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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 Page 1 of 6 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 Page 2 of 6 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 Page 3 of 6 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, Page 4 of 6 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 Page 5 of 6 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 Page 6 of 6