HomeMy Public PortalAbout12-14-93 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, DECEMBER 14, 1993
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called
to order by Mayor Festa at 7 00 p m Present were Councilmembers
Mortimer Fried, Raul Llorente, Betty Sime, 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 Steve Helfman
2 INVOCATION: Reverend Pat Arnold, of the Key Biscayne
Presbyterian Church, gave an invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge
4 APPROVAL OF NfNUTES: Councilmembers offered technical
amendments to the minutes of the meeting of November 23, 1993
Mayor Festa made a motion adopting the minutes of the workshop
meeting of November 8, 1993, the minutes of the workshop meeting
of November 16, 1993, the minutes of the special meeting of
November 16, 1993, the amended minutes of the special meeting of
November 23, 1993, and the minutes of the special meeting of
December 7, 1993 Councilman Fried seconded the motion which was
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: Councilman Rasco requested the addition of a
presentation to the Village, by resident Ed Stone, on behalf of
the Coast Guard Cutter Key Biscayne Councilman Llorente
requested the addition of a report regarding the building and
zoning task force Mayor Festa made a motion approving the
changes to the agenda 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
6 SPECIAL PRESENTATION: Mayor Festa and the Council presented
a proclamation to former mayor Rafael Conte in appreciation for
his years of service Mayor Festa also proclaimed Rafael Conte
as mayor emeritus of the Village
Page 1 of 10
Mayor Festa and the Council also presented proclamations to
former vice mayor Clifford Brody and former councilman Michael
Hill in appreciation for their years of service as members of the
Board of Trustees and Council
Ed Stone, on behalf of the Coast Guard Cutter Key Biscayne,
presented a plaque to the Council commemorating the cutter's
recent visit to South Florida
7 ORDINANCES. The clerk read the following ordinance, on
second 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 Er'rer:CTIVE DATE.
Mayor Festa opened the public hearing Hugh O'Reilly, 475
Allendale Road, addressed the Council
Councilman Fried made a motion adopting the ordinance on second
reading Councilman Llorente seconded the motion which was
adopted by a unanimous roll call vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Wald, Vice Mayor
Rasco, and Mayor Festa voting Yes
8 RESOLUTIONS: The clerk read the following resolution by
title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE ISSUANCE OF LAND ACQUISITION BONDS,
SERIES 1993, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE
AGGREGATE AMOUNT OF $9,200,000 FOR THE PURPOSE OF ACQUIRING
AND IMPROVING THE TREE FARM PROPERTY; AWARDING THE SALE OF
THE BONDS TO NORTHERN TRUST BANK OF FLORIDA; PROVIDING FOR
SECURITY FOR THE BONDS, PROVIDING OTHER PROVISION RELATING
TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION TBEREWITH, AND PROVIDING AN r reECTIVE DATE.
Jeff Decarlo, the Village's Bond Counsel, and Percy Aguila, the
Village's Financial Advisor, addressed the Council At the
request of the bond counsel, the resolution was amended to read
on page 2, paragraph 4 "Interest on the Bonds shall be computed
on the basis of a 360 -day year consisting of twelve (12) 30 -day
months" Councilman Fried made a motion adopting the amended
resolution The motion was seconded by Councilman Waid 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
Page 2 of 10
December 14, 1993
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
ON BEHALF OF THE VILLAGE, WITH C.A.P ENGINEERIN'G
CONSULTANTS, INC. , MIAMI, FLORIDA, FOR PROFESSIONAL SERVICES
RELATING TO DEPARTMENT OF ENVIRONMENTAL REGULATION SANITARY
SEWER CONSTRUCTION LOAN APPLICATION; PROVIDING FOR
AN r:rret'CTIVE DATE.
The manager and Village Engineer Carlos Penin addressed the
Council After brief discussion, Councilman Fried made a motion
adopting the resolution 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
The clerk read 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 THE UNIVERSITY OF MIAMI SCHOOL
OF ARCHITECTURE, CATER FOR URBAN AND COMMUNITY DESIC ,
CORAL GABLES, FLORIDA FOR A STUDY OF OPPORTUNITIES AND
OPTIONS FOR THE TREE FARM PROPERTY, PROVIDING FOR AN
EFFECTIVE DATE.
The manager made a brief presentation Martha Broucek, 170 Ocean
Lane Drive, and Ed Meyer, 100 Sunrise Drive, addressed the
Council
After extensive discussion by the Council, Councilman Fried made
a motion adopting an alternate resolution instructing the manager
to negotiate an agreement with the University of Miami for the
preparation of general proposals regarding possible uses for the
tree farm property The motion was seconded by Mayor Festa 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
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF REY BISCAYNE, FLORIDA;
OPPOSING THE CURRENT VERSION OF SENATE BILL 1405 (THE
NATIONAL FLOOD INSURANCE REFORM ACT OF 1993) AND
RECOMMENDING CHANGES WHICH WOULD MAKE THE PROPOSED LAW
ACCEPTABLE TO THE VILLAGE; PROVIDING FOR AN ErietiCTIVE DATE.
Page 3 of 10
December 14, 1993
After brief discussion, the Council deferred action on this
resolution
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
JOINT PROJECT AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR UTILITY WORK ON
SON BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE.
The manager briefly discussed the agreement Conchita Suarez,
201 Crandon Boulevard, addressed the Council Councilman
Llorente made a motion adopting the resolution The motion was
seconded by Councilman Fried 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
9 BUILDING AND ZONING: Hearing Number 93 -9 -VC -2 Botanica
Development Associates and Key Colony No 4 Condominium
Association, Inc , 141 Crandon Boulevard, #440, the applicant,
requested 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 #440
Zoning Consultant Daniel Nieda stated his recommendation for
approval
Tony O'Donnell, 701 Brickell Avenue, Miami, representing the
applicant, addressed the Council
Mayor Festa opened the public hearing Mr Nieda read a letter
from Nilsa de Pulgar, 141 Crandon Boulevard, #441, who was
opposed to the application Mr O'Donnell read a letter from
Lorraine Neumann, 101 Crandon Boulevard, indicating support for
the application on behalf of Units 446 and 438 There were no
speakers present
Councilman Waid made a motion adopting the consultant's
recommendation The motion was seconded by Councilman Fried 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
Page 4 of 10
December 14, 1993
Hearing Number 93 -12 -VC -1 John A Catsimatisis, Florida
Supermarket, Inc , D B A Wooley's, 700-724 Crandon Boulevard,
the applicant, requested that the Village permit the applicant to
submit plans indicating a 1,068 square foot addition to the
existing supermarket and the reconfiguration of the parking lot
to provide six (6) additional parking spaces and landscaping
Mr Nieda stated his recommendation for approval subject to
conditions
Armando Caso, 3501 Southwest 8 Street, Miami, representing the
applicant, addressed the Council
Mayor Festa opened the public hearing Guy Smith, 701 Fernwood
Road, and Kathleen Singer, 745 Fernwood Road, addressed the
Council
It was the consent of the Council that the applicant provide
additional landscaping, as required, along Village right-of-way
contiguous to the property, in accordance with a plan to be
approved by the Village
After extensive discussion, Vice Mayor Rasco made a motion
adopting staff's recommendation and the Council's additional
condition 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, Wald, Vice Mayor
Rasco, and Mayor Festa voting Yes
Hearing Number 93 -12 -VC -2 Z & V Corporation, 180 Crandon
Boulevard, requested a use variance to permit a pet grooming
business in the BU -1 Zone
Mr Nieda stated his recommendation for approval subject to
certain conditions
Ben Benach, 240 Crandon Boulevard, representing the applicant,
addressed the Council
Mayor Festa opened the public hearing Ms Suarez and James
Palafian, 1800 South LeJeune Road, Coral Gables, the owner of the
property, addressed the Council
Councilman Fried made a motion adopting the consultant's
recommendation The motion was seconded by Councilman Llorente
Councilman Sullivan made a motion amending the Fried motion to
require screening of air conditioner units and resolving the un-
painted wall on the property prior to the issuance of any
Page 5 of 10
December 14, 1993
certificates of occupancy The motion was seconded by Mayor
Festa 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
After brief discussion, the amended Fried motion was 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
10 REPORTS AND RECOMMENDATIONS The following items were
discussed
Mayor and Councilmembers Councilman Sullivan discussed the
goals and objectives of the Elementary School Advisory Committee
Mayor Festa, with the unanimous consent of the Council, appointed
the following individuals to serve on the committee Martha
Broucek, Barbara Hunsaker, Jim Irle, Barbara Jacobs, Michelle
Padovan, and Susan Fox-Rosellini
Mayor Festa made an inquiry regarding personnel policy The
manager made a brief presentation and stated that he will present
to the Council a personnel policy within six months
Councilman Sullivan expressed his concerns regarding the newly
constructed parking lot on the Key Biscayne Bank property Mr
Nieda addressed the Council on the matter
Councilman Sime addressed the concern of several residents
regarding the county's sanitary sewer transmission line
replacement project along Rickenbacker Causeway Village
Engineer Penin addressed the Council regarding this matter Bob
Cuevas, of the Miami Dade Water and Sewer Authority, also
addressed the Council
Councilman Llorente requested clarification regarding charter
Section 2 01 (Village Council, Section 3 01 (Village Manager) and
Section 3 03 (Power and Duties of Village Manager) Attorney
Helfman addressed the Council Councilman Llorente requested
that the Village Attorney prepare a policy statement regarding
clarification of the above mentioned charter sections Ms
Broucek addressed the Council regarding this matter
Councilman Llorente also gave a brief update regarding the
building and zoning task force
Village Attorney The attorney presented a draft ordinance,
regarding proposed amendments to Ordinance 93-4 (sign ordinance),
for the Council's review The Council discussed the ordinance
Page 6 of 10
December 14, 1993
The attorney gave an update on the tree farm property purchase
including discussion of an environmental site assessment report
Pursuant to paragraph four of the agreement to purchase the
property, Councilman Fried made a motion authorizing the Village
Manager to deposit with the law firm of Weiss, Serota & Helfman,
P A Trust Account the sum on $375,000 00 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
Attorney Helfman advised the Council that Adelphia Communications
has filed a petition with the Federal Communications Commission
regarding the regulation of cable rates
The attorney also presented a draft ordinance regarding proposed
regulations of vessels, waterways and beaches within the
municipal limits of Key Biscayne The Council briefly discussed
the proposed ordinance
Village Clerk At the request of the Council, Clerk Inguanzo
submitted a copy of the committee rules and guidelines, as
adopted by the Council on December 8, 1992, for their review
Village Manager The manager advised the Council that only one
bid, in the amount of $59,400 00, was received for the
construction of basketball courts at Key Biscayne Elementary
School Councilman Fried made a motion to reject bids and re -
advertise for the installation of the two basketball courts The
motion was seconded by Vice Mayor Rasco 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 made a motion directing the Village Manager to issue
an R F P to obtain an architect to prepare schematic plans for
Calusa Park improvements and miscellaneous Village -wide projects
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
Vice Mayor Rasco made a motion waiving competitive bidding
procedures, pursuant to Section 2-85 of the Village Code, and
award a contract to Froehling's/Papico, in the amount of
$3,900 00, for the resurfacing and improvement of tennis courts
at Calusa Park The motion was seconded by Mayor Festa and
Page 7 of 10
December 14, 1993
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 made a motion, pursuant to Ordinance 93-15,
granting approval to use the Village Seal on clothing and
merchandise, to be sold through merchants associated with the Key
Biscayne Chamber of Commerce, to raise funds for the Police
Officer Assistance Trust Fund which funds scholarships for the
children of police officers slain in the line of duty The
motion was seconded by Councilman Waid and adopted by a 6 - 1
voice vote The vote was as follows Councilmembers Fried,
Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting
Yes Councilman Llorente voted No
Councilman Fried made a motion awarding a contract to Vila & Sons
Landscaping, in an amount not to exceed $18,000 00, for
landscaping of the Emergency Services Complex (charge to Account
#1-241-200) and awarding a contract to Vila & Sons Landscaping,
in an amount not to exceed $20,000 00, for guttering, curbing,
sidewalk, asphalt, catch -basin pipe, and striping at the
Emergency Services Complex (charge to Account #1-241-200) 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
Mayor Festa made a motion approving the purchase of an apparatus
building for the Fire Rescue Department, in an amount not to
exceed $73,000 00, from Lemartec Engineering & Construction
Corporation (based on Florida City contract #FC-023-93) 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 made a motion awarding a bid to Northstar
Lighting Services, Inc , for the installation of Christmas tree
lights within the median of Crandon Boulevard, in an amount not
to exceed $5,296 00 The motion was seconded by Councilman
Sullivan 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 made a motion extending the meeting until 12 15 a m
The motion was seconded by Councilman Llorente and adopted by a
6 - 1 voice vote The vote was as follows Councilmembers
Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor
Festa voting Yes Councilman Sime voted No
Page 8 of 10
December 14, 1993
Due to the lateness of the meeting, the following items under the
manager's report were not discussed stormwater improvement
program update, discussion regarding construction of VORTAC
facility on Virginia Key, update of grant programs, discussion
of an entrance sign, a Building, Zoning and Planning Department
report, approval of the grant program draft application, an
update on beautification program, and discussion of possible
solutions for the parking problems at the post office facility
The manager presented the following informational reports for the
review of the Council the monthly departmental reports, the
monthly financial statement, a letter from Dade County Manager
Joaquin Avino regarding the West Wellfield project, a copy of a
proposed county ordinance establishing a landscape code for
unincorporated and incorporated areas of Dade County, a letter
from Alfred Ravelli, president of the Towers of Key Biscayne,
dated November 19, 1993, regarding beach maintenance, a status
report from Coastal Management and Consulting, dated December 7,
1993, regarding the Dune Management project, and a memorandum
from Police Chief Michael Flaherty, dated December 8, 1993,
regarding street signs
The Council requested that, in the future, the manager submit a
detailed departmental budget report on a quarterly basis
The following citizens addressed the Council regarding concerns
with the Fire Rescue Department Susan Fox-Rosellini, 151
Crandon Boulevard, Ms Suarez, and Camille Guething, 260
Seaview Drive Fire Rescue Chief William Huddleston addressed
the concerns of the residents
11 COMMITTEES: There were no committee reports submitted to
the Council
12 OTER BUSINESS/GENERAL DISCUSSION Mayor Festa called for a
special Council meeting on January 15, 1994 and a "town" meeting
on January 22, 1994 He also requested that Councilman Sime, as
chairman, call a special Local Planning Agency meeting on January
15, 1994
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 12 30 a m
Page 9 of 10
December 14, 1993
Approved this (146' day of
Village k Mayor
ja"*-4-4---4---r-L4_
, 1994
IF A PERSON DECIDES TO...APPEAL ANY DECISION MADE BY THE VILLAGE
COUNCIL WITH RESPECT TO ANY MAI:mkt CONSIDERED AT A MEETI1VG OR
THAT PERSON WILL NEED A RECORD OF TBE PROCEEDINGS AND,
FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
TIM PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTThVNY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE RASED
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