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HomeMy Public PortalAbout06-10-97 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 10, 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 10 p m Present were Councilmembers Mortimer Fned, 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, Deputy Clerk Vivien Maun and Village Attorney Steve Helfman 2 INVOCATION Reverend Pat Arnold, of the Key Biscayne Presbyterian Church gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the Special Council Meeting of May 27, 1997, were approved by unanimous consent 5 AGENDA The following changes were made to the agenda the Deputy Clerk requested the removal of two misplaced pages under Item 10D6 and the addition of the word PUBLIC to Items 9A and 9B The Village Manager requested the addition of appointment of voting delegate to Florida League of Cities Annual Conferences as Item 10A9 Vice Mayor Padovan requested the addition of a report on the Dade County League of Cities as Item 10A10 Mayor Festa requested the withdrawal of Item 10A1 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS There were no special presentations 7 PUBLIC COMMENTS Martha Broucek, 170 Ocean Lane Drive addressed the Council 1 of June 10 1997 8 ORDINANCES The Deputy Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1996-1997 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Mayor Festa made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Fried and adopted 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 9 RESOLUTIONS The Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING APPRECIATION TO MANTY SABATES MORSE, DADE COUNTY PUBLIC SCHOOL BOARD MEMBER FOR BEING INSTRUMENTAL IN THE ADDITION OF THE MIDDLE SCHOOL TO KEY BISCAYNE FOR THE SCHOOL YEAR 1998-1999, 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 Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING APPRECIATION TO THE DADE COUNTY PUBLIC SCHOOL BOARD MEMBERS FOR THEIR SUPPORT IN THE CONVERSION OF THE KEY BISCAYNE ELEMENTARY SCHOOL TO A K-8 SCHOOL FOR THE SCHOOL YEAR 1998-1999, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried 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 2of7 June 10 1997 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Han addressed the Council regarding the existing Council Rules and Regulations Councilmember O'Reilly made a motion to place the Manager's report in the agenda immediately after the ordinances and resolutions The motion was seconded by Councilmember Sime and failed by a 3-3 voice vote The vote was as follows Councilmembers Fried, O'Reilly, Sime voting Yes Councilmembers Han, Vice Mayor Padovan and Mayor Festa voting No Councilmember Sime made an amendment to the O'Reilly motion to place the Manager's report on the agenda after the Mayor and Councilmembers' report The motion was seconded by Councilmember O'Reilly and failed by a 3-3 voice vote The vote was as follows Councilmembers Fried, O'Reilly, Sime voting Yes Councilmembers Han, Vice Mayor Padovan and Mayor Festa voting No Councilmember Han made a motion to amend resolution 97-3 by adding Section 15 which will say that at all Regular and Special Council Meetings the Manager's report should begin no later than 10 00 p m 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 Mayor Festa requested to defer the discussion on the tie vote, but requested that the Clerk provide the Council with a list of all votes that have failed because of the inability to break a tie or have less than four positive votes but yet not have four negative votes for an issue Mayor Festa requested that when Councilmembers know in advance that they be unable to attend a Council meeting to let the Village Clerk know, so she can announce the Councilmembers' absence at the respective meeting Councilmember Han gave a brief report on the Beach Park regarding his meeting with the Beach Club The Attorney addressed the Council regarding the feasibility on limiting the accessibility to this park to Village residents only The Attorney also stated that they are in the process of a friendly proceeding against the Ocean Club which will allow an existing restriction to be removed so that it does not limit the Village's usage of that area for public park purposes The Ocean Club has agreed to go through this process and pay for all the costs associated with it This process should be completed within the next 120 days Jacqueline de Leon, 650 Ocean, #5B, Tony Gorrin Aldecoa, 650 Ocean Drive #10E, Silvia Maiztegui, 590 Ocean Drive, #3A, Ed Meyer, 100 Sunrise Drive, Garcia, 650 Ocean Drive, addressed the Council 3of7 June 10 1997 Mayor Festa gave a brief report on the meeting held on May 29, 1997 with the Post Office regarding the on going noise problem One of the options is to delay the deliveries to the Post Office from 5 30 a m to 6 30 p m Staff to bring update on this issue when it is available Mayor Festa gave a brief update on the issue of the Rickenbacker Causeway Toll Jacqueline de Leon, 650 Ocean Drive addressed the Council Vice Mayor Padovan requested authorization from Council to meet with the Dade County Public School regarding an auditorium and other facilities for Key Biscayne Vice Mayor Padovan addressed the Council on this issue and by Council consensus, authorization was granted to Vice Mayor Padovan to meet with the Dade County Public School regarding facilities for Key Biscayne Conchita Suarez, 201 Crandon Boulevard, Carol Mullen O'Leary, 444 Fernwood Drive, Bonnie Cooper, 77 Crandon Boulevard, Heidi Archibald, 881 Ocean Drive, Raul Llorente, 345 Cypress Drive, Martha Broucek, 170 Ocean Lane Drive addressed the Council Vice Mayor Padovan reported on the "Keep Me Safe" Summit Dade County Public Schools By Council consensus Vice Mayor Padovan was appointed to be the Village's representative dunng the Summit Mayor Festa addressed the Council recommending the reappointment of Rosemary Sala for the Office of Special Master Councilmember Sime made a motion to reappoint Rosemary Sala as Special Master 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 The Mayor will bnng back at the next Council meeting the appointment of the other Special Master The Manager addressed the Council requesting the appointment of Councilmember Fned as a voting delegate to the Annual Conference of the Florida League of Cities Mayor Festa made a motion to nominate Councilmember Fned 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 Vice Mayor Padovan reported that the Dade League of Cities appointed a County Revenue Sharing Committee that will meet on June 24, 1997, place and time to be determined This Committee will be presenting a revenue sharing proposal of a one cent sales tax The Committee will also be looking at the one cent tax on gasoline at a second hearing on June 17, 1997 Vice Mayor Padovan requested to have an opinion from Council to present at the Dade League of Cities and recommended supporting this one tax increase 4of7 June 10 1997 Conchita Suarez, 201 Crandon Boulevard addressed the Council Village Attorney The Attorney gave his report under Item 10A3 Village Clerk The Clerk submitted the following informational items Thank you letter to Mayor and Members of the Village Council from Mayor Alex Penelas regarding the recent loss of his Mother, dated May 22, 1997 The Mayor addressed the Council and public with the results of the Special Election held today regarding the Charter amendments Councilmember Han requested to be excused from the meeting at 8 54 p m due to a family emergency Village Manager The Manager reported that SunTrust property responded to his letter and have requested to appear before Council The Manager recommended that they appear before Council at the Regular Council Meeting of July 1, 1997 By Council consensus SunTrust representatives should appear before Council as recommended by the Manager The Manager reported on the Growth Management Act Exemption Attorney Stephen Helfman addressed the Council on this issue The request was not granted but DCA has indicated that they will be willing to enter into agreements with local governments to narrow the scope of what has to be updated in a Comprehensive Plan The Manager requested that John Little, Director of Building, Zoning and Planning addressed the Council giving a brief report on the Key Biscayne Geographical Information System Laura Stoddard was introduced at this point, addressed the Council explaining what GIS is and what it does by presenting several samples to the Council and public The Manager announced that there will be an Environmental Quality Control Board Meeting on June 12, 1997 at 1 30 P M , at the Metro -Dade Center, 111 NW 1st Street, Conference Room 3, 18th Floor The County Board will permit the Village to connect by the year 2006 Stephen Helfman addressed the Council on this issue Carlos Penin, CAP Engineering addressed the Council stating that completion of the sewer system is expected for the year 2000 Mayor Festa requested authorization from Council to negotiate with the Metropolitan Dade County Environmental Quality Control Board for extension of the year 2006 The Mayor was authorized by Council consensus The Manager reported on the Public Right-of-way study The study is about 40% complete and reflects 286 violations Vice Mayor Padovan recommended to enforce violations as properties are sold This issue will be brought back to a next council meeting 5of7 June 10 1997 The Manager presented to Council a Proposed Fire Rescue/Police Retirement Plan The Manager requested authorization from Council to spend funds to employ the services of an impartial Actuarial Consultant and an Attorney to review their proposal The Manager also requested authorization to send the plan to the State of Florida Division of Retirement for review By consensus of the Council, the above requests were approved The Manager presented to Council a report from the Chief of Fire Rescue, John C Gilbert, regarding a Voice Messaging Service for the Village Mayor Festa made a motion to implement a voice message service for the Village Vice Mayor Padovan seconded the motion and it was approved by a 5-0 voice vote The vote was as follows Councilmembers Fried, O'Reilly Sime, Vice Mayor Padovan and Mayor Festa voting Yes The Manager presented to Council a letter from Marlon Nelms, Chief of the Mosquito Control Division, Metropolitan Dade County Public Works Department stating that the loudspeakers would cost approximately $500 per unit They will, therefore, not be able to implement this suggestion Heidi Archibald, 881 Ocean Drive addressed the Council The Manager was requested to invite Lee Niblock to a Council meeting to make a presentation on the mosquito control program that Bill Baggs State Park has implemented The following informational items were submitted to the Council the monthly departmental reports, thank you letter to Village Manager from Donald Keller, Media and Public Relations Chairman, American Legion, Key Biscayne Post, dated May 27, 1997, letter to Village Manager from Guy Smith, 701 Fernwood Road regarding the circle at the intersection of Fernwood Road and West Mashta Drive, dated May 29, 1997, Public Notice of Change of Land Use for Fernwood Road, 1997 Assessment Roll Estimate 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 10 15 p m 6of7 June 10 1997 Re tfully sub tted -die6/' Conchita H Alvarez, Village Clerk Approved this 24th day of June .1997 .-0 Festa or 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 7of7