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HomeMy Public PortalAbout07-13-93 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 13, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMB S : The meeting was called to order by Mayor Conte at 7 30 Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, 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, Emergency Services Director Michael Flaherty, Fire Chief William Huddleston, Finance Director Jack Neustadt, and Community Development Director Robin Sobrino 2 INVOCATION: Anne Owens, publisher of the Islander News, gave an invocation 3 PLEDGE OF ALLEGE• Mayor Conte led the Pledge 4 APPROVAL OF MINUTES: Councilman Rasco made a motion adopting the minutes of the special meeting of June 22, 1993, the workshop meeting of June 29, 1993 and the special meeting of July 2, 1993, as submitted The motion was seconded by Councilman Sullivan 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 5 AGENDA: Councilman Rasco made a motion adding discussion of an item regarding a joint study to be completed by the Village and the county manager to review alternate plans for athletic fields on Key Biscayne 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 Vice Mayor Brody made a brief presentation regarding a meeting held that morning by the county commission concerning the Calusa Park master plan Councilmembers Rasco and Sime also made comments regarding the county commission's action Councilman Sime made a motion appointing Councilman Rasco as the Council liaison on the joint study with the county The motion was seconded by Mayor Conte and adopted by unanimous consent Page 1 of 7 July 13, 1993 6 ORDINANCES: Mayor Conte read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KY BISCAYNE, FLORIDA; ADOPTING AND ENAC'TING A NEW VILLAGE CODE; PROVIDING PENALTIES FOR VIOLATIONS OF THE CODE; PROVIDING FOR INCLUSION IN THE CODE OF FUTURE AMENDMENTS AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Weiss briefly discussed the ordinance Councilman Fried made a motion to adopt the ordinance on first reading 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 Clerk Inguanzo announced that the seconded reading will be held July 27, 1993, at 7 00 p m 7 BUILDING AND ZONING The following items were considered by the Council Hearing Number 93 -7 -VC -1. The applicant, Jefferson National Bank (as tenant) and F I R C Devco, Inc (as owner), 606 Crandon Boulevard, requested a time extension for correcting the excessive lighting situation for the newly constructed shopping center Community Development Director Sobrino recommended approval of the extension Tony Fraga, 141 Solano Prado, Coral Gables, the owner and developer of the property, addressed the Council and stated that he is amenable to resolving the lighting situation Albert Fraga, 4550 Southwest 68 Court Circle, the manager of the property, also addressed the Council Jeff Krell, 575 Sabel Palm Drive, spoke in support of the application Martha Broucek, 170 Ocean Lane Drive, stated that the developer should comply with the wishes of the Council Councilman Sullivan made a motion adopting staff's recommendation and granting a ninety day temporary certificate of occupancy The motion was seconded by Councilman Rasco Mr Fraga offered to post a bond with the Village assuring the replacement of the lighting at the shopping center Vice Mayor Brody offered an amendment to the Sullivan motion requiring that the property owner post a $3,500 00 bond and that an Page 2 of 7 July 13, 1993 extension be granted until August 31, 1993 with a $100 00 fine per day accruing beyond the deadline period until the situation is rectified Councilman Sullivan accepted the amendment to his motion The amended Sullivan 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 Hearing Number 93-GF-1. The applicant, Village of Key Biscayne Emergency Services Department, requested the authorization for the remodeling and expansion of an existing police station complex and construction of a fire rescue complex to include a 736 square foot storage room/emergency generator room addition to the existing police station, a 6' diameter roof mounted satellite dish antenna, 36' X60' prefabricated police/fire rescue administration structure and approximately 1,000 square foot storage facility for the police station and a 36' X 60' prefabricated dormitory, and a 38' X 60' prefabricated apparatus room and fuel storage tank for the proposed fire rescue complex, at the property located east of Fernwood Road between West McIntyre Street and West Enid Drive Building Official Dan Nieda, serving as the architect on the project, made a presentation to the Council Councilman Fried made a motion approving the request, seconded by Vice Mayor Brody Councilman Sime stated that the manager should advise the county of the Village's intent to build its own facility The Fried 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 8 REPORTS AND RECO IDATIONS : 9-A Village Attorney The attorney did not submit a report 9-B Village Clerk The clerk reported that Mayor Conte had not issued any proclamations during the past few weeks 9-C Village Manager The manager introduced Bill Brandon, representing Miami -Dade Water and Sewer Authority, who made a presentation regarding the replacement of the main sanitary sewer line, located under Biscayne Bay, which is connected to the Virginia Key sewer plant Page 3 of 7 July 13, 1993 Village Engineer Carlos Penin made a presentation regarding county imposed sanitary sewer connection restrictions Manager Kissinger requested Council action on the Ocean Drive public landscaping plan William Croysdayle, 550 Ocean Drive, spoke in support of the limited parking proposal - Plan A Michael Kahn, 881 Ocean Drive, spoke in support of Plan B Steve Miner, 590 Ocean Drive, also spoke in support of that proposal Conchita Suarez, 201 Crandon Boulevard, spoke in opposition to providing parking in swale areas and in support of Plan B Shirley Brill, 550 Ocean Drive, also spoke in opposition to parking spaces in the swale area The Council concurred that a decal system be implemented for use of the parking spaces in the swale area Councilman Sullivan made a motion to adopt Plan A, seconded by Councilman Hill 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 The manager reported that the county has approved the beautification plans of Crandon Boulevard He is awaiting approval from the state The manager stated that sod replacement bids are due by July 16, 1993 Manager Kissinger reported that Gorgeous Lawns has been hired to provide clean-up of the beach three times a week He also stated that the dune restoration plan will not begin until the end of the sea turtle nesting season The manager announced that the Street Tree Planting Plan ground breaking ceremony will be held on Wednesday, July 28, 1993, at 5 30 p m The manager reported that a solid waste transfer station has been opened by the county on Virginia Key The manager also reported that signs out -lining beach rules will be installed by August 2, 1993 and similar ocean signs will be installed during the week of August 16, 1993 Discussion of the adoption of a financial policy was deferred until the next meeting of the Council Councilman Fried made a motion to waive competitive bidding requirements, in accordance with ordinance 92-15, and authorize the Village Manager to purchase two (2) defibrillators at a cost of $13,669 00 per unit for a total cost of $27,338 00 -- from a City Page 4 of 7 July 13, 1993 of Miami contract The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote The motion was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Building Official Nieda made a brief presentation regarding the illegal wall erected at 714 Fernwood Road Manager Kissinger briefly discussed the preliminary 1993-1994 fiscal budget The manager recommended that the second meeting in August be cancelled The special meeting of August 24, 1993 was cancelled by the unanimous consent of the Council It was the consent of the Council to authorize the manager to hire a consultant to prepare a specific grant application for F E M A funding The manager submitted the following informational reports Departmental reports, the monthly financial statement, a memorandum from County Manager Joaquin Avino regarding the Crandon Park Master Plan, and a memorandum from Finance Director Jack Neustadt regarding the status of treasury bonds investment 9-D Mayor and Councilmembers Councilman Sime announced that the Local Planning Agency will meet on Tuesday, July 20, 1993 Councilman Hill discussed the issue of capital improvements He stated that the Council, and not the Local Planning Agency, should be responsible for capital projects He also proposed that staff begin a feasibility study for the establishment of a Village Center After extensive discussion, Councilman Hill made a motion authorizing the Village Manager to conduct a feasibility study for a Village Center The motion was seconded by Vice Mayor Brody and adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Rasco voted No Councilman Hill briefly discussed the creation of basketball program by the Recreation Department and improvement of the basketball courts at the school facility Councilman Rasco excused himself from the meeting at 10 10 p m Page 5 of 7 July 13, 1993 9 RESOLUTIONS: Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE SUMMERFEST VOLUNTEERS; PROVIDING FOR AN EFFECTIVE DATE Councilman Hill made a motion adopting the resolution The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR INTEREST RATE, TERMS, MATURITY, AND OTHER DETAILS OF INDEBTEDNESS IN THE AMOUNT OF UP TO $1,000,000 AS APPROVED BY ORDINANCE ADOPTED ON MAY 25, 1993; PROVIDING FOR SEVERABILITY AND AN bier t:CTIVE DATE. Councilman Sullivan made a motion adopting the resolution The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 10 COMMITTEES: There were no committee reports submitted 11 OTHER BUSINESS/ DISCUSSION: Councilman Fried discussed the on -going code enforcement problems at 200 Crandon Boulevard Community Development Director Sobrino addressed Councilman Fried's concerns Ms Broucek congratulated the Council on their efforts on behalf of the Village regarding the Crandon Park master plan 12 SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council and public 13 : The meeting was adjourned at 10 20 p m Page 6 of 7 July 13, 1993 Approved this -2:714% day of g4-'Village erk Mayor 1993 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT W ANY MATTER CONSIDERED AT A MEETING OR HEARING/ THAT PERSON WILL 1VEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROC ' IN S IS MADE, WHICH' RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TBE APPEAL IS TO BE BASED Page 7 of 7