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Home My Public Portal About09-10-96 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 10 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 05 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan (amved at 7 15 p m ), and Mayor John Festa Vice Mayor John Wald was absent Also present were Village Manager Samuel Kissinger, Acting Village Clerk Yocelyn Gahano Gomez and Village Attorney Richard J Weiss 2 INVOCATION Attorney Weiss gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the special meeting of July 23, 1996 and the minutes of the workshop meeting of August 27, 1996 were adopted by unanimous consent 5 AGENDA Councilman Llorente requested that Item 10-D-10 be moved to Item 6-A-2 Councilman Padovan requested the following additional changes to the agenda deletion of status on Grand Bay Hotel Construction under item 10-A-4 and addition of Report on Dade League of Cities meeting as Item 10-A-4 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS The mayor introduced Julie S Alvarez, 234 Seaview Drive, who is the Co -Chair of the Citizens' Committee for a Community Center Ms Alvarez made a presentation regarding the Kes Biscayne Community Center Preliminary Study The following residents addressed the Council on this issue Alan Fine, 525 Allendale Road, Michael Kahn, 881 Ocean Dnve, Gregory Han, 685 Curtiswood Dnve, Camille Guething, 260 Seaview Dnve Martha Broucek, 170 Ocean Lane Drive, Timothy Stickney, 285 Woodcrest Road Councilman Sime made a motion to accept the preliminary report submitted by the Citizens' Committee for a Community Center and proceed with a workshop conducted by a consultant to discuss a community center The motion was seconded by Councilman O'Reilly Page 1 of 7 September 10 1996 Councilman Llorente made an amending motion to exclude a consultant from the workshop The motion was seconded by Councilman O'Reilly After Council discussion both Councilman Llorente and Councilman O'Reilly withdrew the amending motion to exclude a consultant from the workshop The motion to accept the preliminary report submitted by the Citizens' Committee for a Community Center and proceed with a workshop conducted by a consultant to discuss a community center was passed by a unanimous voice vote The mayor made a motion to authonze the Village Engineer to prepare plans and specifications for traffic calming along West Mashta Dnve and Fernwood Road The motion was seconded by Councilman Llorente Councilman Sullivan offered an amendment to include Harbor Drive in the traffic calming plan The motion to amend was seconded by Councilman Llorente and passed by a unanimous voice vote The amended motion to authonze the Village Engineer to prepare plans and specifications for traffic calming along West Mashta Drive, Fernwood Road and Harbor Dnve passed by a unanimous N oice vote The following people addressed the Council on the traffic calming master plan Gregory Han, 685 Curtiswood Drive and Village Planner Raul Lastra The mayor requested that the agenda items concerning the bus route relocation and sidewalk construction program be moved forward in the agenda and be discussed at that point There were not objections from Council Village Planner Raul Lastra reported on the bus route relocation project Mayor Festa made a motion to authorize the Village Manager to instruct the Village Engineer to proceed with final plans and specifications to bid the project Councilman Sime seconded the motion which passed by a unanimous voice vote The Village Manager bneflv reported on the status of the sidewalk construction program Councilman Sullivan made a motion to implement the Traffic Calming recommendations for sidewalk on both sides of the street on West Mashta Dnve The motion was seconded by Councilman Sime Councilman Sime offered an amendment to the motion to construct the sidewalk only on the north side of West Mashta Dnve Councilman Padovan seconded the amendment Roberto de Cespedes 188 West Mashta Dnve and Heidi Archibald, 881 Ocean Dnve addressed the Council After discussion, Councilmembers Sime and Padovan withdrew the amendment Page 2 of 7 September 10 1996 The motion to implement the Traffic Calming element of sidewalks on both sides of the street on West Mashta failed by a 5-1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime and Mayor Festa voting No Councilman Sullivan voting Yes The Village Manager addressed the Council on the Harbor Dnve sidewalk construction project The following people addressed the Council Carlos Fernandez, 615 Harbor Circle, Jim Brewster, 500 North Mashta Dnve, Guy Smith, 701 Fernwood Road, Village Planner Raul Lastra Councilman Sullivan made a motion to implement the sidewalk plan based on the already approved engineering plans with instructions to staff that they cooperate with any "problem" sites The motion was seconded by Councilman Padovan and passed by a 5-1 voice vote The vote was as follows Councilmembers O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes Councilman Llorente voting No 7 PUBLIC COMMENTS Michael Kahn, 881 Ocean Dnve addressed the Council and requested that Council approve usage of the Council Chambers on September 25, 1996 for a mayoral candidate debate The request was approved by Council by consensus Camille Guething, 260 Seaview Drive also addressed the Council on this issue The mayor recognized Martha Broucek, 170 Ocean Lane Drive who requested that her comments be postponed until Councilman 0 Reilly returned to the Council Chamber It was Council's consent to return to public comments once Councilman O'Reilly returned 8 ORDINANCES There were no ordinances considered by the Council 9 RESOLUTIONS The acting clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF MEMBERS OF THE FINANCIAL POLICY COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE The mayor made a motion to adopt the resolution Councilman Sime seconded the motion Resolution 96-24 was passed by a unanimous voice vote Councilman O'Reilly was absent for the vote The mayor re -opened the public comments Martha Broucek, 170 Ocean Lane Dnve addressed the Council on the conduct of candidates and Councilmembers Page 3 of 7 September 10 1996 The mayor read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA, EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF REVEREND JOHN B CRIMMINS FOR HIS YEARS OF COMMUNITY SERVICE, PROVIDING FOR AN EFFECTIVE DATE The mayor made a motion adopting the resolution The motion was seconded by Councilman Sime Michael Kahn, 881 Ocean Drive briefly addressed Council Resolution 96-25 was passed by unanimous voice vote 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Festa discussed the fee schedule for the Village Green The following people spoke on the fee schedule for the Village Green Gregory Han, 685 Curtiswood Drive, Mortimer Fned 291 Harbor Court, Guy Smith, Fernwood Road It was the consensus of the Council to re -address the fee schedule and establish parameters for rental of the space to be submitted to Council at a later date By consensus of the Council Item 10-D-5 1995-96 Community Assistance Grant Program, was moved forward in the agenda to Item 10-A-7 to accommodate representatives of organizations present to discuss the grant applications Councilman Padovan made a statement regarding O'Reilly's comments to the local newspaper, the Islander News Heidi Archibald 881 Ocean Drive, addressed the Council on the issue Councilman Padovan made a bnef report on the Annual Florida Coastal Clean-up which will be held on Saturday, September 21, 1996 Councilman Padovan informed the Council of issues discussed at the last Dade League of Cities meeting held on September 5 1996 Councilman Padovan reported that the County's Ethics Commission Proposal had been postponed from the County Commission Agenda to an indefinite date Councilman Padovan also informed Council of the need to appoint a liaison to the Dade League of Cities for the new fiscal year and requested that she be re -appointed as the liaison Mayor Festa made a motion re -appointing Councilman Padovan as the Village's liaison to the Dade League of Cities for the period beginning October 1, 1996 through September 30, 1997 The motion was seconded by Councilman Sime and passed by a unanimous voice vote Page 4 of 7 September 10 1996 The mayor bnefly reported on the status of the municipal revenue sharing proposals being reviewed by the County Commission Scott Bass, 201 Galen Drive, addressed the Council on municipal revenue sharing Councilman Padovan withdrew the item regarding an update on the Village Beautification Foundation and directed the Council s attention to the matenals contained as part of the agenda packet for information The agenda item concerning the 1995-96 Community Assistance Grant Program was addressed by Council at this time The manager made a bnef introduction on the applications and the review process The mayor began the review of the grant program with Dade Heritage Trust's application Don McKula, member of the Dade Hentage Trust's Board of Trustees, spoke to Council on their application Councilman Sullivan made a motion to deny the Dade Heritage Trust application Councilman O'Reilly seconded the motion which passed by a 4-2 voice vote The vote was as follows Councilmembers O'Reilly, Padovan, Sullivan and Mayor Festa voting Yes Councilmembers Llorente and Sime voting No The Council reviewed the grant application submitted by the Rotary Club Dick McGill, Chairman of 33rd Key BiscaN ne Art Festival and Lee Niblock, 1200 Crandon Boulevard, spoke on behalf of the application Councilman Llorente made a motion to award the grant to the Rotary Club The motion was seconded by Councilman Sime The following people spoke on the Rotary Club application Bob Brookes, President of Kev Biscayne Rotary Club Foundation, Martha Broucek, 170 Ocean Lane Dnve, Scott Bass 201 Galen Dnve The motion failed on a 3-3 roll call vote The vote was as follows Councilmembers Llorente, Sime and Sullivan voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voting No The Council reviewed the grant application submitted by the Villager's Inc Barbara Gilfore, President of the Villager's Inc spoke on the application Councilman Llorente made a motion to deny the Villager's, Inc application Councilman O'Reilly seconded the motion After discussion, Councilmembers Llorente and O'Reilly withdrew the motion to deny the Villager's, Inc application Page 5 of 7 September 10 1996 Councilman Sime made a motion to approve the Villager's, Inc grant The motion was seconded by Mayor Festa and adopted by a 5-0 roll call vote The vote was as follows Councilmembers Llorente 0 Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes The Council reviewed the Kev Biscayne Library Beautification Foundation Cecile Sanchez, 260 Cypress Drive, Treasurer for the Key Biscayne Library Beautification Foundation spoke on the application Councilman Padovan made a motion to grant the application The motion was seconded by Mayor Festa and adopted by 6-0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes The mayor made a motion to defer the Cub Scouts application until such time as they may have a representative present The motion was seconded by Councilman O'Reilly and passed by a unanimous voice vote Village Attorney The attorney did not submit a report Village Clerk The acting clerk did not submit a report Village Manager The mayor made a motion to reject three (3) bids received by the Fire Rescue Department to provide electncal work for the emergency generator Councilman Padovan seconded the motion which was passed by unanimous voice vote The manager requested that the regular Council meeting scheduled for October 8, 1996 be changed to October 15, 1996 The Council had no objections to changing the meeting to October 15, 1996 The manager gave a bnef report concerning the dumpster located in the Emergency Services Complex and in particular brought to the attention of the Council an illegal incident involving hazardous waste disposal at the site It was the consensus of the Council that the area be enforced by implementing signage and fencing the area in so that residents must request entry subsequently deter illegal incidents from reoccumng Mayor Festa made a motion authorizing the Village Manager to purchase a dictaphone recording system The motion was seconded by Councilman O'Reilly and adopted by unanimous vote The Mayor introduced Village Engineers Carlos A Perrin, P E and Osiris Quintana, P E who presented the West Mashta Bridge Report Page 6 of 7 September 10 1996 At 11 10 p m , the mayor made a motion to extend the meeting another ten minutes The motion was seconded by Councilman O'Reilly and passed on a 5-1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly Padovan, Sullivan and Mayor Festa voting Yes Councilman Sime voted no The Council requested that an accounting of what had been spent to date on costs associated with the West Mashta Drive Bridge project as well as a time line detailing the remainder of the project through construction The meeting was adjourned at 11 25 p m Respectfully sybmitted ,-- t � ( .„--,r.. ,,,,A ......* cc,,‘.,.,,,,, -j/ -y117u- tocelyn Gdllano Gomez Acting Village Clerk Approved by the Village Council this 24th day of September, 1996 5 3 /r John F Festa Mayor 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 Pageiof-