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Home My Public Portal About01-13-98 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 13, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 00 p m Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 INVOCATION Attorney Weiss gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES Vice Mayor Fried offered technical corrections to the minutes of the Meeting of December 9, 1997 The corrected minutes of the meeting of December 9, 1997 meeting and the minutes of the Special Council Meeting of December 16, 1997 were approved by unanimous consent 5 AGENDA The Manager requested to withdraw Item 9E, Councilmember Sime requested to withdraw Item 10A6 and that Item 10A7 be heard together with Item 9A, Councilmember O'Reilly requested that Item 10A5 be heard together with Item 9A, also, Councilmember Padovan requested that Item 10A3 be heard together with 9C, Mayor Festa requested the addition of a brief discussion on aircraft noise as Item 10A13 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS There were no special presentations 7 PUBLIC COMMENTS William G Earle, Esq 280 Harbor Drive, Conchita Suarez, 201 Crandon Boulevard, Bill Durham, 748 Glenridge Road, Ed Meyer, 100 Sunrise Dnve addressed the Council Vice Mayor Fried made a motion to direct staff to draft an ordinance correcting the present zoning on Harbor Drive to a 50' setback The motion was seconded by Councilmember Broucek 1 of 10 January 13 1998 SUBJECT TO DENSITY RESTRICTIONS, CREATING A DESCRIPTION FOR "PARK VIEW RESIDENTIAL" TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIAL USE, REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING CRANDON BOULEVARD WHICH ARE ENVISIONED TO BE SUBJECT TO THE PARK VIEW RESIDENTIAL DESCRIPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE Raul Lastra, Village Planner, addressed the Council regarding this ordinance The Mayor opened the public hearing Sam Davitian, 720 Myrtlewood Lane, Guy Smith, 701 Fernwood Road addressed the Council The Mayor closed the public hearing There was extensive discussion from Council regarding this ordinance The Attorney also addressed the Council regarding this ordinance Councilmember Sime made a motion to re -open the public hearing The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa made a motion to continue the public hearing at the next Council meeting on January 27, 1997 The motion was seconded by Councilmember O'Reilly and approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Mayor Festa voting Yes Vice Mayor Fried voting No The Clerk was directed to re -advertise this ordinance in the Islander News together with a map showing the affected areas 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR NON -BINDING REFERENDUM OF AFFECTED PROPERTY OWNERS CONCERNING SANITARY SEWER IMPROVEMENT PROJECT OF THE VILLAGE OF KEY BISCAYNE, SO AS TO SURVEY THE OPINION OF PROPERTY OWNERS, PROVIDING FOR BALLOT, PROVIDING FOR CONSIDERATION OF RESULTS, PROVIDING FOR AN EFFECTIVE DATE The Attorney addressed the Council regarding this resolution There was extensive discussion from Council regarding this issue 3 of 10 January 13 1998 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE SANITARY SEWER IMPROVEMENT PROJECT OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to approve the resolution The motion was seconded by Councilmember Sime Mayor Festa made an amending motion to change the words "there is" by "may be" in the fourth whereas clause The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The resolution as amended was approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL SERVICES WITH RONALD L BOOK, ESQ , PROVIDING FOR AN EFFECTIVE DATE There was extensive discussion from Council on this issue Councilmember Han made a motion to postpone this decision in order to consider other candidates The motion was seconded by Councilmember Sime and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fned voting Yes Mayor Festa voting No Henncke Groschel-Becker, 290 West Mashta Dnve, Scott Bass, 201 Galen Drive addressed the Council The Manager addressed the Council on this issue The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WILLIAMS, HATFIELD & STONER, INC , PROVIDING FOR AN EFFECTIVE DATE (SIDEWALKS) 5of10 The Padovan motion was approved by a 6-1 voice vote The vote was as follows Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes O'Reilly voting No January 13 1998 Councilmembers Councilmember Mayor Festa made a motion to authorize the Manager that when he presents the contract to the Council to include financial alternatives for this purchase Councilmember Padovan seconded the motion Councilmember Sime made an amending motion that the Manager include his recommendation as to which plan would be the best Councilmember Broucek seconded the motion and it was approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Manager informed the Council that the Chief of Police will be the acting Manager in his absence and that in the absence of the Manager and the Chief of Police, the Chief of Fire Rescue would be the Acting Manager The Manager presented to Council a request for a donation of a bench for the Village Green in memory of Luisa B De la Pezuela The request was approved by unanimous consent The Manager presented to Council the results of the construction bid for traffic calming/ Harbor Drive and requested a motion to award the contract Councilmember Sime made a motion to award the contract to MEF Construction, the low bidder The motion was seconded by Councilmember Han and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No Sam Davitian, 720 Myrtlewood Lane, Vera Skuhersky, 205 West Enid Drive addressed the Council regarding this issue The Manager presented to the Council an employment contract between the Village of Key Biscayne and the Chief of Police, Michael J Flaherty The contract is for a five year period, starting March 1, 1998 and ending on February 28, 2003 Councilmember O'Reilly made a motion to approve the contract as presented to the Council The motion was seconded by Councilmember Padovan Mayor Festa made an amending motion to amend the contract by removing Section 16D from the contract The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried 7of10 January 13 1998 Manager from Jane Torres, President, Florida Breast Cancer Coalition, dated December 26, 1997, letter to Village Manager from Sally Brody, regarding the "Light A Candle to End Breast Cancer" Event, dated December 30, 1997, letter to Village Manager from Ross M Johnston, Esq , Director of Public Affairs, BFI, regarding Consumer Price Index Adjustment, dated December 30, 1997, letter to Village Manager from Lynn Whisenhut, General Manager Adelphia Cable regarding Franchise Fees, dated January 5, 1998, memorandum to Village Manager from Chief of Fire Rescue, John C Gilbert regarding donations - Fire Safety Puppet Show, Dated January 5, 1998, Sponsorship Agreement between the Village of Key Biscayne and the Rotary Club of Key Biscayne Foundation, dated January 6, 1998, authorization to represent the Principal by Lobbyist, letter to Village Manager from Stephen D Kasper, Vice President, Special Operations, Cone Constructors Inc , regarding the West Mashta Bridge Project, dated January 7, 1998, 34th Annual Key Biscayne Art Festival, January 24 & 25, 1998 Mayor and Councilmembers At this point, Councilmember Broucek requested that Item 9A8 regarding traffic circulation of the Community School and crossing guard, be heard Vera Skuhersky, 205 West Enid Drive addressed the Council regarding this issue Chief of Police addressed the Council informing them that until the Police Department is able to find a person to be hired as crossing guard, a Public Service Aid will be assigned as a crossing guard to help alleviate this problem Village Attorney The Attorney did not submit a report Village Clerk The Clerk submitted the following items for information letter to Councilmember Padovan from Governor Lawton Chiles, regarding school overcrowding, dated November 24, 1997, letter to Councilmember Padovan from Linda Karlsson, Town Manager, Bay Harbor Islands, regarding Town Meeting of November 22, 1997, dated November 25, 1997, letter to Village Clerk from D Ray Eubanks, Planning Manager, State of Florida Department of Community Affairs, regarding Ordinance 97-17, dated December 8, 1997 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 13 ADJOURNMENT The meeting adjourned at 11 05 p m 9of10