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HomeMy Public PortalAbout04-16-98 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, APRIL 16, 1998 (CONTINUATION OF APRIL 14, 1998 MEETING) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The continuation 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 David Wolpin 2 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE INCREASE OF THE FLORIDA HOMESTEAD EXEMPTION Councilmember Padovan made a motion to approve the resolution The motion was seconded by Councilmember Broucek Councilmember O'Reilly made a motion to table this resolution Vice Mayor Fried seconded it 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 Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING THAT THE FLORIDA STATE LEGISLATURE DEVISE THE METHODOLOGY FOR FAIR FUNDING FOR URBAN AREAS WHICH SERVE LARGE AND COMPLICATED POPULATIONS SUCH AS THE MIAMI-DADE JUVENILE ASSESSMENT CENTER 1of8 Councilmember Padovan made a motion to approve the resolution The motion was seconded by Mayor Festa and approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime and Mayor Festa voting Yes Councilmember O'Reilly and Vice Mayor Fried voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PASS SENATE BILL 1478 AND HOUSE BILL 3827 (INSURANCE COVERAGE), PROVIDING FOR AN EFFECTIVE DATE Councilmember Broucek made a motion to approve the resolution The motion was seconded by Councilmember Padovan 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 Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED FIVE YEAR AGREEMENT BEGINNING OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2003 BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY FIRE RESCUE SERVICES, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Fried made a motion to approve the resolution The motion was seconded by Councilmember O'Reilly Chief of Fire Rescue, John C Gilbert addressed the Council regarding this resolution Mayor Festa made an amending motion to add under Section VII add the words "if fair market value does not vary more than 10% between appraisals" and under Section X add the words "any fiscal year" The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Broucek out of the chamber at the time the vote was taken The resolution as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes 2 of 8 Councilmember Broucek out of the chamber at the time the vote was taken Camille Guething, 260 Seaview Drive addressed the Council Chief Gilbert was directed to find out where the nearest Miami -Dade Fire Rescue Department station is, in case we need to contract with them He was also directed to look into optional contracts with Miami -Dade Fire Rescue Department and Coral Gables Fire Department The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING EXTENSION OF LETTER BY VILLAGE MANAGER WITH MIAMI-DADE COUNTY FOR THE PROVISION OF LAWN MAINTENANCE FOR THE KEY BISCAYNE BRANCH LIBRARY FOR TWO ADDITIONAL YEARS, PROVIDING FOR AN EFFECTIVE DATE Councilmember Padovan made a motion to approve the resolution The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Broucek out of the chamber at the time the vote was taken The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL, REPEALING RESOLUTION 97-45, ON THE SAME SUBJECT MATTER, AND PROVIDING FOR AN EFFECTIVE DATE Councilmember Sime made a motion to approve the resolution 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 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Padovan addressed the Council and the public giving an update from the ABC School Boundaries Committee and the EEC to the School Board from the meeting held on March 18, 1998 3 of April 16 1998 Carol Mullen O'Leary, 444 Fernwood Road, Pamela Kirkpatrick, representing the Key Biscayne Chamber of Commerce, addressed the Council Councilmember Padovan made a motion to address the Council regarding the Fund Raising Concert for Feed The Children at the Lipton on March 17, 1998 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 instruct the Manager to waive building fees for other municipalities when they are solving problems for the Village and the Village needs their assistance The motion was seconded by Councilmember Padovan Councilmember Han made an amending motion to restrict the waiver to only the aircraft noise meeter equipment The motion was seconded by Councilmember O'Reilly 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 motion as amended was approved by a 4-3 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan and Mayor Festa voting Yes Councilmembers Han, Sime and Vice Mayor Fried voting No Councilmember Broucek made a motion requesting approval from Council regarding the proposed agenda topics for Village Voices The motion was seconded by Councilmember Padovan 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 Ed Meyer, 100 Sunrise Drive addressed the Council Councilmember Han addressed the Council regarding the Orange Bowl Tennis Tournament which will be held at the Lipton in a near future Councilmember Han addressed the Council regarding real estate signs violating Section 28 8 of the Village Code Staff was directed to revise the sign ordinance to reflect a change in this section Village Attorney The Attorney addressed the Council regarding the position of the Lipton Tournament not agreeing to sign the restrictive covenant Mayor Festa addressed the Council informing them that he will send a letter to Mayor Penelas regarding this issue Councilmember Padovan recommended that the Manager be appointed as liaison with the Lipton Tournament There was no objection to the recommendation 4 of April 16 1998 The Attorney requested that the item regarding the Fair Labor Standards Act be tabled until Attorney Weiss is able to attend a Council meeting At this time the East and Drive improvement program was heard by unanimous consent of Council The Manager addressed the Council explaining that this is a comprehensive improvement program for East Enid which includes drainage, installation of curving on both sides of the street, the installation of the extension of the brick sidewalk on the south side of the street down to approximately the area of entrance into the Beach Park and lighting The monies for the East Enid Drive improvement program would come from the following $300,000 from the stormwater utility fees, $300,000 from 1997 surplus, $200,000 from the proposed 1999 capital budget and $88,000 from sidewalk grant Councilmember O'Reilly made a motion to sever the program and to go forward with only the underground infrastructure, the drainage The motion was seconded by Councilmember Padovan Councilmember Sime made an amending motion to approve the entire program as presented The motion was seconded by Councilmember Han and approved by 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan Sime and Vice Mayor Fried voting Yes Councilmembers O'Reilly and Mayor Festa voting No Jacqueline de Leon, 650 Ocean Drive addressed the Council Councilmember Sime called the previous question 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 and Mayor Festa voting Yes The motion as amended was approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan Sime and Vice Mayor Fried voting Yes Councilmembers O'Reilly and Mayor Festa voting No At this time Councilmember Sime excused herself from the meeting Village Clerk The Clerk reported that the Office of the Mayor issued the following Proclamation during the month of April Fair Housing Month The following item was provided for information letter to Councilmember Padovan regarding telecommunications fees from representative Carlos L Valdes dated March 16, 1998 5 of April 16 1998 Village Manager The Manager requested a motion for authorization to draw down funds ($693 000) from the State Salutary Sewer Grant, according to Ordinance 96-6 adopted by Council on June 25, 1996 Councilmember O'Reilly made a motion to authorize the Manager to withdraw the funds The motion was seconded by Vice Mayor Fried and approved by 5-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No Councilmember Broucek made a motion to award the fire vehicle bid for $225,570 The motion was seconded by Councilmember O'Reilly Councilmember Han made a motion to have separate motions for the fire vehicles The motion was seconded by Councilmember Padovan and failed by a 3-3 voice vote The vote was as follows Councilmembers Han, Padovan and Mayor Festa voting Yes Councilmembers Broucek, O'Reilly and Vice Mayor Fried voting No Vice Mayor Fried called the previous question The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The main motion failed by a 3-3 voice vote The vote was as follows Councilmembers Broucek, O'Reilly and Vice Mayor Fried voting Yes Councilmembers Han, Padovan and Mayor Festa voting No The Manager addressed the Council regarding the extension of Fernwood Road stormwater system and sidewalk requesting to waive the bidding process Vice Mayor Fried made a motion to approve the Manager's request and to move forward with the project The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa made a motion to defer the Employee Policies and Procedures Manual amendments until the information regarding the Fair Standards Labor Act information is available Councilmember Padovan seconded the motion Councilmember Padovan called the previous question The motion was seconded by Mayor Festa and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, 0 Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Han voting No 6of8 April 16 1998 The main motion was approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fned and Mayor Festa voting Yes Councilmember Han voting No The Manager presented to the Council a request from Coldwell Banker to use the Heritage Trail Map It was the consensus of Council to approve the request Councilmember Padovan made a motion to table the drainage study for the Village of Key Biscayne Elementary School to the next Council meeting The motion was seconded by Mayor Festa and failed by a 2-4 voice vote The vote was as follows Councilmembers O'Reilly and Padovan voting Yes Councilmembers Broucek, Han, Vice Mayor Fried and Mayor Festa voting No Councilmember Broucek called the previous question The motion was seconded by Councilmember Han and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fned and Mayor Festa voting Yes Councilmember Padovan voting No Councilmember Han made a motion to proceed with the study The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fned and Mayor Festa voting Yes The Manager addressed the Council regarding the National Coastal Summit to be held in Washington, D C , from June 24 to June 26, 1998 recommending that we send a representative By consensus of the Council Councilmember O'Reilly was appointed to attend this summit Councilmember Han addressed the Council regarding the Special Masters agenda 11 OTHER BUSINESS/GENERAL DISCUSSION The Mayor presented to Council a letter from Ray Sullivan regarding Calusa Park and requested a report on the status of Calusa at the next Council Meeting Councilmember Han requested that the Manager starts reporting, on a monthly basis, with a table of approved dates and follow up for projects Councilmember Broucek also requested that the Manager put together a report of all projects and their cost Councilmember Padovan and the Chief of Police, Michael J Flaherty, addressed the Council regarding donations to different police charities Councilmember Padovan also invited the Council to participate in the baynanza cleanup which will take place April 18, 1998 at 9 00 a m 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 9 35 p m 7 of 8 April 16 1998 Respptfully submitted 4(6 Conc ita H Alvarez, Village Clerk Approved thisc6 day of April ,1998 i n F Festa ayor • 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 8of8