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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 Page 1 of 9 ( 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 Page 2 of 9 C 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 Page 3 of 9 ( 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 Page 4 of 9 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 Page 5 of 9 C, 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 Page 6 of 9 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 Page 7 of 9 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 Page 8 of 9 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 Page 9 of 9