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Home My Public Portal About01-16-97 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JANUARY 16, 1997 (CONTINUATION OF MEETING OF JANUARY 14, 1997) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The mayor called the meeting to order at 7 06 p m Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Christina Reed, Vice Mayor Michele Padovan and Mayor Festa Councilmember Betty Sime was absent Also present were Village Manager Samuel Kissinger , Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 REPORTS AND RECOMMENDATIONS The following items were submitted Mayor Festa made an announcement that the Debt Cap Ordinance will be brought up for reconsideration at 8 00 p m Village Attorney The attorney addressed the council on a follow up on lobbying contracts on Quasi Judicial matters The attorney suggested to draft an ordinance which prohibits exparte communications on quasi judicial matters altogether Mayor Festa made a motion to draft an ordinance prohibiting exparte communications on quasi judicial matters, but permitting site visits The motion was seconded by Councilman O'Reilly and approved by a 5-1 voice vote The vote was as follows Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Councilman Han voting No The attorney addressed the council on Ad Valorem Taxation for Stormwater Utility charges Councilman Fned requested that the attorney look into how we could change the manner in which we pay for our stormwater utility and put it in with the Ad Valorem Tax The attorney requested permission from council to look into this and bnng a report on this matter at another council meeting Sam Davitian, 720 Myrtlewood Lane, Haydee Archibald, 881 Ocean Drive addressed the council By council consensus the manager was directed to look into this matter The attorney presented to the council a proposed draft ordinance that would create a municipal motor vehicle parking lot by the Beach Club property and would provide the issuance of decals to residents for the purpose of parking there 1 of January 16, 1997 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 IN CERTAIN AREAS TO FACILITATE OCEANFRONT PARK ACCESS, PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN THE CODE, IMPLEMENTATION AND AN EFFECTIVE DATE Mayor Festa suggested to delete section (h) Exemptions Vice Mayor Padovan suggested to add in the first WHEREAS clause "for Key Biscayne residents only" and m section (f) add after quality of life "maintain the property values" and add "crime" after noise In section (c)(2) add "car registration, driver's license and FPL bill" By council consensus the attorney was directed to bring back this proposed ordinance with the changes suggested by council The attorney discussed a letter from Stephen J Helfman, Village Attorney, dated January 8, 1997 m reference to Ocean Club Beach Park The letter states that the acceptance of the dedication of the ocean front land was expressly conditioned upon the delivery of an opinion of title from the developer's law firm, White and Case, evidencing the fact that the title to the land is free and clear of any hens or encumbrances which would affect the Village's use and enjoyment of the property for public beach purposes An opuuon of title from the White and Case firm was received on June 7, 1996 by the attorney, which was unacceptable as it contained multiple exceptions to title A revised opinion of title was requested and delivered on July 19, 1996, but contained reference to a particular restriction on a portion of the property which restncted use of that portion of the property to a "pnvate beach and recreation area" On August 7, 1996 a letter was written by the Village Attorney to the attorneys for the Ocean Club advising them that the restriction on the use of the property was unacceptable to the Village and that the restriction must be released from the property or another acceptable solution must be provided There was extensive discussion on this item from council The attorney presented some options to council suit to quiet title, declaratory judgement, the title insurance alone is not sufficient, the Village should request another piece of land that does not have this problem By council consensus the Ocean Club is responsible to solve this problem The attorney then proceeded to discuss the situation with the Town of Surfside The Town of Surfside erected some traffic control devices and the County objected and filed suit against Surfside Surfside is looking for support from other municipalities on this issue against the County By council consensus the attorney was authorized to speak to their attorney to see what other cities were doing in reference to this issue Mayor Festa made a motion to reconsider the debt cap ordinance Vice Mayor Padovan seconded the motion and it was approved by a 4-2 roll call vote The vote was as follows Mayor Festa, Councilmembers Fried, Reed and Vice Mayor Padovan voting Yes Councilmembers Han and O'Reilly voting No 2 of January 16, 1997 Councilman Han made a motion to continue the public heanng at the February 11, 1997 council meeting Councilman O'Reilly seconded the motion and it failed by a 5-1 roll call vote The vote was as follows Councilman Han voting Yes Mayor Festa, Councilmembers Fried, O'Reilly, Reed and Vice Mayor Padovan voting No Michael Kahn, 881 Ocean Drive addressed the council on this issue Councilman O'Reilly made a motion to amend the ordinance to say "shall put aside $500,000 per year for reserve funds for 4 years, effective in the year 2001" The motion was seconded by Mayor Festa and approved by a 6-0 roll call vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Mayor Festa made a motion to adopt the ordinance as amended The motion was seconded by Vice Mayor Padovan and it was approved by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Martha Broucek, 170 Ocean Lane Dnve, Haydee Archibald, 881 Ocean Drive addressed the council Village Clerk The clerk submitted a report on her meeting with Metropolitan Dade County Elections Department on the upcoming Special Election for the 1997 Debt Cap Referendum Village Manager Mayor Festa made a motion to reconsider the motion to amend the 1996-1997 budget to include a donation to Crime Stoppers The motion was seconded by Councilman O'Reilly and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Councilman O'Reilly made a motion to make a $1000 donation to Cnme Stoppers The motion was seconded by Vice Mayor Padovan Councilman O'Reilly made an amendment to his motion to increase the donation to $2,000 The amendment was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes The budget was approved as amended by a 6-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes The manager requested permission to attend an Integrated Emergency Management Course together with the Police and Fire Chiefs, a representative from the Building, Zoning and Planning Department at a date to be determined Permission was granted by council consensus 3 of January 16, 1997 A request from a citizen for additional lights in the Village Green Park was presented to council Vice Mayor Padovan made a motion to deny the request The motion was seconded by Councilman Han Mayor Festa made a motion to defer this to the next council meeting Councilman Reed seconded the motion and it was approved by a 5-1 voice vote The vote was as follows Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han, voting No The manager submitted for information purposes the Ocean Lane Dnve improvement program to include sodding and planting trees This program will take place during the summer The manager reported that he had a very successful meeting with the Metropolitan Dade County Public Works Department in reference to the Crandon Boulevard improvement program Dade County is very much interested m participating and working with the Village on this project The manager made a progress report on the Lake Park Walkway and Ocean Park It was suggested to have a formal dedication ceremony with the Mayor accepting the Lake Park The manager was instructed to bnng back to Council a date for the ceremony The manager requested approval for the renewal of the Animal Control Contract to be extended for the 1997 Fiscal Year The Village is currently charged $50 per racoon with a guarantee of 250 racoons per year The manager was requested to negotiate lowenng the amount guaranteed to 200 racoons per year The manager reported to Council that some changes were made to the Noise Ordinance and sent to the attorney The manager was directed to bring this item back before council after the Valentine's day event on the Village Green Mayor Festa made a recommendation in reference to the 1997 Council Meeting schedule The mayor requested to move the Zoning Hearing of July 22, 1997 to August 26, 1997 and the Council Meeting of July 8, 1997 be moved to July 1, 1997 There were no objections to the request The manager presented a letter from Jeffrey D DeCarlo, Ruden McClosky Smith Schuster & Russell, P A , dated January 7, 1997 in reference to borrowing from the State for the Sanitary Sewer Construction Program The mayor congratulated the manager on the award won by the Village with the Five Year Progress Report The manager presented the following information items the monthly departmental reports, December 1996 Monthly Report Pesky Critters, December 1996 Monthly Report Key Biscayne Chamber of Commerce, News Article, Sun -Sentinel Wednesday, December 25, 1996 "Bill would 4 of 5 January 16, 1997 let Cities run their schools", letter from Metropolitan Dade County Traffic Signals & Signs Division, Grand Award won by The Village of Key Biscayne with "Key Biscayne Our Island Paradise, Five Year Progress Report", Memorandum from John P Little Director of Building, Zoning and Planning in reference to Post Office delivery 11 OTHER BUSINESS/GENERAL DISCUSSION 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 9 45 p m Respectfully submitted -) 2,1,‘/Ne onchita H Alvarez, Village Clerk Approved this 11th day of February ,1997 ,- -3- 9,-4. F Festa yor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT 70 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