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HomeMy Public PortalAbout01-09-96 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 9, 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, Betty Sune, Raymond Sullivan (arrived at 7 10 p m ), Vice Mayor John Wald, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard 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 December 5, 1995, the minutes of the regular meeting of December 12, 1995, and the minutes of the workshop meeting of December 18, 1995 were adopted by unanimous consent 5 AGENDA Councilman Padovan requested the following changes to the agenda addition of discussion regarding the Dade County League of Cities as Item 10-A-5, addition of discussion of the fire safety code as Item 10-A-6, and the addition of a special presentation regarding the 1996 Atlanta Olympic games as Item 6-C There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS Mayor Festa, on behalf of the Council, presented a copy of Resolution 95-40 to Mr Don Murray, representing the Key Biscayne Community Center, Inc , expressing the Village's appreciation for a donation m the amount of $27,855 72 for the construction of a community center Councilman Padovan presented the Council with a certificate acknowledging the placement of a bnck, bearing the inscription "1991 Village of Key Biscayne," at Atlanta's Centennial Olympic Park 7 PUBLIC COMMENTS There were no speakers present Page 1 of 9 ) ) A January 9 1996 8 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REPEALING ORDINANCE NO 93-19 SO AS TO PERMIT THE VILLAGE TO WITHDRAW ITS CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO REGULATE BASIC TIER CABLE RATES, AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE After bnef discussion, Councilman O'Reilly made a motion adopting the ordinance on first reading The motion was seconded by Mayor Festa and adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Wald, and Mayor Festa voting Yes The clerk announced the second reading of the ordinance for February 13, 1996 The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2 03 OF THE CHARTER OF VILLAGE OF KEY BISCAYNE, REDUCING THE TERM OF COUNCIL MEMBERS FROM FOUR YEARS TO TWO YEARS, PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa opened the public heanng There were no speakers present After extensive discussion, Vice Mayor Waid made a motion adopting the ordinance on second reading The motion was seconded by Councilman Sullivan and failed on a 4 - 3 roll call vote The vote was as follows Councilmembers Sime, Sullivan and Vice Mayor Waid voting Yes Councilmembers Llorente, O'Reilly, Padovan, and Mayor Festa voted No At this time, Joan Gill Blank, the Village's liaison to the Miami Centennial. Committee, made a presentation to the Council regarding the activities planned by the committee for Miami's centennial celebration during 1996 Bill Ofgant, 512 Fernwood Road, and Heidi Archibald, 881 Ocean Dnve, addressed the Council Page 2 of 9 January 9 1996 The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING PROCEDURES OUTLINED BY THE LEGISLATURE IN ORDER TO REMOVE THE PRESUMPTION OF PREJUDICE ARISING FROM EX-PARTE COMMUNICATIONS IN QUASI-JUDICIAL PROCEEDINGS, PROVIDING FOR PROCEDURES FOR DISCLOSURE OF EX-PARTE COMMUNICATIONS, AND PROVIDING FOR AN EFFECTIVE DATE Councilman O'Reilly made a motion adopting the ordinance on second reading The motion was seconded by Mayor Festa Mayor Festa opened the public hearing There were no speakers present Councilman O'Reilly offered an amendment to Section 4 of the ordinance by striking "and may receive expert opinions" The motion was seconded by Mayor Festa and failed on a 3 - 4 roll call vote The vote was as follows Councilmembers O'Reilly, Sime and Mayor Festa voting Yes Councilmembers Llorente, Padovan, Sullivan, and Vice Mayor Waid voted No Mayor Festa offered an amendment to Section 3 2 of the ordinance by inserting a provision requiring that all written communications be filed with the Village Clerk for distribution to all members of the Village Council prior to zoning hearings The motion was seconded by Vice Mayor Waid and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes Councilman Llorente voted No Mayor Festa offered an amendment to the ordinance striking Section 3 1 The motion was seconded by Councilman Sullivan and adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Padovan, Sime, Sullivan, and Mayor Festa votmg Yes Councilmembers Llorente, O'Reilly and Vice Mayor Waid voted No After extensive discussion, the amended ordinance failed on a 3 - 4 roll call vote The vote was as follows Councilmembers O'Reilly, Sime and Mayor Festa voting Yes Councilmembers Llorente, Padovan, Sullivan, and Vice Mayor Waid voted No 9 RESOLUTIONS The clerk read the following resolution by title Page 3 of 9 ) 1 January 9 1996 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A CONCEPTUAL PLAN TO SERVE AS A GUIDE FOR THE FUTURE DEVELOPMENT OF THE VILLAGE GREEN, PROVIDING FOR AN EFFECTIVE DATE Village Planner Raul Lastra made a brief presentation regarding the future development plan for the Village Green Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime There was extensive discussion regarding the proposed development plan By consenus, the development plan was accepted in concept , There was no vote on the resolution The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING AND COMMENDING THE OFFICE OF THE VILLAGE MANAGER AND THE DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES FOR BEING AWARDED A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Wand Resolution 96-1 was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Wald, and Mayor Festa voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Festa discussed the Dade County Expressway Authority's proposed increase of toll fees, from $1 00 to $3 00 on weekends and holidays, on the Rickenbacker Causeway Carlos Perun, a member of the Dade County Expressway Authority, addressed the Council regarding the matter Councilman O'Reilly made a motion that the Village support a position requiring the county to use toll monies from the Rickenbacker Causeway stnckly for improvements to the Rickenbacker Causeway There was no second to the motion Page 4 of 9 January 9 1996 Councilman O'Reilly made a motion directing the Village Attorney to draft a letter to the Dade County Expressway Authority and the Dade County Board of County Commissioners expressing the Village's opposition to an increase in the toll fees and that a press release be prepared announcing the Village's position on this issue The motion was seconded by Mayor Festa and adopted by a 6 - 0 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Vice Mayor Waid was absent during the vote Councilman Llorente discussed the reconsideration of the Council's December 5, 1995 decision regarding a grant request by the Key Biscayne Music and Drama Club Councilman Llorente made a motion to rescind the Council's December 5th decision regarding the organization's grant application The motion was seconded by Mayor Festa and adopted by a 5 - 1 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes Councilman Sullivan voted No Vice Mayor Waid was absent during the vote Councilman Llorente made a motion to award a $10,000 00 grant to the Key Biscayne Music and Drama Club pursuant to the organization's application The motion was seconded by Mayor Festa and adopted by 4 -3 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Sime, and Mayor Festa voting Yes Councilmembers Padovan, Sullivan and Vice Mayor Waid voted No Dory Goldman and Ernestine McKay, representing the Key Biscayne Music and Drama Club, addressed the Council Councilman Sullivan discussed appraisal reports, prepared at the request of the Council by the Quinlivan Appraisal firm, regarding the SunTrust Bank (formerly Key Biscayne Bank) property located adjacent to the Village Green (including the bank building) and the property located on the Southwest corner of the intersection of Crandon Boulevard and McIntyre Street The Council discussed a financial analysis prepared by Rauscher Pierce Refsnes, Inc , dated January 3, 1996, regarding the financing of $7,000,000 for the acquisition of land The following residents addressed the Council Bill Ofgant, 512 Fernwood Road, Heidi Archibald, 881 Ocean Dnve, Pauline Rivelli, 607 Ocean Drive, and Shirley Bnll, 550 Ocean Drive Page 5 of 9 ) 1 January 9 1996 Councilman Llorente made a motion authonzmg the Village Manager to present a bonafide contract for a purchase agreement for $3 8 million to SunTrust Bank for the purchase of their property located between West McIntyre Street and the Village Green There was no second to the motion The Council discussed the manager's discussions with representatives of SunTrust Bank and Mr Charles Rebozo regarding the purchase of their respective properties By consensus, the attorney was directed to prepare ballot language, essentially in the following form, for the March 12, 1996 election, to determine voter support for the acquisition of land THE VILLAGE IS CONTEMPLATING THE PURCHASE OF CERTAIN PROPERTY FOR FUTURE PARK AND OTHER COMMUNITY PURPOSES PROVIDED THAT SUCH PURPOSES CAN BE ACCOMPLISHED WITH NO INCREASE IN THE MILLAGE RATE THE APPRAISED VALUE OF OF THE VACANT PROPERTY BETWEEN THE VILLAGE GREEN AND THE "KEY BISCAYNE BANK" IS $2 1 MILLION DO YOU FAVOR PURCHASING THIS PROPERTY'? THE APPRAISED VALUE OF THE "KEY BISCAYNE BANK" BUILDING IS $2 2 MILLION DO YOU FAVOR PURCHASING THS BUILDING'? THE APPRAISED VALUE OF THE VACANT PROPERTY AT THE INTERSECTION OF CRANDON BOULEVARD AND WEST MCINTYRE STREET IS $2 4 MILLION DO YOU FAVOR PURCHASING THIS PROPERTY'? Councilman Padovan gave an update regarding her work on the Dade County League of Cities' Over- crowded Schools Committee Village Attorney The attorney gave a bnef presentation regarding resident -only parking on Village property The attorney also made a presentation regarding the enforcement of the state's fire prevention code Shirley Brill, 550 Ocean Dnve, and Heidi Archibald, 881 Ocean Dnve, addressed the Council Deputy Fire Rescue Chief John Gilbert also participated in discussions with the Council Page 6 of 9 January 9 1996 Councilman Sullivan made a motion extending the meeting until 11 30 p m The motion was seconded by Mayor Festa and adopted by a 4 - 3 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes Councilmembers O'Reilly, Sime and Vice Mayor Waid voted No Village Clerk The clerk submitted a copy of his office's 1995 annual report to the Council Mayor Festa made a motion authorizing the expenditure of funds for the implementation of an electronic filmg system for the Clerk's Office The motion was seconded by Vice Mayor Waid and 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 Village Manager By consensus, the Council agreed to schedule a public meeting during the week of January 15th to discuss a solution for the proposed bus route change Mayor Festa made a motion awarding an animal control contract to Pesky Critters, Miami, Florida, at a rate of $50 00 per racoon (with a guarantee of 250 racoons per year) The motion was seconded by Councilman O'Reilly and adopted by a 4 - 2 - 1 voice vote The vote was as follows Councilmembers O'Reilly, Sullivan, Vice Mayor Wand, and Mayor Festa voting Yes Councilmembers Llorente and Padovan voted No Councilman Sime was absent during the vote Mayor Festa made a motion authorizing the Village Manager to negotiate with Dade County for a maintanence program for the Village's stormwater pump stations The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Wand, and Mayor Festa voting Yes The Council discussed a possible extention of sanitary sewer service to the property located at 596- 598 Femwood Road Village Engineer Carlos Penn and Building, Zoning and Planning Director John Little participated in discussions with the Council Councilman O'Reilly made a motion authorizing the Village Manager to expend $4,500 00 for an engineering study relating to this matter The motion was seconded by Councilman Padovan and failed on a 1 - 6 voice vote The vote was as follows Councilman O'Reilly voting Yes Councilmembers Llorente, Padovan, Sime, Sullivan, Vice Mayor Wand, and Mayor Festa voted No Page 7 of 9 1 ) -, January 9 1996 The manager submitted the following informational items monthly departmental reports, a copy of Dade County's landscaping ordinance (95-222) adopted on December 5, 1995, a letter from William O'Leary, O'Leary Design Associates, regarding inspection of the vegetation in the Village, dated December 15, 1995, a memorandum from A F Webber, PBS&J Construction Services, to Martha Pant n, Miami -Dade Water and Sewer Department, regarding status of contaminated material, dated December 21, 1995, a letter from Irwin Padhajser, Key Biscayne Presbyterian Church, regarding the church's youth group program, dated December 21, 1995, a memorandum from the Village Manager, regarding stipend for RSMAS student, dated December 27, 1995, a letter from Peter Ballen, 251 Crandon Boulevard, regarding holiday banners, dated December 28, 1995, a copy of the Key Biscayne Chamber of Commerce's monthly report dated December 1995, and a notice from Lynn Whisenhunt, Adelphia Cable Communications, regarding Village's public access programing, dated January 4, 1996 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 SCHEDULE OF FUTURE MEETINGS/EVENTS The following schedule of future meetings and events was presented to the Council and public Village Council Workshop Thursday, January 11, 1996, 7 00 p m Special Village Council Meeting Tuesday, January 23, 1996, 7 00 p m Village Council "Town Meeting" Tuesday, January 30, 1996, 7 00 p m Congressional City Conference Sunday and Monday, March 10 and 11, 1996 13 ADJOURNMENT The meeting was adjourned at 11 40 p m Page 8 of 9 January 9 1996 Respectflrlly sub itted Guido H nguanzo, Jr , CMC Village ' k Approved by the Village Council this 23rd day of January, 1996 i Joh,i 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 9 of 9