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
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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
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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
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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
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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
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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
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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
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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
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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
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