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
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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
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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
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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
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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
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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
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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
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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
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