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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 Page 10 of 10