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Home My Public Portal About02-11-97 Village Council Workshop.tifMINUTES VILLAGE COUNCIL WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 11, 1997 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, Hugh O'Reilly, Christina Reed, Vice Mayor Michele Padovan, and Mayor John Festa Councilmember Betty Sime was absent Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 INVOCATION The attorney gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the Council Meeting of January 16, 1997 (continuation of Regular Council Meeting of January 14, 1997) and the minutes of the Special Council Meeting of January 28 1997 were approved as submitted 5 AGENDA Councilmember Han requested the addition of Causeway lights as Item 10A3 The clerk requested the deletion of bolded note in item 8A4 and read a memorandum from Councilmember Sime requesting the deferral of item 8A3 to the next Council meeting 6 SPECIAL PRESENTATIONS G Jerry Chiocca, CPA, P A, Certified Public Accountants/Consultants, Rachhn Cohen & Holtz presenting the Village's Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 1996 By consensus staff was directed to go through with the process to hire a new firm since the contract with this firm has concluded Sam Davitian, 720 Mvrtlewood Lane addressed the Council Lynn Whisenhut, General Manager, Adelphia Cable Partners, L P South Dade gave an update on Adelphia Cable in Key BiscaN ne Sam Davitian, 720 MN rtlewood Lane addressed the Council, Scott Bass, 201 Galen Drive 7 PUBLIC COMMENTS Raul Llorente 345 Cypress Drive addressed the Council 1 of February 11 1997 8 ORDINANCES The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER, ADDING POST -GRADUATE PROFESSIONAL EDUCATIONAL FACILITIES AS AN UNUSUAL USE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The attorney addressed the Council on this ordinance The mayor opened the public heanng There were no speakers The mayor closed the public hearing Mayor Festa made a motion to adopt the ordinance The motion was seconded by Councilmember Fned and adopted by a 5-0 roll call vote The vote was as follows Councilmembers Fned, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han abstained from voting due to conflict of interest The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A PROCEDURE FOR RESOLVING DISPUTES ARISING FROM THE ACTIVITIES ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF FACILITIES FINANCED BY THE STATE OF FLORIDA REVOLVING LOAN FUND AUTHORIZED BY SECTION 403 1835, FLORIDA STATUTES, PROVIDING FOR NOTICE OF PROTEST AND DOCUMENTATION, PROVIDING FOR A HEARING, PROVIDING FOR AN APPEAL, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The mayor opened the public hearing Sam Davitian, 720 Myrtlewood Lane addressed the Council The mayor closed the public hearing Mayor Festa made a motion to adopt the ordinance The motion was seconded by Councilmember Fned and adopted by a 6-0 roll call The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, 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, AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE 2 of February 11 1997 The mayor opened the public hearing There were no speakers The mayor closed the public hearing Mayor Festa made a motion to adopt the ordinance The motion was seconded by Councilmember Fried and adopted by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed Vice Mayor Padovan and Mayor Festa voting Yes 9 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, ATTACHED AND MARKED AS ATTACHMENT B, WITH PBS & J CONSTRUCTION SERVICE, INC MIAMI, FLORIDA FOR CONSTRUCTION CONTRACT ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH BASINS 1-8 STORMWATER IMPROVEMENTS PROJECT PREVIOUSLY AUTHORIZED BY RESOLUTION 95-32, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, 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, AUTHORIZING SPECIFIED PERSONS TO RENT AND ACCESS A SAFE DEPOSIT BOX, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Councilmember Reed and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, 0 Reilly, Reed, 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, SUPPORTING MUNICIPAL JURISDICTION AND AUTHORITY OVER LOCAL ROADS WITHIN MUNICIPAL BOUNDARIES, PROVIDING FOR AN EFFECTIVE DATE Councilmember Reed made a motion to approve the resolution The motion was seconded by Councilmember Freed and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes 3 of February 11 1997 The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOMMENDING THE VILLAGE COUNCIL TO WAIVE COMPETITIVE BIDDING PROCEDURES FOR WILDLIFE TRAPPINGS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT FOR PESKY CRITTERS WILDLIFE TRAPPINGS, ATTACHED AND MARKED AS EXHIBIT I, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to defer this resolution to the next Council meeting The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes The clerk read the following resolution by title APPROVAL FOR A CARNIVAL AT SAINT AGNES CATHOLIC CHURCH TO BE OPERATED ON THE SCHOOL AND CHURCH PREMISES AT 122 HARBOR DRIVE FROM MARCH 7, 1997 THRU MARCH 9, 1997 Councilmember Fried made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, 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, SUPPORTING THE DADE LEAGUE OF CITIES INC 1997 LEGISLATIVE PRIORITIES, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to approve the resolution The motion was seconded by Councilmember Fried Councilmember Reed made a motion to amend Section 7 of the resolution to read after thereby "providing communities with the option of exempting themselves ' The motion was seconded by Mayor Festa and approved by a 6-0 N oice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly made a motion to strike Section 8 The motion was seconded by Councilmember Reed and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Vice MaN, or Padovan and Mayor Festa voting Yes 4 of 9 February 11, 1997 Mayor Festa made a motion to defer this resolution to the Goals and Objectives meeting to be held on February 18, 1997 The motion was seconded by Councilmember O'Reilly and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, 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, URGING AMERICAN AIRLINES AND THE AIRLINES PILOTS TO NEGOTIATE AND RESOLVE THEIR MUTUAL LABOR ISSUES TO THE MUTUAL BENEFIT OF THE ENTIRE DADE COUNTY Mayor Festa made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes 10 REPORTS AND RECOMMENDATIONS Mayor and Councilmembers A 1997 Village Council Meeting Schedule was presented, there were no changes made Councilman O'Reilly made a motion to have the attorney draft an ordinance in reference to yard sales on Key Biscayne be regulated through permits issued by the manager The manager shall not issue a permit unless there is an active, valid real estate contract for the sale of the property upon which the yard sale is to be held The motion was seconded by Vice Mayor Padovan and failed by a 1-5 voice vote The vote was as follows Councilmember O'Reilly voting Yes Councilmembers Fned, Han, Reed, Vice Mayor Padovan and Mayor Festa voting No Scott Bass, 201 Galen Drive, Carol Mullen -O'Leary, 444 Fernwood Drive addressed the council Councilmember Han addressed the council on the traffic lights on the Causeway and made a motion to authorize the manager to contact the Metropolitan Dade County Public Works Department on the way these lights are currently operating There was no second to the motion Village Attorney Discussion of proposed ordinance governing the operation of antennae and antennae towers within the Village The attorney stated that there is no need for further regulation on this matter The attorney presented to the Council an ordinance on Lobbying contracts on Quasi -Judicial Matters for their review and it will be brought up, on first reading, at next council meeting 5 of 9 February 11 1997 The attorney read the proposed amendments to the Noise ordinance AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 "NOISE" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE This ordinance was presented to council and will be brought up, on first reading, at the next council meeting The manager was directed to send a courtesy copy of this ordinance to Tony Camejo PROPOSED ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 19 "PARK RULES AND REGULATIONS" OF THE VILLAGE CODE BY CREATING SECTION 19-16 "MOTOR VEHICLE PARKING LOT DECAL PROGRAM" TO PROVIDE PREFERENCE TO RESIDENTS OF THE VILLAGE FOR PARKING IN CERTAIN AREAS TO FACILITATE OCEANFRONT PARK ACCESS, PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN THE CODE, IMPLEMENTATION AND AN EFFECTIVE DATE This ordinance was presented to council and will be brought up, on first reading, at the next council meeting The attorney addressed the council on general fund financing of the Stormwater Utility The attorney looked into this matter and found there is nothing wrong for the Village choosing to pay for this through Ad -Valorem taxes The other alternative is to create a special taxing district through an election The advantage of this option is that it would be included in the tax bill Mayor Festa suggested that the manager make an analysis on this issue and bring it back to council Councilmember Reed asked that the manager contact resident Sam Davitian on this issue The attorney presented to council the situation where they received a request from the Key Biscayne Athletic Club for additional playing fields The manager was directed to inform the Athletic Club that this issue will be brought back at the Goals and Objectives Meeting Village Clerk The clerk read a proclamation issued by the major recognizing "Love Your Neighbor Week" and a proclamation expressing condolences to the Family of Betty Evans The clerk also made an announcement that the last Charter Revision Commission Meeting will be broadcasted on Wednesday, Thursday and Fridav at 10 00 a m and 7 00 p m Village Manager The manager presented to council the refinancing of the Stormwater Utility Construction Program Utility Revenue Bond Anticipation Notes Series 1995 Resolution No 95-11, Ordinance 95-3 Renewal of $7 2 million bank loan By council consensus it was agreed to extend this for two years The manager was directed to bring this back at the next council meeting in the form of a resolution 6of9 February 11 1997 Sam Davitian, 720 Myrtlewood Lane addressed the council The manager presented to council a request for additional lights m the Village Green The manager requested authonzation to look into this as to the cost of recreational lights and street lights and will bring back a report at the next council meeting Carol Mullen -O'Leary, 444 Fernwood Road addressed the council The next heanng of the Special Master for L'Esplannade Shopping Center is set for Fnday, January 24, 1997 at 1000 am The manager reported that there has been improvement on the issue of abandoned shopping carts on Village streets The manager was directed to give an update at the next meeting as to where any warnings have been issued to residents removing carts from shopping centers The manager reported that violation notices of the sign ordinance have gone to Amoco, Eckerd's, KFC and CityBank Mr Fntz Scharenberg, developer of the property at 200 Crandon Boulevard has requested a heanng date to show the council what his plans are By consensus the date will be Tuesday, February 25, 1997, which is a Zoning Hearing meeting A right-of-way request at 245 Ridgewood Road was presented to council Mayor Festa recommended to defer this item until the Building Planning and Zoning Department sets policies of do's and don'ts in the swales The manager read a petition signed by residents, opposing the narrowing of vehicular traffic lane on Ocean Lane Drive The manager was directed to have a workshop on this issue and bring back recommendations to Council Raul Lastra, Village Planner addressed the Council on East Enid Parks/Walkway He reported that the costs for the following are as follows extending the bnck path $42,500, construction of grading and site work $6,500, gazebo $15,000 to $20,000 excluding landscaping The manager was directed to look at the letter from the developer to see if $250 000 donation could be used for improvements Raul Lastra, Village Planner presented to council a completed report on the review of the construction documents for park pavilions and restroom facilities for the Village Green Carol Mullen -O'Leary 444 Fernwood Road addressed the council 7of9 February 11 1997 The manager presented to council, for their information, a list of some of the building construction unpleasantness A date of Apnl 1, 1997 was set for the Local Planning Agency Public Heanng on Fernwood Road rezoning The mayor inquired about the sale of polo shirts with the Village's logo The manager will bring an update on this issue at the next council meeting Councilmember Han made a request that there be a format change on the Police Department's monthly report so that council is able to look at previous years statistics The manager submitted the following informational items monthly departmental reports (December), Memorandum to Mayor and Members of the Village Council on Debt Cap Mailing, dated January 28, 1997, Debt Cap Ordinance executed copy 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, proposed 1997 Goals and Objectives, Letter from Armando Vidal, Metropolitan Dade County Manager, regarding the Infill Strategy Task Force, dated January 23, 1997, letter from Lynn Whisenhunt, General Manager, Adelphia Cable, dated January 28, 1997, letter to Jerry Klein, Senior Executive Director, Dade County Public Schools dated January 30, 1997, letter from Representative Luis Morse, Co - President Dade Days '97, Dade County, Inc dated February 1997, January 1997 Monthly Report Pesky Critters, January 1997 Monthly Report Key Biscayne Chamber of Commerce, Charter Revision Commission Meeung Schedule 11 OTHER BUSINESS/GENERAL DISCUSSION 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings was presented to the Council and public 13 ADJOURNMENT The meeting was adjourned at 9 45 p m 8of9 February 11 1997 Res (fully submitted A7,/ z?' Conchita H Alvarez Village Clerk Approved by the Village Council this 25th day of February, 1997 -) //"....---1/ ( - John F Festa Mayor 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 FORM 8B MEMp NDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPIAL, AND OTHER LOCAL PUBLIC OFFICERS NAMEOI BOARD CouNCIL. COMMISSION AUTHORrY OR COMMrrrrr IAvi NAMI Hits! MAMF worm a NAMi: Gregory Han MAR IN( AI)i)RFS 685 Curtlswood Dr 1)A r o1 will H t7FI16-33449-Cr trRRrl) (rwN 11r Key.Buscayne�LtllaOP--Counctl 1 I lu)ARI) UNCII COMMISSION Atrl HORITY OR COMMITTEE ON WHICH 1 SERVE K A t1Nil of 1a1C cm 0 COON IY 0 OTHER I OCAI ACENCY NAM1: or PO! 1l ICM stianiVislqw MY I OSrI ION IS 0 ELL -rwr 0 AProiIYT1% P WHO MUST FILE FORM 85 or rnment On an appointed or elected hoard This form L is for use by th person servingotteC the county, equally totmemberher s of adl level visory and non -advisory bodws Who are presented council i.ommLssion. authority a �� with a voting conflict of interest under Scx41on 112 3143 Florida Statutes rest ll ng Your responsibilities under the law whc,nl,alCed with a measure in which you have a conflict Of position For this reason please pay lase attention to theiltis varygreatly ton this form on whether you hold an elective or appointive P betore completing thc reverse side and filing the form 1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN lrotn via ting on a measure which inures to his special private gain Each sleeted or appointed local officer al .° 1s prohibited from knowingly outing on a measure which inures to the special gain of a principal (other than u government agency) by whom ht La retained (including the parent organ17a ton or subsidiary of a corporate pnnf..ipal by which he is retained) to the special pnvatc gain of a relative or to the special pavane gain of a business associate Commissioners oof nn -tare one vole basis aommunity it rc not prohibited from votingncies under Sec 163 bn craor ft capacity 3 357 s and officers of independent special tax districts elected For purposes of this law a "relative" includes only the dicers father mother son daughter husband wif fcarryingrr rlaw on ra t business -in- law son -in law and daughter-in-law A business associate means any person or entity enlrag d oor enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shad of the c aq ration are not tested on any national or regional stock exchange) FLFCTED OFFICERS. In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VO 1 t BEING TAKEN by publicly stating to the assembly the nature of your interest n the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE tOaCURS by the completing in thc tiling tcs this form with the person responsible for recording the minute; of the meeting who APPOINTED of k icem. . Although disclose mustabstaine front he confl ct bkforc thci munitions makl g any attempt to influence the decisabove you otherwise may ion whether orally or in wnt ng and te in these matters However you must disclose the nature of the o whether made by you or at your direction 1 IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEE1ING AT WHICH THE VO 1 E W1 L BE I AKEN • You moist complete and file this form (belore makin any attempt to influence the decision) with the person responsible for recording the minutes of the meeting who w411 incorporate tiit''form in the minutes • A copy of the form must be provided immadliatcly to thc other members of the agency • The form must be read publicly at the next rileeting after thc form is filed CE FOR M 0/3 10-91 1 PAfF 1