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Home My Public Portal About01-10-95 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 10, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL 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 Waid, Vice Mayor Betty Sime, and Mayor John Festa Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION Attorney Weiss gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge 4 APPROVAL OF MINUTES Councilman Llorente made a motion approving the minutes of the workshop of November 29, 1994, the minutes of the regular meeting of December 13, 1994, the minutes of the continuation meeting of December 22, 1994, and the minutes of the special meeting of December 22, 1994 The motion was seconded by Councilman Padovan 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 5 AGENDA Councilman Llorente requested discussion of Item 11-A-8 during discussion of Item 9-B Councilman O'Reilly requested the deletion of discussion regarding Jackson Memorial Hospital as part of Item 11-A-9 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS Jeffrey Bunting, of the Metro -Dade Aviation Department, addressed the Council regarding aircraft noise abatement procedures recently adopted at the airport John Rosser, 300 Redwood Lane, addressed the matter There was extensive Council discussion By consent, the Council appointed Councilman O'Reilly to serve as the Council's liaison on this matter 7 PUBLIC COMMENTS John Rosser, 300 Redwood Lane, addressed the Council regarding the Council's adoption of Ordinance 94-10, concerning lot fill and elevation 8 ORDINANCES The clerk read the following ordinance, on first reading, by title Page 1 of 7 January 10, 1995 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2-1(a) OF THE VILLAGE CODE BY ABOLISHING THE ECONOMIC DEVELOPMENT DEPARTMENT, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa opened the public heanng Cns Sager, 335 Harbor Drive, addressed the Council After extensive discussion, Councilman Llorente made a motion adopting the ordinance on first reading The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sune, and Mayor Festa voting Yes Councilman Waid voted No The clerk announced the second readmg of the ordmance for February 14, 1995, at 7 00 p m The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE OF KEY BISCAYNE, ESTABLISHING AN ADMINISTRATIVE REVIEW AND APPROVAL PROCESS FOR CERTAIN NON-USE VARIANCES, PROVIDING FOR LIMITATIONS, PROVIDING FOR FINDINGS, PROVIDING FOR AN APPEAL PROCESS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa opened the public hearing The following residents addressed the Council John Rosser, 300 Redwood Lane, Joe Rasco, 310 West Heather Dnve, Jorge Morales, 770 Allendale Road, and Linda Manlm, 121 Island Drive Councilman O'Reilly made a motion adopting the ordinance on second reading The motion was seconded by Councilman Waid Mayor Festa made a motion amending the ordmance by adding the following text to paragraph two of Section 30-24(a) "relating to improvements existing at time of application as opposed to planned construction " The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sune, and Mayor Festa voting Yes Councilman Waid voted No Mayor Festa made a motion deleting Section 30-24(a)(2) The motion was seconded by Vice Mayor Sime and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Page 2 of 7 January 10 1995 Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Waid voted No Mayor Festa made a motion amending Section 30-24(b)(3)by striking "proposed development is" and msertmg "improvements are" The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Waid voted No Councilman Wald made a motion deleting Section 30-24(a)(4) The motion was seconded by Councilman Padovan 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 Councilman O'Reilly made a motion authorizing the attorney to make additional technical corrections The motion was seconded by Mayor Festa and adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sine, and Mayor Festa voting Yes The amended ordinance was adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sine and Mayor Festa voting Yes Councilman Waid voted No 9 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT, ON BEHALF OF THE VILLAGE, WITH 'l'HE KEY BISCAYNE ATHLETIC CLUB, PROVIDING FOR AN EFFECTIVE DATE Bonme Cooper, 77 Crandon Boulevard, representing the Key Biscayne Athletic Club, addressed the Council Councilman O'Reilly called for a point of order regarding the issue of whether the agreement was in fact a contract or a chantable contribution The attorney advised the Council that, in his option, the agreement was a contract m exchange for services to be provided by the orgamzation Councilman O'Reilly called for a pomt of order regarding whether there was competitive bidding on this matter The attorney advised the Council that agreements for professional services are exempt from the Village's purchasing ordinance Page 3 of 7 January 10, 1995 Councilman O'Reilly made a motion amending Section 1 of the resolution by striking "38,500 00" and inserting "25,000 00" The motion was seconded by Councilman Waid and failed on a 2 - 5 voice vote The vote was as follows Councilmembers O'Reilly and Waid voting Yes Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voted No Mayor Festa made a motion adopting the resolution and an agreement m the amount of $35,000 00 The motion was seconded by Vice Mayor Sine Resolution 95-1 was adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilman O'Reilly voted No The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING APPRECIATION TO THE EDNA WARDLAW CHARITABLE TRUST FOR THE DONATION OF $8,000 00 TO BE USED FOR THE BUILDING OF A PLAYGROUND ON THE VILLAGE GREEN, EXPRESSING APPRECIATION TO TRUDIE 0 COKER AND SANDERS OLAVARRIETA, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Sime Councilman Llorente discussed the matter of establishing cntena for accepting donations Resolution 95-2 was 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 At this time, the Council recognized Sandra Goldstem, the Village's beach renounshment liaison, who addressed the Council regarding a proposed Dade County beach renounshment project. By consensus, Councilman Padovan was appointed to work with Ms Goldstem on the matter 10 BUILDING, ZONING AND PLANNING A public hearing, regarding an application for waiver from the building moratonum for the project entitled "Village Centre" at the property located between Fernwood Road and Crandon Boulevard and South of West McIntyre Street, was held by the Council Building, Zonmg and Plaruing Director John Little addressed the Council John Weller, 5200 North Kendall Drive, representing the project, also addressed the Council Page 4 of 7 January 10 1995 After extensive discussion, Councilman Waid made a motion waiving the building moratonum in accordance with the plans, dated January 10, 1995, and submitted to the building, zoning and planning director Mayor Festa opened the public heanng There were no speakers present The motion was seconded by Councilman O'Reilly and adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Waid, and Mayor Festa voting Yes Councilmembers Padovan, Sullivan and Vice Mayor Sime voted No 11 REPORTS AND RECOMMENDATIONS Mayor and Councilmembers The Council discussed the placement of additional stop signs on Fernwood Road The manager was directed to contact the county manager regarding the matter The mayor deferred discussion of the county's art in public places ordinance The mayor deferred discussion of a community information board Councilman Padovan briefly discussed the pnontl7ation of proposed capital improvement projects Councilman Llorente deferred discussion regarding regulations of the Dade County Board of Rules and Appeals The mayor advised the Council that he is coordinating the scheduling of a town meeting with State Representative Bruno Barreiro and State Senator Ronald Silver regardmg state issues Councilman O'Reilly discussed the Village's outstanding FEMA loan Councilman Llorente made a motion to reconsider the item as taken up at the meetmg of December 22, 1994 The motion was seconded by Councilman O'Reilly and failed on a 2 - 5 voice vote The vote was as follows Councilmembers Llorente and O'Reilly voting Yes Councilmembers Padovan, Sullivan, Waid, Vice Mayor Sine, and Mayor Festa voted No Mayor Festa made a motion to extend the meeting until 11 30 p m The motion was seconded by Councilman Llorente and adopted by a 4 - 3 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan, and Mayor Festa voting Yes Councilmembers O'Reilly, Waid and Vice Mayor Sune voted No Vice Mayor Sime gave an update regardmg the possible development Page 5 of 7 January 10 1995 of playing fields on Virginia Key The mayor deferred discussion regarding personnel benefits Village Attorney The attorney reported on the issue of noise problems at the post office facility The attorney updated the Council regarding the progress of the Village's comprehensive plan The attorney discussed the litigation pertaining to the Seaquanum master plan amendment matter The Council requested an executive session to further discuss the matter The attorney advised the Council that the Police Benevolent Association has filed a petition to represent the Village's police department Village Clerk The clerk submitted a copy of his office's annual report to the Council Village Manager The manager and Village Engineer Carlos Perm discussed the replacement of the Mashta Dnve Causeway The following residents addressed the Council Jose Ortega, 621 South Mashta Dnve, Jim Brewster, 500 North Mashta Dnve, and Eddie Alfonso, 711 Mashta Dnve Councilman Sullivan made a motion accepting the engineer's proposal, option number three, as outlined m his memorandum of January 5, 1995 The motion was seconded by Vice Mayor Sime 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 votmg Yes The manager submitted the following informational items monthly departmental reports, a letter from Stephen Gauthier, Government Finance Officers Association, regardmg Certificate of Achievement for Excellence for Comprehensive Annual Financial Report, dated December 5, 1994, a memorandum from Barbara Jarnel, State Board of Administration, regarding local government surplus funds trust pool, dated December 7, 1994, a memorandum from Russell Bremer, PNM Corporation, regardmg Village Green progress report, dated December 8, 1994, a letter from Bob Graham, United States Senate, regardmg beach erosion resulting from Tropical Storm Gordon, dated December 21, 1994, a letter from Mr and Mrs Herbert Wemgast, Village residents, regarding bus shelters, dated December 22, 1994, a letter from Raymond Bancroft, City Hall Digest, regarding public penodical winners, and a memorandum from Armando Vidal, Dade County manager, to county commission, regardmg agreement between county and Village for rental of recyclmg bms and operation of trash center, dated January 4, 1995 The Council workshop regardmg East Emd Dnve was rescheduled for Tuesday, January 24, 1995, at700pm Page 6 of 7 January 10 1995 The meeting was continued to Tuesday, January 17, 1995, at 7 00 p m 12 OTHER BUSINESS GENERAL DISCUSSION There was no further business discussed 13 SCHEDULE OF FUTURE MEETINGS A schedule of future meetings was presented to the Council and public 14 ADJOURNMENT The meeting was adjourned at 11 55 p m Approved this i,3'4" day of Fe br ,1995 Village CleZLii- r IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAI I ER 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 7 of 7