HomeMy Public PortalAbout12-12-95 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, DECEMBER 12, 1995
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 10 p m Present were Councilmembers Hugh O'Reilly, Michele Padovan,
Betty Sime (amved at 7 35 p m ), Raymond Sullivan, Vice Mayor John Waid, and Mayor John
Festa Councilman Raul Llorente was absent Also present were Village Manager Samuel
Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss
2 INVOCATION Father Robert Libby, of the St Christophers-by-the-Sea Church, gave
an invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance
4 APPROVAL OF MINUTES The minutes of the meeting of November 14, 1995 were
adopted by unanimous consent.
5 AGENDA Vice Mayor Waid requested that Item 10-A-2, concerning fire prevention
code enforcement, be heard as the first item of the agenda. Mayor Festa requested that the
Village Engineer be permitted to make a presentation to the Council, regardmg public works
projects, upon his amval Councilman Padovan requested the addition of discussion, concerning
a report from the Dade League of Cities, as Item 10-A-3 Councilman O'Reilly requested the
addition of discussion, regarding a petition for relief for resident James Aldrich, as Item 10-A-4
The mayor recognized the residents of Woodcrest Lane for their holiday decorations on the
Village street trees
Councilman O'Reilly requested a moment of silence m remembrance of resident Mereda Johnson
who recently passed away
At this time, Fire Rescue Chief William Huddleston made a presentation to the Council and
public regardmg the Fire Rescue Department's fire prevention code enforcement program The
chief discussed the South Florida Fire Prevention Code and its impacts on the condomuuums m
the Village
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December 12, 1995
The following residents addressed the Council regardmg the chiefs presentation Judith
Janofsy, 150 Ocean Lane Drive, Shirley Bnll, 550 Ocean Dnve, Mortimer Fried, 291
Harbor Court, Juan Lumier, 150 Ocean Lane Drive, Dorothy Jenkins, Towers, Joe
Ostroksy, 200 Ocean Lane Drive, and Cnstina Reeve, 200 Ocean Lane Drive
After extensive discussion, it was the consensus of the Council that the attorney be
directed to study the matter and report to the Council at a future meeting regardmg
options available to the Village
6 SPECIAL PRESENTATIONS Sandra Goldstein, the Village's beach resource
volunteer, and James Decocg, of the University of Miami's Rosenstiel School of Marine and
Atmospheric Science (RSMAS), made a presentation to the Council regardmg the establishment
of an internship position at RSMAS to serve as a beach renounshment advisor for the Village
Councilman O'Reilly made a motion approving the concept and payment of
admimstrative costs related to the program The motion was seconded by Mayor Festa
and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers O'Reilly,
Padovan, Sime, Sullivan, Vice Mayor Wald, and Mayor Festa voting Yes
The Council held discussions regarding the Village's cable television system
Lynn Whisenhunt, general manager of Adelphia Cable Communications, addressed the
Council regarding his company's franchise agreement
Emmet Schwartzman, 101 Ocean Lane Dnve, addressed the Council
Marro Godench, coordinator of Dade County's Consumer Services Department Office of
Cable Television coordination, also participated m discussions with the Council
7 PUBLIC COMMENTS There were no speakers present
8 ORDINANCES The clerk read the following ordinance, on first 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
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December 12, 1995
Councilman O'Reilly made a motion adopting the ordinance on first reading The motion was
seconded by Councilman Padovan and adopted on by a 4 - 2 roll call vote The vote was as
follows Councilmembers O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes
Councilmembers Sime and Sullivan voted No
9 RESOLUTIONS The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
EXPRESSING APPRECIATION TO THE KEY BISCAYNE COMMUNITY
CENTER, INC FOR THEIR CONTRIBUTION OF $27,855 72, RECOGNIZING
THE EFFORTS OF DON MURRAY, PROVIDING FOR AN EFFECTIVE DATE
Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman
Sime Resolution 95-40 was adopted by a 6 - 0 voice vote The vote was as follows
Councilmembers O'Reilly, Padovan, Sine, Sullivan, Vice Mayor Waid, and Mayor Festa voting
Yes
At this time, Village Engmeer Carlos Perini made a presentation to the Council regarding the
proposed reconstruction of Harbor Dnve (between Crandon Boulevard and Fernwood Road)
The manager was directed to notify property owners affected by the proposed plan
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Councilmembers Padovan and Sine presented the Council with a
report of their activities at the National League of Cities' conference m Phoenix, Anzona.
Councilman Padovan announced that she had been appointed to the environmental and over-
crowded schools committees of the Dade League of Cities
Councilman O'Reilly discussed providing relief for James Aldrich, at eighty percent Village
participation, for construction of a sewer connection for the property at 596 Femwood Road
Building, Zoning and Planning Director John Little and Village Engmeer Penin addressed
Council inquires The Council directed staff to review alternatives available to the property
owner James Aldnch, 596 Femwood Road, addressed the Council
Village Attorney The attorney reported that his office filed a lawsuit, on behalf of the Village,
against Dade County, m matter of the Crandon Park master plan. The Council scheduled an
executive session for Monday, December 18, 1995, at 6 00 p m , to further discuss the matter
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December 12, 1995
Village Clerk The clerk submitted a copy of the mayor's proclamation declaring December 2,
1995 as "Ocean Club Day "
Village Manager The manager discussed the stormwater construction project on Ocean Lane
Drive and the subsequent resurfacing options for the road
Linda Bell, of Williams, Hatfield and Stoner, the Village's stormwater master plan consultant,
addressed Council concerns regarding the Ocean Lane Drive, Holiday Colony and Sunnse Dnve
stormwater construction projects The manager provided a bnef update on the Basins 1 - 8
project on the west side of the island
The manager submitted appraisal reports, completed by Quinlivan Appraisal, regarding the Key
Biscayne Bank (SunTrust) property and building located adjacent to the Village Green and the
property located at the southwest corner of the intersection of Crandon Boulevard and West
McIntyre Street The Council concurred to discuss the matter at the January 9, 1996 meeting
The manager submitted proposals from U S Lawns, Miami, Flonda, and Pesky Critters, Miami,
Florida, regardmg animal control provisions for the Village Mayor Festa made a motion
authonzmg the manager to enter into an agreement with U S Lawns on a month to month basis
The motion was seconded by Councilman Sime and adopted by a 5 - 1 voice vote
Councilmembers Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voting Yes
Councilman O'Reilly voted No
The manager submitted a report regardmg the drainage at the Grand Bay Resort and Residences
project
The manager submitted the following mformational items monthly departmental reports, a
letter from Roberto Smith, Codma-Bush Klein Oncar International, regardmg 200 Crandon
Boulevard property, dated November 2, 1995, a letter from Stephen Gauthier, Government
Finance Officers Association, regarding certificate of Achievement for Excellence m Financial
Reporting, dated November 7, 1995, a memorandum from the Fire Rescue Chief, regardmg flag
protocol, dated November 16, 1995, a letter from Jose Gomez, Florida Department of
Transportation, regardmg Crandon Boulevard lighting project, dated November 20, 1995, a
memorandum from Cecilia Villona, C A P Engmeermg Consultants, Inc , regarding West
Mashta Dnve bndge, dated November 21, 1995, a letter from Sheila Rushton, Metro -Dade
County Consumer Services Department, regarding flat rate for taxi service between the airport
and Key Biscayne, dated November 27, 1995, a letter from the Village Manager to
condoms sum managers, regarding a solid waste collection survey, dated November 29, 1995, a
letter from Bert Fonts, Island Breakers Condominium, regarding Ocean Lane Dnve medians,
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December 12, 1995
dated November 30, 1995, a memorandum from the Building Official, regarding Miami -Dade
Water and Sewer Department's sewer studies, dated November 30, 1995, a letter from
Congresswoman Ileana Ros-Lehtinen, regarding the post office facility, dated November 30,
1995, a letter from Julian Goldstein, Rotary Club of Key Biscayne, regarding art festival, dated
December 4, 1995, a letter from Howard Bardsley, Spray Pro Lawn and Ornamental Services,
regarding Kapok trees on Village Green, dated December 4, 1995, a memorandum from Cecilia
Villona, C A P Engineering Consultants, Inc , regarding sanitary sewer feasibility study, dated
December 5, 1995, a letter from the Village Attorney, regarding proposed dock at 360 Harbor
Dnve, dated December 6, 1995, a copy of the Department of Business and Professional
Regulation's Construction Licensing Board newsletter dated Fall 1995, a copy of the Key
Biscayne Chamber of Commerce's monthly report to the Village dated November 1995, a copy
of a public notice from the Metro -Dade Animal Care and Control regarding spay and neuter
clinic, and a copy of Notice to Proceed from the Florida Department of Environmental
Protections for foundation piles and grade beams for Grand Bay development site
Councilman Sullivan requested that a resolution be drafted for the Council's next meeting
commending the Finance Department and the Office of the Village Manager for eammg the
Achievement for Excellence m Financial Reporting for the third straight year
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business
discussed
12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings
was presented to the Council and public
13 ADJOURNMENT The meeting was adjourned at 11 05 p m
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December 12, 1995
Approved this Q day of J , 1996
age C rk
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
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