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HomeMy Public PortalAbout12-10-96 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 10, 1996 COUNCIL CHAMBER 1 CALL TO ORDER/ROLL CALL OF MEMBERS The mayor called the meeting to order at 7 05 p m Present were Councilmembers Gregory Han, Hugh O'Reilly (amved at 7 08), Vice Mayor Michele Padovan, Councilmembers Christina Reed, Betty Sime (arnved at 7 10 p m) and Mayor John Festa Councilmember Mortimer Fned was absent Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 INVOCATION The village attorney gave an invocation 3 PLEDGE OF ALLEGIANCE The mayor led the pledge of allegiance 4 APPROVAL OF MINUTES Councilman Han offered technical corrections to the minutes of the meeting of November 14, 1996 The minutes of the special meeting of November 6, 1996, the corrected minutes of the regular meeting of November 14, 1996, and the minutes of the special meeting of November 26, 1996 were adopted by unanimous consent 5 AGENDA The clerk requested the following changes to the agenda deletion of items 9A and 9B, and that Item 10C be heard after Item 6A Councilman Padovan requested the following changes to the agenda addition of a report from the Dade League of Cities as Item 10A-11, addition of a request from the Rotary Club to install banners for the annual Art Festival as Item 10-A-12, Item 10 -D -8-b be heard as Item 10-A-13 There were no objections to the changes 6 SPECIAL PRESENTATIONS Firefighter R Aguiar, recipient of the 1996 employee development program was called to receive his grant The Mayor, on behalf of the Council made a presentation of a proclamation to Santiago Miranda for his contributions to the Key Biscayne community 1 of December 10, 1996 Jeffrey R Bunting, Environmental Planner, Aviation Department, Metropolitan Dade County addressed the council on the issue of routing airplanes away from Key Biscayne The mayor requested that Mr Bunting return to Council with a plan on routing airplanes through the ocean, instead of over land, as they do now Mr Bunting also offered his phone number, 305-876-0569, for any complaints the residents of Key Biscayne may have m reference to the noise from airplanes 7 PUBLIC COMMENTS Patricia Wieneman, 855 Manner Drive, addressed the Council regarding the Community Center Forum on Saturday, December 10, 1996, Camille Guething, 260 Seaview Drive, addressed the Council regarding alternatives to the City of Miami Fire Department, Eduardo Benet, 77 Crandon Boulevard, addressed the Council regarding the consultant's contract for the Community Center, Haydee Archibald, 881 Ocean Drive addressed the council, Cecile Sanchez, 216 Cypress Drive, addressed the Council regarding a request to permit the planting of poinsettias on the median of Crandon Boulevard and Ocean Lane Drive, Eddie Alfonso, 711 South Mashta Drive, Joe Curcio, 650 North Mashta Drive, William McCaughan, 511 South Mashta Drive, Jim Brewster, 500 North Mashta Drive, addressed the Council regarding zoning issues on Mashta Island, Martha Broucek, 170 Ocean Lane Drive, addressed the Council 8 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25 OF THE VILLAGE CODE "TAXATION", PROVIDING DEFINITIONS, PROVIDING LIMITS ON LONG TERM DEBT OF THE VILLAGE, PROVIDING LIMITS ON RESERVE FUNDS, REQUIRING SURPLUS FUNDS TO BE USED EITHER TO REDUCE DEBT OR TAXES, PROVIDING THAT LONG TERM DEBT LIMITS MAY BE EXCEEDED WITH VOTER APPROVAL, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa made a motion to not have a public hearing on this ordinance on first reading The motion was seconded by Vice Mayor Padovan and approved by a 5-1 voice vote The vote was as follows Councilmembers O'Reilly, Vice Mayor Padovan, Councilmembers Han, Reed, Mayor Festa voting Yes Councilmember Sime voting No Mayor Festa made a motion to adopt the ordinance on first reading The motion was seconded by Councilman O'Reilly and adopted by a 4-2 roll call vote The vote was as follows Councilmembers O'Reilly, Vice Mayor Padovan, Councilmember Reed and Mayor Festa voting Yes Councilmembers Han and Sime voting No There was extensive discussion from council on this issue and the attorney was directed to prepare the ordinance with the legal changes and present it to council for second reading at the next council meeting 2 of December 10, 1996 The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE VILLAGE COUNCIL'S REQUEST TO THE LEGISLATIVE DELEGATIONS OF DADE COUNTY TO PROPOSE LEGISLATION TO AMEND CHAPTER 163, FLORIDA STATUTES, THEREBY EXEMPTING COMMUNITIES OF CERTAIN SIZES AND DEGREE OF BUILD - OUT FROM THE COMPREHENSIVE PLAN PROCESS, PROVIDING FOR AN EFFECTIVE DATE Councilman O'Reilly made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes Councilman Sime made a motion to amend the resolution as suggested by the manager The motion was seconded by Councilman Reed and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes The resolution was adopted as amended by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED GRANT AGREEMENT ON BEHALF OF THE VILLAGE, WITH KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION, A NON-PROFIT FLORIDA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE The following residents addressed the council Sam Davitian, 720 Myrtlewood Drive and Martha Broucek, 170 Ocean Lane Drive Mayor Festa made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED 3 of December 10, 1996 AGREEMENT ON BEHALF OF THE VILLAGE, WITH PLANNING AND FINANCING CONSULTING TEAM SERVICE, A FLORIDA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Padovan made a motion to approve the resolution The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers At this point the council proceeded to the election of the Charter Revision Committee Mayor Festa read the nominees and the following residents were elected to the Charter Revision Committee Paul Auchter, Martha Broucek, Ronald Drucker and Michael Kahn Mayor Festa brought up the Noise Ordinance, specifically the fact that Fnday is considered by many as a weekend day, but in reality is a week day and recommended defemng this issue to the next council meeting Vice Mayor Padovan presented to the council the problem of shopping carts from supermarkets on our streets Vice Mayor Padovan made a suggestion to have the village manager meet with the managers of the supermarkets to install pilings at the supermarkets to prevent the removal of shopping carts from their premises Vice Mayor Padovan made a motion to have the manager meet with the managers of the supermarkets and try to solve this problem The motion was seconded by Councilman Sime and adopted by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes Mayor Festa informed the council that the Rickenbacker Toll Booth Hearing scheduled for Wednesday, December 11, 1996 was deferred until January 1997 Mayor Festa made a motion to change council meetings from Tuesday to Thursday The motion was seconded by Vice Mayor Padovan Mayor Festa made a motion to defer this issue to the next council meeting The motion was seconded by Councilman Sime and approved by a 6-0 voice vote The vote was as follows Councilman Sime, Mayor Festa, Vice Mayor Padovan, Councilmembers Han, O'Reilly and Reed voting Yes Councilman Han presented a concern to council on lobbying contacts on Quasi Judicial matters The village attorney addressed the council on this matter Mayor Festa suggested to the attorney to bang this item back to the next council meeting A public right-of-way request was presented to council Two letters -from Mr Iry Zeldman, dated November 5 and 22, 1996, were presented to council with this request John Little and Raul Lastra 4 of 8 December 10, 1996 addressed the council on this issue The manager suggested to defer this item to the next meeting Councilman Sime suggested to create a Master Plan dealing with curbing for Crandon Boulevard Raul Lastra addressed the council on this issue Staff was directed to present to council, at the Goals and Objectives Session, an overall plan for Crandon Boulevard The following residents addressed the council Cecile Sanchez, 260 Cypress Dnve, Sam Davitian, 720 Myrtlewood Drive Vice Mayor Padovan made a motion authorizing the manager to proceed with the study of curbing and cuts for Crandon Boulevard The motion was seconded by Councilman Sime and adopted by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes Vice Mayor Padovan made a motion to include beautification The motion was seconded by Councilman Sime, and adopted by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Sime and Mayor Festa voting Yes Councilman Sime presented a drawing for Ocean Lane Drive improvement Jim Dowd, 101 Ocean Lane Dnve addressed the council Mayor Festa made a motion to have staff present the cost of this project at the next council meeting The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes Vice Mayor Padovan presented to council the deplorable condition that the L'Esplanade Shopping Center is in Director of Building, Zoning and Planning Little addressed the council on this issue Staff was directed to present to council the results of the meeting with the Special Master and then seek legal counsel from the attorney to take whatever action is necessary Vice Mayor Padovan, at the last Dade League of Cities meeting, presented a resolution urging Dade County to allocate funding for beach renounshment and maintenance for communities that had an established a plan This resolution was accepted unanimously by the Dade League of Cities Vice Mayor Padovan made a motion to make a donation of $1,000 to Crime Stoppers Mayor Festa made a recommendation to present it to council at the next council meeting Vice Mayor Padovan presented to council a request from the Rotary Club for permission to install banners for their annual art festival Mayor Festa made a motion to approve the request Councilman Sime seconded the motion and was approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes 5 of December 10, 1996 Vice Mayor Padovan requested that the manager meet with the Police and Fire Chiefs and present to council some recommendations and evaluations on the employee's benefit plan Village Attorney The attorney submitted a report on a question that had been raised with the Department of Labor and the fact that he had received a determination from the Department that we are paying our people appropriately Village Clerk The clerk reported that the mayor had issued a proclamation recognizing Nickas Constant for portraying Santa Claus on Key Biscayne for many years The clerk also informed the council that she had successfully completed the first year of the three year Certified Municipal Clerk Program At this point Councilman Sime made a request to council to approve a request from Susan L Fehrer- Sawyer for additional park lighting around the playground The staff was instructed to come back with recommendations and costs on this issue Village Manager Carlos Penin, village engineer, addressed the council on the proposed Sanitary Sewer Project The engineer presented three options to council to determine the possibility and practicality of providing sewer service to the Village Green and to the surrounding Fernwood Road Area Option one, using a "grinder" pump and including the design will be approximately $35,000 Option two, using a Lift (Pump) Station and including the design will be approximately $360,000 Option three assumes that Fernwood will be served from portions of two basins bisected by Enid Drive Mayor Festa made a motion to extend the meeting to 11 30 p m The motion was seconded by Vice Mayor Padovan and failed on a 3-3 voice vote The vote was as follows Vice Mayor Padovan, Councilman Reed and Mayor Festa voting Yes Councilmembers Han, O'Reilly and Sime voting No Councilman O'Reilly made a motion to extend the meeting 15 minutes Councilman Sime seconded the motion and was approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes Councilman Han made a motion to accept Option One presented by the engineer which would use a "grinder" pump to connect the bathroom facilities on the Village Green Councilman O'Reilly seconded the motion and was approved by a 4-2 voice vote The vote as follows Councilmembers Han, O'Reilly, Reed and Sime voting Yes Mayor Festa and Vice Mayor Padovan voting No Councilman Han made a motion to direct the manager, with the assistance of the engineer, to provide 6 of 8 December 10, 1996 a master plan and to provide enough information to proceed with funding options to present to the public Councilman Sine seconded the motion and was approved by a 5-1 voice vote The vote was as follows Councilmembers Han, O'Reilly, Reed, Sime and Vice Mayor Padovan voting Yes Mayor Festa voting No Councilman O'Reilly made a motion to amend the Han motion to direct the manager, with the assistance of the engineer, to develop a sewer master plan that would optimize sewer service and minimize costs Councilman Sime seconded the motion and was approved by a 5-1 vote The vote was as follows Councilmembers Han, O'Reilly, Reed, Sime and Vice Mayor Padovan voting Yes Mayor Festa voting No The manager presented a contract to be awarded to Keylite Electric in the amount of $12,760 for the hook up of the emergency generator Mayor Festa made a motion to award the contract The motion was seconded by Councilman Han and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes Mayor Festa made a motion to extend the meeting 10 more minutes The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Reed, Mayor Festa and Vice Mayor Padovan voting Yes Item 10D3, setting date for the Dedication of the Ocean Club Lake Park to Village was deferred to the next council meeting Item 10D4, Integrated Emergency Management Course, March 24 - March 28, 1997, was deferred to the next council meeting The date for the workshop on Zoning Variances was set for January 21, 1997 The clerk advised the council that this was the day of the Special Election on the Debt Cap issue Mayor Festa made a motion to direct staff to prepare and send a newsletter out to the register voters of the Village of Key Bisciayne for Debt Cap Public Information Program not to exceed $3,000 Councilman Sime seconded the motion and was approved by a 4-2 voice vote The vote was as follows Councilmembers Han, Sime, Mayor Festa and Vice Mayor Padovan voting Yes Councilmembers O'Reilly voting and Reed voting No The manager submitted the following information items the monthly departmental reports, a copy of the Key Biscayne Chamber of Commerce November 1966 monthly report, a copy of Pesky Critters November 1966 trapping monthly report 11 OTHER BUSINESS/GENERAL DISCUSSION 7 of 8 December 10, 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 25 p m tfully subm ed JWeb, onchita H Alvarez Village Clerk Approved by the Village Council this 17th day of January, 1997 7.1- 9 ,z,)‘„ 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 8 of 8