HomeMy Public PortalAbout11-09-93 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBER 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 Festa at 7 00 p m Present were Councilmembers
Mortimer Fried, Raul Llorente, Joe Rasco (arrived at 7 05 p m ),
Betty Sime, Raymond Sullivan, John Waid, and Mayor John Festa
Also present were Village Manager Sam Kissinger, Village Clerk
Guido Inguanzo and Village Attorney Richard Weiss
2 INVOCATION: Monsignor William F McKeever, of St Agnes
Catholic Church, gave an invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge
4 APPROVAL OF MINUTES Councilman Fried made a motion
adopting the minutes of the October 26, 1993 meeting as
submitted The motion was seconded by Councilman Sullivan and
adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and
Mayor Festa voting Yes
5 AGENDA. Councilman Sime requested the addition of a video
tape presentation by the Florida Department of Transportation
Councilman Sime also requested the discussion of a date for the
first hearing of the Master Plan
Councilman Rasco requested the addition of discussion regarding
the Building, Zoning and Planning Department
Mayor Festa requested to hear Item 9, Resolutions, following the
Building and Zoning items
There were no objections to the agenda changes
6 ORDINANCES. The clerk read the following ordinance, on
first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING ORDINANCE NO 93 - 6 CHANGING THE
NAME OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO
BUILDING, ZONING AND PLANNING DEPARTMENT;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE
AND AN r r•K CrIVE DATE
Page 1 of 9
November 9, 1993
Councilman Sullivan made a motion to adopt the ordinance on first
reading The motion was seconded by Councilman Sime and adopted
by a unanimous roll call vote The vote was as follows
Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and
Mayor Festa voting Yes The clerk announced that the second
reading will be held on November 23, 1993
At this time, Mayor Festa recognized former Mayor Rafael Conte
who thanked the citizens of Key Biscayne for their support in the
past few years and offered his best wishes to the Village
Council Mayor Festa also recognized former Councilman Michael
Hill who was also present at the meeting
7 BUILDING AND ZONING. HEARING NUMBER 93 -SA-2 The
applicant, Governor's Lodge, 300 Sunrise Drive, requested
approval of development identification sign for a multi -family
residential project pursuant to Section 6 of Ordinance No 93-4
Building, Zoning and Planning Director Robin Sobrino stated her
recommendation for approval Jerome Filer, 7438 Southwest 48
Street, Miami, representing the applicant, addressed the Council
Mayor Festa opened the public hearing There were no speakers
present Councilman Sullivan made a motion adopting staff's
recommendation for approval The motion was seconded by
Councilman Fried and adopted by a unanimous roll call vote The
vote was as follows Councilmembers Fried, Llorente, Rasco,
Sime, Sullivan, Waid, and Mayor Festa voting Yes
Councilman Rasco requested that staff review the current
procedure for approval of development identification signs and
make a recommendation to the Council at a future meeting
HEARING NUMBER 93 -SA -3 The applicant, Coral Reef Apartment, 303
Galen Drive, requested approval of a development identification
sign for a multi -family residential project pursuant to Section 6
of the Ordinance No 93-4
Director Sobrino stated her recommendation for approval Mr
Filer, representing the applicant, addressed the Council Mayor
Festa opened the public hearing There were no speakers present
After brief discussion, Councilman Fried made a motion adopting
staff's recommendation The motion was seconded by Councilman
Rasco and adopted by a unanimous roll call vote The vote was as
follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan,
Waid, and Mayor Festa voting Yes
Page 2 of 9
November 9, 1993
HEARING NUMBER 93-11-AAD-1 The applicant, Michael Smithies, 365
Gulf Road, requested an appeal of an administrative decision of
the Director, claiming that the Director erred by not issuing a
paving permit to allow the installation of brick pavers for an
existing driveway
Director Sobrino stated her recommendation for denial of the
request Michael Smithies, 365 Gulf Road, requested deferral of
the item Camille Guething, 260 Seaview Drive, spoke in support
of the application After brief discussion, Councilman Rasco
made a motion to defer the item to the April 12, 1994 Council
meeting The motion was seconded by Councilman Waid and adopted
by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and
Mayor Festa voting Yes
HEARING NUMBER 93 -11 -VC -1 Marlene P and Percy A Elbrecht, 687
Woodcrest Road, the applicants, requested a non-use variance of
setback requirements and a non-use variance of lot coverage
Director Sabrina stated her recommendation for approval After
brief discussion, Councilman Fried made a motion adopting staff's
recommendation The motion was seconded by Councilman Sime and
adopted by a unanimous roll call vote The vote was as follows
Councilmembers Fried, Llorente, Rasco, Sime, Sullivan, Waid, and
Mayor Festa voting Yes
At this time, Item 9, Resolutions, were heard out of order The
clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; EXPRESSING SUPPORT OF DADE COUNTY'S
PROPOSED WEST WELLFIELD PROJECT, URGING
APPROVAL OF PHASE I OF THE WEST WELLFIELD
PROJECT BY THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT GOVERNING BOARD; PROVIDING FOR AN
taI rtaCTIVE DATE.
Councilman Rasco 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, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa
voting Yes
The clerk read the following resolution by title
Page 3 of 9
November 9, 1993
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; EXPRESSING ITS DESIRE TO ACHIEVE SAFE
PEDESTRIAN AND BICYCLE CIRCULATION WITHIN THE
VILLAGE; AUTHORIZING THE MAYOR TO APPLY FOR
FUNDS FROM THE DADE COUN'T'Y METROPOLITAN
PLANNING ORGANIZATION (MPO) FOR A STUDY TO
ACCOMPLISH SAME, PROVIDING FOR AN r.:rrE'CTIVE
DATE.
Bill Ofgant, 512 Fernwood Road, and Servando Parapar, of the
Florida Department of Transportation, addressed the Council
Councilman Fried made a motion adopting the resolution The
motion was seconded by Councilman Llorente and adopted by a
unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Rasco, Sime, Sullivan, Wald, and Mayor Festa
voting Yes
Clerk Inguanzo read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE
ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH C. G.
REBOZO AND PRECISION VALVE CORP. FOR THE PURCHASE OF
THOSE CERTAIN PARC mq OF REAL PROPERTY LOCATED IN KEY
BISCAYNE, DADE COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN S "A" ATTACHED TO AND MADE PART OF
THE ; AND PROVIDING FOR AN EFFECTIVE DATE.
Manager Kissinger made a brief presentation The manager also
announced the possibility of the Village receiving twenty acres
from a potential developer of the current V M S property
Attorney Weiss discussed the proposed contract with Mr Rebozo
and Precision Vale Corporation
The following citizens addressed the Council Eric Nesse, 750
Ocean Drive, representing Key Biscayne Hotel and Villas,
regarding the manager's comments, James Brewster, 500 North
Mashta Drive, in support, Martha Broucek, 170 Ocean Lane Drive,
in support, Gerald Broucek, 170 Ocean Lane Drive, in support,
Nancy Doke Harrison, 170 Ocean Lane Drive, in support, Conchita
Suarez, 201 Crandon Boulevard, in support, Camille Guething, 260
Seaview Drive, in support of a general obligation bond vote,
Deborah Neve, 180 Harbor Drive, in support, Steve Simon, 335
Harbor Lane, in support, Michelle Padovan, 425 Grapetree Drive,
in support
Page 4 of 9
November 9, 1993
After brief discussion, Councilman Sullivan made a motion
adopting the resolution The motion was seconded by Councilman
Sime There was further discussion regarding adoption of the
resolution
Mayor Festa offered an amendment to the contract that, if a voter
referendum is required by the Council, the effective date of the
contract shall commence upon approval of the voters If the
referendum fails, the Council will have an additional ten days
from that date to determine alternate financing of the property
The Festa amendment was seconded by Councilman Waid and adopted
by a 4 - 3 roll call vote The vote was as follows
Councilmembers Fried, Sime, Waid and Mayor Festa voting Yes
Councilmembers Llorente, Rasco, and Sullivan voted No
Attorney Weiss indicated that, if the amended contract is not
accepted by the other party, a special Council meeting should be
called to address the matter
After further discussion, Councilman Sime made a motion to
reconsider the Festa amendment The motion was seconded by
Councilman Rasco and adopted on a 5 - 2 roll call vote The vote
was as follows Councilmembers Fried, Llorente, Rasco, Sime, and
Sullivan voting Yes Councilman Waid and Mayor Festa voted No
Upon a further poll of the members, the Festa Amendment failed on
a 2 - 5 vote The vote was as follows Councilman Waid and
Mayor Festa voting Yes Councilmembers Fried, Llorente, Rasco,
Sime, and Sullivan voted No
The Sullivan motion adopting the resolution in its substantial
form was adopted by a 6 - 1 roll call vote The vote was as
follows Councilmembers Fried, Llorente, Rasco, Sime, Sullivan,
and Mayor Festa voting Yes Councilman Waid voted No
The Council instructed the manager to schedule a special meeting
as soon as possible to discuss the financing of the contract
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE
ATTACHED AGREEMENT NT ON BEHALF OF THE VILLAGE WITH
COASTAL MANAGEMENT AND CONSULTING, DEL RAY BEACH,
FLORIDA FOR DUNE MANAGEMENT CONSULTANT SERVICES;
PROVIDING FOR AN raer t:CTIVE DATE
Page 5 of 9
November 9, 1993
The manager made a brief presentation regarding the agreement
Conchita Suarez, 201 Crandon Boulevard, spoke in support of the
resolution Councilman Rasco 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, Llorente, Rasco, Sime, Sullivan, Waid, and
Mayor Festa voting Yes
Clerk Inguanzo read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY' BISCAYNE,
FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE
ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH
BARTON-ASCN N ASSOCIATES, INC. FOR CONSULTING
SERVICES FOR CRANDON BOULEVARD TRAFFIC OPERATION
IMPROVEMENT; PROVIDING FOR AN EFFECTIVE DATE.
The manager briefly discussed the proposal outlined in the
agreement Bill Ofgant, 512 Fernwood Road, spoke in opposition
to the resolution Servando Parapar, of the Florida Department
of Transportation, also addressed the Council Sergio Mendoza,
761 Ridgewood Road, inquired about the purpose of the resolution
After further discussion, Councilman Fried made a motion adopting
the resolution The motion was seconded by Councilman Waid
After further discussion, Councilman Rasco made a motion to
postpone the resolution to the meeting of November 23, 1993 The
motion was seconded by Councilman Fried and adopted by a
unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Rasco, Sime, Sullivan, Waid, and Mayor Festa
voting Yes
At this time, Servando Parapar, of the state Department of
Transportation, made a presentation to the Council regarding
transportation needs A video tape showing of "On the Road
Again" was a part of Mr Parapar's presentation
8 REPORTS AND RECOMMENDATIONS The following reports were
submitted to the Council
VILLAGE ATTORNEY Attorney Weiss briefly reported on the Key
Colony/Stormwater Ordinance lawsuit and the Calusa Park lease
agreement
The attorney also requested a date for an executive session to
discuss settlement of the Seaquarium lawsuit The Council
concurred to meet in an executive session on November 16, 1993 at
5 00 p m
Page 6 of 9
November 9, 1993
VILLAGE CLERK The clerk announced that, pursuant to the Village
Charter, a vice mayor shall be elected by the Council at this
time Mayor Festa nominated Councilman Rasco By unanimous
consent, Councilman Rasco was elected Vice Mayor
Clerk Inguanzo submitted, for the Council's review, the
certification of the November 2, 1993 regular election results
Councilman Sullivan recommended that a proclamation be awarded to
Clifford Brody, Rafael Conte and Michael Hill for their service
as former members of the Village Council
VILLAGE MANAGER The manager recognized Village Engineer Carlos
Penin who made a brief presentation regarding the Key Biscayne
Elementary School improvement program The manager also
announced that a lease agreement has been signed with the school
board, effective January 1, 1994, for maintenance of the school
fields
Manager Kissinger informed the Council that the Refuse Collection
Study contract has been executed with the Village Engineer
The manager requested that, in his absence, and in the absence of
Finance Director Jack Neustadt, Police Chief Michael Flaherty be
appointed to serve as acting manager There was no action taken
by the Council on this item
The manager briefly discussed the street marking and street sign
program underway by the county The manager was directed to
report to the Council, in the future, prior to the placement of
"no parking" signs
The manager recognized Recreation Director Laurie Tessler who
informed the Council that the resurfacing of the Calusa Park
tennis court will begin tomorrow
The manager presented to the Council his proposed application for
grant funding from municipal monies A decision on this item was
deferred to a future date
The manager requested approval of a bid for photography related
items, for production of a brochure promoting Key Biscayne, at a
cost not to exceed $14,000 00 The item is part of a matching
grant awarded to the Village by the Greater Miami Convention and
Visitors Bureau It was the consent of the Council that local
businesses be encouraged to contribute the matching monies
required by the grant in order to proceed with the project
Page 7 of 9
November 9, 1993
The manager gave an update on the "Mickey's Worldwide Kids
Party "
The manager also gave an update on the Hazardous Mitigation,
Economic Development Administration and other pending grant
applications
At the request of the manager, Building, Zoning and Planning
Director Sobrino gave an update on the computerization of the
department The manager also reported that Director Sobrino has
tendered her resignation
Manager Kissinger gave an update on the following beautification
programs Crandon Boulevard, Street Tree Planting, Re -sodding,
and Neighborhood Public Landscaping Bill Ofgant, 512 Fernwood
Road, spoke in opposition to the Neighborhood Public Landscaping
program
The manager presented the December meeting schedule It was the
consent of the Council to cancel the December 28, 1993 meeting
At this time, Councilman Sime requested that a special meeting be
called for December 7, 1993 to hold the first public hearing on
the Master Plan There were no objections to the special meeting
on December 7th
The manager submitted, for the Council's review, the following
informational reports The monthly departmental reports, the
monthly financial statement, a letter from Debbie Higer, Chief
of Service Development for Metro -Dade County's Solid Waste
Division, regarding a recycling ordinance, dated June 8, 1993, a
letter from William O'Leary, the Village's Landscape Architect,
regarding the removal of existing trees, dated October 25, 1993,
a letter from William O'Leary, regarding the street tree planting
program, dated November 1, 1993, a letter from Joaquin Avino,
Metro -Dade County Manager, regarding five cent capital
improvement local option gas tax, dated November 1, 1993, and an
article from AAA World, regarding Florida's top beaches, dated
November/December 1993
MAYOR AND COUNCILMEMBERS Councilman Sullivan discussed the
establishment of a citizens committee The Council agreed to
further study the issue
Councilman Llorente, with the consent of the Council, appointed
Patricia Romano to serve on the Zoning Code Review Committee
Page 8 of 9
November 9, 1993
Councilman Rasco requested that a task force be appointed to
analyze the Building, Zoning and Planning Department and make
recommendations for improvements Councilman Fried made a motion
appointing Councilman Llorente to serve on such a task force
The motion was seconded by Councilman Rasco and adopted by a
unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Wald, Vice Mayor Rasco, and
Mayor Festa voting Yes
10 COMMITTEES There were no committee reports submitted to
the Council
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further
business discussed by the Council
12 SCHEDULE OF FUTURE MEETINGS/EVENTS
meetings an events was presented to the
A schedule of future
Council and public
13 ADJOURNMENT The meeting was adjourned at 11 50 p m
Approved this 2 3`ci day of klcAs-Q-Y&-Q--c , 1993
l .
Village Clerk Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY ME VILLAGE
COUNCIL WITH RESPECT TO ANY MAI �;[t CONSIDERED AT A MEEITNG OR
THAT PERSON WILL .NEED A RECORD OF THE PROCEEDINGS AND,
FOR SUCH PURPOSE, MAY 1VEED TO IIVSURE THAT A VERBATIM RECORD OF
ME PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TTY TESTIMONY AND
EVIDENCE UPON WHICH ME APPEAL IS TO BE BASED
Page 9 of 9