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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 Pcge1 of7 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 Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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 Page 5 of 7 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. Page 6 of 7 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 Page 7of7 ...