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HomeMy Public PortalAbout05-13-97 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 13, 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, Gregory Han, Hugh O'Reilly, Christina Reed, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 INVOCATION Reverend Robert 0 Libby, Saint Christopher's by the Sea gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the Council Meeting of April 8, 1997 and the minutes of the Special Council Meeting of April 29, 1997, were approved by unanimous consent 5 AGENDA The following changes were made to the agenda Councilmember Sime requested the addition of a request to send an information letter to voters regarding the upcoming election as Item 10A8, Mayor Festa requested the addition of a discussion on Council rules as Item 10A9, the Manager requested the deferral of Item 10D11 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS Bonnie Cooper, Co -Chair of The Citizens for a Community Center addressed the Council and the public on the responses to the Community Center questionnaire Ms Cooper handed over the questionnaires sent by the residents to the Clerk for safe keeping Camile Guething, 260 Seaview Drive, Robert Libby, 200 Ocean Lane Drive, Pat Weinman, 940 Mariner Drive addressed the Council on this issue 1 of 7 May 13 1997 Mr Marlon Nelms, Chief, Mosquito Control Program, Public Works Department, Metropolitan Dade County addressed the Council and the public on the 1997 Mosquito Spray Program Residents who wish to be placed on a "No Spray List" can call 592-1186 or fax 471-0520 and they will be notified by phone when the spraying is going to take place Camile Guething, 260 Seaview Drive, Pat Weinman, 940 Mariner Drive, Alain De Grelle, 176 West Mashta Drive, Jacqueline de Leon, 650 Ocean Drive, Ed Meyer, 100 Sunrise Drive, Ward A Rathbone, 275 West Mashta Drive, Heidi Archibald, 881 Ocean Drive, addressed the Council on this issue Mayor Festa acknowledged Representative Bruno Barreiro and thanked him for attending this meeting Representative Barreiro addressed the Council and the public and presented a check for the Heritage Trail Project in the amount of $4,500, which is part of the $18,000 grant that the Village is receiving Also he announced that there is a $100,000 grant for the Village Green and a $100,000 grant for the Community Center pending the Governor's signature 7 PUBLIC COMMENTS Mr James McMaster, 2940 S W 30th Court, Miami, Nancy Doke Harrison, 200 West Mashta Drive, Jacqueline de Leon, 650 Ocean Drive, Camile Guething, 260 Seaview Drive, Pat Weinman, 940 Mariner Drive, Ed Meyer, 100 Sunrise Drive, addressed the Council Andrew Pierce, C A P Engineering addressed the Council on the sanitary sewer issue brought up by Nancy Doke Harrison The Manager was directed to meet with the West Mashta Drive group and report back at the next Council meeting on his meeting Councilmember Reed excused herself and left the meeting at 9 05 p m 8 ORDINANCES There were no ordinances considered by the Council 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE MAYOR AND MEMBERS OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING OUTRAGE OVER THE EARLY RELEASE OF CONVICTED VIOLENT FELONS AND REQUESTING OFFICIALS AT EVERY LEVEL OF GOVERNMENT TO INSTITUTE POLICIES AND PROCEDURES EXHIBITING "ZERO TOLERANCE" FOR VIOLENT FELONS, RECIDIVISTS AND CAREER CRIMINALS Mayor Festa made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan 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 2of7 May 13 1997 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 AGREEMENTS WITH KBS DEVELOPMENT ASSOCIATES, MARKED AS EXHIBIT I, AND THE AGREEMENT WITH WILLIAMS, HATFIELD & STONER, INC , MARKED AS EXHIBIT II, FOR A TOTAL COST NOT TO EXCEED $40,000 FOR THE PREPARATION OF A FLOOD PLAIN MANAGEMENT PROGRAM AS GENERALLY DEFINED IN THE NATIONAL FLOOD INSURANCE PROGRAM, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Han gave a brief report on the Beach Park The Attorney addressed the Council on this issue and reported that they spoke with the landowner and the best thing is to get a friendly eminent domain action, which the owner will pay for it The Attorney also reported on a discussion for a lease arrangement with the Beach Club so that the access would be restncted for residents only The Attorney was directed to contact the owner of the Beach Club, IDS, to see if the land is for sale and report back to Council his findings Mayor Festa presented to Council his concern regarding the Village's hiring procedures and that he would like to see some policies established by the Council Mayor Festa will bring this issue back at the next Council meeting with some specific policies The Attorney addressed the Council on this issue and stated that it was legal counsel's idea to establish minimal guidelines for hiring procedures in order not to burden the government Camile Guething, 260 Seaview Drive addressed the Council on this issue Mayor Festa requested to defer the Community Center Foundation item to the next Council meeting There was no objection to the request The six month evaluation of the Village Clerk was heard at this time Vice Mayor Padovan made a motion to increase the Clerk's salary by $ 2,000 effective immediately The motion was seconded by Councilmember Sime 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 3of7 May 13 1997 Vice Mayor Padovan reported on the conversion of the K B Elementary School from a K-6 school to a K-8 school for the school year 1998-1999 The Clerk was directed by Council consensus to draft a resolution acknowledging the Dade County School Board for their support and efforts in establishing a K-8 school and a resolution thanking School Representative Manty Sabates Morse Vice Mayor Padovan requested a brief status report from the Attorney regarding the lawsuit against the County for preservation of Calusa Park and Crandon Park playing fields The Attorney briefly addressed the Council on these issues Councilmember Fried brought to the attention of the Council the lack of playing fields in the future within the Village Councilmember Sime requested consensus from Council to send an information letter to the registered voters regarding the special upcoming election Councilmember Sime will bring a draft letter to the next Council meeting for approval Mayor Festa requested a discussion on Council rules and procedures and will bring this issue back at the next Council meeting whenever seven (7) Councilmembers are present Village Attorney The Attorney presented to the Council a report on Gifts, Sunshine Law and attendance to functions Item 10D12, L'Esplannade Shopping Center was heard at this time Director of Building, Zoning and Planing, John P Little, gave an update report on the fines and violation penalties on this property As of this date, all but two (2) violations have been corrected The main problem with this building is poor maintenance procedures Camile Guething, 260 Seaview Drive, addressed the Council Village Clerk The Clerk announced that the office of the Mayor had issued a proclamation during the month of May, recognizing May 17-26 as Poppy Week in Key Biscayne The Clerk submitted the following informational items letter to Village Clerk from U S Senator Connie Mack regarding high noise levels due to flying aircraft over Key Biscayne, dated April 16, 1997, letter to Village Clerk from Mr Robert W Burpee Director, U S Department of Commerce, National Oceanic and Atmospheric Administration regarding The National Hurricane Center, dated April 21, 1997, letter to Village Clerk from James A Dorskind, Special Assistant to the President of the United States regarding The National Hurricane Center, dated Apnl 29, 1997, thank you letter to Village Clerk from Thomas A Ziebart, regarding the Gatorade Triathlon and Publix Family Fitness Weekend on Key Biscayne, dated May 6, 1997 Village Manager The Manager requested direction from Council regarding federal funds for the Lake Park and the Ocean Park By Council consensus the Manager was directed to request funds 4of7 May 13 1997 for the Lake Park, but hold the request of funds for the Ocean Park until the Village receives the report from the Attorney on Federal Beach Renourishment The Manager presented to the Council two "No Parking Zone" requests a) Seaview Drive Northside requested by Camille Guething, Fernwood Road Westside Community Church - either side of the driveway on Fernwood Road requested by the Community Church Councilmember Han made a motion to have signs the entire length of the church property from Heather North to the first house The motion was seconded by Councilmember O'Reilly Mayor Festa made an amending motion to only include the area basically north, mainly what is being requested The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The motion as amended 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 Fried made a motion to approve No Parking Signs along the length of the L'Esplannade Shopping Center on Seaview Drive 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 Camille Guething, 260 Seaview Drive addressed the Council on the No Parking Sign issue on Seaview Drive Chief of Fire Rescue John Gilbert gave a bnef report on his meeting with Chief Pauhson from Metro Dade County, Chief Gimenez from City of Miami on May 8, 1997 regarding the situation with Metro Dade Fire Station #15 The proposals submitted by the Village of Key Biscayne Fire Rescue Department in the past to the Metropolitan Dade County Fire Department were not acceptable Chief Gimenez from the City of Miami Fire Rescue Department stated that they would offer a proposal to Metro Dade Fire Department to take over the entire fire service south of the Rickenbacker Causeway and that may include the Village of Key Biscayne Fire Rescue Department, but would let the Village of Key Biscayne Fire Department know before going back to the Metro Dade Fire Department Once Chief Paulison receives the proposal, he would then forward it to the County Manager The Manager gave a brief report on the 1997 Goals and Objectives Councilmembers agreed to submit their adopted goals and objectives to the office of the Village Clerk Sof7 May 13 1997 The Manager gave a brief report on the actions taken after the March 18, 1997 Town Meeting and stated that he was very pleased with the results The Manager gave a report on the acquisition of property Letters were sent to Mr Rebozo and the SunTrust Bank Mr Rebozo responded that he is not interested in selling and the SunTrust Bank has not responded Vice Mayor Padovan requested, with consensus of Council, that the Manager look into the Galleria Shopping Center and the Southern Bell Property The Manager presented to the Council a request from the Key Biscayne Chamber of Commerce to use the Village Green on Saturday, June 14, 1997 from 11 AM -2 P M Councilmember O'Reilly made a motion to approve the request 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 reported on the flood plain management plan and explained that this is where the Village is getting involved in the rating process The Manager informed the Council that the 1997 Sixth Month Progress Report was not part of the agenda, but was distributed tonight It will be placed on the next agenda The Manager presented the proposed Sanitary Sewer construction program timetable a) Collection system study completed by August 1, 1997, b) Workshops August - September 1997, c) Referendum- October 1997 The following informational items were submitted to the Council the monthly departmental reports, letter to Village Manager from Lynn Whisenhunt, General Manager, Adelphia Cable regarding new cable rates, dated April 30, 1997, a copy of a Memorandum to the Board of County Commissioners regarding the passing of an Ordinance on completion of a CPR course prior to the issuance of a building permit for pool addition, Beach Preservation internship proposal for Lillian Flank, Village Manager attending the Florida Managers Conference, April 1997 Monthly Report Key Biscayne Chamber of Commerce 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 00 p m 6of7 May 13 1997 Resp tfully submitted ir:22/41 onchzta H Alvarez, Village Clerk Approved this 27th day of May ,1997 oh F Festa ayor 0V p w►tr,� (al ,ror \‘ikl.'". r A T l 1f 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 7of7