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Home My Public Portal About12-02-96 Regular Council Meeting (Continuation Of 11-26-96 Meeting).tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, DECEMBER 2, 1996 (CONTINUATION OF MEETING OF NOVEMBER 26, 1996) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The mayor called the meeting to order at 7 30 p m Present were Mayor Festa, Councilmembers Mortimer Fned, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan, Councilmembers Christina Reed and Betty Sime (arrived at 7 40 p m) Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 PLEDGE OF ALLEGIANCE The mayor led the pledge of allegiance 3 APPROVAL OF MINUTES No minutes were submitted for approval 4 SPECIAL PRESENTATIONS Firefighter T Romero, recipient of the 1996 employee development program was called to receive her grant 6 REPORTS AND RECOMMENDATIONS Mayor and Councilmembers Councilman Han presented to council the issue on speakers time limit at council meetings It was suggested that guidelines be published and given to the public setting a time limit and then make a motion to extend the time Councilman Fried suggested a 3 minute time limit for the public, subject to the nght to extend Mayor Festa made a motion to bnng back proposed changes to resolution 95-10 and then have public input By council consensus staff was directed to draft amendments to the resolution There was extensive discussion from council on this issue Councilman Han presented to council the effects of Councilman Waid's absence and the way it cnppled the council Councilman Han requested a resolution be drafted stating Councilman Waid's actions Mayor Festa explained how the charter language precluded the council from taking action and suggested this issue should be addressed by the Charter Review Committee Councilman Han made a motion to draft a resolution regarding Councilman Waid's absence The motion was seconded by Councilman Fned Vice Mayor Padovan made a motion to amend the Han motion by deleting Councilman Waid's name and inserting the word "councilmember" instead The motion was seconded by Councilman Reed and approved by a 4-3 voice vote The vote was as follows I of December 2, 1996 Councilmembers Han, O'Reilly, Vice Mayor Padovan and Councilman Reed voting Yes Mayor Festa, Councilmembers Sane and Fried voting No The amended motion was adopted by a 4-3 voice vote The vote was as follows Vice Mayor Padovan, Councilmen Reed, Sime and Han voting Yes Mayor Festa, Councilmembers O'Reilly and Fried voting No Haydee Archibald, 881 Ocean Drive, Martha Broucek, 170 Ocean Lane Drive addressed the Council on this issue Councilman Fried presented to the council an Ordinance from the Town of Long Boat Key, Florida Staff was directed to bring back more information on this Ordinance to council Councilman Fried made a motion to direct staff to draft a resolution similar to the one from Long Boat Key and the motion was seconded by Councilman O'Reilly Councilman Fried made a motion to table further discussion on this motion at the next council meeting The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes Mayor Festa presented a resolution to council on the Debt Cap issue Mayor Festa made a motion to adopt the resolution pending legal sufficiency from staff Councilman Fried seconded the motion Councilman Reed made a motion to amend the resolution The motion was seconded by Mayor Festa and approved by a 6-1 voice vote The vote was as follows Mayor Festa, Councilmembers Fried, Han, Reed, Sime and Vice Mayor Padovan voting Yes Councilman O'Reilly voting No There was extensive discussion of council on this issue Councilman Reed made a motion to amend the amended motion Mayor Festa seconded the motion and was approved by a 5-2 voice vote The vote was as follows Vice Mayor Padovan, Councilmen O'Reilly, Reed, Fried and Han voting Yes Councilman Sime and Mayor Festa voting No Councilman Han made a motion to call the question The motion was seconded by Councilman Sime and failed by a 4-3 roll call vote (2/3 vote needed) The vote was as follows Councilmembers Han, Sime, Fried, Vice Mayor Padovan voting Yes Councilmembers O'Reilly, Reed and Mayor Festa voting No Councilman Reed made an amendment to read "opposing parties should be given the opportunity to voice their issues in the form of advertising at village expense" Councilman O'Reilly seconded the motion Councilmen Reed withdrew the motion Councilman O'Reilly made a motion to strike section 3 of the resolution There was no 2 of December 2, 1996 second to the motion Vice Mayor Padovan made a motion to put a period after the word "project" and strike everything after it The motion was seconded by Councilman Reed and approved by a 6-1 voice vote The vote was as follows Councilman Sime, Mayor Festa, Councilman Fried, O'Reilly, Reed and Vice Mayor Padovan voting Yes Councilman Han voting No The following residents addressed the council on this issue Sam Davitian, 720 Myrtlewood Lane, Martha Broucek, 170 Ocean Lane Drive, Haydee Archibald, 881 Ocean Drive, Gerald Broucek, 170 Ocean Lane Drive, Ronald Drucker, 251 Crandon Boulevard, Michael Kahn, 881 Ocean Drive The resolution as amended was adopted by a 6-1 roll call vote The vote was as follows Councilmembers Fried, Han, Reed, Sime, Mayor Festa and Vice Mayor Padovan voting Yes Councilman O'Reilly voting No Councilman Padovan presented to council a request for permission to donate a bench for the Village Green m memory of Betty Carroll, Principal of the Key Biscayne Elementary School Vice Mayor Padovan made a motion to accept the donation Councilman Sime seconded the motion and it was approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilman Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmen Reed and Sime voting Yes Village Attorney The attorney reported to council that he would like to submit an ordinance on quasi-judicial matters since the legislation has changed on this issue By council consensus the attorney was directed to prepare a report to present to council at the next meeting Vice Mayor Padovan requested information on the status of the Police Union The attorney informed the council that the Police Union had been de -certified The manager requested an executive session on this matter Councilman Fried requested permission to submit his nominations in wntmg for the Charter Review Committee, since he was unable to attend the next council meeting The attorney suggested four nominations from each councilmember The clerk will prepare a list of the nominees and each councilperson will vote for four Anyone getting four votes or more will be appointed Village Clerk The clerk did not submit a report Village Manager The manager did not submit a report 11 OTHER BUSINESS/GENERAL DISCUSSION 3 of 4 '11 December 2, 1996 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 13 ADJOURNMENT The meeting adjourned at 11 42 p m Resp ' ully submitted Conchita H Alvarez Village Clerk Approved by the Village Council this 17th day of January, 1997 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 4of4