HomeMy Public PortalAbout05-27-97 Special Council Meeting.tifMINUTES
SPECIAL VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, MAY 27, 1997
85 WEST MCINTYRE STREET, SECOND FLOOR
1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by
the Vice Mayor at 7 05 p m Present were Councilmembers Mortimer Fried, Gregory Han, Hugh
O'Reilly, Vice Mayor Michele Padovan and Mayor John Festa (arrived at 7 37 p m)
Councilmembers Christina Reed and Betty Sime were absent Also present were Village Manager
C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss
2 PLEDGE OF ALLEGIANCE Vice Mayor Padovan led the Pledge of Allegiance
3 APPROVAL OF MINUTES The minutes of the Council Meeting of May 13, 1997, were
approved by unanimous consent
4 AGENDA The following changes were made to the agenda Councilmember Fried
requested the addition of a report on the Rickenbacker Causeway Toll by Mayor Festa as item 9A7,
Councilmember Han requested the addition of a brief report on the Beach Park as Item 9A8 There
were no objections to the agenda changes
5 SPECIAL PRESENTATIONS There were no special presentations
6 ORDINANCES There were no ordinances considered by Council
7 RESOLUTIONS There were no resolutions considered by Council
8 PUBLIC HEARINGS There were no public hearings considered by Council
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9 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Councilmember Fried requested a review of the fee structure
agreement that was entered upon 6 years ago between the Village and the Village Attorney
Councilmember Fried made a motion to increase the Attorney's hourly fee from $135 to $150 per
hour The motion was seconded by Councilmember O'Reilly and approved by a 4-0 voice vote
The vote was as follows Councilmembers Fried, Han, O'Reilly and Vice Mayor Padovan voting
Yes
Councilmember Sime submitted for Council approval, through the Attorney a proposed letter to the
voters regarding the upcoming Charter amendment election Councilmember Fried suggested that
the Charter Revision Commission members be deleted from the letter and to add the Village
Attorney's name There were no objections to this change Councilmember O'Reilly made a motion
to approve the letter The motion was seconded by Councilmember Fried and approved by a 4-0
voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly and Vice Mayor
Padovan voting Yes
Martha Broucek, 170 Ocean Lane Drive, addressed the Council
Councilmember Han gave a brief report on the progress of the Beach Park and requested Council
consensus to have the Attorney waste an executive summary of the lease of the land There were no
objections to this request
Village Attorney The Attorney reported on a legal opinion requested by Council regarding the
Rickenbacker Causeway Toll Revenues and specifically asked whether Metropolitan Dade County
may borrow Rickenbacker Toll Revenues for use in funding improvements to the Venetian
Causeway Based upon the exclusive list of uses for the General Reserve Fund and the specific
prohibition contained in Ordinance 86-51, it is the Attorney's opinion that the use of Rickenbacker
Toll Revenues for financing improvements to the Venetian Causeway through the Loan is
prohibited
Village Clerk The Clerk announced that the office of the Mayor had issued two proclamations
during the month of May, recognizing June 1, 1997 as Stand for Healthy Children Day in Key
Biscayne and June 14, 1997 as Flag Day of Key Biscayne
The Clerk announced to the Councilmembers the upcoming Florida League of Cities 75th
Anniversary Celebration, Annual Conference to be held at Buena Vista Palace Resort, Walt Disney
World Village, August 21-23, 1997
The Clerk submitted the following informational items letter to Village Clerk from U S Senator
Connie Mack, regarding the National Hurricane Center, dated MAY 2, 1997, letter to Village Clerk
from Armando Vidal, Metropolitan Dade County Manager, regarding high noise levels from aircraft
over Key Biscayne, dated May 12, 1997, letter to Village Clerk from Elbert W Friday, Jr , Assistant
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Administrator for Weather Services, Regarding the National Weather Service, dated May 14, 1997
Mayor Festa arrived at 7 37 p m and gave an update on his meeting with Chip Iglesias,
Commissioner Morales' aid, and the Public Works Department regarding the Rickenbacker
Causeway Toll
Councilmember O'Reilly made a motion to support the Mayor's views on the Rickenbacker
Causeway The motion was seconded by Councilmember Fried and approved by a 5-0 voice vote
The vote was as follows Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor
Festa voting Yes
Jacqueline de Leon, 650 Ocean Drive, Heidi Archibald, 881 Ocean Drive addressed the
Council
Mayor Festa requested a progress report from the Manager regarding the West Mashta Traffic
Calming Project The Manager addressed the Council and expressed that the project is going very
well The project started Apnl 2, 1997 and the first circle was to be completed and opened to traffic
today The second circle will be completed by May 29, 1997
Mayor Festa requested the deferral of Item 9A3, Community Center Foundation There were no
objections to the request
Mayor Festa requested the deferral of Item 9A4, Council Rules and Procedures There were no
objections to the request
Mayor Festa gave an update on the playing fields issue at Virginia Key The Mayor reported that
he met with Chip Iglesias and Jose Toledo from Crandon Park Tennis Center Mayor Festa
requested approval from Council for the Manager to allow our planning staff and Michael Bain to
put together a rough sketch of what type of facilities and playing fields we need at Virginia Key to
be presented to the County
Councilmember Fried made a motion to authorize the manager to work with the County on the
Virginia Key project The motion was seconded by Vice Mayor Padovan and approved by a 5-0
voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan
and Mayor Festa voting Yes
Scott Bass, 201 Galen Drive addressed the Council
Village Manager The Manager presented Bonnie Cooper to address the Council giving a synopsis
on the Community Center Planning Design Program
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May 27 1997
Bonnie Cooper, 77 Crandon Boulevard addressed the Council regarding a Charrette to take
place from September 5 to 7, 1997 and stated that the cost would not exceed $15,000
Village Planner, Raul Lastra addressed the Council on the Civic Design Charrette
Camille Guething, 260 Seaview Drive, Conchita Suarez, 201 Crandon Boulevard, Haydee
Archibald, 881 Ocean Drive, Martha Broucek, 170 Ocean Lane Drive, Bill Ofgant, 512
Femwood Dnve, Julie Alvarez, 234 Seaview Dnve, Steve Simon, 335 Harbor Lane, Nancy
Gamwell, 571 Glenndge Road, Pat Weinman, 940 Marine Drive, Elaine Gross, 211 Island
Drive, Mary Craibill, 210 Knollwood Drive, Carol Mullen O'Leary, 444 Femwood Drive
addressed the Council on the Community Center issue
Councilmember Han made a motion to approve the Charrette, but not to exceed the $15,000 The
motion was seconded by Councilmember Fried and approved by a 4-1 voice vote The vote was as
follows Councilmembers Han, Fried, Vice Mayor Padovan and Mayor Festa voting Yes
Councilmember O'Reilly voting No
The Manager requested the approval to purchase and finance an Electronic Filing System for
$14,500 The funds would come from the Florida Department of Investment Trust Fund $ 6,000,
from the Local Law Enforcement Block Grant $ 5,658, from the 1997 Operating Police Budget -
Equipment $ 2,842 Mayor Festa made a motion to approve the purchase The motion was seconded
by Councilmember Fried and approved by a 5-0 voice vote The vote was as follows
Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes
The Manager reported on the proposals for auditing services The Manager requested authority to
negotiate a contract with the firm that returned the proposal Councilmember Fried made a motion
to approve the request The motion was seconded by Mayor Festa and approved by a 4-1 roll call
vote The vote was as follows Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa
voting Yes Councilmember O'Reilly voting No
The Manager reported on a letter received by the Dade County Mosquito Control Program indicating
that the request made to that Department by the Village could not be accommodated The Manager
was directed to get in touch with the Dade County Mosquito Control Program and find out what kind
of cost we are talking about for the loudspeakers and report back to Council
Pat Weinman, 940 Mariner Drive addressed the Council on this issue
The Manager presented to the Members of the Council an analyses of sites available for sale The
Manager was directed to look into how much Ad Valorem taxes are paid by each one of the
properties, to further look into the Southern Bell property and to find out the selling price for all
listed properties Regarding the Rebozo property, the Manager is to find out how long it will take
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for the Department of Environmental Research Management to submit their contamination report
The Manager presented to the Mayor and Members of the Village Council the Village's 1997 Sixth
Month Report
The Manager announced that the Metro Dade Environmental Control Board Hearing is scheduled
for Thursday, June 12, 1997 at 1 30 P M regarding the application for extension of time from the
requirements of 24-13(7) of the Metropolitan Dade County Code for Sanitary Sewer
The Manager announced that there will be a Local Planning Agency Meeting on June 24, 1997 and
a Public Hearing on the proposed Fernwood Road zone change There were no objections to this
schedule
The Manager requested deferral of Item 9D9, Growth Management Act Exemption, to the next
Council Meeting, since it was not included in the agenda package There were no objections to this
request
The following informational items were submitted to the Council letter to Village Manager from
the Village Attorney, regarding the Federal Preemption of regulation of certain satellite dishes dated
May 8, 1997, letter to Mr Lawrence S Feldman, Region Director Dade County Public Schools from
the Village Attorney regarding the Village of Key Biscayne Grant Agreement, dated May 9, 1997,
letter to Village Manager from Debbie Gomberg, President, Huntington's Disease Society/South
Florida Chapter regarding the Huntington's Disease Triathlon on August 3, 1997 on the
Rickenbacker Causeway, letter to Representative Bruno Barreiro from Village Manager, dated May
13, 1997
The Village Attorney informed the Council that an Executive Session needs to be held on the
Crandon Park Master Plan Lawsuit, as soon as possible The Clerk was directed to get in touch with
Attorney Joe Serota to schedule the Executive Session
10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council and public
12 ADJOURNMENT The meeting was adjourned at 9 40 p m
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May 271997
Respee tf lly submitted
o Nita H Alvarez, Village Clerk V
Approved this 10th day of June ,1997
.}C -17K-7
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 TESTIMONYAND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED
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