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Home My Public Portal About07-01-97 Regular Council Meeting.tifMINUTES / VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 1, 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 Fned, Gregory Han, Hugh O'Reilly (arrived at 7 06 p m), Betty Sune, Vice Mayor Michele Padovan and Mayor John Festa Councilmember Chnstma 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, from Saint Agnes Catholic Church gave an invocation At this time Mayor Festa requested a moment of silence in memory of Jorge Portela 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the Local Planning Agency Meeting of June 24, 1997 and the minutes of the Special Council Meeting of June 24, 1997, were approved by unanimous consent 5 AGENDA The following changes were made to the agenda Councilmember Sime requested the addition of West Mashta Sewer as Item 10A3, the Clerk requested the addition of a resolution regarding Virginia Key as Item 9B and Mayor Festa requested the addition of a bnef report on the Rickenbacker Toll as Item 10A4 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS A report on the SunTrust Bank property by Toby Pnnce Brigham, Esquire, Bngham Moore Gaylord Schuster Merlin & Tobin, was re -scheduled for the September 9, 1997 Council meeting Joan Gill Blank gave a report to the Council and public on the Key Biscayne Hentage Trail James DeCocq, Assistant to the Village Manager also addressed the Council on this issue Jeff Bronow, Consultant from the firm Tischler & Associates gave a report on Impact Fees with the recommendation that impact fees not be pursued as a revenue source for the Village The Manager was directed to look into the exact amount contributed by Grand Bay to the School Board I of July 1 1997 7 PUBLIC COMMENTS Gerald Broucek, 170 ocean Lane Drive, Carol Mullen O'Leary, 444 Fernwood Drive, Ed Meyer, 100 Sunrise Drive addressed the Council Lt McElhaney from the Police Department and Fire Chief John C Gilbert addressed the Council and the public regarding safety with fireworks on the 4th of July 8 ORDINANCES The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING DIVISION 2 "PURCHASING" OF ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING SECTION 2-87 "EXEMPTIONS FROM COMPETITIVE BIDDING" AND CREATING SECTION 2-88 "DESIGN -BUILD CONTRACTS" TO PROVIDE PURCHASING PROCEDURE FOR DESIGN -BUILD CONTRACTS" AWARDED PURSUANT TO SECTION 287 055, FLORIDA STATUTES The Mayor opened the public heanng There were no speakers present The Mayor closed the public heanng Councilmember Fried made a motion to adopt the ordinance on second reading The motion was seconded by Vice Mayor Padovan and adopted by a 6-0 roll call vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Councilmember Han Councilmember O'Reilly made an amending motion to substitute the rolled - back rate with $3 563 The motion was seconded by Vice Mayor Padovan and failed by a 2-4 roll call vote The vote was as follows Councilmember O'Reilly and Vice Mayor Padovan voting Yes Councilmembers Fried, Han, Sime and Mayor Festa voting No 2 of July 1 1997 The Manager addressed the Council on this issue There was extensive discussion from Council on this resolution The resolution was approved by a 4-2 roll call vote The vote was as follows Councilmembers Fned, Han, Sime and Mayor Festa voting Yes Councilmember O'Reilly and Vice Mayor Padovan voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING OPPOSITION OF THE VILLAGE COUNCIL TO THE REQUESTED RELEASE OF THE DEED RESTRICTION HELD BY DADE COUNTY UPON CERTAIN LANDS OWNED BY THE CITY OF MIAMI SITUATED IN VIRGINIA KEY, PROVIDING FOR DISTRIBUTION OF RESOLUTION, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Councilmember Sime Mayor Festa made an amending motion to add in the first whereas clause after Dade County the following ", as a part of the negotiations regarding the arena site", to substitute the word "would" by "could", strike " " and add "and Dade County" in the second whereas clause, strike in Section 2 "cxpresscs its " and substitute with "requests that the County not", add the word "any" between the words "to" and "consideration" and strike the words "the -requested" and substitute the word "release" by "releasing" 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 resolution 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 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Vice Mayor Padovan addressed the Council regarding the enforcement of the "Passive Park Resolution" There was extensive discussion from Council on this issue Antoinette Gornn-Aldecoa, 650 Ocean Drive, Heidi Archibald, 881 Ocean Drive, Felix Garcia, 650 Ocean Drive, Miriam Miyares, 650 Ocean Drive, Sylvia Maiztegui, 590 Ocean Drive, Martha Broucek, 170 Ocean Lane Drive, Carol Mullen O'Leary, 444 Fernwood Road addressed the Council 3 of July 1 1997 The Manager presented to the Council a revised project list of Goals and Objectives adopted at a Council Meeting held on April 1, 1997 The list consisted of several specific goals that several of the Councilmembers adopted and will follow progress throughout the year Councilmember Sime requested that Nancy Doke Harrison, 200 West Mashta and Christian Johannsen, 212 West Mashta addressed the Council regarding the West Mashta sewer issue They requested a special taxing distnct and to be charged on a pro rata share for the pump station The Attorney addressed the Council on this issue and was directed to look into how to initiate a special taxing district vote by the residents Councilmember O'Reilly made a motion to authonze the Manager to direct C A P Engineering to proceed with engineenng plans for the West Mashta sewer The motion was seconded by Councilmember Fned 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 Mayor Festa gave a brief update on the Rickenbacker Toll issue Village Attorney The Attorney did not submit a report Village Clerk The Clerk submitted the following item to the Council for information letter to Village Clerk from United States Senator Connie Mack regarding high noise levels from aircraft over Key Biscayne, dated June 6, 1997 Village Manager The Manager addressed the Council regarding the proposed Police Department Grant recommending application for this program Councilmember O'Reilly made a motion to authorize the Manager to apply for this program The motion was seconded by Councilmember Fned and approved by a 4-2 voice vote Vice Mayor Padovan and Mayor Festa voting No The Manager presented to the Council a list of streets scheduled for complete paving The Manager requested withdrawal of this item The Manager presented to the Council an updated site analyses and their potential for development for future Village facilities The Manager reported on the Fire/Police proposed retirement plan The Attorney addressed the Council on this issue stating that he had found an attorney that will do the analysis for a fee not to exceed $4,000 The Manager brought to the Council's attention that since the Charter was amended he would like some direction regarding the 1997 Community Grant program Staff was directed to bring back to 4 of 5 Conchita H Alvarez, Village Clerk July 1, 1997 Council a simplified document for this process The following information items were submitted to the Council Letter to Mr Danny Hinson, ISO CRS, from Robert E McBeth, Chief, Mitigation Programs Branch, Federal Emergency Management Agency regarding the National Flood Insurance Program, dated June 19, 1997, Village of Key Biscayne Floodplain Management Plan Working Review Committee Membership list, Letter to Village Manager from Donald Keller, Media and Public Relations Chairman, American Legion, regarding the 4th of July Celebration, Memorandum to Village Manager from Huntington's Disease Society, dated June 25, 1997, regarding the Tnathlon to be held on the mormng of August 3, 1997 on the Rickenbacker Causeway, Village of Key Biscayne 1996 Annual Report pamphlet, DOT Won't Install Roadside Crosses, Memorandum to Village Manager from John C Gilbert, Chief of Fire Rescue regarding update of Voice Mail Telephone Number, dated June 27, 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 adjourned at 10 20 p m Res ully submitted IdAil° Approved this 26th day of August ,1997 . e..7 -1-4— / Jo in 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 5 of