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
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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
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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
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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
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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
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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
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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
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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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