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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 Page 1 of 8 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 Page 2 of 8 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 Page 3 of 8 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 Page 4 of 8 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 Page 5 of 8 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 Page 6 of 8 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 Page 7 of 8 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 Page 8 of 8