HomeMy Public PortalAbout02-13-96 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 13, 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 (arrived at 7 10
p m ), Michele Padovan, Raymond Sullivan (arrived at 7 10 p m ), Betty Sime, 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 January 23, 1996, the
minutes of the special meeting of January 29, 1996, and the minutes of the town meeting of January
30, 1996 were adopted by unanimous consent
5 AGENDA Councilman Padovan requested the deletion of Item 11-A-3, regarding
sponsorship of Miami centennial event at the Cape Flonda Lighthouse, and the addition of
discussion regarding public nght-of-ways and dnveways as Item 11-A-6
The attorney requested the addition of discussion regarding Rickenbacker Causeway toll fees and
the Village's litigation relating to county's Crandon Park Master Plan
There was no objection to the agenda changes
6 SPECIAL PRESENTATIONS Mayor Festa presented a copy of Resolution 96-1
recognizing the Office of the Village Manager and the Department of Finance and Administrative
Services for being awarded a Certificate of Achievement for Excellence m Financial Reporting from
the Government Finance Officers Association Finance Director Jack Neustadt accepted the
resolution on behalf of the manager, Assistant to the Village Manager Yocelyn Galiano, Finance
Assistant Maria Valentine, and himself
Village Planner Raul Lastra and Building, Zoning and Planning Director John Little made a
presentation regarding beach access at the Ocean Club and Grand Bay Resort and Residences
projects
Page 1 of 6
February 13, 1996
Joan Gill Blank, the Village's liaison to the Miami Centennial '96 Committee, made a presentation
regarding Miami's Centennial Celebration and related activities at the Cape Florida Lighthouse
Councilman Padovan made a motion approving sponsorship of the July 27, 1996 Cape
Flonda Lighthouse Re -lighting Celebration in the amount of $15,000 00 The motion was
seconded by Councilman O'Reilly
Councilman Llorente offered an amendment to sponsor the event in the amount of
$25,000 00 The motion was seconded by Mayor Festa 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
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
7 PUBLIC COMMENTS Mortimer Fried, 291 Harbor Court, addressed the Council
regarding entrance fees at the Cape Florida State Recreation Area
8 PUBLIC HEARINGS Heanng Number 96 -0213 -VC -01 St Agnes Catholic Church, the
applicant, requested approval for a carmval to be operated on the school and church premises at 122
Harbor Drive from March 1 - 3, 1996
Building, Zoning and Planning Director Little stated his recommendation for approval subject to
specified conditions
Mayor Festa opened the public hearing There were no speakers present
Vice Mayor Waid made a motion approving the application The motion was seconded by
Councilman Sime and adopted by a unanimous voice vote The vote was as follows
Councilmembers Llorente, O'Reilly, Padovan, Sune, Sullivan, Vice Mayor Waid, and Mayor Festa
voting Yes
9 ORDINANCES The clerk read the following ordinance, on second 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
Page 2 of 6
February 13 1996
Consideration of the ordinance was deferred until March 12, 1996
10 RESOLUTIONS There were no resolutions considered by the Council
11 REPORTS AND RECOMMENDATIONS The following items were discussed
Councilman O'Reilly made a motion directing the Village Attorney to draft the necessary ordinances
to enact the following amendments to the Village Charter
Debt Limit An aggregate limit on all debt The limit is to be one percent of the value of
taxable property within the Village
Voter Approval Require voter approval on incumng any debt over $1,000,000 00
Mandatory Reduction Require Debt Reduction and Tax Relief Reserve into which yearly
must be swept all unexpended balances and the amounts of all defeated or otherwise failed
spending proposals dunng the fiscal year
The motion was seconded by Vice Mayor Waid After extensive discussion, the motion was
adopted by a 4 - 3 roll call vote The vote was as follows Councilmember Llorente,
O'Reilly, Padovan, and Vice Mayor Waid voting Yes Councilmembers Sure, Sullivan and
Mayor Festa voted No
Councilmembers Llorente and Padovan discussed the Council's recent decision regarding the
construction of a sidewalk on the south side of West Mashta Dnve
Chnstian Johansen, 212 West Mashta Dnve, representing the residents of the south side of
West Mashta Drive, presented a petition to the Council from the residents of the south side
of West Mashta Dnve, requesting that the sidewalk be located on the north side of the street
The following residents addressed the Council Ward Rathbone, 275 West Mashta Dnve,
Roberto Decespedes, 188 West Mashta Dnve, Lou Vacarro, 260 West Mashta Drive, Bill
Ofgant, 512 Fernwood Road, Raul Vidal, 92 West Mashta Drive, Jim Taintor, 355 Harbor
Drive, Haydee Archibald, 881 Ocean Dnve, Dan Morrison, 797 Glenndge Road, Sara
Baker, 268 West Mashta Dnve, Michael Brackett, 224 West Mashta Drive, and Alam
DeGrelle, 176 West Mashta Drive
Mark Kline, of the firm of Keith and Schnars, 6500 North Andrews Avenue, Fort
Lauderdale, representing the residents of the south side of West Mashta Drive, also addressed
the Council
Page 3 of 6
February 13, 1996
Councilman Sime made a motion to defer the construction of the sidewalk on West Mashta
Dnve until such time as the residents, staff and Council have further studied the matter The
motion was seconded by Mayor Festa
Councilman Padovan offered an amendment that a consultant be hired to study Village -wide
traffic matters The motion was seconded by Councilman O'Reilly After extensive
discussion, the amendment was withdrawn
The Sime 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
Councilman Sullivan discussed an alcohol regulation study completed by the Building, Zoning and
Planning Department
Councilman Sullivan made a motion prohibiting the selling of alcohol within Village limits
from 2 00 a m to 6 00 a m The motion was seconded by Councilman Sime
Jim Taintor, 355 Harbor Drive, and Benin Zambrano, 452 Fernwood Road, addressed the
Council
The attorney advised the Council that an ordinance would be required to enact the provisions
of the Sullivan motion
Councilman Sime offered an amendment that the attorney draft the necessary ordinances to
enact the provisions of the Sullivan motion The motion was seconded by Mayor Festa and
adopted by 4 - 2 - 1 roll call vote The vote was as follows Councilmembers Padovan,
Sime, Sullivan, and Mayor Festa voting Yes Councilman O'Reilly and Vice Mayor Waid
voted No Based on the advice of the attorney, Councilman Llorente abstained due to a
conflict of interest
Mayor Festa offered an amendment that the regulation of different types of establishments
be incorporated in the ordinance The motion was seconded by Councilman Padovan and
adopted by a 4 - 2 - 1 roll call vote The vote was as follows Councilmembers Padovan,
Sine, Sullivan, and Mayor Festa voting Yes Councilman O'Reilly and Vice Mayor Waid
voted No Councilman Llorente abstained due to a conflict of interest
The amended Sullivan motion was adopted by a 4 - 2 - 1 roll call vote The vote was as
follows Councilmembers Padovan, Sime, Sullivan, and Mayor Festa voting Yes
Councilman O'Reilly and Vice Mayor Wand voted No Councilman Llorente abstained due
to a conflict of interest
Page 4 of 6
February 13, 1996
Mayor Festa made a motion extending the meeting until 11 30 p m The motion was seconded by
Councilman Sullivan and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers
Llorente, O'Reilly, Padovan Sullivan, and Mayor Festa voting Yes Councilman Sime and Vice
Mayor Waid voted No
Councilman Padovan discussed the Council's January 29, 1996 denial of a vanance to permit a
driveway in the right-of-way for the residence at 601 Harbor Drive
Owen Bazan and Maria Valls, 662 Glenndge Road, addressed the Council
The attorney and Building, Zoning and Planning Director Little participated in discussions
with the Council
On the advise of the attorney, the Council consented to defer consideration of this item until
such time as the attorney's office has further reviewed the matter
The clerk submitted proposed procedures for permitting owners of real property within the Village
of Key Biscayne to vote in the "Straw Ballot for Land Acquisition" special election to be held on
March 12, 1996 Mayor Festa made a motion approving the procedures The motion was seconded
by Councilman Padovan 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
The manager submitted the following informational items the monthly departmental reports, a
letter from Augustin Bolario United States Marine Corps, regarding military exercises on Key
Biscayne, dated December 29, 1995, a letter from Evan Marks, G Soros Realty, Inc , regarding
change m ownership of Ocean Club interests, dated January 5, 1996, copy of State of Flonda check
in the amount of $699,082 08' and Grant Award Agreement between the Village and the Flonda
Communities Trust respectively dated January 17 and January 26, 1996, a copy of public notice
regarding proposed Second Penodic Nounshment of beach at Surfside and Miami Beach dated
January 19, 1996, a letter from the mayor, to the Dade County Expressway Authority, regarding
proposed Rickenbacker Causeway toll increase, dated January 22, 1996, a letter from Carl Skiles,
Fortin, Leavy, Skiles, Inc , to Paul Abbot, Grand Bay Resort and Residences, regarding south side
wall, dated January 23, 1996, a memorandum from the Recreation Department's program
coordinator, regarding shuttle service to the Royal Canbbean Classic, dated January 31, 1996, a
memorandum from Thomas Ziebard, Exclusive Sports Marketing, regarding 1996 Gatorade
Tnathlon, dated January 31, 1996, a letter from Grace Walther, Village resident, regarding Police
Officer Jorge Mora, dated February 1, 1996, a memorandum from the manager, regarding the
Village Green maintenance program, dated February 2, 1996, a memorandum from the finance
director, regarding 1996-97 budget time -table, dated February 6, 1996, a memorandum from James
Decocq, RSMAS beach consultant, regarding beach preservation and restoration monthly report,
Page 5 of 6
February 13 1996
dated February 7, 1996, a letter from Sandra Goldstein, Village resource volunteer, regardmg beach
preservation technology conference, dated February 8, 1996, a letter from Richard Pollack, Winn -
Dixie Stores, Inc , regarding shopping carts, a the January 1996 monthly report from the Key
Biscayne Chamber of Commerce
Mayor Festa made a motion extending the meeting until 11 45 p m There was no second to the
motion
Mayor Festa made a motion continuing the meeting to Tuesday, February 20, 1996 The motion was
seconded by Councilman Sune and adopted by a 5 - 2 voice vote The vote was as follows
Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilman
O'Reilly and Vice Mayor Wald voted No
The meeting was recessed at 11 30 p m
Resp ' u y s bmitted
Guido H nguanzo, Jr , CMC
Village
e
k
Approved by the Village Council
this 121.1 day of March, 1996
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
Page 6 of 6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
":OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
AMI FIRST NAME MIDI)! E NAME-
Llorente, Raul
NAME OF BOARD COUNCIL COMMISSION AUTHORITY OR COMMITTEE
Village Council
MAII IN( ADDRESS
345 Cypress Drive
CITY
Key Biscayne, FL 33149
C OUN FY
Dade
1 HE BOARD COUNCII COMMISSION AUTHORITY OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF
K] CITY 0 COON FY 0 01 H ER LOCAL AGENCY
DA!! ON WHICH VOIFO((URRFD
February 13, 1996
NAME OF POI ITICAI SUBDIVISION
Village of Key Biscayne
MY POSITION 15
f] ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county city or other local level of government on an appointed or elected board
council commission authority or committee It applies equally to members of advisory and non advisory bodies who are presented
with a voting conflict of interest under Section 112 3143 Florida Statutes
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position Fof this reason please pay close attention to the instructions on this form
before completing the reverse side and filing the form
F
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES
A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special
private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and
officers of independent special tax districts elected on a one -acre one vote basis are not prohibited from voting in that capacity
For purposes of this law a "relative includes only the officer s father mother son daughter husband wife father-in-law mother in-
law son-in-law and daughter-in-law A "business associate means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner Joint venturer coowner of property or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange)
ELECTED OFFICERS
In addition to abstaining from voting in the situations described above you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting who should incorporate the form in the minutes
APPOINTED OFFICERS
Although you must abstain from voting in the situations described above you otherwise may participate in these matters However
you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and
whether made by you or at your direction
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
VOTE WLL BE TAKEN
• if ou must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting who will incorporate the form in the minutes
• A copy of the form must be provided immediately to the other members of the agency
• The form must be read publicly at the next meeting after the form is filed