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