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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