HomeMy Public PortalAbout10-15-96 Special Council Meeting.tifMINUTES
SPECIAL VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 15, 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 Village Clerk at 7 05 p m Present were Councilmembers Raul Llorente, Michele Padovan, Betty
Sime, Raymond Sullivan, Hugh O'Reilly and Mayor John Festa (arrived at 7 50 p m) Vice Mayor
John Wald was absent Also present were Village Manager Samuel Kissinger, Village Clerk
Conchita Alvarez and Village Attorney Richard Weiss
By unanimous consent Councilman Sullivan was elected to serve as Mayor pro tem in the absence
of the mayor and vice mayor
2 INVOCATION Attorney Weiss gave an invocation
3 PLEDGE OF ALLEGIANCE Councilman Sullivan led the Pledge of Allegiance
4 APPROVAL OF MINUTES The minutes of the budget hearing of September 12, 1996,
the minutes of the special meeting of September 24, 1996, the minutes of the special meeting of
September 26, 1996 and the minutes of the special meeting of October 3, 1996 were adopted by
unanimous consent
5 AGENDA Councilman Padovan requested the addition of discussion regarding the transfer
of the fireworks funds as item 10-A-2
Ate -
6 SPECIAL PRESENTATIONS Councilman Sullivan introduced Barbara Hunsaker, 285
Ridgewood Road, President, Key Biscayne Elementary Parents and Teachers Association, who
introduced Cynthia Cutler, 251 Crandon Boulevard, Chairman, Key Biscayne Technology Trust
Foundation Ms Cutler made a plea to the Council for support to establish the foundation Christine
Master, District Director for Instructional Technology for Dade County Public Schools, and Victor
Alonso, Regional Supervisor Capital Improvement Projects for Dade County Public Schools also
addressed the Council
Councilman Padovan made a motion to award $45,000 to the foundation ($20,000 from
FY96 and $25,000 from FY97) The motion was seconded by Councilman O'Reilly
Councilman O'Reilly made an amending motion to award the foundation a grant in the
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October 15, 1996
amount of $25,000 per year for a 3 year penod The motion was seconded by Councilman
Sullivan with the provision that there would be accountability after each year and no
additional funds would be granted m the future years if there was a lack of accountability
The amendment was adopted by a 6-0 voice vote The amended Padovan motion was
adopted by a 6-0 roll call vote The vote was as follows Councilmembers Padovan, Sime,
Sullivan, Llorente, O'Reilly and Mayor Festa voting Yes
The mayor introduced James Taintor III, 355 Harbor Drive who made a presentation on the Flood
Insurance Program, Windstorm Shutter Credit and Community Rating System
The following residents addressed the Council on this issue Haydee Archibald, 881 Ocean
Drive and Martha Broucek, 170 Ocean Lane Dnve
By consensus of the Council, Item 10-D-2, a 1995-96 Community Assistance Grant Application was
considered at this time
Luis Arrondo, 350 Grapetree Drive, #406, representing Cub Scout Pack 322 addressed the
Council regarding this organization Councilman Padovan made a motion to approve the
application and was seconded by Councilman Sullivan
Greg Han, 685 Curtiswood, addressed the Council
The motion was approved by a 5-1 roll call vote The vote was as follows Councilmembers
Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes Mayor Festa voting No
7 PUBLIC COMMENTS There were no speakers present
8 ORDINANCES The clerk read the follow'.1g ordinance, on first reading by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING
CHAPTER 28 "SIGNS" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE
BY REVISING CRITERION AND RESTRICTIONS CONCERNING SIGNS,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
John Little, Director of Building, Zoning and Planning, addressed Council regarding the proposed
ordinance
After extensive discussion it was the consensus of the Council to further consider this matter at their
November 12 Council Meeting
The mayor opened a public heanng The following residents addressed the Council Jim Brewster,
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October 15, 1996
500 North Mashta Drive, member of the Key Biscayne Chamber of Commerce Sign Committee,
Conchrta Suarez, 201 Crandon Boulevard, Bill Ofgant, 512 Fernwood, Bill Durham, 748 Glenndge
Road, President, Key Biscayne Chamber of Commerce, Mortimer Fned, 249 Harbor Court, Haydee
Archibald, 881 Ocean Drive, and Martha Broucek, 170 Ocean Lane Drive
There was extensive discussion on the proposed ordinance Mayor Festa made a motion to adopt
the ordmance The motion was seconded by Councilman O'Reilly Councilman Sime made a
second to the motion to go back to the onginal language on the number of signs per original code
The amendment to the motion failed on a 3-3 voice vote Mayor Festa made an amendment to the
motion to have no Open House signs on Crandon Boulevard The amendment to the motion was
seconded by Councilman O'Reilly The amendment was adopted on a 6-0 voice vote Councilman
Sullivan made a motion to amend window area signs from 35% to 20% The motion was seconded
by Councilman Padovan The motion failed on a 3-3 voice vote The ordinance was adopted as
amended on a 5-1 roll call vote The vote was as follows Mayor Festa, Councilmembers Llorente,
O'Reilly and Sime voting Yes Second reading of the ordinance was scheduled for November 12,
1996
The clerk read the following ordinance, on first reading 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 CREATING DIVISION 3 "SALARY"
TO ENACT SECTION 2-59 "SALARY CAPT' ESTABLISHING A SALARY CAP IN
THE AMOUNT OF $ 105,000 00 AS THE MAXIMUM ANNUAL SALARY THAT
CAN BE PAID BY THE VILLAGE TO ANY EMPLOYEE, PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
The Mayor made a motion adopting the ordmance The ordinance was seconded by Councilman
O'Reilly The Mayor made a motion to make an amendment to fill in the blank at $105,000 The
amendment was seconded by Councilman O'Reilly
There was extensive Council discussion regarding the proposed ordinance
Councilman O'Reilly proposed an amendment to Section 2-59 of the ordinance by striking "as made
by the Village Council from time to time" and inserting "That the Manager will use the U S
Department of Labor, Bureau of Labor Standards " The amendment was seconded by Councilman
Llorente
Councilman Sime made a motion to defer the ordinance to the November 14 Council meeting It
was seconded by Councilman Sullivan The motion was adopted by a 6-0 voice vote
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October 15, 1996
9 RESOLUTIONS The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
EXPRESSING SYMPATHY IN THE DEATH OF LUISA B DE LA PEZUELA,
PROVIDING FOR AN EFFECTIVE DATE
Councilman Sime made a motion adopting the resolution The motion was seconded by Councilman
Sullivan Resolution 96-28 was adopted by 6-0 voice vote
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 20-26, 1996, AND
ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND
CORRESPONDING ACTIVITIES
Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman
Sime Resolution 96-29 was adopted by a 6-0 voice vote
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ESTABLISHING OCTOBER 1996, AS THE FIRST ANNUAL INVASIVE
NONNATIVE PLANT ERADICATION AWARENESS MONTH, PROVIDING FOR
AN EFFECTIVE DATE
Mayor Festa made a motion adopting the resolution The motion was seconded by
Councilman Sime
After some discussion, Councilman Llorente made a motion to defer the resolution to the
November 12 Council Meeting There was no second to the motion
Resolution 96-30 was adopted by 6-0 voice vote
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ESTABLISHING A POLICY FOR AN ANNUAL EMPLOYEE COST OF LIVING
ADJUSTMENT, PROVIDING FOR AN EFFECTIVE DATE
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October 15, 1996
Mayor Festa made a motion to adopt the resolution and it was seconded by Councilman
Padovan The mayor made a motion to defer this resolution to the November 12 Council
Meeting Motion to defer was approved by a 6-0 voice vote
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY
BISCAYNE CHAMBER OF COMMERCE, PROVIDING FOR AN EFFECTIVE
DATE
Bill Durham, 748 Glendndge Road, President, Key Biscayne Chamber of Commerce
addressed the Council
At this time, the Council discussed the transfer of the funds to the Recreation Department
from the Key Biscayne Chamber of Commerce for the Village's 4th of July Fireworks
Program
After extensive discussion, Councilman Llorente made a motion transfenng the funding of
the 4th of July Fireworks Program to the Recreation Department The motion was seconded
by Councilman Sime and was adopted by a 6-1 voice vote The vote was as follows
Councilmembers O'Reilly, Padovan, Sime, Sullivan and Llorente voting Yes Mayor Festa
voting No
The Mayor made a motion to adopt the resolution The motion was seconded by
Councilman Sime Resolution 96-31 was adopted by a 6-0 voice vote
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ACCEPTING A DONATION IN THE AMOUNT OF $4,000 FROM OCEAN CLUB
DEVELOPMENT AND $1,000 FROM TANENBAUM-HARBER CO , INC FOR THE
PURCHASE OF TECHNICAL RESCUE EQUIPMENT FOR THE FIRE RESCUE
DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE
Mayor Festa made a motion to adopt the resolution The motion was seconded by Councilman
Sime Resolution 96-32 Was adopted by a 6-0 voice vote The vote was as follows Mayor Festa,
Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes
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October 15 1996
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY
BISCAYNE ATHLETIC CLUB, PROVIDING FOR AN EFFECTIVE DATE
Mayor Festa made a motion to adopt the resolution The motion was seconded by Councilman
Sime Resolution 96-33 Was adopted by a 6-0 voice vote The vote was as follows Mayor Festa,
Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers The Mayor requested that the Village Attorney prepare for first reading
a proposed ordinance regarding the use of Golf Carts on municipal streets
Jim Taintor, 355 Harbor Dnve, addressed the Council m reference to insurance requirements for golf
carts The Police Chief was directed by Council to do research m reference to insurance and license
plate requirements and come back with recommendations at next meeting It was the consensus of
the Council to bnng this issue back to the November 12, 1996 Council Meeting
Village Attorney The attorney informed the Council of a letter received by the Fire Rescue
Department from the Department of Labor in reference to a firefighter filing a complaint questioning
the method in which we were paying for training while obtaining paramedic certification The
attorney also discussed a letter from Bryan O'Neil, 230 Glenndge Road, requesting permission to
put a nativity scene on the Village Green
Village Clerk The Clerk submitted an activity report and requested approval for travel to the
Flonda Association of City Clerks' Certification Instit,Ace to be held at Ponte Vedra Beach, Florida
The Mayor moved a motion to approve travel and it was seconded by Councilman Sime It was
approved by a 6-0 voice vote The vote was as follows Mayor Festa, Councilmembers Llorente,
O'Reilly, Padovan, Sime and Sullivan voting Yes
Village Manager The manager requested the deferral of discussion regarding the Fernwood Sanitary
Sewer Extension Inga Michaels, 525 Fernwood, addressed the Council
0
The manager presented to the Council a list of employees qualifying for the 1996 Employee
Development Program The manager requested a waiver from the requirement for an employee to
remain in employment one full year after completion of approved course instruction for former
Village Clerk Guido Inguanzo Councilman O'Reilly made a motion to grant the waiver The
waiver was seconded by Councilman Sime It was approved by a 6-0 voice vote The vote was as
follows Councilman Padovan, Sime, Sullivan, Llorente, O'Reilly and Mayor Festa voting Yes
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October 15, 1996
The manager requested approval for the purchase of three (3) 1997 Fords, 4 door model, police
patrol vehicles Councilman O'Reilly made a motion to approve the purchase of the police patrol
vehicles at a cost of $60,279 67 via Metro Dade Government bid number 5459-0/97 The motion
was seconded by Councilman Sime and adopted by a 6-0 voice vote The vote was as follows
Mayor Festa, Councilmembers Llorente, O'Reilly, Padovan, Sime and Sullivan voting Yes
The Council discussed matters relating to the Village Manager's employment contract Councilman
Sime made a motion approving a proposed contract for the manager The motion was seconded by
Councilman Sullivan Councilman Padovan made a motion to extend the meeting Mayor Festa
seconded the motion to extend the meeting to 11 30 p m and failed by a vote of 3-3 The vote was
as follows Mayor Festa, Councilmembers Sime and Padovan voting Yes Councilmembers
Sullivan, Llorente and O'Reilly voting No The motion was reconsidered by Councilman Llorente
and seconded by Mayor Festa The motion was approved by a 6-0 voice vote The vote was as
follows Councilmembers Padovan, Sime, Sullivan, Llorente O'Reilly and Mayor Festa voting Yes
Mayor Festa made a motion to extend the meeting to 11 25 p m and was seconded by Councilman
Sullivan The motion was approved by a 6-0 voice vote The vote was as follows Councilmembers
Padovan, Sime, Sullivan, Llorente O'Reilly and Mayor Festa voting Yes After extensive discussion
it was the consensus of the Council to further consider this matter at their November 12 Council
Meeting
The manager informed the Council and public that a Veterans Day Celebration on November 11,
1996 will be held in cooperation with the American Legion Post and will be held at the Village
Green
11 OTHER BUSINESS/GENERAL DISCUSSION The mayor directed the village clerk to
invite representatives of the Safe Neighborhood Parks Act to the next meeting for a presentation
regarding that matter —
The manager requested permission to install a sign on the Village Green similar to signs used by the
Dade County Parks Department There was no objection to this matter
Councilman Llorente congratulated the new Village Clerk on her first meeting
12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings was
presented to the Council and public
13 ADJOURNMENT The meeting adjourned at 11 20 p m
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October 15, 1996
ctfully sub tted
ifOeri°
Conchita H Alvarez
Village Clerk
Approved by the Village Council
this 15th day of October ,1996
4__
F Festa
ayor
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANYMA TTER 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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