HomeMy Public PortalAbout03-08-94 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, MARCH 8, 1994
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
Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John
Waid, Vice Mayor Joe Rasco (arrived at 7 30 p m ), and Mayor John
Festa Also present were Village Manager Sam 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. Mayor Festa made a motion adopting the
minutes of the meeting of February 8, 1994, the minutes of the
meeting of February 15, 1994, the minutes of the workshop of
February 22, 1994, the minutes of the meeting of February 23, 1994,
and the minutes of the workshop of March 1, 1994, as submitted The
motion was seconded by Councilman Fried and adopted by a 6 - 0 voice
vote The vote was as follows Councilmembers Fried, Llorente,
Sime, Sullivan, Waid, and Mayor Festa voting Yes
5 AGENDA: Councilman Sime requested that Item 9-D-10 be heard
as a Local Planning Agency item (9-A-3) Councilman Llorente
requested time for Anne Owens, president of the Islander News, to
make a presentation to the Council (9-A-4) Mayor Festa requested
discussion regarding the clerk's schedule (9-A-5) Councilman Sime
made a motion approving the agenda changes The motion was seconded
by Councilman Fried and adopted by a 6 - 0 voice vote The vote was
as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid,
and Mayor Festa voting Yes
Councilman Llorente requested the addition of consideration of a
resolution adopting a debt policy It was the consent of the
Council to defer the matter to the Council's next regular meeting
6 PRESENTATION: Roger Hernstadt, of the Dade County Public
Works Department, made a presentation regarding a proposed
computerization toll system for the Rickenbacker Causeway Toll
Plaza
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March 8, 1994
7 ORDINANCES: The clerk read the following ordinance, on first
reading, by title
AN ORDINANCE OF THE VILLAGE OF REY BISCAYNE, FLORIDA;
AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT
NOT TO EXCEED $1,000,000.00; PROVIDING FOR THE APPROVAL OF
THE SPECIFIC TERMS AND CCNDITIONS OF SUCH INDEBTEDNESS BY
RESOLUTION ADOPTED BY THE VILLAGE COUNCIL; PROVIDING FOR
REPAYMENT OF SAID INDEBTEDNESS FMK AVAILABLE MUNICIPAL
REVENUES ; PROVIDING FOR THE EXECUTION OF DOCUMENTS ;
ATJT ORIZING FURTHER OFFICIAL ACTION; SPECIFYING GOVERNING
LAW; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
Clerk Inguanzo explained that the ordinance was adopted on first
reading at the meeting of February 8, 1994 on a 4 - 2 vote The
Village Charter requires that this ordinance be adopted by a five -
sevenths vote As a result, the ordinance was rescheduled for first
reading
The manager made a presentation regarding the ordinance After
brief discussion, Councilman Fried made a motion adopting the
ordinance on first reading The motion was seconded by Councilman
Sime and adopted by a 6 - 1 roll call vote The vote was as
follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor
Rasco, and Mayor Festa voting Yes Councilman Waid voted No
The clerk announced that the second reading will be held on April
12, 1994, at 7 00 p m
8 RESOLUTIONS: The clerk read the following resolution by
title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT WITH
METROPOLITAN DADE COUNTY FOR LANDSCAPE MAINTENANCE OF THE
CONY LIBRARY FACILITY ON CRANDON BOULEVARD; PROVIDING FOR
AN EFFECTIVE DATE.
Cecile Sanchez, 260 Crandon Boulevard, spoke in support of the
resolution Councilman Llorente made a motion adopting the
resolution The motion was seconded by Councilman Fried Mayor
Festa offered an amendment that the following language be inserted
in Section 1 "substantially in the form attached" The amendment
was seconded by Councilman Sime and adopted by a unanimous roll call
vote The vote was as follows Councilmembers Fried, Llorente,
Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes
Resolution 94-7, as amended, was adopted by a unanimous roll call
vote The vote was as follows Councilmembers Fried, Llorente,
Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes
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March 8, 1994
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING THE VILLAGE MANAGER TO DIRECT THE UNIVERSITY OF
MIAMI SCHOOL OF ARCHITECTURE, CENTER FOR URBAN AND cOmK[ANITY
DESIGN, TO UNDERTAKE A SIX W = STUDY RELATED TO RIOT -OF -WAY
IMPROVEMENTS; ALL FINDINGS AND CONCEPTS SHALL BE PRESENTED TO
THE VILLAGE COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Fried made a motion adopting the resolution The motion
was seconded by Vice Mayor Rasco Resolution 94-8 was adopted by
a unanimous roll call vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor
Rasco, and Mayor Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACEED
AGREEMENT ON BEHALF OF THE VILLAGE WITH WILLIAMS, HATFIELD &
STONER, INC., MIAMI, FLORIDA, FOR PROFESSIONAL SERVICES
ES
RELATING TO THE HOLIDAY COLONY STORMN TER DRAINAGE IMPROVEMENT
PROJECT; PROVIDING FOR AN EFFECTIVE DATE.
Councilman Fried made a motion adopting the resolution The motion
was seconded by Councilman Sime Resolution 94-9 was adopted by a
unanimous roll call vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor
Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF LEY BISCAYNE, FLORIDA; URGING
THE FEDERAL AVIATION ADMINISTRATION TO ADDRESS THE PROBLEM OF
HIGH NOISE LEVELS S FROM AIRCRAFT FLYING OVER THE 'VILLAGE;
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Rasco made a motion adopting the resolution The motic,a
was seconded by Councilman Waid Fritz Scharenberg, 150 Crandon
Boulevard, addressed the Council Resolution 94-10 was adopted by
a unanimous roll call vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor
Rasco, and Mayor Festa voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
COMMENDING WINN-DIXIE FOR THEIR COMMUNITY INVOLVEMENT AND
PARTICIPATION; PROVIDING FOR AN EFFECTIVE DATE.
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March 8, 1994
Councilman Waid made a motion adopting the resolution The motion
was seconded by Councilman Llorente Resolution 94-11 was adopted
by a unanimous roll call vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor
Rasco, and Mayor Festa voting Yes
9 REPORTS AND RECOMMENDATIONS: The following reports were
submitted
Mayor and Councilmembers Councilman Sullivan gave an update on the
work of the School Advisory Committee He presented a proposed
concept for the establishment of a Village center including a new
school Councilman Sullivan requested direction regarding further
action of the committee There was extensive Council discussion
The following residents addressed the Council Federico Padovan,
425 Grapetree Drive, Michele Padovan, 425 Grapetree Drive, Martha
Broucek, 170 Ocean Lane Drive, Susan Fox-Rosellini, 151 Crandon
Boulevard, Conchita Suarez, 201 Crandon Boulevard, Patricia
Gonzalez, 255 Galen Drive, Paul Gonzalez, 255 Galen Drive, Mary
Schulman, 1121 Crandon Boulevard, Michael Kahn, 881 Ocean Drive,
and James Iri, 143 East Enid Drive It was the consent of the
Council that the attorney and Councilman Sullivan meet with
Superintendent Octavio Visiedo and the school board to communicate
the Village's desire to have a new school built
Councilman Llorente made a motion to hear Anne Owen's presentation
at this time The motion was seconded by Councilman Fried and
adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor
Rasco, and Mayor Festa voting Yes Ms Owens, president of the
Islander News, made a brief presentation requesting that the Council
open the Crandon Boulevard tree farm property for use by Village
residents It was the consent of the Council that the property be
cleaned as soon as possible
Councilman Llorente presented to the Council a copy of the Building,
Zoning and Planning Department Advisory Committee's final report
Building, Zoning and Planning Director John Little addressed the
Council Councilman Llorente made a motion adopting Director
Little's and Manager Kissinger's departmental re -organization and
authorizing the implementation of the recommendations The motion
was seconded by Mayor Festa and adopted by a unanimous voice vote
The vote was as follows Councilmembers Fried, Llorente, Sime,
Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes
Councilman Sime discussed future actions of the Local Planning
Agency regarding the comprehensive master plan and the land
development regulations It was the consent of the Council to
tentatively schedule a meeting of the Local Planning Agency for
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March 8, 1994
March 22, 1994, following the scheduled zoning hearing
Mayor Festa briefly discussed the clerk's schedule and asked that
the matter be reviewed at the next regular Council meeting
Village Attorney The attorney gave a report regarding the Calusa
Park environmental report It was the consent of the Council that
the Village pay for any costs associated with implementing the
recommendations of the report
Village Clerk The clerk announced that Mayor Festa had proclaimed
February 26, 1994 as Engineers Day
Mayor Festa made a motion that a public comments section appear on
the regular Council meeting agenda each month The motion was
seconded by Councilman Sime and adopted by a unanimous voice vote
The vote was as follows Councilmembers Fried, Llorente, Sime,
Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes
Village Manager At the request of the manager, Village Engineer
Carlos Penin gave updates on the following items the post office
facility curbing, Key Biscayne Elementary School basketball courts
and fields, sanitary sewer study, and refuse collection study
The manager gave an update on the beautification program Ms
Padovan and Robert Brooks, 95 West McIntyre Street, addressed the
Council
Manager Kissinger updated the Council on grant proposals, approvals
and unfunded projects
A stormwater utility report was submitted to the Council
The manager reported on the costs associated with the closing on the
Crandon Boulevard tree farm property
The Council discussed the manager's community assistance program
application form Councilman Waid made a motion limiting grants to
no greater than $10,000 00 The motion was seconded by Mayor Festa
and adopted on a 4 - 3 voice vote The vote was as follows
Concilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa
voting Yes Councilmembers Fried, Sime and Sullivan voted No
Councilman Llorente made a motion to reconsider the Waid motion
The motion was seconded by Mayor Festa and adopted by a unanimous
voice vote The vote was as follows Councilmembers Fried,
Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa
voting Yes Councilman Llorente made a motion adopting the grant
application as presented by the manager The motion was seconded
by Councilman Fried Mayor Festa made a motion amending the maximum
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March 8, 1994
grant award to $10,000 00 The motion was seconded by Councilman
Llorente and adopted by a 4 -3 voice vote The vote was as follows
Councilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa
voting Yes Councilmembers Fried, Sime and Sullivan voted No Vice
Mayor Rasco made a motion incorporating an administrative review
process to evaluate the final project The motion was seconded by
Councilman Fried and adopted by a unanimous voice vote The vote
was as follows Councilmembers Fried, Llorente, Sime, Sullivan,
Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Sime
made a motion striking the word "local" and replacing it with "Key
Biscayne" The motion was seconded by Vice Mayor Rasco and adopted
by a unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor
Festa voting Yes The Llorente motion, as amended, was adopted by
a unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor
Festa voting Yes
Mayor Festa made a motion extending the meeting to 11 30 p m The
motion was seconded by Councilman Sullivan and adopted by a 4 - 3
voice vote The vote was as follows Councilmembers Fried,
Llorente, Sullivan, and Mayor Festa voting Yes Councilmembers
Sime, Waid and Vice Mayor Rasco voted No
Councilman Fried made a motion authorizing the purchase of a 4X4
pick-up truck The motion was seconded by Councilman Sime and
adopted on a 4 - 3 voice vote The vote was as follows
Councilmembers Fried, Llorente, Sime, and Sullivan voting Yes
Councilman Waid, Vice Mayor Rasco and Mayor Festa voted No
Police Chief Michael Flaherty made a brief presentation regarding
the purchase of police vehicles Councilman Llorente made a motion
approving the purchase of four police vehicles The motion was
seconded by Councilman Fried and adopted by a unanimous voice vote
The vote was as follows Councilmembers Fried, Llorente, Sime,
Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes
Councilman Fried made a motion adopting the budget schedui
presented by the manager The motion was seconded by Mayor Festa
Mayor Festa made a motion amending the schedule by adding a May 17th
workshop The motion was seconded by Councilman Llorente and
adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor
Rasco, and Mayor Festa voting Yes The Fried motion, as amended,
was adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor
Rasco, and Mayor Festa voting Yes
Page 6 of 8
March 8, 1994
Councilman Fried made a motion authorizing the manager to travel to
the Florida City and County Management Association 48th Annual
Conference The motion was seconded by Mayor Festa and adopted by
a unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor
Festa voting Yes
The manager gave brief reports regarding beach signs and Crandon
Boulevard lighting
The manager reported that Thomas Erhwan, a resident of Sunrise
Drive, requested permission for the placement of plantings in the
swale area Councilman Sullivan made a motion to defer the item
until such time as the Village's landscape architect has reviewed
the request The motion was seconded by Mayor Festa and adopted by
a unanimous voice vote The vote was as follows Councilmembers
Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor
Festa voting Yes
Mayor Festa made a motion extending the meeting for five minutes
The motion was seconded by Councilman Llorente and failed on a 2 -
5 voice vote The vote was as follows Councilman Llorente and
Mayor Festa voting Yes Councilmembers Fried, Sime, Sullivan, Waid,
and Vice Mayor Rasco voting No
The following informational items were submitted for the
consideration of the Council and public the monthly departmental
reports, the monthly financial statement, an analysis and
recommendations for local regulation of activities on coastal dunes,
prepared by Coastal Management and Consulting, dated March 4, 1994,
a letter from Carolyn Dekle, South Florida Regional Planning
Council, regarding comprehensive plan, dated February 25, 1994, a
letter to resident Ed Meyer, from Recreation Director, regarding
departmental activities, dated February 17, 1994, memorandum from
Village Engineer Carlos Penin, regarding septic tank location, dated
February 8, 1994, a letter from resident Marcel Doublier, regarding
the causeway toll system, dated February 8, 1994, and the 1992
annual report of the City of Miami Fire, Rescue and Inspection
Services Department
10 OTHER BUSINESS/GENERAL DISCUSSION: There was no further
business discussed
11 SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future
meetings was presented to the Council and public
12 : The meeting was adjourned at 11 40 p m
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March 8, 1994
Approved this 2 Z% --J day of (.),--t' CI- 1994
*-------
Village Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TBE VILLAGE
COUNCIL WITH RESPECT TV ANY MA-MAI-x.e.it 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
PROCEED.INGS IS MADE, WIc1IQY RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED
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