HomeMy Public PortalAbout10-26-93 Special Council Meeting.tifMINUTES
SPECIAL VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 26, 1993
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to
order by Vice Mayor Brody at 7 10 p m Present were Councilmembers
Mortimer Fried, Michael Hill, Joe Rasco (arrived at 7 15 p m ),
Betty Sime, Raymond Sullivan, and Vice Mayor Clifford Brody Mayor
Rafael Conte was absent Also present were Village Manager Sam
Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard
Weiss
2 INVOCATION: Vice Mayor Brody requested a moment of silent
prayer for Finance Director Jack Neustadt who was ill with a heart
condition
3 PLEDGE OF ALLEGIANCE Vice Mayor Brody led the Pledge
4 APPROVAL OF MINUTES. The minutes of the meeting of
October 12, 1993 were approved, as submitted, by unanimous consent
5 AGENDA: Councilman Sime requested the addition of discussion
regarding the Council's decision on the Greco gas station as item
10-D-1 Councilman Sime also requested the addition of discussion
regarding the criteria for Council funding of grants as item 10-D-2
Councilman Sullivan requested the addition of discussion regarding
the live broadcast of Council meetings as item 10-D-3
There were no objections to the agenda changes
Councilman Sime made an announcement that the Local Planning Agency
has mailed a summary of the master plan to all residents
Vice Mayor Brody requested to hear item 9-B at this time There
were no objections to hearing the item out of order Hearing Number
93 -10 -VC -2 was read into the record Royal Biscayne Venture, the
applicant, lying on the east side of Crandon Boulevard, between
Heather Drive and Galen Drive, requested a modification of an
approved D R I development order, resolution and recorded
agreements as well as accompanying variances for this
hotel/residential project Vice Mayor Brody opened the public
hearing Carter McDowell, 100 Southeast 2 Street, Miami,
representing the applicant, addressed the Council
Page 1 of 9
October 26, 1993
After brief discussion, Councilman Sime made a motion to continue
the hearing to November 16, 1993, at 7 00 p m , at the Key Biscayne
Presbyterian Church, 160 Harbor Drive The motion was seconded by
Councilman Fried and adopted by a unanimous voice vote The vote
was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan,
and Vice Mayor Brody voting Yes
The clerk was instructed to publish a courtesy advertisement
advising the public of the continuation of the public hearing
6 PUBLIC COMMENTS Following the Building and Zoning item, Vice
Mayor Brody opened the floor for public comments Jackie Rose, 390
Caribbean Road, addressed the Council regarding real-estate sign
regulations Vice Mayor Brody requested that staff review the sign
ordinance regarding requirements of said signs
Michele Padovan, 425 Grapetree Drive, addressed the Council
regarding the Building, Zoning and Planning Department Ms Padovan
also spoke in support of the Crandon Boulevard beautification
project
Emergency Services Director Michael Flaherty recognized Officer
Cathy McElhaney for her certification as a D A R E program officer
Chief Flaherty also introduced the following new officers Lanier
Mance and Mark Middlebrook
7 SPECIAL PRESENTATION. Conchita Suarez, 201 Crandon Boulevard,
briefly addressed the Council regarding a citizen holiday decoration
project for Crandon Boulevard
8 ORDINANCES: Vice Mayor Brody 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.
Councilman Fried made a motion adopting the ordinance The motion
was seconded by Councilman Sime Vice Mayor Brody opened the public
hearing There were no speakers present The ordinance 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 vice mayor read the following ordinance, on second reading, by
title
Page 2 of 9
October 26, 1993
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
PROHIBITING THE OPERATION OF VESSELS IN DESIGNED AREAS;
PROVIDING FOR DNFINITIONS; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR PENALTIES, PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Councilman Fried made a motion adopting the ordinance on second
reading The motion was seconded by Councilman Rasco The vice
mayor opened the public hearing Conchita Suarez, 201 Crandon
Boulevard, addressed the Council
Attorney Weiss requested an amendment to section 2 by adding "except
as authorized by the Village Manager " Councilman Rasco made a
motion to amend the ordinance as requested by the attorney The
motion was seconded Councilman Sime and adopted by a 6 - 0 roll call
vote The vote was as follows Councilmembers Fried, Hill, Rasco,
Sime, Sullivan, and Vice Mayor Brody voting Yes
Vice Mayor Brody made a motion adding "including sailboats" to
section 1, sub -section d The Brody amendment was adopted by a
6 - 0 roll call vote The vote was as follows Councilmembers
Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody voting Yes
The ordinance was adopted by a 6 - 0 roll call vote The vote was
as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and
Vice Mayor Brody voting Yes
Vice Mayor Brody read the following ordinance, also on second
reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL
REGULATE BASIC TIER RATES, AUTHORIZING THE FILING OF
COMPLAINTS TS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR
OTHER TIERS OF SERVICE; AUTHORIZING THE ENFORCEMENT OF
FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES
WITHIN THE VILLAGE; ESTABLISHING RECOGNITION OF AND
COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER
ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
Councilman Fried made a motion adopting the ordinance on second
reading The motion was seconded by Councilman Rasco Vice Mayor
Brody opened the public hearing There were no speakers present
The motion was adopted by a 6 - 0 roll call vote The vote was as
follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and
Vice Mayor Brody voting Yes
Page 3 of 9
October 26, 1993
9 BUILDING AND ZONING: Hearing 93 -10 -VC -1 was read into the
record Charles R Smith, the applicant, 280 Island Drive,
requested approval of an over -height fence and encroachments into
adjacent right-of-way Building, Zoning and Planning Director Robin
Sobrino stated her recommendation for denial
Vice Mayor Brody opened the public hearing Frank Palmer, 3455
Royal Palm Avenue, Miami Beach, representing the applicant,
addressed the Council Harry Nelson, 251 Indian Trail, Coral
Gables, also representing the applicant, further addressed the
Council
After brief discussion, Councilman Fried made a motion denying the
variance and adopting staff's recommendation The motion was
seconded by Councilman Sime and adopted by a 6 - 0 roll call vote
The vote was as follows Councilmembers Fried, Hill, Rasco, Sime,
Sullivan, and Vice Mayor Brody voting Yes
10 REPORTS AND RECOMMENDATIONS -
Village Attorney Attorney Weiss advised the Council that the
Calusa Park lease agreement has been scheduled for discussion at an
upcoming county commission meeting
The attorney also briefly discussed the lawsuit filed by Key Colony
regarding the Village's stormwater utility ordinance
Village Clerk The clerk did not submit a report
Village Manager Manager Kissinger recognized the following
individuals from the Dade County Public Schools system who made a
presentation regarding the proposed school improvement program at
Key Biscayne Elementary School Virginia Rosen, Assistant
Superintendent, Erick Laventure, Design Coordinator, and David
Johnson, the architect on the project
The manager recognized Dr Dorothy Rider, principal of Key Biscayne
Elementary School, who made a presentation to the Council regarding
the curriculum program grant awarded to the school by the Council
The following teachers from the school also addressed the Council
Leonda Bussell, Elaine Levine and Sharon Lee In appreciation of
the Council's grant, representatives of the school presented a
plaque to the Council
The manager and Village Engineer Carlos Penin discussed the
basketball court improvement program at the elementary school
Councilman Rasco made a motion authorizing the Village Manager to
Page 4 of 9
October 26, 1993
receive bids on the project The motion was seconded by Councilman
Fried and adopted by a unanimous voice vote The vote was as
follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and
Vice Mayor Brody voting Yes
Manager Kissinger and John Peart, president of Universal Beach
Service Corporation, discussed the beach vegetation plan Robert
Barron, a consultant recommended by Mr Peart, addressed the Council
regarding the project Michele Padovan, 425 Grapetree Drive, and
Conchita Suarez, 201 Crandon Boulevard, spoke in support of the
project
The manager discussed the following studies requested by the Village
Council in the goals and objectives adopted on June 29, 1993
sanitary sewer system expansion, refuse collection, Fernwood Road
project, and Harbor Drive project
After brief discussion, Councilman Sullivan made a motion to approve
the refuse collection study The motion was seconded by Councilman
Sime and adopted by a unanimous voice vote The vote was as
follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and
Vice Mayor Brody voting Yes
There was extensive discussion regarding the Fernwood Road and
Harbor Drive projects Bill Ofgant, 512 Fernwood Road, and Michele
Padovan, 425 Grapetree Drive, addressed the Council The manager
was directed to compile an extensive proposal regarding these
projects
Manager Kissinger briefly discussed bus shelters for Crandon
Boulevard
At the request of the manager, Councilman Sullivan made a motion to
authorize the purchase and installation of roping and buoys at a
cost not to exceed $10,000 00 The motion was seconded by
Councilman Sime Emergency Services Director Flaherty addressed the
Council on this item The motion was adopted by a unanimous voice
vote The vote was as follows Councilmembers Fried, Hill, Rasco,
Sime, Sullivan, and Vice Mayor Brody voting Yes
The manager briefly discussed the acquisition of the tree farm
property Councilman Rasco requested that the Council schedule a
workshop to discuss the purchase of said property Mayor -elect John
Festa, 695 Harbor Lane, and Martha Broucek, 170 Ocean Lane Drive,
addressed the Council Councilman Rasco made a motion to schedule
a workshop The motion was seconded by Councilman Sullivan and
adopted by a 4 - 2 roll call vote The vote was as follows
Councilmembers Rasco, Sime, Sullivan, and Vice Mayor Brody voting
Yes Councilmembers Fried and Hill voted No
Page 5 of 9
October 26, 1993
The manager gave an update on the Village's beautification program
Manager Kissinger and Village Engineer Penin discussed the Coastal
Construction Control Line map project
The manager gave an update on several grant requests by the Village
The manager also gave an update on the stormwater utility
construction program
The manager informed the Council that the county has begun striping
Village streets
Manager Kissinger briefed the Council on the Calusa Park tennis
court replacement Attorney Weiss stated that officials from
Claytech have agreed to reimburse the Village for the cost of
replacing said court
The manager submitted the following informational reports for the
Council's review a letter from Sylvia Lowman, commending the
Village on the street tree program, dated October 9, 1993, a letter
from Deborah F Higer, Metro -Dade Solid Waste Management Department,
regarding a special assessment district, dated October 13, 1993,
a memorandum from Michael Guido, United States Conference of Mayors,
regarding cable television, dated October 15, 1993, and a letter
from Daniel Cazzaniga, commending the Village on the newsletter,
dated October 15, 1993
Mayor and Councilmembers Councilman Sime requested clarification
from staff regarding the decision of the Council on the Greco gas
station zoning hearing Building, Zoning and Planning Director
Sobrino summarized the decision of the Council on that matter
Councilman Sime discussed the establishment of criteria for
determining how to fund requests for grants from the Council The
Council directed the manager to prepare a policy addressing this
matter
Councilman Sullivan discussed the possibility of having the Council
meetings televised live The manager was directed to research the
issue
11 RESOLUTIONS Vice Mayor Brody read the following resolution
by title
Page 6 of 9
October 26, 1993
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING THE MAYOR TO ACUTE THE ATTACHED AGRKEMENT ON
BEHALF OF THE VILLAGE WITH METRO-DADE COUNTY, FLORIDA FOR
MAINTENANCE OF THE CRANDON BOULEVARD MEDIAN; PROVIDING FOR
AN rarr•ECTIVE DATE
Councilman Fried made a motion to adopt the resolution The motion
was seconded by Councilman Sime and adopted by a unanimous voice
vote The vote was as follows Councilmembers Fried, Hill, Rasco,
Sime, Sullivan, and Vice Mayor Brody voting Yes
The vice mayor read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHE)AGREEMENT' ON
BEHALF OF THE VILLAGE TO PURCHASE THE TREE FARM PROPERTY;
PROVIDING FOR AN r yr t:CrIVE DATE
Councilman Sime made a motion to table the resolution The motion
was seconded by Councilman Rasco and adopted by a unanimous voice
vote The vote was as follows Councilmembers Fried, Hill, Rasco,
Sime, Sullivan, and Vice Mayor Brody voting Yes
The vice mayor read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
EXPRESSING APPRECIATION TO CHIEF C.A. GIMENEZ AND
THE CITY OF MIAMI FIRE RESCUE DEPARTMENT FOR
ASSISTANCE IN THE ESTABLISHMENT OF THE VILLAGE'S
FIRE RESCUE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE.
Councilman Rasco made a motion to adopt the resolution The motion
was seconded by Councilman Sime and adopted by a unanimous voice
vote The vote was as follows Councilmembers Fried, Hill, Rasco,
Sime, Sullivan, and Vice Mayor Brody voting Yes
Vice Mayor Brody read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS; REPEALING
PRIOR AUTHORIZATION TO EXECUTE CHECKS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Councilman Fried made a motion to adopt the resolution The motion
was seconded by Vice Mayor Brody and adopted by a unanimous voice
vote The vote was as follows Councilmembers Fried, Hill, Rasco,
Sime, Sullivan, and Vice Mayor Brody voting Yes
Page 7 of 9
October 26, 1993
The vice mayor read the following resolution by title
A RESOLUTION OF THE VILLAGE OF MY BISCAYNE, FLORIDA;
ESTABLISHING AN INTERIM POLICY ON SETBACK AND LOT COVERAGE
REQUIREMENTS FOR EXTERIOR STEPS, SLABS AND DECKS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Attorney Weiss discussed the resolution Mayor -elect John Festa,
695 Harbor Lane, and Martha Broucek, 170 Ocean Lane Drive, addressed
the Council Councilman Rasco made a motion to adopt the
resolution The motion was seconded by Councilman Sime
Councilman Sime made a motion to amend the resolution by providing
for an "accessory building setback " The Sime motion was seconded
by Councilman Sullivan and adopted by a unanimous voice vote The
vote was as follows Councilmembers Fried, Hill, Rasco, Sime,
Sullivan, and Vice Mayor Brody voting Yes
The resolution was adopted by a 5 - 1 roll call vote The vote was
as follows Councilmembers Fried, Rasco, Sime, Sullivan, and Vice
Mayor Brody voting Yes Councilman Hill voted No
Vice Mayor Brody read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
OPPOSING PROPOSED METRO-DADE COtAJ]TY ORDINANCE RELATING TO
NON-PUBLIC EDUCATIONAL AND CHILD CARE FACILITIES, WHICH WOULD
IMPOSE UNIFORM ZONING STANDARDS AND PROHIBIT MUNICIPAL
STANDARDS IN CONFLICT WITH OR IN ADDITION TO DADE COUNTY
UNIFORM STANDARDS; PROVIDING FOR AN EFFECTIVE DATE.
At the manager's request, the resolution was presented to the
Council for discussion only
12 COMMITTEES: There were no committee reports submitted to the
Council
13 OTHER BUSINESS/GENERAL DISCUSSION: Vice Mayor Brody
recognized Councilman Hill for his time and commitment to the
Village and Council in the past two years
14 SCHEDULE OF FUTURE M rINGS/EVENTS • A schedule of upcoming
meetings and events was presented to the Council and public
Page 8 of 9
October 26, 1993
15 : The meeting was adjourned at 11 30 p m
Approved this
day of
Kjc
Village Clerk Mayor
, 1993
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TIN VILLAGE
COUNCIL WITH RESPECT TO ANY MAtriAte CONSIDERED AT A MESTING OR
THAT PERSON WILL .NEED A RECORD OF TEE 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 9 of 9