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HomeMy Public PortalAbout11-14-95 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 14, 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 05 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (arrived at 7 10 p m ), John Wald, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfinan 2 INVOCATION Finance Director Jack Neustadt 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 October 5, 1995, the minutes of the regular meeting of October 10, 1995, and the minutes of the special meeting of October 24, 1995 were adopted by unanimous consent 5 AGENDA Mayor Festa submitted the following informational items a letter from Ana Mama Caballero, Haagen-Dazs Shop, regarding vending on the Village Green, dated October 30, 1995, a letter from Barbara Throne, United States Department of Justice, regarding a benefit for the victims of the Oklahoma City federal building bombing, dated November 2, 1995, and a letter from Rafael Rivas-Vasques, a Village resident, regarding volunteer work m security matters, dated November 7, 1995 Vice Mayor Sime requested the addition of discussion regarding construction m the Village as Item 11-A-4 Councilman Padovan requested the addition of discussion regarding flooding problems on Galen Dnve as Item 11-A-5 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS Don Murray, representmg the Key Biscayne Community Center, Inc organization, made a presentation to the Council of a check m the amount of $27,855 72 to be used for the construction of a community center pursuant to the stipulations of Resolution 95-33 Page 1 of 11 November 14 1995 A presentation by Sandra Goldstein, the Village's resource volunteer, regarding a Key Biscayne beach study, was deferred John Casagrande, district manager and vice president of Brownmg-Fems Industries of Flonda, the Village's solid waste contractor, made a presentation to the Council regarding the terms of an interlocal agreement with Metropolitan Dade County for use of the county's solid waste management system Mr Casagrande also answered inquires from the Council regarding the Village's solid waste and recycling program Mayor Festa made a motion to hear Item 11 -D -1-a, regarding a grant request by the Key Biscayne Presbytenan Church, at the conclusion of the special presentations 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 Victor Alonso, supervisor of the Dade County Public Schools' Office of Capital Improvement Projects, made a presentation to the Council regarding the renovation of the Key Biscayne Elementary School David Johnson, the architect on the project, also participated m the discussions with the Council Bonnie Cooper, 77 Crandon Boulevard, and Bill Ofgant, 512 Fernwood Road, addressed the Council Councilman Padovan, chairman of the Key Biscayne Beautification Foundation, made a presentation to the Council regardmg a proposal by the organization for the landscaping of the Crandon Boulevard medians Cecile Sanchez, a member of the organization, also participated m the discussions with the Council It was the consensus of the Council to direct the manager to consult a landscape architect regarding the group's recommendations and report to the Council at a future date A presentation by Doug Weiser president of the Grand Bay Resort and Residences, regardmg the Grand Bay project, was deferred At this time, the Council heard Item 11 -D -1-a concerning a grant request by the Key Biscayne Presbytenan Church The Key Biscayne Presbyterian Church requested a grant m the amount $10,000 00 for the purchase of equipment for the youth ministry The attorney advised the Council that Flonda constitutional law prohibits the allocation of monies from the public treasury for aid of religious organizations Page 2 of 11 November 14, 1995 Councilman Llorente made a motion awarding the grant request The motion was seconded by Councilman Padovan The following citizens addressed the Council Rev John Cnmmons, 60 Harbor Drive, representmg the church, Mortimer Fried, 291 Harbor Court, Greg Han, 685 Curtiswood Dnve, Bonnie Cooper, 77 Crandon Boulevard, representmg the Key Biscayne Athletic Club, Amy O'Neill, 200 Hampton Lane, Enn Feinberg, 3240 Matilda Street, Miami, Irwin Podhajser, 290 Greenwood Lane, representmg the church, Sidney Cooper, 170 Ocean Lane Dnve, Jeremy Diehl, 50 Ocean Lane Drive, Nancy Stoner, 620 Mashta Drive, James O'Neil, 200 Hampton Lane, Ian Thomas, 721 Allendale Road, Ana Catarajano, 200 Cypress Drive, and Giovanni Casa, 650 Ocean Drive After extensive discussion, the Llorente motion failed on a 1 - 6 voice vote The vote was as follows Councilman Llorente voting Yes Councilmembers O'Reilly, Padovan, Sullivan, Wand, Vice Mayor Sime, and Mayor Festa voted No 7 PUBLIC COMMENTS Elena Cora, Pedro Gomez and Jose Lopez, residents of 251 Galen Drive, addressed the Council regarding flooding problems on Galen Dnve properties created by construction at the Grand Bay development site Building, Zoning and Planning Director John Little answered Council mquines regarding this matter At this time, Doug Weiser, of the Grand Bay Resort and Residences project, 455 Grand Bay Drive South, made a presentation to the Council regarding the project 8 PUBLIC HEARINGS The following item was discussed All witnesses giving testimony m the following zoning hearing were sworn m by the clerk J-Ieanng Number 95 -1114 -VC -01 Key Biscayne Bank and Trust Company (SunBank Key Biscayne), 95 West McIntyre Street, the applicant, requested approval of uniform sign graphics cntena for a multitenant center and a monument sign for the SunTrust Bank Director Little stated his recommendation for approval subject to specified conditions Bob Brookes, 95 West McIntyre Street, representing the applicant, addressed the Council The mayor opened the public hearing There were no speakers present Page 3 of 11 November 14, 1995 Mayor Festa made a motion adoptmg staffs recommendation The motion was seconded by Councilman Waid and adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes 9 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2 03 OF THE CHARTER OF THE VILLAGE OF KEY BISCAYNE, REDUCING THE TERM OF COUNCILMEMBERS FROM FOUR YEARS TO TWO YEARS, PROVIDING REQUISITE BALLOT LANGUAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CHARTER AND AN EFFECTIVE DATE The mayor opened a public hearing The following residents addressed the Council Sidney Cooper, 170 Ocean Lane Drive, Mortimer Fried, 291 Harbor Court, Bonnie Cooper, 77 Crandon Boulevard, and Jim Haney, 472 Glenndge Road Vice Mayor Sime made a motion adoptmg the ordmance on first reading The motion was seconded by Councilman Waid and adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Llorente, Sullivan, Waid, and Vice Mayor Sime voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voted No Councilman Waid made a motion schedulmg the ordinance for second hearing on January 9, 1996 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 clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION, REPEALING APPLICABLE PROVISIONS OF THE CODE OF METROPOLITAN DADE COUNTY REGARDING PARKS AND RECREATION, ADDING A NEW CHAPTER TO THE VILLAGE OF KEY BISCAYNE REGARDING RULES AND REGULATIONS FOR ALL PARKS AND OTHER AREAS MAINTAINED AND OPERATED BY THE VILLAGE OF KEY BISCAYNE RECREATION DEPARTMENT AS WELL AS THE BEACHES AND OCEAN AREAS AVAILABLE TO THE PUBLIC IN THE INCORPORATED AREA Page 4 of 11 November 14, 1995 OF THE VILLAGE OF KEY BISCAYNE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The attorney presented an alternate ordinance which incorporated the rules outlined in Exhibit A of the ordinance adopted on first reading as part of Section 2 of the alternate ordinance The alternate ordinance also included the addition of the following language m Rule 13 "02) No person or persons shall engage in any organized or pick-up athletic events, games. practice for same. or exercise. such as football. baseball. softball. soccer, volleyball, utilizing a substantial portion of any park or recreation area without written permit of the Recreation Department. said permit to clearly define the nature of the activity, the limit of its scope and time and setting forth such other restrictions and requirements as the Recreation Department may deem necessary " Councilman O'Reilly made a motion adopting the alternate ordinance on second reading The motion was seconded by Councilman Padovan Councilman Llorente offered an amendment to Rule 9 as follows It aide -County -Der Gentral-ertintanee-No-5.8-2-8-fSeettefts-5-34-1-9-sitall-apply-tet-afframI all -park -property - Park users accompanied by their domestic animals shall keep them under their supervision and control on leash. shall remove their droppings and shall be responsible for their actions Unattended domestic animals shall not be allowed in the parks " The Llorente amendment was seconded by Councilman Wald and failed on a 3 - 4 voice vote The vote was as follows Councilmembers Llorente, O'Reilly and Wald voting Yes Councilmembers Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting No Councilman O'Reilly offered an amendment to Rule 7(g) as follows "No fires shall be built by any person against or adjacent to any park building, structure, tree or plant or near the property of others or m any area of any park except m such areas as are specifically designated for fire building, , II Page 5 of 11 November 14, 1995 The O'Reilly amendment was seconded by Councilman Waid and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes Councilman Sullivan and Vice Mayor Sime voted No Councilman O'Reilly requested that a scnveners error m Rule 10 be corrected as follows "Using the fountains, bays or any other bodies of water within the parks, storm sewers or drains flowing into them as dumping places for any substance or matter ergs which will or may result m the pollution of said waters is prohibited " Mayor Festa offered an amendment to Rule 12 as follows "No person, persons, organization or firm other than the Recreation Department or regularly persons acting by and under the authority of the Village of Key Biscayne will expose or offer for sale, rent or trade, any article or thing, or station or place any stand, cart, or vehicle for the transportation, sale or display of any article or merchandise within the limits of any park or recreation area." The Festa amendment 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 Councilman O'Reilly offered an amendment striking "speeches" from the title of Rule 13 The O'Reilly amendment 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 Councilman O'Reilly offered an amendment to Rule 15 as follows "Rule 15 Drunkenness/violation of laws No intoxicated person or person whose conduct is m violation of state and local laws will be permitted entry to parks or recreation areas and if discovered therein will be ejected forthwith " The O'Reilly amendment was seconded by Vice Mayor Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sune, and Mayor Festa votmg Yes Page 6 of 11 November 14 1995 Cecilia O'Reilly, 475 Allendale Road, addressed the Council The ordinance, as amended, was adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Mayor Festa made a motion extending the meeting until 11 30 p m The motion was seconded by Councilman Padovan and adopted by a 4 - 2 - 1 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes Councilman O'Reilly and Vice Mayor Sime voted No Councilman Waid was absent during the vote 10 RESOLUTIONS The following resolutions were considered by the Council The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Sime Resolution 95-37 was adopted by a 5 - 1 - 1 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilman O'Reilly voted No Councilman Waid was absent during the vote The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Sime Resolution 95-38 was adopted by a 6 - 0 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa votmg Yes Councilman Waid was absent during the vote The clerk read the following resolution by title Page 7 of 11 November 14, 1995 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, ON BEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY, TO RECEIVE A COMMUNITY DRUGS AND CRIME PREVENTION PROGRAM GRANT, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Sime Resolution 95-39 was adopted by a 6 - 0 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Waid was absent during the vote The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY FOR USE OF COUNTY SOLID WASTE MANAGEMENT SYSTEM, PROVIDING FOR AN EFFECTIVE DATE The manager recommended the adoption of the resolution After extensive discussion, there was no Council action 11 REPORTS AND RECOMMENDATIONS The following matters were discussed Mayor and Councilmembers Pursuant to Section 2 02 of the Village Charter, an election was held for the vice mayor's seat Councilman Llorente nominated Councilman Waid The nomination was seconded by Councilman Sullivan Councilman Wald nominated Councilman Llorente The nomination was seconded by Vice Mayor Sime Voting by ballot, the Council elected Councilman Waid to serve as vice mayor The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting for Councilman Waid Councilman Waid and Vice Mayor Sime votmg for Councilman Llorente Page 8 of 11 November 14 1995 Councilman Llorente discussed the status of the manager's discussions with the Key Biscayne Bank (SunTrust Bank) regarding the Village's interest m purchasing the land adjacent to the Village Green as per the Council's motion of May 23, 1995 Councilman Llorente made a motion authorizing the Village Manager to present a bona fide contract for purchase agreement of $3 5 million, with a time limit for acceptance, to SunTrust Bank for the purchase of their property from the Village Green to West McIntyre Street The motion was seconded by Councilman Padovan The following citizens addressed the Council Julie Alvarez, 234 Seaview Dnve, Bill Ofgant, 512 Femwood Road, Jim Haney, 472 Glenndge Road, and Bonnie Cooper, 77 Crandon Boulevard After extensive discussion, the Llorente motion failed on a 2 - 5 vote The vote was as follows Councilmembers Llorente and Padovan voting Yes Councilmembers O'Reilly, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa voted No Mayor Festa made a motion extending the meeting until 12 00 midnight The motion was seconded by Councilman Sulhvan and failed on a 3 - 4 voice vote The vote was as follows Councilmembers Llorente, Sullivan and Mayor Festa voting Yes Councilmembers O'Reilly, Padovan, Sime, and Vice Mayor Waid voted No Councilman Padovan made a motion to reconsider the previous question The motion was seconded by Mayor Festa and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa votmg Yes Councilman O'Reilly and Vice Mayor Waid voted No The motion extending the meeting until 12 00 midnight was adopted by a 4 - 3 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes Councilmembers O'Reilly, Sime and Vice Mayor Waid voted No The Council resumed its discussions regarding land acquisition from the Key Biscayne Bank Councilman Sulhvan made a motion directing the manager to have the bank property adjacent to the Village Green and the Crandon Boulevard/McIntyre Street property adjacent to the Emergency Services Complex appraised The motion was seconded by Councilman O'Reilly 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 votmg Yes Mayor Festa made a motion to reconsider the previous question The motion was seconded by Councilman Llorente and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes Councilman Sullivan and Vice Mayor Waid voted No Page 9 of 11 November 14, 1995 Mayor Festa made a motion adopting the Sullivan appraisal motion with an added provision to include an appraisal of the Key Biscayne Bank Building The motion was seconded by Councilman O'Reilly and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa votmg Yes Councilman Sullivan and Vice Mayor Waid voted No Julian Goldstein, 611 Ocean Drive, representmg the Rotary Club of Key Biscayne, petitioned the Council for use of the Village Green on January 27 and 28, 1996 as the site of club's annual art festival Councilman O'Reilly made a motion approving the club's request subject to a site plan being provided to the Village and that the club coordinate the activity with the Recreation Department The motion was seconded by Councilman Wand 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 Councilman Sime made a motion approving use of the Village Green for the Wmterfest event, sponsored by the Village and the Key Biscayne Chamber of Commerce, on December 3, 1995 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 votmg Yes Vice Mayor Wand made a motion approving the use of the Village Green for a "Concert on the Green," sponsored by the Grand Bay Resort and Residences, on December 10, 1995 The motion was seconded by Mayor Festa and adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Sime, Sullivan, Vice Mayor Wand, and Mayor Festa voting Yes Councilman Padovan voted No Richard Cifuentes, representmg the Key Biscayne Music and Drama Club, made a presentation to the Council regarding the organization's request for a grant from the Village The Council deferred a decision on the grant request until its meeting of December 5, 1995 The Council rescheduled the meetmg of November 30, 1995 to December 5, 1995 The attorney's report, the clerk's report and the manager's report were deferred until the meetmg of December 5, 1995 The manager submitted the following informational items to the Council the monthly departmental reports, a letter from Sheldon Pivkik, Dade County Public Works Department, regarding the MAST Academy/Rickenbacker Causeway traffic signal, dated October 3, 1995, a letter from Nicholas Mansbach, Dade Marine Institute, regarding beach clean-up, dated October 16, 1995, a Page 10 of 11 November 14 1995 memorandum from the Administrative Assistant to the Fire Rescue Chief, regarding C P R class enrollment, dated October 18, 1995, a letter from Michael McDaniel, Flonda Department of Community Affairs, regarding the Village's master plan, dated October 20, 1995, a letter from Robert Maggs, a Village resident, to Jeffrey Bunting, Dade County Aviation Department, regarding aircraft noise, dated October 21, 1995, a memorandum from the Village Manager, regarding sidewalk construction program, dated October 24, 1995, a copy of a press release from the Miami - Dade Water and Sewer Department, regarding construction in the Village, dated October 27, 1995, a letter from the Village Attorney, regarding Ocean Club's dedication of property to the Village, dated October 31, 1995, a memorandum from the Village Manager, regarding stormwater improvement program informational door hangers, dated November 3, 1995, a memorandum from the Assistant to the Village Manager, regarding 1995 Employee Development Plan, dated November 6, 1995, a memorandum from Joan Gill Blank, Village resident, regarding Village Green Ceiba (Kapok) trees, dated November 7, 1995, and a memorandum from the Assistant to the Village Manager, regarding neighborhood trash station, dated November 8, 1995 The meeting was adjourned at 12 10 a m Approved this 12:14day of 0-e Ca/A-612-r ,1995 '1 f lageC1= k IFA PERSON DECIDES TO APPEAL ANYDECISIONMADE 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 11 of 11