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HomeMy Public PortalAbout04-14-98 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 14, 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 The minutes of the Regular Council Meeting of February 10, 1998 and the minutes of the Special Council Meeting of March 31, 1998 were approved by unanimous consent 5 AGENDA Councilmember Broucek requested the deferral of items 10A4 and 10A5 to the next Council meeting and to move Item 10D2 to the beginning of the agenda, Councilmember Sime requested to move Item 10C1 to the beginning of the agenda behind Item 10D2 and to add a report under the Attorney regarding the Seaquarium situation at the state level, Councilmember Han requested the addition of a brief discussion regarding the Orange Bowl Tennis Tournament and Real Estate Signs as Items 10A7 and 10A8 respectively, Vice Mayor Fried requested the addition of a resolution regarding revised special rules of order for meetings of the Village Council There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS There were no special presentations 7 PUBLIC COMMENTS Jack Attias, 600 Grapetree Drive addressed the Council 1 of April 14 1998 8 ORDINANCES There were no ordinances considered by Council At this time a report from the Manager regarding the Sanitary Sewer construction project Capital Financing Plan was heard The Manager addressed the Council and the public regarding the financial impact of the sanitary sewer project on the various capital projects Councilmember Broucek made a motion to have the sanitary sewer constructed by means of a special assessment to those residents that will benefit from the improvements and that the Village will try to work out a program for those residents who have trouble with the special assessment so that they would be able to have a loan available to them The motion was seconded by Councilmember Sime Mayor Festa made a motion to defer this entire item The motion was seconded by Councilmember Han and it failed by a 0-7 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No There was extensive discussion from Council on this issue The Attorney addressed the Council stating that the fact that Councilmembers benefit, as part of the community as a whole, does not create a conflict of interest Councilmember Broucek made an amending motion to allocate 10% of the general fund for the cost of the construction of the sanitary sewer Councilmember Han seconded the motion The Attorney addressed the Council stating that the sanitary sewer was part of the negotiations with DCA to approve the Master Plan The following residents addressed the Council Eduardo Benet, 77 Crandon Boulevard, Mary Willis, 210 Seaview Drive, Paul Auchter, 1111 Crandon Boulevard, James L Peters, 561 Allendale Road, Michael Kahn, 881 Ocean Drive, Jacqueline de Leon, 650 Ocean Drive, John Thomson, 881 Ocean Drive, Jeannette Drown, 575 Crandon Boulevard, Camille Guething, 260 Seaview Drive, Pamela Kirkpatnck, 628 Fernwood Road, James Kirkpatrick, 628 Femwood Road, Manfred Kaminsky, 300 Galen Drive, Charbel Dandah, 740 Myrtlewood Lane, Antonio Camejo, Key Colony III, Haydee Archibald, 881 Ocean Drive, Nancy Doke Harrison, 200 West Mashta Drive, Carol Mullen O'Leary, 444 Fernwood Road, Dan Morrison, 797 Glenridge Road, Conchita Suarez, 201 Crandon Boulevard, Wendy Johannsen, 212 West Mashta Drive Councilmember Sime made an amendment to the amending motion to delete 10% and substitute it by 5% The motion was seconded by Councilmember Han and approved by a 4-3 roll call vote The vote was as follows Councilmembers Han O'Reilly, Sime and Vice Mayor Fried voting Yes Councilmembers Broucek, Padovan and Mayor Festa voting No 2 of 5 April 14 1998 Councilmember O'Reilly made an amendment to the amending motion by deleting 5% and substituting it by 0% The motion was seconded by Councilmember Padovan and failed by a 3-4 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan and Vice Mayor Fried voting Yes Councilmembers Broucek, Han, Sime and Mayor Festa voting No The main motion as amended was approved by a 4-3 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime and Vice Mayor Fried voting Yes Councilmembers Broucek, Padovan and Mayor Festa voting No At this time the Clerk reported that the petition to amend the Charter had been certified sufficient and that according to the Home Rule Charter and the Charter of the Village of Key Biscayne an election should be held no sooner than June 29, 1998 and no later than August 5, 1998 The Mayor made a motion instructing the Attorney to draft a resolution calling the election via mail ballot The motion was seconded by Councilmember Han It was the consensus of Council to extend this discussion for 10 minutes before going to the Manager's report Councilmember Han made an amending motion to hold a regular election instead of a mail ballot election 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 Councilmember Padovan made an amending motion to hold the election on June 30, 1998 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 Attorney addressed the Council regarding this issue There was extensive discussion from Council regarding this issue The main motion 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 Councilmember Sime made a motion to have a resolution from Council opposing the Charter amendment The motion was seconded by Councilmember Broucek and approved by a 5-2 roll call vote The vote was as follows Councilmembers Broucek Han, 0 Reilly, Sime and Vice Mayor Fried voting Yes Councilmember Padovan and Mayor Festa voting No 3 of April 14 1998 The Attorney addressed the Council regarding the Seaquanum informing Council that DCA is against this bill The Attorney further addressed the residents urging them to contact Senators Gutman, Diaz Balart, Casas, Jones and Silver encouraging them to oppose this bill The Manager addressed the Council regarding the fireworks for the 4th of July recommending Firepower Display Unlimited, Inc be awarded the contract for this year Oscar Fumagali, representing Zambelh Fireworks, Gary Evans, owner of Firepower Display Unlimited addressed the Council Councilmember Padovan made a motion to award the fireworks contract to Zambelh International The motion was seconded by Councilmember O'Reilly and failed by a 0-7 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No Chief of Fire Rescue, John C Gilbert addressed the Council regarding the fireworks issue Councilmember Han made a motion to award the fireworks contract to Firepower Display Unlimited The motion was seconded by Vice Mayor Fired 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 Councilmember Broucek made a motion to extend the meeting 10 more minutes The motion was seconded by Councilmember O'Reilly and failed by a 4-3 voice vote (rule of five) The vote was as follows Councilmembers Broucek, Han, O'Reilly and Vice Mayor Fried voting Yes Councilmembers Padovan, Sime and Mayor Festa voting No Councilmember Sime made a motion to reconsider the motion to extend the meeting The motion was seconded by Councilmember O'Reilly and approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime and Vice Mayor Fried voting Yes Councilmember Padovan and Mayor Festa voting No The motion to extend the meeting for 10 more minutes was approved by a 5-2 voice vote The vote was as follows The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime and Vice Mayor Fried voting Yes Councilmember Padovan and Mayor Festa voting No The construction team for the West Mashta Bridge gave a report regarding the final plans for the bridge 4 of April 14 1998 Vice Mayor Fried made a motion authorizing the Manager to proceed with the construction of the West Mashta Bndge The motion was seconded by Councilmember Broucek 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 The following information items were submitted to the Council the monthly departmental reports (March), the March monthly report for the Key Biscayne Chamber of Commerce, Memorandum to Village Manager from Jack Peeples, regarding a report on Key Biscayne Beach Erosion Control Project, dated March 11, 1998, letter to Village Manager from the Key Biscayne Chamber of Commerce regarding Village Voices, dated March 22, 1998 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 the public 13 ADJOURNMENT The meeting was adjourned at 11 15 p m and it will be continued on Thursday, April 16, 1998 at 7 00 p m Res fully submitted Conchita H Alvarez, Village Clerk Approved this 28th day of April, 1998 /Jo)ln F Festa Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON 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 5 of 5 1 t