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HomeMy Public PortalAbout05-12-98 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 12, 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 Attorneys Richard Weiss and Stephen Helfman 2 INVOCATION Reverend Timothy Leighton, Key Biscayne Community Church gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the pledge of allegiance 4 APPROVAL OF MINUTES Councilmember Padovan offered technical corrections to the minutes of the Special Council Meeting of April 28, 1998 The minutes of the Special Council Meeting of April 23, 1998 and the corrected minutes of the Special Council Meeting of April 28, 1998 were approved by unanimous consent 5 AGENDA Councilmember Broucek requested the addition of a discussion regarding the redevelopment of Virginia Key as Item 11A5, Councilmember Padovan requested the addition of a brief discussion regarding the local library proposed county budget cut as Item 11A6, the Village Clerk requested the addition of a brief report on how to obtain absentee ballots and Mayor Festa requested the addition of a resolution as Item 1 OF Mayor Festa requested the removal of Items 9A, 10C and 11D7 from the Consent Agenda There were no objections to the agenda changes 1 of May 12 1998 6 SPECIAL PRESENTATIONS Anne Owens, Director for Community Affairs, The Islander News introduced The Islander News and the EnviroFest first place winners who presented packets to the Village Council Jack Peeples, Intergovernmental Representative addressed the Council regarding beach nourishment Mayor Festa presented a special recognition to the following individuals who helped the Fire Department with a pilot project for Habitat for Humanity Inc Reverend Tim Leighton, Terry Fallon and Gary Milford Chris Sager addressed the Council regarding Villa # 69, The Key Biscayne History House G Jerry Chiocca, CPA, P A , Director for Miami and Michael Futterman of Rachlin Cohen & Holtz, the Village's auditing firm, made a presentation to the Council regarding the 1997 Comprehensive Annual Financial Report American Legion Auxiliary President, Conchita Suarez and Poppy Chairman, Mary Morgan presented poppies to the Village Council 7 PUBLIC COMMENTS Ed Meyer, 100 Sunrise Dnve, Jim Peters, 561 Allendale Road, Jacqueline Rose, 2000 South Bayshore Drive, Miami, Wendy Johansen, 212 West Mashta Drive, Nancy Doke Harrison, 200 West Mashta Dnve and Jacqueline Sanchez Volni, 385 Ridgewood Road addressed the Council 8 CONSENT AGENDA APPROVAL Mayor Festa made a motion to approve the consent agenda as amended 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 Fned and Mayor Festa voting Yes 9 ORDINANCES The Clerk read the following ordinance, on first reading by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBITS "A" AND "B", PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public heanng There were no speakers present The Mayor closed the public hearing Mayor Festa made a motion to adopt the ordinance on first reading The motion was seconded by Vice Mayor Fried 2 of May 12 1998 Councilmember O'Reilly made an amending motion to transfer this entire fund for tax reduction The motion died for lack of a second Mayor Festa made an amending motion to delete Key Biscayne Women's Club and substitute with Heritage Day Celebration and to transfer $50,000 from Grants into the Recreation Department The motion was seconded by Councilmember Padovan and approved by 6-1 roll call 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 ordinance as amended was adopted on first reading by a 6-1 roll call 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 proposed ordinances were discussed by staff and the Council AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-53 1 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SETBACKS, PERMITTED ENCROACHMENTS, DENSITY, HEIGHT, MINIMUM LOT SIZE, ETC " CREATING A 50 FOOT REAR SETBACK FOR CERTAIN PROPERTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR PENALTY, PROVIDING AN EFFECTIVE DATE Councilmember O'Reilly made a motion to have a 15 minute discussion on the above ordinances The motion was seconded by Mayor Festa 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 Director of Building, Planning and Zoning, John Little, addressed the Council regarding these ordinances Councilmember O'Reilly made a motion to table the ordinance regarding the setbacks The motion died for lack of a second Staff was directed to notify all of the affected property owners (setback ordinance) that Council will be considering this ordinance on first reading at the Council meeting of May 26, 1998 and also send a letter to property owners that are not affected to see if they would like to be included in this ordinance Councilmember O'Reilly made a motion to not take action on the setback ordinance at this time 3 of May 12 1998 Councilmember Broucek seconded the motion and it failed by a 1-6 voice vote The vote was as follows Councilmember O'Reilly voting Yes Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN", TO PROVIDE FOR PERMITTED LOCATIONS OF SAID SIGNS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, AND PROVIDING AN EFFECTIVE DATE The first reading of the above ordinances was scheduled for the Special Council Meeting of May 26, 1998 10 RESOLUTIONS The following resolutions were approved as part of the consent agenda A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH UNIVERSAL BEACH SERVICE CORPORATION, DELRAY BEACH, FLORIDA, FOR PROFESSIONAL SERVICES FOR BEACH CLEANING AND MAINTENANCE, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING THE FLOODPLAIN MANAGEMENT TASK FORCE FOR THEIR EFFORTS IN PROVIDING THE VILLAGE OF KEY BISCAYNE WITH A FLOODPLAIN MANAGEMENT PLAN, AND PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING MAY 12 THROUGH MAY 18, 1998 AS NATIONAL POLICE WEEK, PROVIDING FOR AN EFFECTIVE DATE The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING AN IMMEDIATE NEED FOR THE ACQUISITION AND/OR ESTABLISHMENT OF ACTIVE RECREATIONAL PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE DISCUSSION WITH CERTAIN PROPERTY OWNERS WITHIN THE VILLAGE OF KEY BISCAYNE TO DETERMINE WHETHER SAID PROPERTIES ARE AVAILABLE FOR PURCHASE IN ORDER TO 4 of May 12 1998 MEET THE NEEDS OF THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE Councilmember Sime made a motion to approve the resolution The motion was seconded by Councilmember Broucek Michael Kelly, 310 Palmwood Lane, Luis de la Cruz, 640 Allendale Road, Jim Aldnge, 596 Fernwood Road, Tony Rabasa, 300 Cypress Drive and Michael Holmquist, 452 Ridgewood addressed the Council Mayor Festa made a motion to table this resolution The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting No The resolution was approved by a 4-3 voice vote The vote was as follows Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING AN IMMEDIATE NEED FOR THE ACQUISITION AND/OR ESTABLISHMENT OF ACTIVE RECREATIONAL PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE DISCUSSION WITH THE STATE OF FLORIDA WITH REGARD TO THE USAGE OF A PORTION OF BILL BAGGS STATE PARK TO MEET THE NEEDS OF THE COMMUNITY Councilmember Sime made a motion to approve the resolution The motion was seconded by Councilmember Broucek The following residents addressed the Council Susan Krupnick, Key Biscayne, Pat Weinman, 940 Mariner Drive, Steve Simon, 335 Harbor Lane and Nancy Doke Harrison, 200 West Mashta Drive Councilmember Padovan made a motion to add under Section 1 the following language "in a manner compatible with the environmentally sensitive surroundings" The motion was seconded by Mayor Festa 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 5 of May 12 1998 Councilmember O'Reilly made a motion to strike "acquisition and/or" from the title of the resolution The motion was seconded by Mayor Festa and approved by a 4-3 voice vote The vote was as follows Councilmembers O'Reilly, Padovan, Sime and Mayor Festa voting Yes Councilmembers Broucek, Han and Vice Mayor Fried voting No 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, EXPRESSING SYMPATHY IN THE DEATH OF CHARLES G "BEBE" REBOZO, PROVIDING FOR AN EFFECTIVE DATE The resolution was approved by unanimous consent of Council Village Manager The Manager presented to Council a request from the American Legion to hold Memonal Day ceremonies on the Village Green on May 25, 1998 at 10 00 A M The request was approved by a unanimous vote under the consent agenda The Manager presented to Council a request from First Serve at The Lipton to hold a Fund Raising event in March 1999 It was the consensus of Council to approve the event and the Attorney was directed to respond in a form of a letter to First Serve approving the event A request from Mr Sixto Campano for traffic calming device on East Heather Dnve was presented to the Council The Manager was directed to conduct a traffic survey and to get a cost estimate to present before Council at a future meeting The Manager gave a brief presentation regarding the condition of Calusa Park The Manager was directed to send a letter to the County Manager requesting permission to make improvements to the building The Manager informed the Council that Director Little had met with County officials regarding the sidewalks around the Key Biscayne Elementary School The Attorney addressed the Council regarding the law on this issue It was the consensus of Council that Councilmember Padovan contact the neighbors around the school regarding the lights for the basketball court and report back to Council at the next meeting The Manager submitted to the Council a report on the beach nourishment project It was the 6 of 9 May 12, 1998 consensus of Council that the Manager prepare a resolution, for the next Council Meeting, thanking Mr Peeples for his efforts regarding beach nourishment The Manager presented to Council the results of the bids for the Village Green improvements CDC Builders, Inc was the low bidder with a total of $267,440 Councilmember Sime made a motion to award the contract to CDC Builders, except for the bus shelters The motion was seconded by Vice Mayor Fried and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes Mayor Festa voting No Vice Mayor Fried made a motion to reconsider the award of the contract to CDC Builders 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 Vice Mayor Fned made a motion to award the contract to CDC Builders for the restrooms and the pavilion only Councilmember O'Reilly seconded the motion and it was approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes Mayor Festa voting No The Manager presented to Council a proposed service change enhancement for bulky waste pick-up to weekly No action was taken at this time The Manager presented to Council a proposed overall plan for the Emergency Services facilities per Resolution 98-21 Vice Mayor Fried made a motion to approve the plan as presented 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 At this time the Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING THE VILLAGE COUNCIL'S OPPOSITION TO A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PROPOSED PURSUANT TO PETITION OF ELECTORS, WHICH PROVIDES FOR AN AMENDMENT OF THE VILLAGE CHARTER TO REVISE THE NUMBER OF TERMS AND MAXIMUM CONSECUTIVE YEARS OF SERVICE FOR THE OFFICE OF MAYOR Councilmember Sime made a motion to approve the resolution The motion was seconded by 7of9 May 12 1998 Councilmember Broucek and approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fned voting Yes Councilmember O'Reilly and Mayor Festa voting No Mayor Festa made a motion to extend the meeting 15 minutes The motion was seconded by Councilmember Broucek and approve 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 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers At this time Vice Mayor Fried addressed the Council reading a statement regarding Senate Bill 2474 Attorney Helfman addressed the Council regarding the process for the Seaquanum issue Councilmember Broucek gave a brief report regarding a Commission Meeting she attended regarding Virginia Key Councilmember Sime brought up at this time the fire vehicle bid award in the amount of $225,570 Councilmember Sime made a motion to approve the purchase of the fire vehicles The motion was seconded by Councilmember O'Reilly and approved by a 4-3 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Sime and Vice Mayor Fned voting Yes Councilmembers Han, Padovan and Mayor Festa voting No The following information items were submitted to the Council the monthly departmental reports (April), the Apnl monthly report for the Key Biscayne Chamber of Commerce, a memorandum from Russ Marchner, Executive Director, Miami -Dade League of Cities regarding the Home Rule Charter, dated April 20, 1998, letter to Village Manager from Lynn Whisenhut, General Manager, Adelphia Cable regarding The Adelphia Connection quarterly newsletter, dated April 24, 1998, letter to Village Manager from Lynn Whisenhut, General Manager, Adelphia Cable regarding new services, dated April 24, 1998, letter to Maria E Valls from Director of Building, Zoning and Planning regarding Mr Leo Llanos, dated Apnl 22, 1998, Capital Improvement Program Report Village Attorney The Attorney's report was deferred to the next Council meeting Village Clerk The Clerk informed the Council that the following proclamations had been issued by the Office of the Mayor during the month of May EMS Week and Municipal Clerks Week 8 of 9 May 12 1998 The following items were provided for information letter to Village Clerk from Toni Jennings, President, The Florida Senate regarding SB 1726, dated April 22, 1998, memorandum to Village Council from Councilmember Michele Padovan regarding Bonanza '98, dated April 29, 1998, memorandum to Village Council from Councilmember Michele Padovan regarding Boundaries - Miami -Dade County School Board, dated April 30, 1998, memorandum to Village Council regarding the FACC Annual Conference to be held in Boca Raton, Florida from May 31 to June 3, 1998, dated May 5, 1998 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 14 ADJOURNMENT The meeting was adjourned at 11 20 p m Resp,e�tfully submitted b 4 ,d,/e6 Conchzta H Alvarez, Village Clerk Approved this 26th day of May , 1998 & . a /7 __, 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 9 of 9