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