HomeMy Public PortalAbout05-09-95 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, MAY 9, 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 Wald, Vice Mayor Betty Some, and Mayor John Festa Also
present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village
Attorney Richard Weiss
2 INVOCATION Father Robert Libby, of St Chnstophers-by-the-Sea Church, gave an
invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge
4 APPROVAL OF MINUTES By consent, the minutes of the regular meeting of April 11,
1995, the minutes of the special meeting of April 25, 1995 and the minutes of the special meeting
of April 27, 1995 were approved
5 AGENDA Mayor Festa requested deferral of discussion of the sunshine law and agenda items
(Item 10-A-6) and the addition of discussion of the Village's July 4th fireworks show Councilman
Padovan requested deferral of discussion of the gazebo -type for the Village Green (Item 10-A-2)
There were no objections to the agenda changes
6 SPECIAL PRESENTATIONS Anne Owens, of the Islander News, and the winners of the
newspaper's Envirofest essay contest made a presentation to the Council
7 PUBLIC COMMENTS Jim Brewster, 500 North Mashta Dnve, Steve Simon, 335 Harbor
Lane, and Camille Guething, 260 Seaview Drive, addressed the Council regarding the manager
8 ORDINANCES The clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 17 OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS
PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH THE
CONDUCTING OF CONSTRUCTION, PROVIDING FOR PENALTIES FOR VIOLATION,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE
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May 9, 1995
Councilmembers Liorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa votmg
Yes Councilman Sullivan voted No
Councilman Waid offered an amendment requiring that petitioners pay for any costs, incurred by
the Village, associated with the name change The motion was seconded by Councilman Sullivan
and failed by a 2 - 5 roll call vote The vote was as follows Councilmembers Sullivan and Waid
voting Yes Councilmembers Liorente, O'Reilly, Padovan, Vice Mayor Sime, and Mayor Festa
voted No
The amended alternate ordinance was adopted by a 5 - 2 roll call vote The vote was as follows
Councilmembers O'Reilly, Sullivan, Waid, Vice Mayor Sine, and Mayor Festa voting Yes
Councilmembers Llorente and Padovan voted No
9 RESOLUTIONS The clerk read the following resolution by title
A RESOLUTION OF 'THt. VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH BARTON-
ASCIIMAN, FORT LAUDERDALE, FLORIDA, FOR A TRAFFIC STUDY, PROVIDING
FOR AN EFFECTIVE DATE
Bill Ofgant, 512 Fernwood Road, and Henny Becker, 290 West Mashta Drive, addressed the
Council
The manager discussed the scope of the proposed traffic study
Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman
Liorente Resolution 95-14 was adopted by a 6 - 1 voice vote The vote was as follows
Councilmembers Llorente, O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa votmg Yes
Councilman Padovan voted No
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 AGREEMENT WITH THE FLORIDA
COMMUNITIES TRUST, AN AGENCY WITHIN THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, FOR THE DISBURSEMENT OF A $700,000 00 GRANT,
PROVIDING FOR AN EFFECTIVE DATE
After brief discussion, Mayor Festa made a motion adopting the resolution The motion was
seconded by Councilman Liorente Resolution 95-15 was adopted by a unanimous voice vote The
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May 9 1995
vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor
Sime, and Mayor Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING
'1HE CELEBRATION OF THE FLORIDA SESQUICENTENNIAL THROUGHOUT THE
YEAR OF 1995 AND ENCOURAGING ALL CITIZENS TO SUPPORT THE
CELEBRATION, PROVIDING FOR AN EFFECTIVE DATE
Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor
Sime Resolution 95-16 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
10 REPORTS AND RECOMMENDATIONS The following reports were submitted
Mayor and Councilmembers Councilman Padovan discussed her motion, made at the meeting of
April 25, 1995, regarding the termination of the manager She requested that the meeting scheduled
for May 18, 1995 be deferred until a future date in order to provide individual councilmembers with
an opportunity to meet with the manager By consensus, the meeting was rescheduled for June 6,
1995 The following residents addressed the Council Sidney Cooper, 170 Ocean Lane Drive, Jon
Grossman, 375 Hampton Lane, Martha Broucek, 170 Ocean Lane Drive, Bill Ofgant, 512
Fernwood Road, and Mort Fried, 291 Harbor Court
Councilman Llorente discussed the decision of the county to close its fire station at Crandon Park
By consent, the Council directed staff to study the matter of the Village assuming the responsibility
of providing fire rescue services from that station Fire Rescue Chief William Huddleston addressed
the Council Ed Meyer, 100 Sunrise Drive, and Camille Guethmg, 260 Seaview Drive, also
addressed the Council
Councilman Llorente requested an update regarding the petition for lights at Calusa Park Haydee
Devaney, 881 Ocean Drive, addressed the Council
Councilman Sullivan discussed the Village's Federal Emergency Management Agency (FEMA)
community disaster loan
At the request of the mayor, the clerk read the following resolution by title
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May 9, 1995
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING
COUNCIL'S DISASSOCIATION WITH THE WRITTEN COMMENTS OF COUNCILMAN
HUGH O'REILLY REGARDING THE FEMA LOAN, PROVIDING FOR AN EFFECTIVE
DATE
Mayor Festa made a motion to schedule the resolution for consideration at the Council's next
meeting The motion was seconded by Councilman Sullivan and adopted by a 4 - 3 roll call
vote The vote was as follows Councilmembers Padovan, Sullivan, Vice Mayor Sime, and
Mayor Festa voting Yes Councilmembers Llorente, O'Reilly, and Wald voted No
Councilman Waid made a motion to repay the FEMA loan The motion was seconded by
Councilman O'Reilly After brief discussion, the motion was withdrawn
Mayor Festa discussed the draft of a letter addressed to the county manager requesting permission
to promote the Village's Fourth of July fireworks show at the Rickenbacker Toll Plaza By
consensus, the Council approved the letter
Mayor Festa discussed a request by the Key Biscayne Chamber of Commerce to provide a Village
souvenir to be included m the packets for the United States Conference of Mayors' meeting
scheduled for June m Dade County It was the consensus of the Council that staff work with the
chamber to provide an item
Village Attorney The attorney requested the Council's ratification of the legal descnption for the
restrictive covenant settling the litigation m the matter of Village of Key Biscayne vs Metropolitan
Dade County (International Tennis Center) Mayor Festa made a motion adopting the following
resolution
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CLARIFYING THE
LEGAL DESCRIPTION OF LAND INCLUDED IN THE SETTLEMENT AGREEMENT
PREVIOUSLY ENTERED INTO BETWEEN THE VILLAGE OF KEY BISCAYNE AND
METROPOLITAN DADE COUNTY IN CASE NO 90-61564 CA32, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY,
FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING
FOR AN EFFECTIVE DATE
The Festa motion was seconded by Councilman Llorente Resolution 95-17 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
Village Clerk The clerk submitted for the Council's information a copy of the mayor's proclamation
recognizing April 13, 1995 as Arbor Day
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May 91995
Village Manager Councilman Llorente made a motion awarding a charitable donation m the amount
of $19,500 00 to the Key
Biscayne Music and Drama Club to be used for the purpose of restonng the Calusa Playhouse The
motion was seconded by Vice Mayor Sime 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
The manager presented a draft of the proposed Request for Letters of Interest m connection with the
inspection services contract for the Basins 1 - 8 stormwater improvement project Councilman
Sullivan made a motion approving the proposal The motion was seconded by Mayor Festa 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 manager discussed a request by a citizen for a Memorial Day service at the Village Green
Gladys Vandeberg, 575 Crandon Boulevard, a member of the Amencan Legion Auxiliary, addressed
the Council Councilman Sullivan made a motion approving the request The motion was seconded
by Vice Mayor Sane and adopted by a unanimous voice vote The vote was as follows
Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Same, and Mayor Festa
voting Yes
The manager discussed the following capital improvement projects Harbor Drive (Crandon
Boulevard to Femwood Road) and Ocean Lane Drive median
Carlos Penis, the Village engineer, made a presentation to the Council
The following citizens addressed the Council Jo Rice, 55 Harbor Drive, Bill Ofgant, 512
Femwood Road, Donald Bird, 200 Ocean Drive, Lino Suarez, 19 Harbor Drive, Paul
Froehier, 305 Galen Drive, and Henny Becker, 290 West Mashta Drive
Councilman Padovan made a motion to postpone the Harbor Drive project until a traffic
study is completed The motion was seconded by Mayor Festa 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
Mayor Festa made a motion approving the engineer's option three for the Ocean Lane Drive
median 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,
Wand, Vice Mayor Sane and Mayor Festa voting Yes
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May 9, 1995
Mayor Festa made a motion to extend the meeting until 11 45 p m The motion was seconded by
Councilman Llorente and adopted by a 6 - 1 voice vote The vote was as follows Councilmembers
Llorente, O'Reilly, Padovan, Sullivan, Waid, Mayor Festa Vice Mayor Sime voted No
Building, Zoning and Planing Director Little presented a status report regarding the property at 200
Crandon Boulevard and the L'Esplanade
The manager, Building, Zoning and Planning Director Little and Village Planner Raul Lastra
presented an update regarding the Village Green
Councilman Padovan made a motion authorizing the expenditure of up to $350 00 per trash
container for the park The motion was seconded by Mayor Festa 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 planner and Director Little briefly discussed the parking study for the park
Director Little briefly discussed the contest for the design of a band stand for the park Willy
Borroto, 241 Harbor Drive, addressed the Council and recommended that local architects be
allowed to work on the project and make a presentation to the Council
By consensus, the Council approved the offer from Paul DeLeeuw, 181 Crandon Boulevard,
for the donation of a bench for the park
The manager discussed a request by Bahiamar of Key Biscayne Condominium Association for
maintenance of the public right-of-way adjacent to their property By consent, the request was
approved
The manager unformed the Council of the following scheduled neighborhood information sessions
Relocation of bus route from Island Drive to West Mashta Drive (June 1, 1995, 7 00 p m) and
Holiday Colony stormwater project (May 10, 1995, 7 00 p m )
The manager submitted the following informational items monthly department reports, a copy of
a press release from Banyan Management Corporation, regarding the Banyan property settlement,
dated March 17, 1995, a letter to the planner, from Ivan Ramirez, Intramark, Inc , regarding a
concession cart for the Village Green, dated March 26, 1995, a letter to the manager, from Martha
Pantnn, Miami -Dade Water and Sewer Authority, regarding sewer system expansion project, dated
April 7, 1995, a letter to the mayor, from the Village attorney, regarding deputy Village clerk
position, dated April 18, 1995, a letter to the manager, from Christopher bums, Dade Marine
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May 9, 1995
Institute, regardmg beach clean-up project, dated Apnl 18, 1995, a memorandum to the manager,
from the finance director, regarding stormwater fund certificates of deposit, dated Apnl 26, 1995,
a copy of press release from Mianu-Dade Water and Sewer Authonty, regardmg sewer improvement
project, dated Apnl 28, 1995, a memorandum to the manager, from Susan Gregone, regarding
Metro -Dade Cultural Affairs Council community grants, dated Apnl 28, 1995, and a memorandum
to the manager, from the Recreation Department program coordinator, regarding fees and charges
for rental of the Village Green, dated May 3, 1995
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 50 p m
Approved this Z3rct day of 3 ,1995
Village • erk
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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