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HomeMy Public PortalAbout09-09-97 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 9, 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 Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Vivien Mauri and Village Attorney Richard Weiss 2 INVOCATION Reverend Timothy Leighton, from the Key Biscayne Community Church, gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The Deputy Clerk offered technical corrections to the minutes of August 26, 1997 The minutes as amended were approved by unanimous consent 5 AGENDA The following changes were made to the agenda the Deputy Clerk requested the addition of Item 10D7(a)(7), Quarterly Beach Report, Councilmember O'Reilly requested the addition of Item10A4, praise of public official and the 1997 Flonda Local Government Finance and Tax Seminar, October 2-3, 1997, the Mayor requested the addition of a discussion regarding the Rickenbacker Causeway as item 10A5 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS There were no special presentations 7 PUBLIC COMMENTS There were no speakers present 8 ORDINANCES The Deputy Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE POLICE AND FIREFIGHTERS RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR AN EFFECTIVE DATE I of September 9 1997 Councilmember Han made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Fried The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The ordinance was adopted on second reading by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The Deputy Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ASSESSING AND IMPOSING A 85 PERCENT (85%) EXCISE TAX IN INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE, PROVING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Han The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The ordinance was adopted on second reading by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The Deputy Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ASSESSING AND IMPOSING A 1 85 PERCENT (1 85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND 2 of September 9 1997 FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember O'Reilly The Mayor opened the public hearing There were no speakers were present The Mayor closed the public hearing The ordinance was adopted on second reading by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The Village Attorney suggested that opinions received on this matter should be included in the minutes as part of the record Letters from Mr Wallace W Wilson, F S A , Managing Consultant, dated August 1 l th and August 19th, 1997 are attached for the record Councilmember O'Reilly made a motion to adopt the Attorney's recommendation Mayor Festa seconded the motion and it was approved by a 6-0 voice vote The vote was as follows Councilmembers Han, Fried, Sime, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes 9 RESOLUTIONS The Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING THE VILLAGE OF KEY BISCAYNE BUSINESSES, AS PER EXHIBIT "A", THAT HAVE COMPLIED WITH THE SIGN ORDINANCE Mayor Festa made a motion to approve the resolution The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL, REPEALING RESOLUTION 97-34, ON THE SAME SUBJECT MATTER, AND PROVIDING FOR AN EFFECTIVE DATE 3 of September 9 1997 The Village Attorney addressed the Council regarding this resolution Vice Mayor Padovan made a motion to approve the resolution The motion was seconded by Councilmember O'Reilly Councilmember Fried made an amending motion to include that any person wishing to speak on a topic shall sign up with the Clerk before the meeting starts The motion died for lack of a second The resolution was approved by a 5-1 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Vice Mayor Padovan, and Mayor Festa voting Yes Councilmember Fned voting No 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Vice Mayor Padovan addressed the Council regarding the United States Coastal Cleanup which will take place on September 20th, 1997 and invited Councilmembers and the public to participate actively in this event to make it a success Vice Mayor Padovan requested authorization from the Village Council to represent them before the State Legislator to review and study the solutions to alleviate the current school overcrowding problem without the necessity of imposing or increasing taxes Vice Mayor Padovan addressed the Council regarding the different proposals that are part of the topic and requested permission to participate in local meetings Vice Mayor Padovan made a motion requesting to be appointed as representative of the Council of the Village of Key Biscayne before the State Legislator 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, Sime, Vice Mayor Padovan, and Mayor Festa voting Yes Vice Mayor Padovan briefly discussed the Key Biscayne Technology Trust Foundation/Dade County School Board/Village of Key Biscayne Contract Vice Mayor Padovan indicated that the contract had been signed by the three parties involved Councilmember O'Reilly made a motion to strike the word Grant from the contract The Attorney indicated that the contract had been approved on April 29, 1997 Councilmember O'Reilly withdrew his motion Councilmember O'Reilly informed the Council that there will be a 1997 Flonda Local Government Finance and Tax Seminar II, October 2-3, 1997 Councilmember O'Reilly also praised a letter from Mayor Festa to Commissioner Jimmy Morales and praised the Mayor for his work supporting the Rickenbacker toll issue 4 of September 9 1997 Mayor Festa addressed the Council regarding a final report received from Dade County dated June 30th, 1997, regarding the Rickenbacker toll issue Mayor Festa asked Councilmembers for their support in the event that further actions are needed regarding this issue It was the consensus of Council to fully support the Mayor on the Rickenbacker toll issue Village Attorney The Attorney presented to the Council a proposed draft of the Golf Cart Ordinance Councilmember Fried addressed the Council regarding the proposed amendments to the ordinance and requested the following strike -out Harbor Dnve from section 2 (a) and section 4 (e) Chief of Police, Michael J Flaherty addressed the Council on this issue After extensive discussion, the Attorney said he would come back with another proposed draft of the Golf Cart Ordinance stnking out both Crandon Boulevard and Harbor Dnve as designated streets There were no objections from Council to the request Village Manager At this point the Manager addressed the Council and requested the deferral of items 10D1 and 10D2 until such time that the Village Engineer, Carlos Penin, would be present The Manager addressed the Council regarding the authorization to award the contracts for lighting of Crandon Boulevard medians Additional information was submitted to the Council regarding the first three medians Mayor Festa made motion to approve the Manager's recommendation Councilmember O'Reilly seconded the motion and it was approved by a 5-1 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Fned and Mayor Festa voting Yes Vice Mayor Padovan voted No The Manager and the Chief of Police, Michael Flaherty, addressed the Council regarding a request for NO PARKING signs in front of St Agnes School -Harbor Drive There was some discussion from Council on this issue Mayor Festa made a motion to authonze the NO PARKING signs in front of St Agnes School The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan, and Mayor Festa voting Yes The Manager was directed to come back with new ideas for the area, for example the funneling of traffic lanes from Femwood Road to Harbor Drive The Mayor also indicated that the hand -made sign on the south side of Harbor Drive needs to be removed and that the no parking regulation should be enforced 5 of September 9 1997 At this time Mayor Festa interrupted the meeting to announce the results of the Special Election held today stating that the Village had a new Councilmember The results of the Special Election held today are as follows Scott Bass obtained 404 votes, 38 51%, Martha Fdez-Leon Broucek obtained 578 votes, 55 10% and Carol Mullen -O'Leary obtained 67 votes, 6 39% There were a total of 1,059 ballots casted, 25 35% The Mayor further announced that Martha Fdez-Leon Broucek had been elected to this Council and according to the Charter of the Village of Key Biscayne her term will begin seven (7) days after the election Councilmember Martha Fdez-Leon Broucek will be installed on September 16th, 1997 as Member of the Council of the Village of Key Biscayne The Manager gave an update on the Sanitary Sewer System explaining the changes made to the report as follows paragraph #3 includes the Master Plan and its different dates, paragraph #4 includes the reasons to eliminate septic tanks and paragraph #12 should read 10 plus 5 years The Village Engineer was directed again to make sure that the Director or a State Representative from HRS is present at the workshop Nancy Harrison, 200 West Mashta Drive, addressed the Council There was extensive discussion from Council regarding this issue Village Engineer Carlos Penin addressed the Council regarding the West Mashta Bndge The Evaluation/Selection Committee for the West Mashta Bridge recommended Cone Construction to be the design/built team for the bndge The Village Manager indicated that numerical figures under Proposal One and Proposal Two were transposed Proposal One should be $1,056,487 and Proposal Two should be $921,300 Stephen D Kasper, Cone Construction and Max Puyanic, 480 S Mashta Drive, addressed the Council Mayor Festa instructed staff to come back with a condensed bndge proposal instead of the proposal presented before the Council this evening The Mayor indicated that this would not mean that they are working on two bridge projects but on a new option Vice Mayor Padovan suggested that staff should come back with the Department of Transportation's maintenance and adoption procedural requirements Eddie Alfonso, 711 West Mashta Drive, addressed the Council The Manager presented the Site Analysis Report Summary and requested permission from Council to bring this item back at a future meeting since an additional site was not included in the summary 6 of 8 September 9 1997 The Manager reported that the Village representatives chosen for the Fire/Police Retirement Plan were the Finance Director, Jack Neustadt and the Manager, C Samuel Kissinger by Council's unanimous consent Nevertheless, Mr Neustadt does not meet the requirement because he does not live in the Village and therefore cannot be the Council's representative Councilmember Sime proposed Barclay Cale, Jr , partner with the law firm Morgan, Lewis & Bockius to fill in as the representative for the Council It was the Council's unanimous consent to accept Councilmember Sime's recommendation The fifth member will be announced within a month at a later Council meeting The Attorney indicated that the representative must be willing to file a financial disclosure form The following information items were submitted to the Council The monthly departmental reports (August), August 1997 monthly report Key Biscayne Chamber of Commerce, letter from Steven A Minor, Director, Sunrise Drive improvement Association, dated August 29, 1997, letter from Randy Lee, President, Board of Directors, Ocean Dnve Manor Condominium Association, dated August 30, 1997, letter from John Sagovac, 160 Harbor Dnve, dated August 30, 1997, Dade Cities' Tax Rate Summary, dated September 1, 1997 Mayor Festa directed the Finance Director to add two columns to the Budget for the First Budget Hearing on Thursday, September 11, 1997 Councilmember O'Reilly requested the addition of columns reflecting unappropriated/unobligated balances for each area on pages 162 and 170 of the Budget under the Capital Outlay The Manager was directed to place a discussion on roundabouts and bus routes on future agendas for Council consideration The Manager reported that staff is finalizing the plans on the traffic calming for Harbor Drive and estimates that bids will go out before the end of the year Bus shelters are estimated to be installed by June 1998 Mayor Festa requested that the Manager look into the possibility of including a change order in the West Mashta traffic calming to include Harbor Drive The Manager recommended that it is necessary to go out for bids because the company that is working on the traffic calming has a substantial amount of work Vice Mayor Padovan reported that there is a substantial drop next to the sidewalk at Fernwood/Village Green The Manager reported that the drainage should start there soon and would look into the problem 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 7of8 September 9 1997 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 13 ADJOURNMENT The meeting adjourned at 9 45 p m Respectfully submitted Vivien Maur' eputy Village Clerk Approved this 21th day of October 1997 S. s,--/—,,, 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 8 of