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HomeMy Public PortalAbout06-08-93 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 8, 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 05 p m Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Fire Chief William Huddleston, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler 2 INVOCATION Father Robert Libby, of St Christophers-by-the- Sea Episcopal Church, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4 APPROVAL OF MINUTES Attorney Weiss made a technical correction regarding item 9-B Councilman Rasco requested that item 10-C be clarified to reflect that the cost of the contract to the Village would be $350,000 Councilman Fried made a motion to adopt the minutes of the meeting of May 25, 1993, as amended, seconded by Councilman Sullivan The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 5 PRESENTATIONS Mayor Conte and the Council presented a copy of Resolution 93-26 to the members of the Sports Coordinator Interview Panel Members receiving a copy included David Brown, Bonnie Cooper and Jon Grossman Members Debbie Portella and Rafael Portella were not present 6 AGENDA Councilman Sime added the discussion of lighting at the Winn -Dixie shopping center Councilman Hill requested that item 9-C-2, regarding the curriculum modernization project, be heard prior to the zoning item The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody and Mayor Conte voting Yes 7 ORDINANCES Mayor Conte read the following ordinance by title Page 1 of 7 June 8, 1993 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE, PROVIDING FOR DEFINITIONS, MAKING CERTAIN FINDINGS AND DETERMINATIONS, ESTABLISHING A STORMWATER UTILITY FEE, ESTABLISHING A METHOD AND PROCEDURE FOR THE COLLECTION OF STORMWATER UTILITY FEES, DIRECTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Attorney Weiss discussed the county mandated deadline for adopting the stormwater utility Councilman Fried made a motion to adopt the ordinance, on first reading, with an ERU value of $5 00 The motion was seconded by Vice Mayor Brody Austin Carr, 224 West Mashta Drive, representing the Key Biscayne Presbyterian Church, addressed the Council regarding the ordinance Camille Guething, 260 Seaview Drive, spoke in opposition to the ordinance Sean Fisher, 1450 Madera Avenue, Coral Gables, representing Key Colony #2, requested that the Council table this item Michelle Padovan, 425 Grapetree Drive, spoke in support of the ordinance Alfred Gillman, 181 Crandon Boulevard, spoke in support of the ordinance Councilman Fried amended his motion to clarify that o,e E R U equ X1,083 feet After brief discussion, the ordinance aw s a opted, on first reading, 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 Clerk Inguanzo announced that the second reading will be held on June 22, 1993, at 7 00 p m , in the Council Chamber Mayor Conte read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Brody made a motion to adopt the ordinance, on second reading, seconded by Councilman Hill The ordinance 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 At this time, pursuant to the motion adopted by the Council, item 9-C-2 was heard The item was relating to a request by the Key Biscayne Elementary School for a $42,000 grant from the Village to implement a curriculum modernization project Page 2 of 7 June 8, 1993 Jon Grossman, president of the Key Biscayne Elementary School P T A , spoke in support of the request Dorothy Rider, principal of Key Biscayne Elementary School, also addressed the Council regarding the curriculum program The following teachers from the Key Biscayne Elementary School also spoke in support of the request Ms Lee, Mrs Bussell, Mrs Skinner, Ms Yanes, Mrs Gordon, Mrs Burt, and Mrs Levine The following residents also spoke in support of the request Barbara Jacobs, 251 Crandon Boulevard, Sally Brody, 180 Harbor Drive, Conchita Suarez, 201 Crandon Boulevard, Michelle Padovan, 425 Grapetree Drive, and Shirley Brill, 550 Ocean Drive John Festa, 695 Harbor Lane, spoke in opposition to the request Sheila Cruz, 77 Crandon Boulevard, principal of the St Agnes Academy, requested that the Council also consider funding a grant for the St Agnes program Manager Kissinger stated that funds are available from the Village budget He stated that the Council should establish guidelines for future requests Attorney Weiss addressed the Council regarding Charter and statute requirements Councilman Hill made a motion to consider the request as a grant for municipal purposes and not a charitable contribution The motion was seconded by Vice Mayor Brody and adopted by a unanimous roll call vote The vote was as follows Councilmember Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Sullivan made a motion to approve the grant request of the Key Biscayne Elementary School P T A The motion was seconded by Vice Mayor Brody After brief discussion, the motion was adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Rasco voted No 8 BUILDING AND ZONING The Council considered Hearing Number 93- 5 -VC -1, deferred from the Council meeting of May 25, 1993 The Hearing was regarding a request by Botanica Development Associates and Key Colony No 4 Condominium Association, Incorporated, at 141 Crandon Boulevard, #429, which was requesting a modification of condition #3 of Resolution Z-244-78 adopted by the Dade County Commission on October 19, 1978 The applicant was specifically requesting "that in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled 'Botanica Unit #439 Key Colony,' as prepared by Ruben J Page 3 of 7 June 8, 1993 Pujol, Architect, dated received March 5, 1993, consisting of three sheets " Councilwoman Sime stated that she has reviewed the video tape of the Council meeting of May 25th Councilman Hill made a motion to re -open the public hearing The motion was seconded by Mayor Conte and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Ronald Shapo, 200 South Biscayne Boulevard, Miami, representing the applicant, addressed the Council David Cimo, 141 Crandon Boulevard, spoke in opposition to the application Richard Langhorn, 848 Brickell Avenue, Miami, spoke in opposition to the application Maite Hoyos, 141 Crandon Boulevard, also spoke in opposition to the application Bertha Alvarez, 141 Crandon Boulevard, spoke in opposition to the request Ms Alvarez also submitted a petition of twenty-three signatures opposed to the application Juan Delayerba, 141 Crandon Boulevard, also stated his opposition to the request Community Development Director Sobrino made comments to the Council and stated her recommendation for approval of the application After discussion by the Council, Councilman Sime made a motion to deny the request, with prejudice, seconded by Councilman Sullivan The motion was adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilmembers Fried, Hill and Rasco voted No Councilman Hill made a motion to hear item 9-D out of order, seconded by Sime unanimous The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes At the request of Councilman Sime, Clerk Inguanzo read the names of the persons appointed to the Local Planning Agency's Zoning Code Review Committee The members appointed were Julie Alvarez, Wilfredo Borroto, Eduardo Chamorro, Debra Deleon, Raul Llorente, George Mantilla, and Debra Neve Councilman Hill was appointed as chairman and non -voting member of that committee Councilman Sime presented a schedule of future Local Planning Agency meetings Councilman Hill excused himself from the meeting at 10 00 p m Page 4 of 7 June 8, 1993 9 REPORTS AND RECOMMENDATIONS The following reports were submitted 9-A VILLAGE ATTORNEY Attorney Weiss stated that the Sunshine Law has been amended to exempt litigation meetings from the law 9-B VILLAGE CLERK Clerk Inguanzo stated that the mayor has issued proclamations recognizing "Kids Fishing Tournament Weekend" and "Emerson Fittipaldi Day " Councilman Sullivan requested that a proclamation be issued for Al Del Greco, a kicker for the Houston Oilers, who has donated his proceeds from a golf tournament to the Key Biscayne Athletic Club The Council concurred that the mayor present a proclamation to Mr Del Greco Clerk Inguanzo presented the seal designs submitted prior to the Council's deadline of April 1, 1993 The Council concurred to make a decision regarding the selection of a seal despite Councilman Hill's absence Bill Durham, 748 Glenridge Road, requested that the Council change the current heraldic seal and spoke in support of the seal submitted by Jim Brewster Jim Taintor, 355 Harbor Drive, spoke in support of the Brewster seal JoAnn Young, 600 Harbor Drive, requested that the Council select a new seal and also spoke in support of the Brewster seal Tim Stickney, 285 Woodcrest Road, spoke in support of the Brewster seal Michelle Padovan, 425 Grapetree Drive, spoke in support of selecting a contemporary seal Raul Llorente, 345 Cypress Drive, requested that the Council select a new seal Nancy Tellam, 270 Greenwood Drive, also spoke in support of the Brewster seal Jim Brewster, 500 North Mashta Drive, requested that the Council consider his seal design Councilman Fried made a motion to phase -in the adoption of the Brewster seal, seconded by Mayor Conte The motion was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Rasco, Sime, S divan, Vice Mayor Brody, and Mayor Conte voting Yes 9-C VILLAGE MANAGER Manager Kissinger discussed his Beautification Program The manager discussed the proposed lease with the Dade County School Board for the Key Biscayne Elementary School's play fields Councilman Rasco raised a concern regarding a provision in the lease prohibiting carnivals Principal Rider addressed the board on the matter Mr Grossman also addressed the Council regarding the lease Manager Kissinger submitted an update on grant request by the Village Page 5 of 7 June 8, 1993 The manager also announced that the county has scheduled a public hearing to discuss the Crandon Park master plan on June 18 and July 13, 1993 Councilman Sime recommended that the Village host a meeting with the Matheson family and county representatives to discuss the matter Councilman Rasco requested that staff prepare a presentation for the county's committee meeting on June 18th Manager Kissinger reported that the trash transfer station issue is being discussed with the county Vice Mayor Brody stated that the county should provide regular pick-ups instead of a transfer station Councilman Sullivan stated that the county is required, under the transitional agreement, to provide a station within a half mile of the Village The manager requested that the Fire Chief discuss the selection of a fire station site Chief Huddleston made a presentation to the Council The manager recommended the selection of the Rebozo property as the site for the station Vice Mayor Brody made a motion to approve the selection of the Rebozo property as the site for the fire station, seconded by Councilman Fried The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The Council also concurred to have red fire trucks The manager presented the following informational reports departmental reports, the monthly financial statement, a memorandum from the Finance Department regarding revenue losses based on the 1993 assessment roll estimate, and an article from Miami Today regarding incorporation efforts by areas of unincorporated Dade County 9-D Mayor and Councilmembers Chairman Sime requested that Building Official Dan Nieda discuss the lighting situation at the Winn -Dixie shopping center Building Official Nieda made a brief presentation 10 RESOLUTIONS There were no resolutions considered by the Council 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 FUTURE MEETINGS A schedule of future meetings was submitted to the Council and public Page 6 of 7 June 8, 1993 14 ADJOURNMENT The meeting was adjourned at 11 20 p m Approved, as amended, this 22rJ day of v , 1993 74q21_--, Village C rk 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 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