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