HomeMy Public PortalAbout01-14-97 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, JANUARY 14, 1997
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 Mortimer Fned, Gregory Han, Christina
Reed, Betty Sime, Vice Mayor Michele Padovan, and Mayor John Festa Councilmember Hugh
O'Reilly was absent Also present were Village Manager Samuel Kissinger, Village Clerk Conchita
Alvarez and Village Attorney Richard Weiss
2 INVOCATION Reverend Pat Arnold from the Key Biscayne Presbyterian Church gave
the invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance
4 APPROVAL OF MINUTES Councilman Han offered technical corrections to the minutes
of November 19, 1996 (continuation of regular meeting of November 14, 1996) The amended
minutes of November 19, 1996, the minutes of December 2, 1996 (continuation of regular meeting
of November 26, 1996) and the minutes of the regular Council Meeting of December 10, 1996 were
adopted by unanimous consent
5 AGENDA Vice Mayor Padovan mentioned that Items 10-A-6 and 10-A-12 were submitted
for information only Councilman Sime requested the following changes to the agenda addition
of discussion on Swales on Harbor Dnve as Item 10-A-13 and discussion on Pole Signs as Item 10-
a-14 The mayor requested the following changes to the agenda Item 10-D-1, Valentine's on the
Green be heard as Item 6-B, the addition of the Debt Cap Mailing as Item 6-C, Item 9 -A -B,
Resolution on Failure of Councilmembers to participate in Village Business be heard as Item 6-D,
Councilman Sime objecting to the request
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6 SPECIAL PRESENTATIONS The mayor mtroduced Jeffrey R Bunting, Environmental
Planner, Aviation Department, Metropolitan Dade County Mr Bunting addressed the council and
reported that they are currently working with the FAA recommending night procedures for planes
to keep away from the Island Samantha Sager, 335 Harbor Dnve addressed the council on this
issue
The Key Biscayne Technology Trust requested permission to hold an event on the Village Green
on Valentine's Day Cindy Cutler, addressed the council explaining what will take place that
evening Councilman Sime made a motion to approve this event The motion was seconded by
Councilman Reed and approved by a 6-0 voice vote The vote was as follows Councilmembers
Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING
SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL,
REPEALING RESOLUTIONS 95-10 AND 92-27 AND PROVIDING FOR AN
EFFECTIVE DATE
Mayor Festa made a motion to approve the resolution The motion was seconded by Vice Mayor
Padovan
Councilman Han made a motion to amend the resolution by adding the following to section 13) "A
motion for a special one time extension of a speakers time to an additional three minutes may be
made by any councilman Approval is granted after a second by a voice vote without discussion
Speakers will be furnished with guidelines attached as exhibit A" There was no second to the
amendment Councilman Han made another amendment to the resolution to add "section 14)
Statement concerning councilmen attendance at workmg meetings and other functions" The motion
was seconded by Councilman Sime and approved by a 5-1 voice vote The vote was as follows
Councilmembers Reed, Sime, Fried, Han and Mayor Festa votmg Yes Vice Mayor Padovan votmg
No
Councilman Fned made a motion to amend item 13 under section 1 to say that "the public needs to
sign up with the Village Clerk before the meeting starts" The motion was seconded by Councilman
Reed and failed by a 2-4 voice vote The vote was as follows Councilmembers Reed and Fried
voting Yes Vice Mayor Padovan, Mayor Festa, Councilmembers Sime and Han voting No
Councilman Sime made a motion to amend item 14 under section 1 to read as follows "The Council
will be considerate of and show respect for each member of the council "
The motion was seconded by Vice Mayor Padovan and
approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, Reed, Sime,
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January 14, 1997
Vice Mayor Padovan and Mayor Festa voting Yes
The resolution as amended was adopted by a 6-0 voice vote The vote was as follows
Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
Sam Davitian, 720 Myrtlewood, Martha Broucek, 170 Ocean Lane Dnve, addressed the council on
this issue
Vice Mayor Padovan recognized at this point Javier Marquez from Commissioner Jimmy Morales'
office for attending the meeting Vice Mayor Padovan took this opportunity to discuss Item 10-9
and made a motion to amend the section on beach renounshment in the 1997 Washington Legislative
package to read as follows "Beach Renourishment Support efforts to meet beach renounshment
and maintenance needs of Dade County by securing authority from the Army Corps of Engineers
to resolve erosion problem in Key Biscayne and the Central portion of Miami Beach, and fully
funding Army Corps of Engineers' beach renounshment commitments " The motion was seconded
by Councilman Sime and approved by council consensus
PUBLIC COMMENTS The following members of the public addressed the council in reference
to the Debt Cap Ordinance Sam Davitian, 720 Myrtlewood, Michael Kahn, 881 Ocean Drive,
Martha Broucek, 170 Ocean Lane Dnve, Paul Mattassi, 255 Galen Drive addressed the council
thanking the Police Department for finding his bicycle
At this point the Debt Cap mailing to the registered voters of the Village was discussed The mayor
read draft #3 to the council and public and it was agreed to mail one per household to the registered
voters of the Village Draft letter #3 was approved by council consensus and the manager was
directed to have the mailing out by Thursday, January 14, 1997
The following resident addressed the council Sam Davitian, 720 Myrtlewood
The clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 25 OF THE VILLAGE CODE "TAXATION", PROVIDING
DEFINITIONS, PROVIDING LIMITS ON LONG TERM DEBT OF THE VILLAGE,
PROVIDING LIMITS ON RESERVE FUNDS, REQUIRING SURPLUS FUNDS TO
BE USED EITHER TO REDUCE DEBT OR TAXES, PROVIDING THAT LONG
TERM DEBT LIMITS MAY BE EXCEEDED WITH VOTER APPROVAL,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
Councilman Fried made a motion to adopt the ordinance Mayor Festa seconded the motion
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January 14, 1997
The attorney addressed the council explaining the language changes made to the ordinance Mayor
Festa made a motion adopting the amendments to the ordinance The motion was seconded by
Councilman Fned
The mayor opened the public hearing The following residents addressed the council Gary Gross,
211 Island Dnve, Councilmember Sime made a motion to extend the speaker's time The motion
was seconded by Mayor Festa and approved by a unarumous voice vote Michael Kahn, 881 Ocean
Drive, Gerald Broucek, 170 Ocean Lane Drive
The mayor closed the public hearing
Mayor Festa made a motion to amend the ordinance under Section 25-2 Limits on Debt to add the
words "The total pnncipal of Debt of the Village shall be limited to the greater of the following (a)
1% of the total assessed value of all property within the Village, as certified to the Village by the
Dade County Property Appraiser, for the current fiscal year, or (b) That amount which would require
annual principal and interest payments on Debt during any fiscal year to exceed 15% of general fund
expenditures for the previous full fiscal year" The motion was seconded by Councilman Fried and
approved by a 6-0 roll call The vote was as follows Councilmembers Fried, Han, Reed, Sime, Vice
Mayor Padovan and Mayor Festa voting Yes
Councilman Han made a motion to amend the amendment by striking all of Section 25-5 The
motion was seconded by Councilman Sime The motion failed by a 3-3 roll call vote The vote was
as follows Councilmembers Sime, Fned and Han voting Yes Councilmember Reed, Vice Mayor
Padovan and Mayor Festa voting No
Councilman Fried made a motion to add under Section 25-5 Surplus Funds and Excess Revenues
the words "not placed by Council in a restricted reserve fund" shall be used The motion was
seconded by Councilman Sime and approved by a 6-0 roll call The vote was as follows
Councilmembers Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
Vice Mayor Padovan made a motion to strike the word "those" and add the word "certain" on the
third WHEREAS clause The motion was seconded by Mayor Festa The motion failed by a 3-3
roll call vote The vote was as follows Councilmembers Sime, Han and Vice Mayor Padovan voting
Yes Councilmembers Reed, Fried and Mayor Festa voting No
Mayor Festa made a motion to amend Sec 25-4 Reserve Funds, add the words "or an amount
greater than $2,000,000 but (strike the word and ) not greater " The motion was seconded by
Councilman Reed and approved by a 6-0 roll call vote The vote was as follows Councilmembers
Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
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Mayor Festa made a motion to amend Sec 25-4 Reserve Funds, in reference to the time limit
suggesting October 1, 1999 The motion was seconded by Councilman Han and approved by a 6-0
roll call vote The vote was as follows Councilmembers Fned, Han, Reed, Sime, Vice Mayor
Padovan and Mayor Festa voting Yes
Percy R Aguila, Jr , Financial Advisor to the Village, addressed the council on this issue
A roll call vote was taken to adopt the ordinance as amended The vote failed 2-4 and it was as
follows Vice Mayor Padovan and Councilmember Reed voting Yes Councilmembers Fned, Han,
Sime and Mayor Festa voting No By council consensus it was decided to continue the public
heanng at the next council meeting
The clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON
EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE
The manager addressed the council on this issue explaining that due to the fact that the police
officers are no longer represented by Metro -Dade County's Police Benevolent association, it was
important to retroactively provide them with any salary increases or other benefits that other police
officials and fire personnel received in the past
Vice Mayor Padovan made a motion to adopt the ordinance The motion was seconded by
Councilman Sime and approved by a 6-0 roll call vote The vote was as follows Councilmembers
Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
The clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA
PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS,
PROVIDING FOR DEFINITIONS, HOURS OF OPERATION, EQUIPMENT
REQUIREMENTS, PERMIT REQUIREMENTS AND FEES, AND OPERATOR
QUALIFICATIONS, PROVIDING PROHIBITIONS, PROVIDING PENALTIES,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
Councilman Fned made a motion to adopt the ordinance The motion was seconded by Councilman
Reed
The mayor opened the public heanng The mayor closed the public heanng
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January 14, 1997
Councilman Han made a motion to amend Section 2(a) to read "Designated Streets All streets
within the Village's control, other than Crandon Boulevard which is under the control of Metro -Dade
County " The motion was seconded by Councilman Reed
Conchita Suarez, Crandon Boulevard addressed the council on this issue
Mayor Festa made an amendment to the amended Section 2(a) to include after Crandon Boulevard
"and Harbor Drive" The motion was seconded by Vice Mayor Padovan and adopted by a 6-0 roll
call vote The vote was as follows Councilmembers Fried, Han, Reed, Sune, Vice Mayor Padovan
and Mayor Festa voting Yes
Councilman Han made a motion to amend Section 4(b) to read "The golf cart may be operated
during the hours between sunset and sunrise only if the golf cart is equipped with headlights and a
windshield " The motion was seconded by Councilman Fned and adopted by a 4-2 roll call vote
The vote was as follows Councilmembers Sime, Fned, Han and Reed voting Yes Vice Mayor
Padovan and Mayor Festa voting No
Councilman Han made a motion to amend Section 4(j) by deleting it completely and allowing for
golf carts to be used for commercial purposes The motion was seconded by Councilman Reed and
adopted by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, Reed, Sime,
Vice Mayor Padovan and Mayor Festa voting Yes
The attorney addressed the council on this issue
Councilman Han made a motion to amend Section 5(a) to read "An annual inspection of insurance
is required for each golf cart" The motion was seconded by Councilman Fried
Vice Mayor Padovan made a motion to amend the amended Section 5(a) to include "and proof of
insurance" The motion was seconded by Councilman Han and adopted by a 6-0 roll call vote The
vote was as follows Councilmembers Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor
Festa voting Yes
Mayor Festa made a motion to delete West Mashta from Section 4(e) The motion was seconded
by Councilman Reed and adopted by a 6-0 roll call vote The vote was as follows Councilmembers
Fned, Han, Reed, Snme, Vice Mayor Padovan and Mayor Festa voting Yes
Councilman Han made a motion to adopt the ordinance as amended The motion was seconded by
Councilman Sime and adopted by a 6-0 roll call vote The vote was as follows Councilmembers
Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
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9 RESOLUTIONS The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA
REGARDING THE FAILURE OF COUNCIL MEMBERS TO PARTICIPATE IN
VILLAGE BUSINESS, RESPECT FOR THE OFFICE OF COUNCILMEMBER,
RESPECT FOR THE VOTERS OF THE VILLAGE OF KEY BISCAYNE AND
PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Padovan made a motion to adopt the resolution The motion was seconded by
Councilman Sime and adopted by a 5-1 voice vote The vote was as follows Councilmembers
Fried, Han, Reed, Sime and Mayor Festa voting Yes Vice Mayor Padovan voting No
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
REQUESTING THE FLORIDA LEGISLATURE TO PROVIDE ADEQUATE
FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S
BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL
PROJECTS AND TO IDENTIFY A LONG-TERM FUNDING SOURCE,
PROVIDING FOR TRANSMISSION, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Padovan made a motion to adopt the resolution The motion was seconded by
Councilman Sime and adopted by a 6-0 voice vote The vote was as follows Councilmembers
Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
RECOGNIZING SALLY BRODY FOR HER EFFORTS AND SERVICES TO THE
COMMUNITY, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Padovan made a motion to adopt the resolution The motion was seconded by Mayor
Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han,
Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
At this point item 10D3, Stormwater Utility Construction Program was brought up before the
council There was no objection The manager and Percy Aguila addressed the council on this issue
Councilman Fned made a motion to authonze the manager to negotiate with the bank a renewal loan
for the stormwater utility construction program up to $7 2 million and bring back a proposal to
council The motion was seconded by Councilman Sime and approved by a 6-0 voice vote The
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January 14, 1997
vote was as follows Councilmembers Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor
Festa voting Yes
Sam Davitian, 720 Myrtlewood, Edward Slavens, 301 Palmwood Lane, addressed the council on
this issue
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Vice Mayor Padovan presented a request to donate $1,000 to Crime
Stoppers of Dade County Mayor Festa made a motion to defer to next council meeting The
motion was seconded by Councilman Sime and approved by a 6-0 voice vote The vote was as
follows Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting
Yes
Vice Mayor Padovan presented to council the situation on abandoned shopping carts on the streets
of Key Biscayne The Chief of Police was requested to make a report to council a month from now
on the progress of this situation
Vice Mayor Padovan presented to council the situation on Police/Fire employee suggestions The
manager addressed the council suggesting to add 6th and 7th step to our current salary plan, reduce
longevity steps and institute a new vesting plan for new employees The manager recommended the
following vesting plan after 1 year, 20%, after 2 years, 40%, 3 years, 60%, 4 years, 80 % and 5
years, 100% Councilman Fried made a motion to approve the recommendations The motion was
seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows
Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
Vice Mayor Padovan presented to council the need to have an alternate Village Council
representative for the Dade County League of Cities Vice Mayor Padovan made a motion to
appoint Councilman Han The motion was seconded by Mayor Festa and approved by a 6-0 voice
vote The vote was as follows Councilmembers Fned, Han, Reed, Sime, Vice Mayor Padovan and
Mayor Festa voting Yes
Vice Mayor Padovan presented to council the Dade County League of Cities 1997 Dade County,
State and Washington Legislative pnonties
Vice Mayor Padovan made a motion to authorize the manager to contact the owner of the parcel
adjacent to the Village Green to bnng a report concerning the status of the property The motion was
seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows
Councilmembers Fried, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes
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Vice Mayor Padovan proposed an ordinance that was presented at the Dade League of Cities
AN ORDINANCE OF THE CITY OF PLANTATION, FLORIDA ESTABLISHING
INTERIM REGULATIONS GOVERNING THE ERECTION, LOCATION (INCLUDING
RELOCATION) AND OPERATION OF ANTENNAS AND ANTENNA TOWERS
WITHIN THE CITY, PROVIDING CERTAIN TERMS AND CONDITIONS, PROVIDING
A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE THEREFORE
The attorney addressed the council on this issue John Little, Director of Building, Zoning and
Planning also addressed the council Vice Mayor Padovan made a motion to have the attorney
together with the staff draft an ordinance Mayor Festa seconded the motion Vice Mayor Padovan
withdrew the motion The attorney was directed to look into this ordinance together with Director
Little
Vice Mayor Padovan presented to council, for information purposes, a memorandum from the
Flonda Breast Cancer Coalition Candlelight
Councilman Sime presented to council the situation on the Swales on Harbor Drive Some residents
have complained that their driveways are not draining well
Councilman Sime presented to council the situation on pole signs John Little addressed the council
on this issue Notices will go out in the next couple of weeks in order to start assessing fines
Mayor Festa made a motion to continue this meeting on Thursday, January 16, 1997 at 7 00 p m
The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was
as follows Councilmembers Fned, Han, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting
Yes
11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council and public
12 ADJOURNMENT The meeting adjourned at 11 02 p m
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Respectfully submitted
Conchita H Alvarez
Village Clerk
Approved by the Village Council
this 28th day of January ,1997
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TOANY 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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