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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 1 of 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 2 of 6 May 27 1997 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 3 of 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 4of6 May 271997 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 5 of 6 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 6of6