HomeMy Public PortalAbout12-08-92 Regular Council Meeting.tifMINUTES
REGULAR MEETING OF THE VILLAGE COUNCIL
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, DECEMBER 8, 1992
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 00 p m Present were Councilmembers
Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Ray
Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte
Also present were Village Manager Sam Kissinger, Village Clerk
Guido Inguanzo, Village Attorney Richard Weiss, Police Chief
Michael Flaherty, Finance Director Jack Neustadt, Building
Official Dan Nieda, Village Engineer Carlos Penin, and Community
Development Director Robin Sobrino
2 INVOCATION: Rev Pat Arnold, of Key Biscayne Presbyterian
Church, offered the invocation
3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge
4 APPROVAL OF MINUTES: Councilman Fried offered the following
correction to the minutes of November 24, 1992 On page 2 of 7,
Item 9-A, fourth paragraph, first sentence, corrected to read
"Councilman Fried stated that there was a consensus at Master
Plan meetings from speakers to purchase the property " As
amended, the minutes were approved by unanimous consent
5 AGENDA: There were no changes made to the agenda
6 SPECIAL PRESENTATIONS: Mayor Conte presented a copy of
Resolution 92-66 to each of the following Frank Garisto, Cesar
Odio (City of Miami), Major Pearson (Metro -Dade Police
Department), Ebel Perez (Southern Bell), Guy Sanchez (FPL), and
Robert Sims (City of Miami) The following were also recognized
by the mayor, but were not present Adelphia Cable
Communications, Winn Dixie, Rusty Pelican, English Pub, and La
Boulangerie
7 ORDINANCES: There were no ordinances discussed
8 BUILDING AND ZONING: Public Hearing Number 92-12-KBT-1 The
applicant, Jefferson National Bank, requested a time extension
for temporary bank facility until March 31, 1993 (606 CRANDON
BOULEVARD) Mayor Conte opened the public hearing
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Community Development Director Sobrino stated her recommendation
for approval The public hearing was closed Councilman Sime
made a motion to approve the request, seconded by Councilman
Rasco
Councilman Hill made a motion to amend the motion to include a
provision requiring a time extension for the bond in escrow until
April 30, 1993 Mr Rudy Garcia, Vice President of Jefferson
National Bank stated no objection to the amendment The motion
was seconded by Councilman Rasco and adopted by a unanimous voice
vote The vote on the amendment to the motion was as follows
Councilmembers Fried, Hill, Rasco, Sime Sullivan, Vice Mayor
Brody, and Mayor Conte voting Yes
The motion was adopted by a unanimous voice vote The vote on
the main motion was as follows Councilmembers Fried, Hill,
Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting
Yes
9 REPORTS AND RECOMMENDATIONS:
9-A The Village Attorney submitted the following reports
9-A-1 Joseph Serota, Village Attorney, discussed the settlement
between Dade County and the Matheson Family on the International
Tennis Center Village Attorney Serota asked for direction from
the Council on how to proceed with their lawsuit
Helen White, 241 East Enid, addressed the Council and stated she
felt the Council should continue to oppose the construction of a
7,500 seat stadium
After a lengthy discussion, Councilman Hill made a motion to
authorize the Village Attorney to settle the lawsuit with the
county taking into consideration the following concerns no more
than two events, in addition to the Lipton, limited to a maximum
of ten days per event, 30 acres of Crandon Park should be deeded
to the Village for $1 00 with stipulations that the property can
be used for play fields, a representative of the Village should
be a voting member of the Master Plan Committee appointed in this
matter Councilman Fried seconded the motion The motion was
adopted on a 6-1 roll call vote The vote was as follows
Councilmembers Fried, Hill, Rasco, Sime, Vice Mayor Brody, and
Mayor Conte voting Yes Councilman Sullivan voted No
9-A-2 Village Attorney Weiss discussed the scheduling options
for the Council to consider the Flood Damage Prevention
Ordinance Councilman Sime made a motion to schedule a special
meeting on December 22, 1992 to consider the ordinance on first
reading and a special meeting on January 5, 1993 to consider the
ordinance on second reading Councilman Rasco seconded the
motion
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Clerk Inguanzo asked if there would be any objection to
advertising and hearing two other pending ordinances
Administrative Variances and Construction Debris Containers
There were no objections from the Council
The 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
9-A-3 Attorney Weiss discussed the proposed Rules and
Procedures for Village committees Councilman Sime made a motion
to adopt the Committee Rules and Procedures, 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
9-B The Village Clerk submitted the following reports
9-B-1 There were no proclamations issued by the mayor in the
last two week period
9-B-2 Clerk Inguanzo presented a report on the implementation
of the Seal and Motto
Councilman Sullivan made a motion to hear Item 9-D-5 at this
time, seconded by Councilman Fried The motion was adopted by a
unanimous vote The vote was as follows Councilmembers Fried,
Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte
voting Yes
Councilman Hill recommended changing the sail design on the seal
Lynn Spaugh, 605 Ocean Drive, stated her displeasure with the
seal selection process
Ed Meyer, 100 Sunrise Drive, stated that the committee spent most
of its funds on a heraldic design and he feels those funds were
misused
Nancy Tellam, 270 Greenwood, stated that no one she has spoken
with likes the seal that was chosen
John Festal 695 Harbor Lane, stated that the children of Key
Biscayne should be given the opportunity to select the seal
George Grim, 607 Ocean Drive, stated his displeasure with the
seal selected
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Councilman Hill made a motion to modify the sail on the seal,
seconded by Councilman Brody The motion was adopted by a 6-1
voice vote The vote was as follows Councilmembers Fried,
Hill, Rasco, Sullivan, Vice Mayor Brody, and Mayor Conte voting
Yes Councilman Sime voting No
Councilman Rasco moved to reconsider the Hill motion, 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
Councilman Hill made a motion to modify the sail on the seal and
for the heraldic emblem to be enclosed in rings, seconded by
Councilman Brody The motion was adopted by a 4-3 roll call
vote The vote was as follows Councilmembers Fried, Hill,
Sullivan, and Vice Mayor Brody voting Yes Councilmembers Rasco,
Sime, and Mayor Conte voting No
Councilman Sullivan made a motion to re -open the seal selection
process, seconded by Councilman Fried
The motion failed to pass on a 2-5 roll call vote The vote was
as follows Councilman Sullivan and Mayor Conte voting Yes
Councilmembers Fried, Hill, Rasco, Sime, and Vice Mayor Brody
voting No
9-C The Village Manager submitted the following reports
9-C-1 Manager Kissinger submitted the following Departmental
Reports Building Official, Community Affairs, Engineer, Police
Chief, and Recreation Director
9-C-2 Manager Kissinger discussed his reports on the Catch
Basin Cleaning, Catch Basin Installation and Stormwater Master
Plan Village Engineer Penin also addressed the Council on this
matter
John Savage, 177 Ocean Lane Drive, addressed the Council and
stated his opinion that a stormwater plan should be implemented
over a long period of time
Lorraine Sonnabend, 300 Pacific Road, discussed the possibility
of using a deep well injection system Village Engineer Penin
stated it would be very costly
9-C-3 The manager reported that a contract had been executed
with Compupay for employee payroll
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9-C-4 Building Official Nieda addressed the Council on the
issue of private easements In conversations with the
condominium associations, Nieda stated that they may be
interested in deeding to the Village the easement at the Island
House
9-C-5 Manager Kissinger submitted the monthly financial report
for the Council's consideration
9-C-6 The manager submitted follow-up reports on hurricane
related items including debris pick-up, Calusa Park and storm
sewer system
9-C-7 The manager stated to the Council the increasing number
of complaints he is receiving about L'Esplanade (973 Crandon
Boulevard) Building Official Nieda discussed three code
enforcement issues relating to this property there is a
continuing violation since August, work has been done without a
building permit, debris from the roof repairs dumped on right-of-
way and inoperable elevator
9-C-8 and 9-C-9 Manager Kissinger requested direction from the
Council on how to proceed with a Bond Counsel and Financial
Advisor There was a consensus from the Council for the manager
to pursue these matters
9-C-10 Councilman Hill made a motion to waive the permit fees
for the St Agnes Catholic Church Festival (February 5-7, 1993)
Seconded by Councilman Rasco 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
9-C-11 Manager Kissinger presented a financial analysis, a five
year budget analysis, to determine the economic feasibility of
the Village acquiring the Fernwood/Crandon Boulevard property
The manager indicated that it would be possible to decrease
property taxes two percent each year over the next five years and
still purchase the property
Councilman Brody made a motion authorizing the attorney to offer
the highest appraised value for the Rebozo property and make the
appraisals available to the public, seconded by Councilman Fried
The motion was adopted by a 6-1 roll call vote The vote was as
follows Councilmembers Fried, Rasco, Sime, Sullivan, Vice Mayor
Brody, and Mayor Conte voting Yes Councilman Hill voted No
At this point, the manager called upon Chief Flaherty to discuss
uniform options for the police officers Chief Flaherty made a
presentation to the Council
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9-C-12 Manager Kissinger informed the Council that the auditors
are in the process of completing the 1991-92 Annual audit
9-C-13 The manager discussed several aspects of the Village's
Beautification Program including trimming and clearing,
park -land right-of-way areas, median/cul-de-sac landscape plans,
and Crandon Boulevard landscape plans
9-C-14 The manager withdrew this item dealing with the
unveiling of the Village Seal
9-C-15 Manager Kissinger stated that, in his absence, Jack
Neustadt will serve as acting manager
9-C-16 The manager informed the Council that he will be
discussing with Florida Power and Light and Southern Bell the
lighting problem on Crandon Boulevard
9-D The following Mayor/Councilmember items were considered
9-D-1 Councilman Sullivan indicated that the Council should
establish a liaison with the Crandon Park Master Plan Committee
9-D-2 Councilman Sime discussed the seaweed and litter problem
on the beach and stated that this issue should be discussed
further
Larry Garfield, 550 Ocean Drive, agreed that the beach
maintenance issue should be addressed and the beach should be
cleaned
Councilman Sime stated that a letter should be sent to the
condominiums asking for their cooperation in this matter
9-D-3 Councilman Brody made a motion to waive the $125 00
Certificate of Occupancy fee for the Key Biscayne Athletic Club
Christmas tree tent, seconded by Councilman Rasco The motion
was adopted by a unanimous vote The vote was as follows
Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor
Brody, and Mayor Conte voting Yes
9-D-4 Councilman Sime submitted a brief report on the Local
Planning Agency
9-D-5 This item was heard during the Clerk's Report
10 COMMITTEE REPORTS: There were no committee reports
submitted
11 RESOLUTIONS: The following resolutions were considered
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11-A Councilman Brody made a motion to adopt the following
resolution, seconded by Councilman Fried
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO
DISTRIBUTE INCREASED SALES TAX DOLLARS IN AN
EQUITABLE MANNER, PROVIDING FOR AN EFFECTIVE DATE
The motion was adopted by a
as follows Councilmembers
Vice Mayor Brody, and Mayor
unanimous voice vote The vote was
Fried, Hill, Rasco, Sime, Sullivan,
Conte voting Yes
11-B Councilman Fried made a motion to adopt the following
resolution, seconded by Councilman Sime
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO
TAKE ALL NECESSARY ACTIONS TO TERMINATE CERTAIN
POLICE AND PUBLIC WORKS SERVICES NOW BEING
PROVIDED BY METROPOLITAN DADE COUNTY AS LISTED
IN PARAGRAPH II(B) OF THE INTERLOCAL AGREEMENT
BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE
OF KEY BISCAYNE, PROVIDING FOR AN EFFECTIVE DATE
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
11-C Councilman Brody made a motion to adopt the following
resolution, seconded by Councilman Fried
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE RECREATION DIRECTOR TO
DEVELOP AND MAINTAIN A COACHES CERTIFICATION AND
TRAINING PROGRAM, PROVIDING FOR AN EFFECTIVE DATE
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
12 OTHER BUSINESS/GENERAL DISCUSSION There was no
business discussed
13 MEETING ANNOUNCEMENTS: The following schedule of
meetings was presented
A LOCAL PLANNING AGENCY MEETING (L.P.A )
TUESDAY, DECEMBER 15, 1992, 7.00 P.M.
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
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further
future
B REGULAR VILLAGE COUNCIL MEETING
TUESDAY, JANUARY 12, 1993, 7 00 P M
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
C LOCAL PLANNING AGENCY MEETING (L.P.A.)
TUESDAY, JANUARY 19, 1993, 7:00 P.M.
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
D SPECIAL VILLAGE COUNCIL MEETING
TUESDAY, JANUARY 26, 1993, 7 00 P M
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
E SPECIAL VILLAGE COUNCIL MEETING (FIRE/RESCUE SERVICE)
TO BE ANNOUNCED
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
F REGULAR VILLAGE COUNCIL MEETING
TUESDAY, FEBRUARY 9, 1993, 7 00 P M
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
G LOCAL PLANNING AGENCY MEETING (L.P.A.)
TUESDAY, FEBRUARY 16, 1993, 7:00 P.M.
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
H SPECIAL VILLAGE COUNCIL MEETING
TUESDAY, FEBRUARY 23, 1993, 7 00 P M
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
KEY BISCAYNE, FLORIDA 33149
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14 ADJOURNMENT The meeting was adjourned at 10 50 p m
Approved this 5 day of 3cii n L) a-'1ry , 199.3
Villag Clerk 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/SHE 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
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