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
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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
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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
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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
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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
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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
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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
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