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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 1 of 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 2 of 9 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 3 o_f9 April 8 1997 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 4 of 9 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 5 of 9 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 6of9 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 7of9 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 8 of 9 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 9 of 9