the recommendations of the Zoning Code Review Committee The mayor requested that Councilman Sime, as chairman of the Local Planning Agency, call the meeting for a date to be determined later 10 REPORTS AND RECOMMENDATIONS The following reports were submitted to the Council VILLAGE ATTORNEY The attorney reported briefly on the Key Colony/Stormwater Ordinance lawsuit Mayor Festa made a motion directing the Village Attorney to review the options with the lawsuit The motion was seconded by Councilman Waid and adopted by a 4 - 3 voice vote The vote was as follows Councilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilmembers Sullivan, Sime and Fried voted No The attorney also reported on the Calusa Park lease agreement and on the agreement for the purchase of the Crandon Boulevard tree farm VILLAGE CLERK Clerk Inguanzo informed the Council that he has successfully completed the second year of the three year Certified Municipal Clerk program VILLAGE MANAGER The manager and Village Engineer Carlos Penin briefly reported on the Key Biscayne Elementary School Basketball court improvement program The manager reported that Fire Rescue Chief Huddleston will serve as acting manager in the absence of Finance Director Jack Neustadt The manager also gave brief reports on the street markings and street sign replacement program, as well as the replacement of the tennis court at Calusa Park Councilman Rasco made a motion to waive competitive bidding and award a contract, in an amount not to exceed $4,450 00, for the replacement of tennis courts at Calusa Park The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The manager deferred discussion of the proposed grant program application form and the scheduling of a forum by the Florida Department of Transportation Page 6 of 8 November 23, 1993 The manager informed the Council that he is negotiating with Adelphia Cable Communications regarding the live broadcast of Council meetings The manager and Lia Frary, of the Recreation Department, reported to the Council on the recent trip sponsored by the Recreation Department to "Mickey's Worldwide Kids Party" for deserving children of the Village The manager gave a brief update regarding pending grant requests The manager stated that he is accepting applications for the position of Building, Zoning and Planning Director The manager gave an update on the Village's beautification program Manager Kissinger presented the 1994 schedule of Council meetings It was the consent of the Council to amend the schedule by canceling the meetings of August 23rd, November 8th, November 22nd, and December 20th The Council also scheduled a meeting for November 15th The manager submitted the following items for the review of the Council a letter from Janette Carter, of Mercy Hospital, dated October 20, 1993, regarding the Village's Fire Rescue Department, a letter from Congresswoman Ileana Ros-Lehtinen, dated October 21, 1993, regarding the Village's new Fire Rescue Department, a letter from Key Biscayne Community Church Day School, dated November 1, 1993, regarding Fire Rescue Department presentation at their facility, a memorandum from Fire Rescue Chief William Huddleston, dated November 2, 1993, regarding a rescue transport fee, a letter from Alejandro Suero, dated November 10, 1993, regarding the Village's Fire Rescue Department, a memorandum from Recreation Director Laurie Tessler, dated November 10, 1993, regarding the Calusa Park tennis program, a memorandum from Economic Development Director Susan Gregorie, dated November 14, 1993, regarding the visit of the Coast Guard Cutter Key Biscayne, a letter from Janette Jerassy, dated November 15, 1993, regarding the Village's Building, Zoning and Planning Department Mayor Festa discussed the transport fee referred to in Chief Huddleston's memorandum It was the consent of the Council that a fee not be collected Mayor Festa discussed the Recreation Department's Calusa Park tennis program Mayor Festa and Councilman Llorente discussed the Coast Guard's Cutter Key Biscayne visit Mayor Festa made a motion to limit funding to the cutter's visit for supplies, printing, the plaque, and any required transportation Mr Ofgant addressed the Council The motion was Page 7 of 8 November 23, 1993 seconded by Councilman Llorente and adopted on a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilmembers Sime and Sullivan vote No Councilman Sullivan made a motion supporting the planned Cutter Key Biscayne activities -- in an amount not to exceed $2,000 00 -- as the last source of funding for the project if all private sources have been exhausted Councilman Sime seconded the motion Councilman Rasco made a motion amending the Sullivan motion limiting the proposed funding to $1,000 00 Councilman Llorente seconded the motion Ms Broucek and Steve Simon, 335 Harbor Lane, addressed the Council The amendment was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Vice Mayor Rasco, and Mayor Festa voting Yes Councilmembers Sullivan and Waid voted No The amended Sullivan motion was adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Vice Mayor Rasco voting Yes Councilmembers Llorente, Waid and Mayor Festa voted No 11 COMMITTEES: There were no committee reports submitted to the Council 12 OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed by the Council 13 SCHEDULE OF FUTUREMEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public 14 : The meeting was adjourned at 11 45 p m Approved this ' i4k day of CC -e) a -64N , 1993 Village 1erk Mayor IF A PERSON DECIDES T APPEAL ANY DECISION MADE BY THE VILLAGE CO(ANCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TTY PROCEEDINGS IS MADE, WHICH RECORD INCLUDES ME TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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