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HomeMy Public PortalAbout03-14-95 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 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, John Wald, 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 Father Robert Libby, of St Chnstophers-by-the-Sea, gave an invocation 3 PLEDGE OF ALLEGIANCE The mayor led the Pledge 4 APPROVAL OF MINUTES Councilman Llorente requested that the minutes of the meeting of February 28, 1995 be corrected to reflect the following vote on Item 7 "Councilmembers O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa votmg Yes Councilmembers Llorente and Waid voted No " Mayor Festa made a motion approvmg the amended minutes of the special meeting of February 28, 1995 and the minutes of the workshop meeting of March 4, 1995 The motion 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 Sane, and Mayor Festa votmg Yes 5 AGENDA Councilman O'Reilly requested discussion of TV Marti as Item 10-A-5 There were no objections 6 SPECIAL PRESENTATIONS On behalf of the Council, Councilman Sullivan presented a copy of Resolution 95-3 to the following members of the School Advisory Committee commending their commitment and dedication to the Village Susan Fox-Rosellim and Councilman Padovan The mayor presented a copy of the resolution to Councilman Sullivan who served as chat man of the committee The following members, who were not present, were also recognized Martha Broucek, Barbara Hunsaker, Jim Irl, Barbara Jacobs, and Bill Ofgant Page 1 of 9 March 14 1995 Chns Sager, president of the Key Biscayne Chamber of Commerce, made a bnef presentation to the Council regarding plans for the Nixon/Kennedy Vilna. The Council discussed the matter Building, Zoning and Planning Director John Little participated m discussions with Council 7 PUBLIC COMMENTS There were no speakers 8 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE TO IMPOSE FEES FOR SOLID WASTE AND RECYCLING WITHIN THE VILLAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa made a motion adopting the ordmance on first reading The motion was seconded by Councilman Waid The mayor opened a public hearing There were no speakers The ordinance was adopted on first reading 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 clerk announced the second reading of the ordmance for April 11, 1995 The clerk read the following ordmance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FL ORID A , AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER, DELETING SECTION 33-310 ENTITLED "ZONING APPEALS BOARD - NOTICE AND HEARING PREREQUISITE TO ACTION BY THE BOARD", AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE TO PROVIDE PUBLIC NOTICE PREREQUISITES TO ACTION ON ZONING APPLICATIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE After bnef discussion, Mayor Festa made a motion adopting the ordmance on first reading The motion was seconded by Vice Mayor Sime Page 2 of 9 March 14, 1995 The mayor opened a public hearing There were no speakers The ordinance was adopted on first reading by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wand, Vice Mayor Sime, and Mayor Festa voting Yes The clerk announced the second reading of the ordinance for Apnl 11, 1995 The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, F L ORID A AUTHORIZING THE ISSUANCE ON NOT EXCEEDING $7,200,00 00 OF STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID NOTES, AND PROVIDING FOR AN EFFECTIVE DATE The manager, Percy Aguila, the Village's financial advisor, and Jeff DeCarlo, the Village's bond counsel, discussed the ordinance with the Council The mayor opened a public hearing There were no speakers After extensive discussion, Vice Mayor Sime made a motion adopting the ordinance on first reading The motion was seconded by Mayor Festa. Councilman O'Reilly offered an amendment to limit the issuance of Stormwater Utility Revenue Bond Anticipation Notes not to exceed $6 5 mnllhon The motion was seconded by Councilman Wand Attorney Weiss indicated that approval of amendments to the ordinance would require at least five votes pursuant to the Village Charter Councilman O'Reilly called for a ruling from the chair The mayor concurred with the attorney Councilman O'Reilly called for an appeal of the chair's decision The attorney requested a five minute recess to discuss the matter with bond counsel Mayor Festa made a motion calling for a five minute recess 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Page 3 of 9 March 14, 1995 After further review, the attorney stated that approval of amendments to the ordinance will only require a majonty vote The O'Reilly amendment was adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, and Wald votmg Yes Councilman Sullivan, Vice Mayor Sime and Mayor Festa voted No After further discussion, the amended ordinance failed by a 2 - 5 roll call vote The vote was as follows Councilmembers O'Reilly and Wald voting Yes Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voted No Mayor Festa made a motion to reconsider the previous question The motion was seconded by Vice Mayor Sane and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa votmg Yes Councilmembers Llorente and Wand voted No Mayor Festa made a motion to amend the ordinance by lirutmg the issuance of notes not to exceed $7 2 nilhon The motion was seconded by Vice Mayor Sime and failed on a 3 - 4 roll call vote The vote was as follows Councilman Sullivan, Vice Mayor Sime and Mayor Festa votmg Yes Councilmembers Llorente, O'Reilly, Padovan, and Waid voted No Councilman Waid made a motion adoptmg the ordinance on first reading The motion was seconded by Councilman O'Reilly and failed on a 3 - 4 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan and Waid voting Yes Councilmembers Llorente, Sullivan, Vice Mayor Sime, and Mayor Festa voted No 9 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS FOR EMPLOYEE LEGAL SERVICES PLAN AND LONG-TERM DISABILITY PLAN TO SUPPLEMENT EMPLOYEE FRINGE BENEFITS, PROVIDING FOR AN EFFECTIVE DATE Councilman Waid made a motion adoptmg the resolution. The motion was seconded by Vice Mayor Sime After bnef discussion, Resolution 95-6 was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sine, and Mayor Festa votmg Yes The clerk read the following resolution by title Page 4 of 9 March 14, 1995 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A PERMIT AGREEMENT (NO OF -645) WITH METROPOLITAN DADE COUNTY FOR THE CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM FOR DRAINAGE IMPROVEMENTS AT THREE LOCATIONS WITHIN THE VILLAGE, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adoptmg the resolution The motion was seconded by Councilman Padovan Resolution 95-7 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 The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING CONTRACT FOR CONSTRUCTION OF STORMWATER PROJECT ENTITLED BASINS 1-8, PROVIDING FOR FINANCING OF THE PROJECT, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to table the item 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, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Waid made a motion to reconsider the item The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Sullivan voted No Councilman Waid made a motion adoptmg the resolution. The motion was seconded by Councilman Padovan Councilman O'Reilly made a motion amending Section 2 as follows "That the project expenditures, estimated at $7 2 million, be financed pnncipally by Stormwater Utility Revenue Bond Anticipation Notes " The motion was seconded by Mayor Festa and adopted by unanimous consent Resolution 95-8, as amended, 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 Page 5 of 9 March 14 1995 Mayor and Councilmembers Vice Mayor Sime gave an update regarding her discussions with the City of Miami for the establishment of ball fields at Virguua Key Bonnie Cooper, 77 Crandon Boulevard, addressed the Council There was extensive Council discussion regardmg the matter It was the consensus of the Council to re -address the issue at a future date Councilman Padovan bnefly discussed the Council's rules of order The attorney was requested to draft a resolution on the matter Mayor Festa bnefly discussed the issue of public works Vice Mayor Sune discussed the Village's Community Grant Program application form Councilman O'Reilly discussed the Village's filming permit ordinance and its relation to the filming of programming on the island by TV Marti The attorney was directed to draft an amendment to the ordinance exempting federal governmental agencies from the permitting process Village Attorney The attorney discussed his meetings with the county attorney's office regardmg the use of Calusa Park The attorney gave an update regardmg the Seaquanum litigation matter and indicated that an admuustrative hearing date has been set for July 19, 1995 The attorney briefly discussed the county's Art m Public Places Ordinance The attorney advised the Council that an appellate court ruled m favor of the Village m the Key Colony/Stormwater lawsuit matter Village Clerk The clerk did not submit a report Village Manager The manager discussed a request by the Key Biscayne Music and Drama Club for the use of grant monies previously awarded to the organization by the Village Richard Cifuentes, representing the organization, addressed the Council Mayor Festa made a motion authonzmg the organization to use the funds for payment of architect fees m connection with the renovation of the Calusa Playhouse The motion was seconded by Councilman Llorente Councilman Wald offered an amendment allowing the organization to use the funds for support and/or promotion of the restoration project of the Calusa Playhouse The motion was seconded by Councilman Padovan The amendment was adopted by unanimous consent Page 6 of 9 March 14 1995 The amended Festa motion 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 The manager, Building, Zoning and Planning Director John Little and Raul Lastra, the Village planner, discussed proposed improvements to the Village Green By consensus, the Council selected a bench style for the park and authonzed the installation of twenty benches The manager presented proposed rules and regulations for the Village Green Councilman Padovan made a motion approving the rules as presented by the manager The motion was seconded by Councilman Waid Councilman O'Reilly made a motion to table the matter The motion was seconded by Mayor Festa and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilmembers Padovan and Waid voted No Building, Zoning and Planning Director Little discussed proposed noise and construction regulations The following addressed the Council Shirley Brill, 550 Ocean Dnve, Mary Wills, 210 Seaview Dnve, Ed Meyer, 100 Sunrise Dnve, Doug Weiser, 3250 Mary Street, Miami After extensive Council discussion, staff was directed to further review the matter Councilman Padovan made a motion extending the meeting until 11 30 p m The motion was seconded by Mayor Festa and adopted by unanimous consent The manager and Village Engineer Carlos Penin discussed the schedule for sidewalk work throughout the Village The Council scheduled a workshop for April 18, 1995 to further discuss the matter Building, Zoning and Planning Director Little gave a bnef update regarding code violations at the L'Esplanade property The mayor announced that the Village had been awarded a $700,000 00 grant for the acquisition of the Village Green and commended staff The manager recognized his assistant, Yocelyn Galiano, for her work on the grant Mayor Festa made a motion extending the meeting until 12 00 mmdnnght The motion was seconded by Councilman Padovan and adopted by unanimous consent Page 7 of 9 March 14, 1995 The Council briefly discussed parking facilities for the Village Green Staff was requested to prepare a conceptual plan for angle parking at the park The following informational items were submitted by the manager the monthly departmental reports, a letter from Chilton Harper, Miami Bndge, regardmg donated bicycles, dated January 25, 1995, a letter from Christopher Burns, Dade Marine Institute, regarding community service projects, dated February 7, 1995, a letter from Robert Cuevas, Miami -Dade Water and Sewer Department, to the Islander News, regardmg stormwater project, dated February 19, 1995, a letter from Mana Larea, Key Biscayne Galena, regardmg skaters, dated February 21, 1995, a letter from Martha Pantm, Miami -Dade Water and Sewer Department, regardmg sanitary sewer construction, dated February 23, 1995, an article Miami Today, regardmg sewer upgrades, dated February 23, 1995, a letter from Bill O'Leary, O'Leary Design and Associates, to Russell Bremer, PNM Corporation, regardmg maintenance penod for turf areas, dated March 2, 1995, a letter from the Village Attorney, regarding Key Biscayne adv Key Colony et al, dated March 9, 1995, a copy of Metro -Dade County's Consumer Services Department cable consumer alert notice, and a copy of a notice from the National Association of Telecommunications Officers and Advisors, regarding "Local Right -of - Way Management Must Be Protected" 11 OTHER BUSINESS/GENERAL DISCUSSION At this time, the mayor made a motion to reconsider Item 8-A-3 (an ordinance authonzing the issuance of Stormwater Utility Revenue Bond Anticipation Notes) 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 votmg Yes Mayor Festa made a motion stating that no ad valorem revenues will be pledged m this matter 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, Ward, Vice Mayor Same, and Mayor Festa voting Yes Mayor Festa offered an amendment to the ordinance by authorizing the issuance of notes not to exceed $7 2 million The motion was seconded by Vice Mayor Sime and adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Padovan, Sullivan, Waid, Vice Mayor Same, and Mayor Festa votmg Yes Councilmembers Llorente and O'Reilly voted No Councilman Padovan made a motion to extend the meeting until 12 15 a m The motion was seconded by Mayor Festa and adopted by unanimous consent. Page 8 of 9 March 14 1995 Vice Mayor Sime made a motion adopting the ordinance on first reading The motion was seconded by Councilman Padovan and failed on 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 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 12 15 a m Approved this 11 day of P -p r I ( , 1995 Village Cle IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER 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