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Home My Public Portal About09-14-93 2nd Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 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 Conte at 8 05 p m Present were Councilmembers Michael Hill, Joe Rasco, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte Councilmembers Mortimer Fried and Betty Sime were absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 APPROVAL OF MINUTES Councilman Hill made a motion to adopt the minutes of the meeting of August 24, 1993 as submitted The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 3 AGEMA: Tony O'Donnel, 701 Brickell Avenue, Miami, requested a deferment of item 5-C Vice Mayor Brody made a motion to defer the item until October 12, 1993 and that re -advertisement of the application be paid by applicant The motion was seconded by Mayor Conte and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 4 ORDINANCE Mayor Conte read the following ordinance on first reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE OFFICIAL SEAL OF THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilman Sullivan made a motion adopting the ordinance on first reading The motion was seconded by Councilman Hill and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The mayor read the following ordinance -- also on first reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS, ESTABLISHING PROHIIB1Ta) ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS, PROVIDING FOR EXEMPTIONS; Page 1 of 7 September 14, 1993 PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN srr sCTIVE DATE. Councilman Rasco made a motion adopting the ordinance on first reading The motion was seconded by Councilman Hill and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The clerk announced that both ordinances passed on first reading will be heard on second reading at the Council meeting of September 28, 1993 5 BUILDING AND ZONING• The following hearings were held Hearing Number 93-9-KBT-1 The applicant, Edward McCarthy as Archbishop of the Archdiocese of Miami (St Agnes Catholic Church) , 100 Harbor Drive, requested non-use variances of zoning and parking regulations Community Development Director Robin Sobrino stated her recommendation for approval of a non-use variance of zoning regulations and parking requirements Michael Cruz, representing St Agnes Church, addressed the Council Vice Mayor Brody made a motion approving a non-use variance of zoning regulations to permit three trailers for temporary classrooms and approving a non-use variance of parking requirements to permit 36 (96 required) parking spaces The motion was subject to the conditions of the director with the exception of requiring a bond agreement The motion was seconded by Councilman Hill and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Hearing Number 93 -9 -VC -1 The applicant, Diego Ribadeneira, 401 South Mashta Drive, requested a non-use variance of setback requirements Community Development Director Sobrino stated her recommendation for denial without prejudice of the application and suggested a one car garage alternative Max Puyanic, 480 South Mashta Drive, representing Mr Ribadeneira, addressed the Council Page 2 of 7 September 14, 1993 Councilman Hill made a motion approving the request The motion was seconded by Vice Mayor Brody and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Hearing Number 93-GF-2 The applicant, Village of Key Biscayne Emergency Services Department, 85 West Enid Drive, requested a modification of Resolution Z-12-93 Building Official Daniel Nieda addressed the Council regarding the item Vice Mayor Brody made a motion to approve the request The motion was seconded by Councilman Hill and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 6 REPORTS AND RECODATIONS• Councilman Rasco requested that only items requiring Council action be heard Village Attorney Attorney Weiss gave a brief report on the signing of the Police Station lease with the county The attorney also reported on efforts to remove the illegal wall at 714 Fernwood Road Village Clerk. The clerk did not submit a report Village Manager The manager recognized Tony Nollin of Williams, Hatfield & Stoner, Inc , who made a presentation to the Council regarding the Stormwater Management Master Plan After brief discussion by the Council, Councilman Sullivan made a motion to receive and adopt the stormwater master plan, dated August 3, 1993, and instruct the Village Manager to initiate the required actions to implement the report The motion was seconded by Councilman Hill and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The manager briefly discussed a seasonal street lighting program Dorothea Bailey, representing the Chamber of Commerce, addressed the Council regarding the program Jeff Krell, also with the Chamber, further addressed the Council regarding the proposed program Vice Mayor Brody made a motion to waive competitive bids and authorize the Village Manager to enter into an agreement with Page 3 of 7 September 14, 1993 Carpenter Decorator of Florida to install holiday decorations along Crandon Boulevard for a three (3) year period at a cost not to exceed $25,000 00 per year The motion was seconded by Mayor Conte and failed on a 3 - 2 roll call vote The vote was as follows Councilman Sullivan, Vice Mayor Brody and Mayor Conte voting Yes Councilmembers Hill and Rasco voted No The manager gave a brief report on the Village's beautification program He updated the Council on the Neighborhood Public Landscaping Plan and the Comprehensive Street Tree Program The manager stated that the Calusa Park tennis court issue is being addressed with the company that installed the present court Manager Kissinger briefly discussed a study of additional parking and a drop-off location at the Key Biscayne Elementary School The manager informed the Council that the Village has been presented with the Certificate of Achievement for Excellence in Financial Reporting Manager Kissinger reported that the State of Florida Public Employees Relations Commission has notified him that the police officers have voted not to create a union at this time The manager presented a draft of the Village newsletter which will be mailed to residents in October The manager gave an update on several pending grants Councilman Hill made a motion authorizing the Village Manager to purchase eight laptop computers at a cost not to exceed $16,352 00 from CompUSA The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Vice Mayor Brody made a motion authorizing the Village Manager to purchase "CRIS package" computer system at a cost not to exceed $19,185 00 from Syscomp The motion was seconded by Councilman Hill and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Fire Rescue Chief William Huddleston addressed the Council regarding the progress of the Fire Rescue Department Page 4 of 7 September 14, 1993 Councilman Rasco made a motion authorizing the Village Manager to purchase protective clothing for firefighters at a cost not to exceed $33,798 40 from Herald Sales and Service The motion was seconded by Vice Mayor Brody and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Vice Mayor Brody made a motion authorizing the Village Manager to purchase two (2) 4X4 Chevrolet Suburban vehicles at a cost not to exceed $50,205 20 from Ed Morse Chevrolet The motion was seconded by Councilman Hill and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, Mayor Conte voting Yes Village Engineer Carlos Penin gave a brief progress report on the Emergency Services Complex The manager reported that the Dade County Public Schools will make a presentation to the Council at its meeting of October 12, 1993 The manager submitted the following informational reports for the Council's review monthly departmental reports, monthly financial statement, letter from Chuck Blaine, Adelphia Cable, regarding channel realignment, letter from Jorge Blanco, Rosario Resources Corporation, regarding Community Development Department, Memorandum from Police Chief Flaherty regarding departmental furniture purchase, article from Miami Herald regarding property appraisals, letter from Thomas Wakefield regarding lease agreement with Mr Rebozo, letter from Kila Pyle, Florida Bid Reporting Service, regarding bid collection procedures, notice from Police Chief Flaherty regarding unlawful use of public beaches, letter from Barbara Todd, National Association of Counties, regarding environmental issues, letter from Eric Nesse, Key Biscayne Hotel and Villas, regarding ocean front villas, letter from Deborah Doty, National Federation of Municipal Analyst, regarding award recognition, letter from Mark Galloway, Adelphia Cable, regarding cable package, notice from Metro -Dade regarding cable television information, letter from Brian Flynn, D E R M , regarding beach vegetation project, letter from Sheila Rushton, Metro -Dade Consumer Services Department, regarding cable franchises, and a letter from Edward Guedes, Weiss, Serota & Helfman, P A , regarding the L'Esplanande property Mayor/Councilmembers The following items were discussed Councilman Rasco discussed the Village's code enforcement policy He also discussed the problem of the unsightly villas on the Key Page 5 of 7 September 14, 1993 Biscayne Hotel and Villas property Building Official Nieda and Community Development Director Sobrino addressed Councilman Rasco' s concerns Councilman Rasco also discussed the administrative variance process The Village Attorney was instructed to compile a zoning hearing process ordinance to address the matter Vice Mayor Brody discussed the default by the Key Biscayne Shopping Center of Resolution Z-11-93 Attorney Weiss advised the Council not to hold a public hearing on this item at the present time to prevent an administrative problem for staff Al Cardenas, 201 South Biscayne Boulevard, addressed the Council on behalf of Mr Antonio Fraga -- owner of the shopping center Mario Labridge, 1141 Southwest 12 Avenue, Pompano Beach, representing Winn Dixie, also addressed the Council Antonio Fraga, 2299 Douglas Road, Miami, further addressed the Council on the matter It was the consent of the Council not to prevent the opening of any businesses at the shopping center at the present time Mayor Conte and the manager discussed a program by Walt Disney World to provide trips to deserving children Councilman Sullivan made a motion authorizing Village participation and transportation funding Vice Mayor Brody seconded the motion which was adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Rasco briefly discussed the issue of ballfield sites in the Village 7 RESOLUTIONS. Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF ICEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE SCHOOL BOARD OF DADE COUNTY, FLORIDA; AND PROVIDING FOR AN r rL CTIVE DATE. Attorney Weiss briefly discussed the lease Councilman Rasco made a motion adopting the resolution The motion was seconded by Mayor Conte and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The mayor read the following resolution by title Page 6 of 7 September 14, 1993 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 3 - 9, 1993; ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION; PROVIDING FOR AN E'L'ECTIVE DATE Councilman Hill made a motion adopting the resolution The motion was seconded by Councilman Rasco and adopted by a unanimous voice vote The vote was as follows Councilmembers Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 8 COMMITTEES There were no reports submitted to the Council 9 OTHER BUSINESS/GENERAL DISCUSSION. There was no further business discussed by the Council 10 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 11 ADJOURNMENT The meeting was adjourned at 10 40 p m Approved this (2..+` day of Gdtc4-C-"' , 1993 Village C,d erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MArze,X CONSIDERED AT A MEETING OR THAT PERSON WILL NEED A RECORD OF TEE PRO=DINGS AND, FOR SUCH PURPOSE, MAY NEED TOE SURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH' RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASE Page 7 of 7