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HomeMy Public PortalAbout05-16-96 Regular Council Meeting (Counitinuation of 05-14-96 Meeting).tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, MAY 16, 1996 (CONTINUATION OF MAY 14, 1996 MEETING) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7 10 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, Vice Mayor John Wald, and Mayor John Festa Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss Mayor Festa led the Pledge of Allegiance Councilman Padovan requested that a town meeting be scheduled to hear public input regarding the Village's capital improvement program The mayor discussed the sale of shirts with the Village seal with proceeds benefiting community organizations It was the consensus of the Council that interested organizations contact the Village regarding this matter Councilman Llorente discussed an initiative to develop an annual pass for Key Biscayne residents to use the Cape Flonda State Recreation Area The Council directed the manager to study the matter Guy Smith, 701 Fernwood Road, addressed the Council Emergency Services Director Michael Flaherty and Deputy Fire Rescue Chief John Gilbert also addressed the Council Councilman Padovan discussed the purchase of seasonal banners for the Crandon Boulevard street lights and made a motion approving the purchase of a generic banner at an approximate cost of $6,700 00 The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Wand, and Mayor Festa voting Yes Councilman Padovan made a motion approving the purchase of 150 Yellow Tabebuia trees at an approximate cost of $23,000 00 Raul Alvarez, 710 Ridgewood Road, addressed the Council Building, Zoning and Planning Director John Little and Village Planner Raul Lastra also addressed the Council The Padovan motion was seconded by Councilman O'Reilly Mayor Festa offered an amendment to the motion «anvnng competitive bidding The Festa motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote The vote was as follows Page 1 of 4 May 16 1996 Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes The amended Padovan motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes The clerk reported that his office held a voter registration drive on May 8th and 9th Martha Broucek, 170 Ocean Lane Dnve, addressed the Council The manager gave the following reports The manager discussed the progress of the sidewalk construction program The Council discussed the issue of angle versus parallel parking for the Village Green on Fernwood Road Raul Alvarez, 710 Ridgewood Road, representing the Key Biscayne Beautification Foundation, addressed the Council Carol Mullen O'Leary, 444 Fernwood Road, also addressed the Council The planner and Director Little participated m discussions with the Council Councilman Padovan made a motion that Council reconsider its decision regarding the issue of providing parallel parking on Fernwood Road at the Village Green The motion was seconded by Mayor Festa and failed on 2 - 5 voice vote Vice Mayor Wald and Mayor Festa voting Yes Councilmembers Llorente, O'Reilly, Padovan, Sime, and Sullivan voted No Cecilia Villona, representing C A P Engineenng Consultants, gave an update on the West Mashta Bridge reconstruction project The manager discussed the stormwater utility construction project Councilman O'Reilly made motion authorizing the manager to conduct a study concerning a salutary sewer extension for the Village Green The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor Festa votmg Yes The planner made a presentation regarding a pavilion, picnic shelters and restrooms for the Village Green Councilman Sullivan made a motion authorizing the manager to execute an agreement with an architect to draft the necessary plans The motion was seconded by Councilman Llorente Mayor Festa offered a motion that the agreement not exceed $19,000 00 The Festa motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan Sime, Vice Mayor Waid and Mayor Festa voting Yes The amended Sullivan motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor Page 2 of 4 May 16 1996 Festa voting Yes The planner also made a brief presentation regarding the Village's traffic calming study Carlos Fernandez, 615 Harbor Circle, addressed the Council and made a slide presentation regarding the issue of traffic and the current sidewalk project The manager announced that there will be ceremony on June 14, 1996 commemorating the dedication of the flag poles on the Village Green and the Fifth Anniversary of the Village's Incorporation The manager submitted to the Council the six month departmental report for Fiscal Year 1996 The Council discussed the Village's application for a state loan to finance a study and construction of a sanitary sewer system for the un-sewered areas of the Village The following residents addressed the Council Martha Broucek, 170 Ocean Lane Drive, Jim Haney, 472 Glenndge, Sam Davitian, 720 Myrtlewood Lane, Karen Mullern O'Leary 444 Femwood Road, and Guy Smith, 701 Femwood Road Mayor Festa made a motion assuring the affected residents of the Council's commitment to allow the electors of the Village the opportunity to decide the issue of sanitary sewers The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice Mayor Wald, and Mayor Festa voting Yes The manager submitted the following informational items the monthly departmental reports, the Key Biscayne Chamber of Commerce's Apnl 1996 report, a letter from Ross Johnson BFI Waste Systems, regarding consent of assignment, dated Apnl 18, 1996, letter from Frank Gansto regarding Council meeting broadcasts, dated Apnl 24, 1996, a memorandum from the Assistant to the Village Manager, regarding Harbor Drive trees, dated Apnl 29, 1996, a memorandum from the Assistant to the Village Manager, regarding SBA Grant trees, dated April 30, 1996, a letter from Building, Zoning and Planning Director, to waterfront property owner, regarding land use regulations, dated Mayor 6, 1996, a letter from Mario Goderich, Metro -Dade County Cable Television Coordinator, regarding cable television complaints, dated May 6, 1996, a letter from Councilman Padovan, to Octavio Visiedo, Superintendent of Dade County Public Schools, regarding impact fees, dated May 9, 1996, a memorandum from the Assistant to the Village Manager, regarding 1996 Community Assistance Grant Program, dated May 9, 1996, and a copy of resolution of the State of Florida recognizing May 6 through May 12, 1996 as Public Service Recognition Week There being no further business the meeting was adjourned at 10 50 p m Page 3 of 4 May 16 1996 Respect' su i fitted Guido H guanzo, Jr , CMC Village C • k Approved by the Village Council this 11th day of June, 1996 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 Page 4 of 4 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 11, 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 mayor at 7 00 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (amved at 8 25 p m ), Vice Mayor John Wald, and Mayor John Festa Councilman Betty Sime was absent Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION Father Robert Libby, of St Chnstophers-by-the-Sea Church, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES By unanimous consent, the minutes of the special meeting of March 26, 1996, the minutes of the regular meeting of May 14, 1996, and the minutes of the continuation meeting of May 16, 1996 were adopted by the Council 5 AGENDA Councilman Sime, via a memorandum, requested the deferral of Item 9-A Councilman Llorente requested the deletion of Items 10-A-9 and 10-A-10 Councilman Llorente requested the addition of discussion regarding Dade County's Boundary Commission as Item 10-A-9 Mayor Festa requested that Items 10-A-3 and 10-A-11 be heard as Item 10-A-3 Councilman Padovan requested that Items 10-A-1 and 10-A-8 be heard as Item 10-A-1 The manager requested the addition of discussion regarding beach renounshment as Item 10-D-9 There were no objections to the agenda changes At this time, Councilman Padovan recognized Mante Morse, a candidate for the Dade County School Board, who bnefly addressed the Council and public Page 1 of 7 June 11 1996 6 SPECIAL PRESENTATIONS Resident Tony Camejo, 151 Crandon Boulevard, representing the Key Colony Homeowners Association, made a presentation to the Council regarding noise problems affecting the homeowners at Key Colony Greg Han, 685 Curtisswood Road, also addressed the Council regarding this matter 7 PUBLIC COMMENTS There were no speakers present 8 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND TRANSMISSION SYSTEM, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM, MAKING FINDINGS, AUTHORIZING THE LOAN APPLICATION, AUTHORIZING THE LOAN AGREEMENT, ESTABLISHING PLEDGED REVENUES, DESIGNATING AUTHORIZED REPRESENTATIVES, PROVIDING ASSURANCE, PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE The manager made a brief presentation regarding the proposed ordinance The attorney stated that pursuant to the Village Charter, a five -sevenths vote of the Council would be required for adoption of the ordinance The mayor opened a public hearing The following residents addressed the Council Jim Haney, 472 Glenndge Road, Sam Davitian, 720 Myrtlewood Lane, Karen Mullen O'Leary, 444 Fernwood Road, Martha Broucek, 170 Ocean Lane Drive, Heidi Archibald, 881 Ocean Drive, and Bill Ofgant, 512 Fernwood Road Gary Swagart, representing the Flonda Department of Environmental Protection, participated m discussions with the Council Councilman Padovan made a motion adopting the ordinance The motion was seconded by Mayor Festa Councilman O'Reilly offered an amendment to the ordinance as follows Section 6 The adoption of this ordinance shall not constitute authonty to draw down any loan proceeds or proceed otherwise further with respect to subject sewer project until there is an affirmative vote of in e councilmembers The amendment included the renumbering of subsequent sections Page 2 of 7 June 11 1996 The O'Reilly motion was seconded by Mayor Festa and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes The amended ordinance was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan Sullivan Vice Mayor Waid, and Mayor Festa voting Yes The clerk announced the second reading of ordinance for Tuesday, June 25, 1996, at 7 00 p m The clerk read the following 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 AMENDING SECTION 28-11 PROVIDING FOR A PERIOD OF TIME IN WHICH TO CONFORM WITH THE PROVISIONS OF CHAPTER 28 RELATING TO MONUMENT AND POLE SIGNS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Building, Zoning and Planning Director John Little discussed the proposed ordinance The mayor opened a public hearing The following citizens addressed the Council Luis Alcebo, 425 Grapetree Drive, Robert Brooks, 95 West McIntyre Street, and Jeff Krell, 632 Crandon Boulevard After extensive discussion Councilman Sullivan made a motion directing the attorney to re -draft an ordinance addressing the issue of pole signs There was no second to the motion There was no further action taken on the proposed ordinance 9 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUIHORIZNNG THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR A "COPS" GRANT, PROVIDING FOR AN EFFECTIVE DATE Councilman Padovan made a motion adopting the resolution The motion was seconded by Councilman O'Reilly Resolution 96-18 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan Sullivan Vice Mayor Waid, and Mayor Festa voting Yes Page 3 of 7 June 11, 1996 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilman Padovan discussed the recent planting of trees along the Harbor Dnve right-of-way and the Village's policy concerning the right of denial by residents to have a tree planted in front of their homes It was the consensus of the Council to further discuss the issue at its June 25, 1996 special meeting Councilman Padovan also advised the Council that, due to unforseen circumstances outlined in a memorandum from the Assistant to the Village Manager dated May 31, 1996, the Yellow Tabebuia trees authonzed for purchase by the Council were not acquired Mayor Festa gave an update regarding his meetings with county officials concerning the county's proposed toll system for the Rickenbacker Causeway Vice Mayor Waid requested that a date be set for an evaluation of the Village Clerk and the Village Manager Mayor Festa discussed the establishment of criteria for evaluating the clerk and manager Greg Han 685 Curtisswood Road addressed the Council The Council agreed to further discuss the matter at its June 25, 1996 special meeting Councilman Padovan discussed the county's proposed reduction of the local option gas tax and its impact on the Village's gas tax revenues Councilman O'Reilly made a motion authonzing Councilman Padovan to represent the Village on this matter and present the Village's opposition to the proposed reduction of the gas tax The motion was seconded by Mayor Festa and failed by a 3 - 2 - 1 voice vote The vote was as follows Councilmembers O'Reilly, Padovan, and Mayor Festa voting Yes Councilman Sullivan and Vice Mayor Waid voted No Councilman Llorente abstained due to a conflict of interest Councilman Padovan discussed the establishment of the county's Ethics and Public Trust Commission The Council directed that the attorney draft a resolution expressing the Village's opposition to the creation of such a commission Councilman Padovan discussed the Ocean Front Park recently dedicated by the Ocean Club project The attorney was directed to draft a resolution designating the Ocean Front Park as a passive park The motion was seconded by Councilman O'Reilly The motion was adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Llorente O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes Councilman Sullivan voted No Shirley Brill, 550 Ocean Dnve, and Heidi Archibald, 881 Ocean Drive, addressed the Council Councilman Llorente requested that discussion regarding Thursday night Council meetings be deferred to a future date Page 4 of 7 June 11, 1996 Councilman Llorente discussed the recommendations of the county's Boundaries Commission regarding the adoption of a revenue sharing plan for the county's municipalities Mayor Festa made a motion expressing the Village's opposition to the recommendations of the Boundanes Commission regarding a proposed revenue shanng program The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes Councilman O'Reilly made a motion directing the attorney to prepare any and all necessary research to express the Village's opposition to this proposal The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Waid and Mayor Festa voting Yes Martha Broucek, 170 Ocean Lane Drive addressed the Council Councilman Padovan requested that discussion concerning fire sprinklers for condominiums be deferred to a future date Village Attorney The attorney did not submit a report The Council directed the attorney to be present at the county's June 20, 1996 meeting regardmg the Crandon Park master plan Village Clerk The clerk did not submit a report Village Manager The manager discussed the use of beach -quality sand being removed from the Cape Florida State Recreation Area for the renounshment of an area of the Village's beach The manager and Village Engineer Carlos Penin gave an update regarding the Sidewalk Construction project and the West Mashta Drive Bridge project The engineer and Mariano Fernandez, of C A P Engineenng Consultants, discussed a study regarding the extension of a sewer line to the Village Green Mayor Festa made a motion to extend the meeting until 11 15 p m The motion was seconded by Councilman Padovan and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan Sullivan Vice Mayor Waid, and Mayor Festa voting Yes Page 5 of 7 June 11, 1996 The manager stated that the contract for architectural services relating to the Village Green picnic shelters and pavilion/restrooms will be executed next week The manager announced that the Village will be dedicating the Village Green flag poles, commemorating Flag Day, and celebrating the Village's Fifth Year Anniversary of Incorporation on Fnday, June 14, 1996, 5 00 p m , at the Village Green The manager stated that the paving of streets in the area of Stormwater Basin 3 will commence in the near future The manager stated that he is negotiating with representatives of the Bill Baggs Cape Flonda State Recreation Area for discount rates for Village residents The manager stated that the attorney has advised him that he is authonzed to offer for sale items with a depiction or facsimile of the Village seal At the request of the manager, Mayor Festa made a motion rescheduling the Council's regular meeting of October 8, 1996 to October 10, 1996 The motion was seconded by Vice Mayor Wald and adopted by unanimous consent The manager submitted the following informational items the monthly departmental reports, a copy of the April and May 1996 racoon trapping reports from Pesky Cntters Wildlife Control, a copy of an agreement between the Village and the Volunteer Fire Department dated Apnl 1, 1996, a copy of the Key Biscayne Chamber of Commerce's Mav 1996 report, a letter from Strom Maxwell, Flonda Department of Insurance, regarding the Windstorm Pool dated May 8 1996, a letter from Octavio Visiedo, Dade County Public Schools, regarding increased participation by school boards m local planning, dated May 8, 1996, a letter from Stephen Gauthier, Government Finance Officers Association, regarding Certificate of Recognition for Budget Preparation, dated Mav 14, 1996, a letter from Pedro Hernandez, Metro -Dade County Public Works Department, regarding variable message sign for Key Biscayne, dated May 20, 1996, a letter from Carol Marchner, Florida League of Cities, to Senator Ronald Silver, regarding 1996 legislative session, dated May 22, 1996, a letter from Ross Johnston, BFI Waste Systems, regarding consumer price index adjustment, dated May 30, 1996, a letter from Stephen Sonnabend, Sonesta Beach Resort regarding Holiday Colony Stormwater project, dated May 31, 1996, a letter from William Brant, Miami -Dade Water and Sewer Department, regarding the Village's Apnl 23, 1996 meeting concerning saritary sewers, dated May 22, 1996, a letter from Suzanne Salichs Team Metro (Dade County), regarding neighborhood compliance officers, dated May 24, 1996, a letter from Joel Robbins, Metro -Dade County Property Appraiser, to the Finance Director, regarding 1996 assessment roll estimates, dated June 1, 1996, a memorandum from the Village Manager, regarding the ICMA's 82nd Annual Conference, dated June 4, 1996, a memorandum from the Village Manager, regarding a letter from Charles Braise dated May 19, 1996 concerting the stormwater project, dated June 6 1996, and a letter from Max Goodman, Memonal Day Planning Committee, regarding Second Annual Memorial Dav Ceremony Page 6 of 7 June 11, 1996 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings was presented to the Council and public 13 ADJOURNMENT The meeting was adjourned at 11 20 p m Resp / sub fitted Guido H I guanzo, Jr , CTIC Village Cl Approved by the Village Council this 9th day of July, 1996 3�-/k... 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 Page 7 of 7