HomeMy Public PortalAbout06-13-95 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, JUNE 13, 1995
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1 CALL TO ORDER/ROIL CALL OF MEMBERS The meeting was called to order by
Mayor Festa at 7 05 p m. Present were Councilmembers Raul Llorente, Hugh O'Reilly,
Michele Padovan, Raymond Sullivan, John Wald, Vice Mayor Betty Sane, and Mayor John
Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo
and Village Attorney Steve Helfman
2 INVOCATION Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an
invocation
3 PLEDGE OF ALLEGIANCE. EGIANCE. Mayor Festa led the Pledge
4 APPROVAL OF The minutes of the special meeting of May 23, 1995 and
the minutes of the workshop meeting of June 6, 1995 were adopted by unanimous consent
5 AGENDA Councilman Llorente requested the addition of discussion regarding a
resolution concerning a Calusa Park development plan There were no objections
6 SPECIAL PRESENTATIONS There were no special presentations scheduled
7 PUBLIC COMMENTS Ed Meyer, 100 Sunrise Drive, addressed the Council regarding
the departmental goals and objectives workshop held on June 12th.
8 ORDINANCES The clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VIILAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 7-107 OF TIM CODE OF KEY BISCAYNE PROVIDING EXIIVI HON FOR
FEDERAL AGENCIES FROM THE REGULATIONS REGARDING FILMING IN THE
VILLAGE, PROVIDING FOR SEVERABIIITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE
The mayor opened the public hearing There were no speakers present
Councilman O'Reilly made a motion adopting the ordinance on second reading The motion
was seconded by Councilman Padovan Ordinance 95-7 was adopted by a 6 - 1 roll call vote
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June 13, 1995
The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and
Mayor Festa voting Yes Vice Mayor Sime voted No
9 RESOLUTIONS The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORING THE VIIIAGE MANAGER TO ENTER INTO A PERMIT
AGREEMENT (NQ OF -661) WITH MEIIZOP TITAN DADE COUNTY FOR THE
CJONSTRUCIION OF A S1DRMDRAINAGE SYSTEM CONSISTING OF EIGHIEEN
DRAINAGE WI?LIS, CATCH BASINS AND WEIRS WITHIN THE VILLAGE,
APPROPRIATING FUNDS FOR PAYMENT OF PJ l 'li T Fes, PROVIDING FOR
AN EFFECIIVE DATE
Mayor Festa made a motion adopting the resolution The motion was seconded by Vice
Mayor Sime Resolution 95-18 was adopted by a unanimous voice vote The vote was as
follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wand, Vice Mayor Sime,
and Mayor Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF TILE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER 10 EXECUTE THE ATTACHED
ACCESS AND INDEMNIFICATION AGREEMENT BETWEEN THE VIIIAGE AND
THSP ASSOCIATES umnm PARTNERSHIP III AND THE OCEAN CLUB
PARTNERSHIP (FOR FOURTH OF JULY FIREWORKS DISPLAY),
PROVIDING FOR AN EFFECIIVE DATE
Councilman Llorente made a motion adopting the resolution. The motion was seconded by
Councilman Sullivan. Resolution 95-19 was adopted by a unanimous voice vote The vote
was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor
Some, and Mayor Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING
A DONATION IN THE AMOUNT OF $ FROM THE KEY BISCAYNE
COMMUNITY CENTER, INC FOR THE PURPOSE OF FUNDING A COMMUNITY
CENTER AND PROVIDING FOR AN EFFECTIVE DATE
After brief discussion, action on the resolution was deferred to a future meeting
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June 13, 1995
10 BUIIDING, ZL 1NG AND PLANNING The following hearing was held
Zoning Hearing Number 95 -0613 -VC -01 A.W L Key Associates, the applicant, 455
Crandon Boulevard/555 Ocean Drive, requested an administrative tract review of Tract A and
Tract D for the project entitled "Grand Bay Tower and Resort Key Biscayne"
Building, Zoning and Planning Director John Little stated his recommendation for approval of
the application subject to specified conditions
Carter McDowell and Doug Weiser, 455 Crandon Boulevard, representing the applicant,
addressed the Council
The mayor opened the public hearing Shirley Brill, 550 Ocean Drive, addressed the Council
Mayor Festa made a motion adopting staffs recommendation The motion was seconded by
Councilman Waid and adopted by a unanimous voice vote The vote was as follows
Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor
Festa voting Yes
11 REPORT'S AND RECOMMENDATIONS The following reports were submitted
Mayor and Councilmembers Councilman Padovan made a motion directing the manager to
repay the Village's $1,000,000 00 FEMA Community Disaster loan The motion was
seconded by Councilman Wald. After brief discussion, the motion was adopted by a
unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly,
Padovan, Sullivan, Wand, Vice Mayor Sime, and Mayor Festa voting Yes
Councilman Sullivan addressed the issue of allegations regarding possible wrong -doing in
connection with the Village's application for the FEMA Community Disaster loan.
,,,,,.Councilman Padovan discussed her April 25, 1995 motion regarding the termination of the
manager Councilman Padovan made a motion to remove from the table the motion to
terminate the manager The motion was seconded by Councilman Llorente and adopted by a
unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly,
Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes The Padovan
motion termmating the manager failed by a unanimous roll call vote The vote was as
follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime,
and Mayor Festa voted No
Councilman Sullivan discussed the possibility of studying a sanitary sewer project m relation
to the stormwater project Village Engineer Carlos Penin addressed the Council The Council
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June 13, 1995
directed staff to prepare a report on the matter
Mayor Festa requested deferral of an item regarding the appointment of a special master for
code enforcement matters
Councilman Llorente discussed the manager's public statement "A Public Statement on
Village Government The Good, The Bad and Suggestions on How to Bring Us Together
Again" published on June 6, 1995
Vice Mayor Sime gave an update regarding the Village's Master Plan. The Council discussed
concerns of the state's Department of Community Affairs (DCA) regarding salutary sewers
Councilman Sullivan made a motion adopting the recommendations of DCA. The motion
was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote
was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor
Sime, and Mayor Festa voting Yes
Councilman Llorente discussed a development plan for Calusa Park and submitted the
following resolution for the Council's consideration
A RESOLUTION OF THE VIIIAGE OF KEY BISCAYNE, FLORIDA
DIRECTING THE VIII. AGE MANAGER TO PREPARE A DEVELOPMENT PLAN
FOR CALUSA PARK AND TO REQUEST FROM MEIROPIIT'AN DADE COUNTY
AND THE MATRONS THAT THE SUBJECT DEVELOPMENT PLAN BE
INCLUDED AS AN INTEGRAL PART OF THE C tANDON PARK 1VIASTFR PLAN
AND PROVIDING FOR AN EFFIMTIVE DATE
By consent, Section One was amended to read as follows "Directing the Village
Manager to prepare a development plan for Calusa Park and to request from
Metropolitan Dade County and the Mathesons that the subject development plan be
included as an integral part of the Crandon Park master plan "
Vice Mayor Sime made a motion adopting the amended resolution. The motion was
seconded by Councilman O'Reilly Resolution 95-20 was adopted by a 6 - 1 voice
vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan,
Sullivan, Wald, and Vice Mayor Sime voting Yes Mayor Festa voted No
The Council requested that the mayor contact the county manager to discuss the issue
of installing play equipment at Calusa Park.
Village Attorney The attorney did not submit a report
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thane 13, 1995
Village Clerk. The clerk did not submit a report
Village Manager Village Engineer Penn and Alma Corbato, of C A.P Falgineering, made a
presentation regarding the proposed sidewalk projects for Harbor Drive, Fernwood Road and
West Mashta Drive
The following matters relating to the Village Green were discussed
Mayor Festa made a motion approving use of the park by the Kiwarus Club for a
Fourth of July picnic The motion was seconded by Vice Mayor Sune and adopted by
a unanimous voice vote The vote was as follows Councilmembers Llorente,
O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes
The Council discussed proposed fees and charges for rental of the park.
The Council discussed proposed rules and regulations for the park. Emergency
Services Director Michael Flaherty participated in discussions with the Council
Councilman Padovan made a motion adopting Rule 9, regarding domestic animals, as
presented in the manager's memorandum, dated June 5, 1995 The motion was
seconded by Mayor Festa and adopted by a 4 - 3 voice vote The vote was as
follows Councilmembers Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa
voting Yes Councilmembers Llorente, O'Reilly and Waid voted No
The manager advised the Council that an additional 153 trees, which were ongmally
slated for Crandon Boulevard, will be planted at the park.
The Council authorized the manager to pursue an offer from the Village of Bal
Harbour for Pigeon Plum trees at no cost
The manager discussed the following matters relating to the Building, Zoning and Planning
Department
Building, Zoning and Planning Director Little presented a staffing plan for his
department pursuant to a recently adopted county ordinance
The manager discussed the need to lease additional office space at the Key Biscayne
Bank Building for use by the department
Village Planner Raul Lastra presented a report regarding parking on East Enid Drive
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June 13, 1995
The planner also presented a summary of the department's June 1st public information
session regarding the proposed bus route change
The manager discussed the proposed name change for Fernwood Road Chiqui Labare, 414
Fernwood Road, addressed the Council The manager was directed to advertise a public
hearing for September 12, 1995 to consider the matter
Councilman Padovan made a motion to extend the meeting until 11 15 p m. The motion was
seconded by Mayor Festa 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 Waid and Vice Mayor Sime voted No
The manager gave an update on the stormwater construction project
The manager informed the Council that the Village has been awarded a "COPS FAST'
federal grant for additional police protection
The manager presented a proposed schedule for consideration of the 1996 fiscal budget
The manager submitted the following informational items the monthly departmental reports
and a letter from Nicholas Mansbach, Dade Marine Institute, regarding beach clean-up
project, dated May 18, 1995
12 OTHER BUSINESS/GENFRAL DISCUSSION There was no further business
discussed
13 SCHEDULE OF RTIURE MEE11NGS/EVENTS A schedule of future meetings was
presented to the Council and public
14 The meeting was adjourned at 11 10 p m.
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June 13, 1995
Approved tlus i of LA -LA , 1995
PP �J'
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE
COUNCIL WITH RESPECT TO ANY M411T'R CONSIDERED AT A MEETING OR
HE4RING, 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 THEAPPE4L IS TO BE BASED
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