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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 Page 1 of 9 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 Page 4 of 9 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 Page 5 of 9 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 Page 6 of 9 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 Page 7 of 9 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 Page 8 of 9 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 Page 9 of 9