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Home My Public Portal About11-19-96 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 19, 1996 (CONTINUATION OF MEETING OF NOVEMBER 14, 1996) 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The mayor called the meeting to order at 7:00 p.m.. Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan, Christina Dearing Reed, Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Assistant Village Clerk Vivien Mauri and Village Attorney Stephen Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: There were no minutes submitted for the Council's consider- ation. 4. SPECIAL PRESENTATIONS: The recipients of the 1996 employee development program grants were called to receive their grants: The following recipient was present to receive his check and addressed the council: Michael Bain. R. Aguiar, C. Greaves and T. Romero were absent and will receive their checks at another time. 5. PUBLIC COMMENTS: There were no public comments. 6. RESOLUTION: The clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REC- OGNIZING NATIONAL EPILEPSY AWARENESS MONTH, NOVEMBER 1996; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion to adopt the resolution. The motion was seconded by Vice Mayor Padovan and was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. 1 of November 19, 1996 7. REPORTS AND RECOMMENDATIONS: The following items were submitted. Mayor and Councilmembers: Mayor Festa introduced item 11-A-3 in which Lipton asks for per- mission to install the Lipton Championship Lightpole Banners for the tournament on March 3, 1997 to be taken down April 1, 1997. Vice Mayor Padovan made a motion to approve the re- quest. Mayor Festa seconded the motion and it was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Councilman Han, with the consensus of Council, set the date for the Goals and Objectives Work- shop for January 11, 1997 at 9:00 a.m. Councilman Han made a motion to discuss Council Procedures and Objectives. Councilman Padovan explained motions cannot be put on the floor if they are not an agenda item. Councilman Padovan and Mayor Festa suggested this item be put on the next agenda. Councilman Sime sug- gested to begin this discussion by looking at the procedures on record and any modifications adopted up to -date. Councilman Han withdrew the motion and requested to have this item included inn the next agenda. Councilman Han requested from staff to discuss a draft resolution about Councilman John Waid's absence and to include a proposal for future actions by the Council. Councilman Han requested this item be included in the agenda for the next Council meeting in November 26, 1996. Councilman Sime clarified an aspect of the Charter Revision Committee by stressing the fact that the Council actually makes the appointments for such committee and indicated that the next committee meeting is scheduled for December 10, 1996. The following residents addressed the council: Sam Davitian, 720 Myrtlewood Lane; Heidi Archibald, 881 Ocean Drive. The Village attorney indicated that an Executive Session had been set for next Tuesday, November 26, 1996 at 6:00 p.m. to update Council on pending Village litigations. Mayor Festa recommended to adopt the revised Draft Golf Cart Ordinance, under the attorney's report, as an agenda item on the next Council meeting of November 26, 1996 for first reading. Village Clerk: Mayor Festa opened the floor for vice -mayor nominations. Councilman Padovan made a motion to nominate Councilman Sime and was seconded by Councilman Reed. Councilman Fried made a motion to nominate Councilman Padovan and was seconded by Mayor Festa. The Mayor requested papers for voting. Subsequently, the votes were read by clerk assis- tant Vivien Mauri and Councilman Michele Padovan won the nomination four votes to two. 2 of 4 November 19, 1996 Mayor Festa read the item regarding the clerk's certification of the November 5, 1996 regular and recount election results and indicated that it was informational. The Village Attorney added that the Village Clerk's certification makes the County's certification effective. Mayor Festa made a motion to appoint Vivien Mauri as Deputy Clerk. The motion was seconded by Councilman Fried and adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Village Manager: Mayor Festa opened the discussion for the Manager's contract amendments. Councilman Padovan said she had no objections. Councilman Betty Sime referred to a Dade County Survey indicating that Key Biscayne holds the lowest millage rate and that such record demonstrate our Village Manager's good capacity and knowledge about what is good for the Vil- lage. Councilman Sime made a motion to approve the Manager's contract and it was seconded by Vice -Mayor Padovan. Councilman Han offered an amendment to section III -A and the Village Attorney read the amendment to read "...is willing and able and continuously available to perform his duties...". Councilman Han made a motion to approve the amended contract, the motion was seconded by Councilman Sime and approved by a voice vote was 6-0. The vote was as follows: Councilmembers Fried, Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes. Mayor Festa introduced another amendment in which he wished to strike out the wording "Board of Trustees" and replace with "Village Council". Attorney indicated that such change shall be conformed for all of the contract and that for such an amendment there is no need for a motion. Mayor Festa pointed out as a clarification point that "point a" does not substitute for "point a" and made a motion to replace votes from council, under current contract is 4 to 3, to be amended to "unanimous". Motion failed by a 4-3 vote. The vote was as follows: Councilman Han, O'Reilly, Reed and Sime voted No. Councilmembers Fried, Vice Mayor Padovan and Mayor Festa voting Yes. Councilman Han's motion was adopted by a 5-2 vote. The vote was as follows: Councilmembers Fried, Han, Reed, Sime and Vice Mayor Padovan voting Yes. Councilmember O'Reilly and Mayor Festa voted No. There was extensive discussion by Council on the Manager's contract. Village resident Eduardo Benet, 77 Crandon Boulevard, addressed the Council. Mayor Festa introduced Village Engineer Carlos Penin who addressed the Council regarding agenda item: "Executive Summary" and explained the alternatives and costs to the Village. After extensive discussion it was the consensus of the Council to further consider this matter at a later meeting in which Village Engineer could come back with further analysis of the options. Staff was instructed to provide Council at a future Council meeting with additional information on complete feasibility study from which the Executive Summary is part of. 3 of November 19, 1996 Village Residents, Martha Broucek, 170 Ocean Lane Drive, and Guy Smith, 701 Fernwood also addressed the Council. The Community Center Proposed Workshop dates were read by the Mayor and the meeting, January 9, 1997, 7:00 P.M. was changed to Tuesday, January, 7th, 1997. Mayor Festa called for a voice vote. All Councilmembers voted in favor of the change of date. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: a schedule of future meetings was pre- sented to the Council and public. 14. ADJOURNMENT: The meeting adjourned at 10:00 p.m. Respectfully submitted: Vivien Ma ri, Deputy Clerk Approved by the Village Council this 14th Day of January / ,4 o F. Festa ayor SW , 1997 IF A 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. 4 of 4