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Home My Public Portal About02-09-93 Regular Council Meeting.tifMINUTES MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 9, 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 Conte at 7 00 p m Present were Councilmembers Mortimer Fried (arrived at 7 05 p m ), Michael Hill, Joe Rasco, Betty Sime, Raymond Sullivan (arrived at 7 10 p m ), Vice Mayor Clifford Brody, and Mayor Rafael Conte Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Police Chief Michael Flaherty, Community Affairs Director Susan Gregorie, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler 2 INVOCATION The invocation was given by Father Robert Libby of St Christophers-by-the-Sea Church 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4 APPROVAL OF MINUTES: Councilman Rasco made a motion to approve the minutes of the meeting of January 26, 1993, as submitted, seconded by Councilman Hill The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes 5 AGENDA: There were no changes made to the agenda 6 SPECIAL PRESENTATION: Mayor Conte and the Council presented Resolution 93-5 to Haydee Devaney, recognizing her time and efforts on behalf of the Village's Recreation Department 7 ORDINANCES: There were no ordinances discussed by the Council 8 BUILDING AND ZONING: HEARING NUMBER 93-2-1 VSLF II Key Biscayne Hotel Corporation and VMLP III Key Biscayne Villas Limited Partnership requested a finding of vested rights pursuant to section two of Ordinance 92-10 Jeff Bercow, 200 Southeast Biscayne Boulevard, Miami, representing the applicant spoke in favor of the application Page 1 of 7 February 9, 1993 After a lengthy discussion, Mayor Conte opened the public hearing Marie Kirk, 201 Crandon Boulevard, said that the Council should preserve the height limitation established by ordinance Community Development Director Sobrino stated that the applicant has satisfied the criteria for demonstrating their vested rights Councilman Fried made a motion that a determination is established that the applicant has vested rights within the purview of Ordinance 92-10, seconded by Vice Mayor Brody The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 9 REPORTS AND RECOMMENDATIONS The following reports were submitted 9-A VILLAGE ATTORNEY Attorney Weiss discussed the lease issue regarding the police building and Calusa Park, beach ownership, the proposed sign ordinance, the Lipton litigation, development of policies for the police department, the Seaquarium appeals process, and a letter sent to the federal government regarding the post office 9-B VILLAGE CLERK Pursuant to Resolution 92-61, Clerk Inguanzo reported that Mayor Conte issued proclamations for William Suarez and Carmine Romano 9-C VILLAGE MANAGER Manager Kissinger presented William O'Leary, the Village's Landscape Architect, who made a presentation regarding landscaping plans for Crandon Boulevard After a lengthy discussion by the Council, Councilman Fried made a motion authorizing the Village Manager to proceed with the Royal/Coconut Palm plan concept for Crandon Boulevard Councilman Sullivan seconded the motion Ed Meyer, 100 Sunrise Drive, stated that the proposed plan was boring Bill Ofgant, 512 Fernwood Drive, stated that the Master Plan should be approved prior to work commencing on Crandon Boulevard The Fried motion was adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Hill voted No Page 2 of 7 February 9, 1993 The manager submitted the monthly departmental reports Community Affairs Director Gregorie elaborated on her report by making comments to the Council Mayor Conte excused himself from the meeting at 9 00 p m Building Official Dan Nieda elaborated on his report by discussing the new procedure for building permits Police Chief Flaherty made a brief presentation to the Council Manager Kissinger presented Carlos Penin, Village Engineer, who, together with Ray Gonzalez of C A P Engineering, made a presentation on the stormwater rate study Engineer Penin also discussed problems and possible solutions for drainage problems on Ocean Lane Drive Councilman Fried requested that the Village Attorney research the Village's option regarding the flawed drainage system installed by the county on Ocean Lane Drive Councilman Sime made a motion directing the Village Manager to pursue a grant to alleviate the drainage situation on Ocean Lane Drive, seconded by Councilman Rasco The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes Engineer Penin submitted a report on swale drainage Manager Kissinger announced the scheduled meeting with the Crandon Park Master Plan consultant on February 10, 1993 The manager submitted a proposed plan for recreation services by the Key Biscayne Athletic Club Councilman Rasco made a motion to adopt the proposed plan by the Key Biscayne Athletic Club dated February 5, 1993, seconded by Councilman Sime The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The manager reported on his attendance at the Institute of Government's "Improving Government Decision Making During Natural Disaster" Forum on January 29, 1993 Manager Kissinger announced that the Florida Marlins will have Key Biscayne Day at Joe Robbie Stadium on Wednesday, April 21, 1993 Page 3 of 7 February 9, 1993 The manager withdrew a proposed motion authorizing him to enter into a contract with Dodd Printers for printing of the Village's newsletter The manager briefly discussed a proposed project for printing post -cards to promote Key Biscayne The manager reported that the Village's Flood Prevention Program has been approved by the Federal Emergency Management Agency Manager Kissinger reported that the International City Management Association has recognized Key Biscayne's Council -Manager form of government in Who's Who In Local Government The manager gave an update on Hurricane Andrew related business including the final debris pick-up, FEMA reimbursement of beach and ocean signage, proposed repairs to the West Mashta Island Causeway, and an update on the Cape Florida State Recreation Area The manager announced that Metro -Dade County will institute a shuttle service during the Lipton tournament The manager presented to the Council a copy of the 1991-1992 Annual Audit report The manager submitted the monthly financial report Manager Kissinger stated that the Village is currently finalizing an agreement for the reconstruction of the Calusa Park tennis courts The manager requested a motion to waive bids for a fireworks display at the first Key Biscayne Festival at a cost not to exceed $15,000 to be awarded to Zambelli International Fireworks Manufacturing, Incorporated Councilman Sime made a motion to waive bids for a fireworks display, seconded by Councilman Sullivan Ed Meyer, 100 Sunrise Drive, asked what the Village will receive for $15,000 The Sime motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes The manager withdrew discussion of the fire department progress report Page 4 of 7 February 9, 1993 The manager presented an update on grants for which the Village has submitted applications Manager Kissinger reported on a meeting of the South Dade Tourism Committee Building Official Nieda, at the request of the manager, discussed the mitigation hearing held by the Special Master regarding the L'Esplanade (973 Crandon Boulevard) The manager reported that there has been some progress with the hotels cleaning the beach areas 9-D MAYOR AND COUNCILMEMBERS Councilman Sime announced the special meeting of the Local Planning Agency on February 11, 1993 Councilman Sime discussed the formulation of policy regarding the flood elevation requirements The Council concurred that the issue should be addressed Councilman Fried discussed the problems with providing public parking for a beach easement Councilman Rasco requested that the agenda be re -formatted so that the manager's reports be limited to items requiring Council action and policy matters 10 RESOLUTIONS The following resolution was considered by the Council A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING CONSTRUCTION OF THE JACKSON MEMORIAL HOSPITAL TRAUMA CENTER, ALLOCATING KEY BISCAYNE'S FAIR SHARE TO THE CENTER, AND PROVIDING FOR AN EFFECTIVE DATE Rolando Rodriguez, 1611 Northwest 12 Avenue, Miami, representing the Jackson Memorial Foundation, addressed the Council After a brief discussion, the Council deferred the resolution until the next meeting 11 COMMITTEE REPORTS: There were no committee reports submitted 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed Page 5 of 7 February 9, 1993 13 SCHEDULE OF FUTURE MEETINGS AND EVENTS: The following schedule of meetings and events was presented A CRANDON PARK MASTER PLAN MEETING WEDNESDAY, FEBRUARY 10, 1993, 1 30 P M VILLAGE OFFICE, 85 WEST MCINTYRE STREET B SPECIAL LOCAL PLANNING AGENCY MEETING (L.P.A.) THURSDAY, FEBRUARY 11, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C HEALTH AND FITNESS EXPO SATURDAY, FEBRUARY 13, 1993, 10 00 A M CALUSA PARK D LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, FEBRUARY 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR E SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR F LOCAL PLANNING AGENCY PUBLIC FORUM (L.P.A.) SATURDAY, FEBRUARY 27, 1993, 9:00 A.M. KEY BISCAYNE ELEMENTARY, 150 WEST MCINTYRE STREET G HURRICANE AND EMERGENCY MANAGEMENT COMMITTEE MEETING MONDAY, MARCH 1, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR H SPECIAL LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, MARCH 2, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR I ANNUAL CONGRESSIONAL CITY CONFERENCE MARCH 5-9, 1993 WASHINGTON, D C J VILLAGE COUNCIL MEETING TUESDAY, MARCH 9, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR K KEY BISCAYNE ISLAND FESTIVAL MARCH 13-14, 1993 CRANDON BOULEVARD Page 6 of 7 February 9, 1993 L LOCAL PLANNING AGENCY (L P Al TUESDAY, MARCH 16, 1993, 7.00 P M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR 14 ADJOURNMENT: The meeting was adjourned at 11 20 p m Approved this 2;r14day of F- J , 1993. Vi11a•- Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 7 of 7