HomeMy Public PortalAbout04-08-97 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, APRIL 8, 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 Fried (arrived at 7 11 p m ),
Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa
Councilmember Christina Reed was absent Also present were Village Manager C Samuel
Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss
2 INVOCATION Reverend Jose Luis Hernando, St Agnes Catholic Church gave the
invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance
4 APPROVAL OF MINUTES There were no minutes submitted for approval
5 AGENDA Councilmember Han requested the addition of Item 10A7 Report on Beach Club
and Item 10A8 Sun Trust Property, the Village Clerk offered an amendment of Item 8A to read
second reading, the Mayor requested that Chief Gilbert introduce the two new firefighters The
Agenda as amended was unanimously approved
6 SPECIAL PRESENTATIONS Fire Chief John C Gilbert introduced to the Council and
public, the two new firefighters John Smithies and Hugo Alvarez
Mr Bob Skinner, 561 Sable Palm Drive, made a presentation on "Solving the Raccoon
Problem" Craig and Christina Mattocks addressed the Council on this issue N
The Mayor introduced the Honorable Manty Sabates Morse, Dade County Public Schools,
(District Six) addressed the Council regarding the status of a K-8 school for Key Biscayne
She also reported that for every dollar Key Biscayne will give the School System for the
computer technology grant it will be matched with 57 cents to a dollar Vice Mayor Padovan
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April 8 1997
made a motion to request that the Attorney draft an agreement with the School Board for a
grant of $25,000 Councilmember O'Reilly seconded the motion The motion was tabled
to be heard under Item 10A2
Morton C Pollack, 121 Crandon Boulevard addressed the Council on this issue
Councilmembers took a recess from 8 00 p m to 8 10 p m
7 PUBLIC COMMENTS Michael King, 745 Fernwood Road, Camille Guething 265
Seaview Drive addressed the Council in reference to the Noise Ordinance
8 ORDINANCES The Clerk read the following ordinance, on second reading, by title
AN 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 AREAS, PROVIDING FOR SEVERABILITY,
PENALTY, INCLUSION IN THE CODE, IMPLEMENTATION AND AN
EFFECTIVE DATE
The Attorney addressed the Council on this ordinance
The Mayor opened the public hearing There were no speakers present The Mayor closed the
public hearing
Mayor Festa made a motion to approve the ordinance The motion was seconded by Councilmember
O'Reilly and approved 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
Vice Mayor Padovan made a motion not to allow any decal replacements Councilmember O'Reilly
seconded the motion Vice Mayor Padovan withdrew her motion
The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING
SECTION 5 02, "INITIATIVE AND REFERENDUM" TO PROVIDE FOR TIME
LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR THE EXERCISE OF
REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING
ISSUANCE OF DEBT, AMENDING SECTION 7 05, "CHARITABLE
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April 8 1997
CONTRIBUTIONS" TO PROVIDE FOR REVISION OF COUNCIL VOTE
REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR
COUNCIL VOTE REQUIREMENT FOR ISSUANCE OF GRANTS, PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE
CHARTER, PROVIDING FOR ADOPTION OF ENABLING RESOLUTION,
PROVIDING FOR AN EFFECTIVE DATE
The Attorney addressed the Council on this ordinance
The Mayor opened the public hearing There were no speakers present The Mayor closed the
public hearing
Mayor Festa made a motion to approve the ordinance The motion was seconded by Vice Mayor
Padovan and approved by a 5-1 roll call vote The vote was as follows Councilmembers Fried, Han,
Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED
AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY,
JUNE 10, 1997 BY MAIL BALLOT PROCEDURE, PROVIDING FOR
AMENDMENTS PROPOSED BY THE VILLAGE COUNCIL CONCERNING
SECTION 5 02, "INITIATIVE AND REFERENDUM", TO PROVIDE TIME LIMIT
FOR COMMENCEMENT OF PROCEEDINGS FOR EXERCISE OF
REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING THE
ISSUANCE OF DEBT, SECTION 7 05, "CHARITABLE CONTRIBUTIONS" TO
REQUIRE FIVE (5) COUNCIL VOTES FOR APPROVAL OF ISSUANCE OF
GRANTS AND TO REQUIRE FIVE (5) COUNCIL VOTES FOR CHARITABLE
CONTRIBUTIONS, PROVIDING FOR REQUISITE BALLOT LANGUAGE,
PROVIDING FOR PROCEDURE FOR MAIL BALLOTING, PROVIDING FOR
NOTICE, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution Vice Mayor Padovan seconded the
motion and it was approved by a 5-1 voice vote The vote was as follows Councilmembers Fried,
Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No
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The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION
OF MEMBERS OF THE CHARTER REVISION COMMILSSION, PROVIDING FOR
AN EFFECTIVE DATE
Councilmember Fried 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, Sime, 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 THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE WITH MR FRANK GARISTO,
TO PROVIDE VIDEO GRAPHIC SERVICES FOR THE VILLAGE OF KEY
BISCAYNE, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE
Councilmember O'Reilly 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
CONTRACT WITH U S BRICK, INC , ATTACHED, AND MARKED EXHIBIT A,
B, AND C IN AN AMOUNT NOT TO EXCEED $70,000, PROVIDING FOR
FINANCING, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution The motion was seconded by Vice
Mayor Padovan and approved by a 5-1 voice vote The vote was as follows Councilmembers
Fried, Han, O'Reilly, Sime and Vice Mayor Padovan voting Yes Mayor Festa voting No
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
OBJECTING TO SPECIAL ACT LEGISLATION TO PERMIT THE
ABOLISHMENT OF A MUNICIPAL GOVERNMENT WITHOUT STUDY,
CONSENT OR CONCURRENCE OF THE MUNICIPALITY, PROVIDING FOR AN
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April 8 1997
EFFECTIVE DATE
The Attorney addressed the Council on this issue
Vice Mayor Padovan made a motion to approve the resolution The motion was seconded by
Councilmember Fried 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
SUPPORTING METRO-DADE MAYOR ALEX PENELAS' INITIATIVE FOR
STRICTER HAND GUN REGULATION, PROVIDING FOR AN EFFECTIVE
DATE
Councilmember Han made a motion to approve the resolution The motion was seconded by
Councilmember Sime and approved by a 5-1 voice vote The vote was as follows Councilmembers
Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly
voting No
Mayor Festa made a motion to request that the Manager or the Attorney prepare a resolution to
express condolences to Mayor Penelas on the loss of his mother The motion was approved by
Council consensus
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Festa requested to hear Item 10A2 at this point There were
no objections to the request The manager addressed the Council on the specifics of the agreement
with the Key Biscayne Technology Trust Foundation Chris Master, District Director for
Instructional Technology for Dade County addressed the Council and the public regarding matching
grants
Vice Mayor Padovan expressed her concern regarding the Technology Trust Foundation presenting
a Purchase Order to the Manager for $50,000 Vice Mayor Padovan also stated that she did not
receive the package from the Key Biscayne Technology Trust Foundation that the rest of the
Councilmembers received
Cindy Cutler, 251 Crandon Boulevard, Larry Feldman, Dade County Public Schools, Region
Four Director, Carol Mullen O'Leary, 444 Fernwood Road, Darlene Mooney, Principal of
the Key Biscayne Elementary School, Martin Pollack, 121 Crandon Boulevard addressed the
Council on this issue
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April 8 1997
Vice Mayor Padovan was appointed by Council consensus to be the contact with the Manager, the
Attorney, the Dade County School Board and the Technology Trust Foundation
The Attorney addressed the Council on this issue
Mayor Festa made a motion to restructure the Technology Trust Foundation Agreement to have the
funds flow from the Village thru the Foundation to the Dade County School Board 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
There was extensive discussion from Council and public on this issue
Mayor Festa requested to hear Item 10A4 at this point There were no objections to the request
Councilmember Han made a motion to consider foreclosure lien on L'Esplannade Shopping Center
The motion was seconded by Councilmember O'Reilly
Director of Zoning, Building and Planning John Little addressed the Council on this issue Director
Little stated that the intention is to collect the fines and that the L'Esplannade is a condominium
The Manager and the Attorney addressed the Council on this issue
The following residents addressed the Council Mark Poffenbarger, representing
L'Esplannade Mall, Camille Guething, 260 Seaview Drive, requesting "No Parking Signs"
on the north side of Seaview, the Manager was directed to bring this issue back to the next
council meeting with his recommendations
Mayor Festa made the following recommendations that the Special Master call a meeting to resolve
the L'Esplannade situation, the building inspector to go tomorrow and inspect the building from top
to bottom to insure that there are no safety violations and bring his findings to the next Council
meeting
Councilmember O'Reilly made a motion to defer the pending motion to the next council meeting
The motion was seconded by Councilmember Han 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
Luis Alcebo, 235 Grapetree Dnve, Bill Falk, 288 Seaview Drive, Rosie Alfaro, Marco's Hair
Design, addressed the Council
Vice Mayor Padovan brought to the attention of the Council the six month evaluation of the Village
Clerk and stated her recommendation that Councilmembers come up with an evaluation report for
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April 8 1997
the next Council meeting The Clerk was requested to send a summary of the duties of the Village
Clerk to each Councilmember
Vice Mayor Padovan requested to defer her concern over Metro Dade Fire Station #15 to the next
Council meeting There were no objections to her request
Mayor Festa gave an update on the Rickenbacker toll issue stating that he has not received any
further information as of today
Village Attorney The Attorney addressed the Council regarding the letters to the owners of lands
that are for sale, stating that under the Flonda Statutes if we make an offer to purchase the land under
threat of condemnation, that is, we have the ability of making the purchase exempt from
documentary stamps taxes The Attorney stated that the letters are ready to go out to the owners of
the properties that are for sale By Council consensus the Attorney is not to include the words
"under thread of condemnation" in the letters that will be sent to the owners of the properties that
are for sale
Mayor Festa made a motion to extend the meeting to 11 30 p m Councilmember Han seconded the
motion and it was 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
Councilmember Han made a short report on the Beach Club and stated that there will be another
meeting in May and will report back on this issue at the June Council meeting Councilmember Han
also stated that he had not had any discussions regarding the land with the owner of the property
Councilmember Han made a recommendation to consider making the Sun Trust property look like
the rest of the Village Green The Village at the present time cuts the grass and picks up the litter
Councilmember Han made a motion to have the Manager evaluate the cost of sodding this property
and to prevent parking on this piece of property The motion died for lack of a second
The Attorney addressed the Council on this issue
Village Attorney The Attorney addressed the Council regarding his letter on the Town of Surfside
lawsuit and the Golf Cart Ordinance
Village Clerk The clerk announced that the Office of the Mayor had issued two proclamations
during the month of April, one proclaiming April 1997 as Fair Housing Month and the other one
proclaiming May 4 - 11, Days of Remembrance of the Victims of the Holocaust The Clerk also
announced that a sympathy card will be mailed to Mayor Alex Penelas on the loss of his mother
Village Manager Carlos Penin, Village Engineer gave a status report on the West Mashta Bridge
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April 8 1997
The Manager addressed the Council on this issue
The Manager presented to Council a report regarding the Village Green Lighting Enhancement
There was no motion to have additional lights at this time
Mayor Festa made a motion to approve the Warren Lane tree petition 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 announced that the Council will receive the proposed 1998 budget schedule before the
August 26, 1997 budget workshop
The Manager announced that there will be a Party in the Park on Tuesday, August 5, 1997,
celebrating National Night Out
The Manager gave a status report regarding the policy on the use of the Village Green Vice Mayor
Padovan made a motion to have a fee of $25 for residents using the Village Green and $75 for non-
residents 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 gave a status report regarding the Village Park and Access Promenade cost estimate
stating that he will present a cost estimate for sidewalks at the next Council meeting
The Manager presented a request from the Amencan Legion to hold a Memorial Day celebration on
Monday, May 26, 1997, 6 00 P M at the Village Green The request was approved by Council
consensus
The Manager reported on the extension of $7 2 million stormwater utility revenue bond anticipation
note, Series 1995 informing that the closing was April 1, 1997 at a rate of 4 52%, which is 77% of
the US Treasury Bill rate
Chief of Fire Rescue John Gilbert addressed the Council regarding the issue of the condition of the
equipment of City of Miami, stating that he feels comfortable with the equipment the Village gets
from the City
The following informational items were submitted to the Council the monthly departmental reports,
a letter to Mayor John Festa, from Rep Luis Morse, Dade County Legislative Delegation, dated
March 11, 1997, the Dade League of Cities, Inc , Education Committee Meeting minutes, dated
March 12, 1997, a letter to Mayor John Festa from Deborah Collura, Vice President, News, NBC
News, dated March 21, 1997, memorandum to Village Manager from the Chief of Police, regarding
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April 8 1997
citizens survey, dated April 1, 1997, a letter to the Village Manager from a group of residents
regarding soccer games, dated Apnl 3, 1997, adopted 1997 Goals and Objectives, memorandum to
Village Council from Village Clerk regarding Revenue Sharing, dated April 4, 1997
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council and public
13 ADJOURNMENT The meeting was adjourned at 11 30 p m
Res , c ully submitted
hill/I-dfeb""
Conchzta H Alvarez, Village Clerk
Approved this 13th day of May ,1997
3 3 -v -77 -r -,----
F Festa
ayor
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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