HomeMy Public PortalAbout03-12-96 Regular Council Meeting.tifMINUTES
VILLAGE CONCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, MARCH 12, 1996
COUNCIL CHAMBER
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 Raul Llorente, Hugh O'Reilly, Michele
Padovan, Betty Sime (amved at 7 05 p m ), Raymond Sullivan, Vice Mayor John Wald, and Mayor
John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo
(arrived at 7 15 p m ), Village Attorney Richard Weiss, and Assistant to the Village Manager
Yocelyn Galiano Gomez (serving as Acting Deputy Village Clerk)
2 INVOCATION The attorney gave an invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance
4 APPROVAL OF MINUTES By unanimous consent, the minutes of the regular meeting
of February 13, 1996, the minutes of the continuation meetmg of February 27, 1996, the minutes of
the special meetmg of February 27, 1996, and the minutes of the special meetmg of March 7, 1996
were adopted
5 AGENDA Councilman Padovan requested that Item 10 -D -1-d be heard as Item 10-A-2
There were no objections
Atthis time, Councilman O'Reilly recognized Dade County Commission candidate Mavel Cruz who
briefly addressed the Council and public
Councilman Padovan displayed one of the recently purchased "flag" banners for use on Crandon
Boulevard
6 SPECIAL PRESENTATIONS Fire Rescue Chief William Huddleston presented the
department's first firefighter of the year award to Deputy Fire Rescue Chief John Gilbert
Richard Pollock, distract manager of Winn -Dixie Stores, and Robert Sperry, manager of Hyde Park
Market, addressed the Council regarding the proposed shopping cart regulation ordinance
7 PUBLIC COMMENTS There were no speakers present
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March 12 1996
8 ORDINANCES The acting deputy clerk read the following ordinance, on first readmg, by
title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING
CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE
IV, "FINANCE," BY ENACTING SECTION 2-62 "LATE PAYMENT CHARGE, SPECIAL
ASSESSMENT LIEN FOR DELINQUENT SOLID WASTE AND RECYCLING SERVICE
FEES," PROVIDING FOR IMPOSITION AND COLLECTION OF SUCH LIENS AND LATE
PAYMENT CHARGES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE
Mayor Festa made a motion adopting the ordinance The motion was seconded by Vice Mayor
Wand
As recommended by the attorney, Mayor Festa offered the following amendment to Section 2-62(a)
of the ordinance
Fees imposed by the Village Council for the collection of solid waste and for the providing
of recycling services shall be due and payable not later than the due date indicated upon such
bill of the Village Such due date shall be not later than the 15th day of February for service
provided by the Village in the immediately preceding annual period of October 1st of the
pnor year to September 30th of the prior current year
The Festa motion was seconded by Councilman Sime and adopted by a unanimous roll call vote
The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sure, Sullivan, Vice Mayor
Wand, and Mayor Festa voting Yes
The amended ordinance was adopted on first readmg by a unanimous roll call vote The vote was
as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Wald and
Mayor Festa voting Yes
The clerk announced the second reading of the ordinance for Apnl 9, 1996 at 7 00 p m
The clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING
CHAPTER 30, "ZONING," OF THE VILLAGE CODE BY ENACTING ARTICLE IV,
"ALCOHOLIC BEVERAGES," TO PROVIDE FOR THE REGULATION OF HOURS OF
SALE OF ALCOHOLIC BEVERAGES, PROVIDING DEFINITIONS, CONTINUING
COUNTY ZONING RESTRICTIONS ON LOCATION OF PLACE OF BUSINESS,
PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN THE CODE AND AN
EF'r'ECTIVE DATE
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March 12, 1996
David Wolpin, of the Village Attorney's Office, made a presentation to the Council
The following citizens addressed the Council Tony O'Donnel, 701 Bnckell Avenue, Miami, John
Thompson, 881 Ocean Drive, Bob Charbonneau, 208 Southeast 9 Street, Fort Lauderdale, Jim
Aldndge, 596 Fernwood Road, John Conover, 881 Ocean Drive, Rocco Pace, 177 Ocean Lane
Drive, Tom Flynn, 251 Buttonwood Dnve, James Brewster, 500 North Mashta Dnve, Haydee
Archibald, 881 Ocean Dnve, Mortimer Fned, 291 Harbor Court, Mark Rothenberger, 24 Crandon
Boulevard, Tony Came.)o, 151 Crandon Boulevard, Nelson Zambrano, 83 Harbor Drive, John
Catalian, 24 Crandon Boulevard, David Swanson, 55 Ocean Lane Drive, Scott Bass, 201 Galen
Drive, David Wallace, 55 Ocean Lane Drive, William Hoskin, 177 Ocean Lane Dnve, Donald
Berg, 200 Ocean Lane Dnve, and Lmda Brandin, 710 Harbor Dnve
Police Chief Michael Flaherty also addressed the Council
After extensive discussion, Councilman Padovan made a motion to table the ordinance until such
time as a workshop has been scheduled to further discuss the matter The motion was seconded by
Councilman O'Reilly and adopted by a 5 - 1 - 1 roll call vote The vote was as follows
Councilmembers O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Vice Mayor Wald
voted No Councilman Llorente abstained
At this time, Police Chief Flaherty recognized the following members of the Police Department and
presented each with an employee recogmztion award Police Officer Cathy McElhaney, Police
Officer Colana Duke, Police Officer Ted Zorsky, Police Dispatcher Claudia Cortes, and Police
Dispatcher Francisco Hernandez
The clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 410 OF THE CHARTER OF THE VILLAGE OF KEY BISCAYNE TO REQUIRE
REFERENDUM APPROVAL FOR INCREASING VILLAGE DEBT BY MORE THAN ONE
MILLION DOLLARS, CREATING SECTION 411 IMPOSING AN OVERALL LIIVIIT ON
VILLAGE DEBT, CREATING SECTION 412 REQUIRING THAT UNEXPENDED
APPROPRIATIONS BE USED TO REDUCE DEBT AND TAXES, PROVIDING FOR
REQUISITE BALLOT LANGUAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CHARTER AND AN EFFECTIVE DATE
Attorney Weiss made a brief presentation to the Council
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March 12 1996
The following residents addressed the Council James Brewster, 500 North Mashta Dnve, Gary
Gross, 211 Island Drive, Mortimer Fried, 291 Harbor Court, Michael Kahn, 881 Ocean Dnve,
Haydee Archibald, 881 Ocean Drive, John Thompson, 881 Ocean Dnve, Robert Brookes, 95 West
McIntyre Street, Camile Guething, 260 Seaview Dnve, Sidney Cooper, 170 Ocean Lane Drive,
Louis Alcebo, 425 Grapetree Drive, Joe Rasco, 310 West Heather Dnve, Tony Cameo, 151
Crandon Boulevard, and Jim Levitt, 240 Island Dnve
Percy Aguila, the Village's financial advisor, also addressed the Council
Councilman Padovan made a motion to table the ordinance until such time as a workshop is
scheduled to further discuss the matter The motion was seconded by Councilman Sime and adopted
by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly,
Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes
The Council also concurred to appoint a committee to study the issue
The clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REPEALING
ORDINANCE NO 93-19 SO AS TO PERMIT THE VILLAGE TO WITHDRAW ITS
CERTIFICATION WITH 'FHE FEDERAL COMMUNICATIONS COMMISSION TO
REGULATE BASIC TIER CABLE RATES, AND PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE
The mayor opened the public heanng There were no speakers present
Mayor Festa made a motion adopting the ordinance The motion was seconded by Councilman
Padovan and adopted by a 6 - 0 - 1 roll call vote The vote was as follows Councilmembers
O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes Councilman
Llorente was absent during the vote
9 RESOLUTIONS The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A HISTORIC
PRESERVATION GRANT AWARD AGREEMENT, ON BEHALF OF THE
VILLAGE, WITH THE STATE OF FLORIDA, TO RECEIVE A COMMUNITY
EDUCATION GRANT FOR THE KEY BISCAYNE HERITAGE TRAIL PROJECT,
APPROPRIATING MATCHING FUNDS, PROVIDING FOR AN EFFECTIVE
DATE
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March 12, 1996
Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman
Padovan Resolution 96-3 was adopted by a 5 - 0 - 2 voice vote The vote was as follows
Councilmembers O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilman
Llorente and Vice Mayor Waid were absent dunng the vote
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT, ON
BEHALF OF THE VILLAGE, WITH SOUTH MIAMI GRAFIX, MIAMI, FLORIDA,
FOR THE PROVISION OF SCANNING SERVICES FOR THE BUILDING,
ZONING AND PLANNING DEPARTMENT, PROVIDING FOR AN EFFECTIVE
DATE
Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman
Sime Resolution 96-4 was adopted by a 5 - 0 - 2 voice vote The vote was as follows
Councilmembers O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilman
Llorente and Vice Mayor Waid were absent dunng the vote
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers The mayor discussed residents' concerns regarding the Intersection
of Crandon Boulevard and Key Colony Jeffrey Cohen, of the Metro -Dade County Public Works
Department, addressed the Council and discussed a recent traffic study of that intersection
Councilman Padovan made a presentation regarding the Key Biscayne Beautication Foundation's
recommendations for landscaping of the medians on Ocean Lane Dnve Cecile Sanchez,
representing the foundation, addressed the Council Council Llorente made a motion adopting the
recommendations of the Key Biscayne Beautification Foundation The motion was seconded by
Mayor Festa and adopted by a 5 - 1 - 1 voice vote The vote was as follows Councilmembers
Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes Councilman Sime voted No
Vice Mayor Waid was absent dunng the vote
Mayor Festa made a motion extending the meeting until 11 30 p m The motion was seconded by
Councilman Sullivan and adopted by a 5 - 1 - 1 voice vote The vote was as follows
Councilmembers Lloente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes Councilman
Sime voted No Vice Mayor Waid was absent dunng the vote
Village Attorney The attorney did not submit a report
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March 12, 1996
Village Clerk The clerk did not submit a report
Village Manager The manager gave an update on Fernwood Road Sidewalk Construction project
The following citizens addressed the Council Carter Rungi, 735 Fernwood Road, Joe
Rasco, 310 West Heather Dnve, Michael King, 745 Fernwood Road, and Henny Becker,
290 West Mashta Dnve
Village Engineer Carlos Penn also addressed the Council
Mayor Festa made a motion awarding a contract, in the amount of $126,410 00, to MEF
Construction, Miami, Flonda, for the construction of Phase 1 of the Fernwood Road
sidewalk construction project The motion was seconded by Councilman Sullivan and
adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly,
Padovan, Sime, Sullivan, and Mayor Festa voting Yes
Mayor Festa made a motion awarding a contract, m the amount of $197,790 00, to MEF
Construction, Miami, Florida, for the construction of Phase 2 of the Fernwood Road
sidewalk construction project The motion was seconded by Councilman Llorente and
adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly,
Padovan, Sime, Sullivan, and Mayor Festa voting Yes
Mayor Festa made a motion approving staff's recommendation regarding the color section
for the sidewalk The motion was seconded by Councilman Sime and failed on a 3 - 3 - 1
voice vote The vote W s as follows Councilmembers O'Reilly, Sime and Mayor Festa
voting Yes Councilmembers Llorente, Padovan and Sullivan voted No Vice Mayor Wald
was absent during the vote
Village Engineer Penn gave a bnef update regarding the West Mashta Bndge Reconstruction
project
The manager announced that a staff workshop has been scheduled for March 19, 1996, at 7 00 p m ,
to discuss West Mashta Drive traffic calming
The manager also announced that a staff workshop has been scheduled for March 28 1006 At 7 00
p m , to discuss the implementation of the Village's sign regulation code
The manager presented to the Council a copy of the 1996 Community Assistance Grant Program
application
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March 12 1996
The manager presented the following informational items the monthly departmental reports, a letter
from Joanquin Urrechaga, Dade County Public Works Department, regarding Crandon
Boulevard/Ocean Lane Dnve intersection, dated February 15, 1996, a letter from the Chief of Police,
to Pedro Hernandez, Dade County Public Works Department regarding "No Beach Access" signs
for Ocean Lane Dnve, dated February 28, 1996, a letter from the Village Manager, to
apartment/condomuuum managers, regarding solid waste service, dated March 1, 1996, a
memorandum from Sandra Goldstein, Village Resource Volunteer, regarding Baynanza Week, dated
March 4, 1996, a copy of an agreement between the Village and Peery Critters dated March 4, 1996,
a notice from the Dade Hentage Trust regarding the Cape Flonda Lighthouse re -lighting ceremony
and gala party dated March 5, 1996, a memorandum from James Decocq, RSMAS Beach
Consultant, regarding monthly beach preservation and restoration report, dated March 6, 1996, a
letter from the Village Manager, to residents of Fernwood Road, regading Sidewalk Construction
Project, dated March 6, 1996, a copy of "Storm Drainage Construction in your Neighborhood"
notice, a copy of registration form for Flonda League of Cities Legislative Action Day, and a copy
of notice to area landscapers regarding dump site information
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings was
presented to the Council and public
13 ADJOURNMENT The meeting was adjourned at 11 35 p m
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March 12 1996
Respec ► s bmutted
Guido H uanzo, Jr , CMC
Villag : Clerk
Approved by the Village Council
this 9th day of April, 1996
n 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
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