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Home My Public Portal About04-12-94 Regular Council Meeting.tifM I NUT E S VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 12, 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 20 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, Vice Mayor Joe Rasco, and Mayor John Festa Councilman Wald was absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION. Father Jose Hernando, of St Agnes Catholic Church, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge 4 APPROVAL OF MINUTES: Councilman Fried made a motion approving the minutes of the special meeting of March 22, 1994 and the minutes of workshop meeting of April 5, 1994 The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes 5 AGENDA: Mayor Festa requested that the departmental performance reports (Item 10-D-6) and quarterly department budget reviews (Item 10-D-9) be deferred The mayor also requested the addition of discussion regarding athletic fields at Cape Florida State Recreation Area (Item 10-A-9) Councilman Sime announced that Jackson Memorial Hospital will be hosting a tour of their trauma center facilities on April 22, 1994, at 8 30 a m , and invited the public to participate Councilman Llorente requested discussion regarding the time and length of Council meetings (Item 10-A-10) Mayor Festa made a motion approving the changes to the agenda The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes 6 SPECIAL PRESENTATIONS Mayor Festa and the Council presented a copy of Resolution 94-11 to Robert Iglesias, of Winn -Dixie, commending the establishment for their community participation Page 1 of 8 April 12, 1994 The manager introduced William Pino, of Power and Lighting Systems, who made a presentation to the Council and public regarding the county's proposed Crandon Boulevard street lighting program Michele Padovan, 425 Grapetree Drive, addressed the Council The Council directed the manager to further study the matter and report to the Council at a future date 7 PUBLIC COMMENTS Ms Padovan addressed the Council regarding the clerk's schedule and work Martha Broucek, 170 Ocean Lane Drive, discussed the Council's April 5th workshop regarding the elementary school issue 8 ORDINANCES. The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY 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 CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL, PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES, PROVIDING FOR THE EXECUTION OF DOCUMENTS; AUTHORIZING FURTHER OFFICIAL ACTION, SPECIFYING GOVERNING LAW, PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. The manager made a brief presentation regarding the ordinance Mayor Festa opened the public hearing Hugh O'Reilly, 475 Allendale Road, addressed the Council After brief discussion, Mayor Festa made a motion adopting the ordinance The motion was seconded by Councilman Fried Ordinance 94-3 was adopted by 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes 9 RESOLUTIONS. The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE ZONING CODE REVIEW COMMII'r zE FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION, PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Rasco Resolution 94-13 was adopted by 6 - 0 voice vote The vote was as follows Councilmembers Fried, Page 2 of 8 April 12, 1994 Llorente, Sime, Sullivan, 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 THE MEBERS OF THE BUILDING, ZONING AND PLANNING DEPARTMENT ADVISORY COMMI'1 S8 FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION, PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime Resolution 94-14 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, 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, AMENDING THE FINANCIAL POLICY OF THE VILLAGE BY IMPOSING A LIMIT ON DEBT SERVICE OBLIGATIONS AUTHORIZED TO BE INCURRED BY THE VILLAGE IN AN AMOUNT NOT TO EXCEED 15% OF ANNUAL EXPENDITURES, PROVIDING FOR AN EFFECTIVE DATE. The manager made a brief presentation regarding the resolution Mr O'Reilly, Ms Broucek and Gary Gross, 211 Island Drive, addressed the Council After brief discussion, Councilman Fried made a motion adopting the resolution The motion was seconded by Mayor Festa The resolution failed on a 2 - 4 voice vote The vote was as follows Councilman Llorente and Vice Mayor Rasco voting Yes Councilmembers Fried, Sime, Sullivan, and Mayor Festa voted No The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF STATE, BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, FOR THE STORAGE OF MICROFILM; PROVIDING FOR AN tller:CTIVE DATE. Vice Mayor Rasco made a motion adopting the resolution The motion was seconded by Councilman Sime Resolution 94-15 was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Page 3 of 8 April 12, 1994 The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING CONTRACT TO SOUTH COAST IRRIGATION, INC., MIAMI, FLORIDA, FOR INSTALLATION OF IRRIGATION SYSTEM AT KEY BISCAYNE LIBRARY, WAIVING COMPETITIVE BIDDING PROCEDURES, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Fried Resolution 94-16 was adopted by a 4 - 2 voice vote The vote was as follows Councilmembers Fried, Sime, Vice Mayor Rasco, and Mayor Festa voting Yes Councilmembers Llorente and Sullivan voted No 10 REPORTS AND RECOMMENDATIONS The following reports were submitted MAYOR AND COUNCILMEMBERS Vice Mayor Rasco discussed the poor condition of the athletic fields at the Key Biscayne elementary school The manager and Village Engineer Carlos Penin addressed the Council on the matter Bonnie Cooper, 77 Crandon Boulevard, also addressed the Council The manager was directed to send a letter to the superintendent of Dade County schools requesting that the matter be resolved Mayor Festa discussed the clerk's schedule Mayor Festa made a motion approving a monthly bonus for the Village Clerk for his extended hours of work The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion that the bonus be $400 00 per month -- retroactive to October 1, 1993 The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes At this time, the Council discussed an item relating to proposed athletic fields on fifteen acres at Bill Baggs Cape Florida State Recreation Area State Representative Bruno Barreiro addressed the Council regarding his attempts in the Florida Legislature to further this proposal Ms Cooper, Steve Simon, 335 Harbor Lane, and Sid Cooper, 170 Ocean Lane Drive, also addressed the Council Members of the public were encouraged to contact legislators and ask for their support on this issue Vice Mayor Rasco discussed the maintenance of the tree farm property in anticipation of the Fall football season The Council directed the manager to have the property useable by September 1, 1994 Page 4 of 8 April 12, 1994 The vice mayor discussed the need for bus shelters in the Village The manager was directed to present a report at the next Council meeting Vice Mayor Rasco discussed the need for "no parking" signs on Ocean Drive Police Chief Michael Flaherty addressed the Council Mayor Festa made a motion to further research the issue of permit parking The motion was seconded by Councilman Sullivan and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Vice Mayor Rasco made a motion directing the manager to place "no parking" signs on Ocean Drive at the discretion of the police chief The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco and Mayor Festa voting Yes Vice Mayor Rasco expressed concern regarding the delay in completion of construction at the Emergency Services Complex Police Chief Flaherty addressed the Council regarding the matter Councilman Llorente proposed that Councilman Fried be appointed to a fact finding mission to study an independent community center on the Crandon Boulevard tree farm property Ms Broucek addressed the Council Councilman Fried agreed to visit with community groups to discuss the matter At this time, the Council resumed discussions regarding the athletic fields at Bill Baggs park Mr Simon further addressed the Council The Council agreed to lobby key legislators to seek their support in the matter Vice Mayor Rasco discussed expenditures on the part of the Village Attorney regarding the elementary school issue Attorney Weiss addressed the vice mayor's inquiry There was brief discussion by the Council John Rosser, 300 Redwood Lane, addressed the Council VILLAGE ATTORNEY The attorney submitted for the Council's review, correspondence dated March 25, 1994, to the Matheson family's attorney, regarding Calusa Park The Council requested that the attorney review the possibility of the Village annexing Calusa Park The attorney requested an executive session to discuss the Lipton litigation matter The Council concurred to schedule the meeting for Monday, April 18, 1994, at 5 00 p m Page 5 of 8 April 12, 1994 Mayor Festa made a motion to extend the meeting until 11 30 p m The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes At this time, the clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING METROPOLITAN DADE COUNTY TO TAKE ALL STEPS NECESSARY TO INSURE THAT CALUSA PARK MAY BE USED AND MAINTAINED IN ITS CURRENT CONFIGURATION, PROVIDING FOR AN EFFECTIVE DATE It was the consensus of the Council to defer consideration of the resolution to a future date Correspondence regarding code enforcement liens, dated March 28, 1994, was also presented for the Council's information VILLAGE CLERK The clerk presented copies of the following proclamations issued by the mayor Key Biscayne Taxpayer's Association Day (March 18, 1994), Fair Housing Month (April 1994), Day of Remembrance of the Victims of the Holocaust (April 8, 1994), Arbor Day (April 15, 1994), Mary Henderson Buckley Day (April 17, 1994), and Temple Zion Israelite Center Day (July 9, 1994) The clerk submitted for the Council's information a memorandum from Dade's supervisor of elections regarding the fall election schedule and a letter from the state's Office of the Auditor General regarding a performance audit VILLAGE MANAGER At the request of the Engineer submitted the following reports basketball courts at the elementary school, and refuse collection study There was regarding refuse collection Mayor Festa made a motion extending the meeting until 11 50 p m The motion was seconded by Vice Mayor Rasco and adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Sime voted No manager, the Village post office curbing, sanitary sewer study, extensive discussion Mayor Festa made a motion awarding a contract for the Fire Rescue apparatus building (electrical, plumbing and mezzanine construction) and Police administration building (storage rooms, lockers and bathroom) to Tri-tech, Miami, Florida, in an amount of $196,000 00 plus a ten percent contingency The motion was seconded by Vice Page 6 of 8 April 12, 1994 Mayor Rasco and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Building, Zoning and Planning Director John Little discussed photographic activities in residential areas Director Little recommended that the Council consider an ordinance regulating filming in residential areas Brent Spector, 7621 Southwest 59 Court, Miami, addressed the Council The Council discussed the matter and requested that Director Little study ordinances adopted by other municipalities The manager submitted the following informational reports for the Council's review the monthly departmental reports, the monthly financial statements, a letter from City of Miami Manager Cesar Odio, to Dade County Manager Joaquin Avino, regarding annexation of Virginia Key, dated September 24, 1993, a letter from Jana McDonald, Strook & Strook, to Building, Zoning and Planning Director John Little, regarding annual report for Key Biscayne Hotel and Villas D R I , dated March 11, 1994, a letter from Brian Flynn, Metro -Dade Department of Environmental Resources Management, regarding beach vegetation project, dated March 21, 1994, a letter from Jerry Santeiro, F P L , regarding franchise agreement and municipal utility tax, dated March 21, 1994, a memorandum regarding 1994-1994 budget schedule, a letter from Alfred Gross, a resident, regarding Fire Rescue Department, dated march 25, 1994, a memorandum from Economic Development Director Susan Gregorie, regarding media tour, dated March 28, 1994, a letter from Building Official Leo Llanos, to Alberto Cohen, Crandon Towers Condominium, regarding cooling tower, dated March 29, 1994, a memorandum from Finance Director Jack Neustadt, regarding tree farm property costs, dated March 20, 1994, and a' letter from Jeffrey Bunting, Metro -Dade Aviation Department, regarding aircraft overflights, dated April 4, 1994 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings was presented tg.t.he Council and public rr Alf 13 ADJOURNMENT. The meeting was adjourned at 12 00 midnight Page 7 of 8 April 12, 1994 Approved this \(, day of , 1994 Village `e`1 erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAlurAR CONSIDERED AT A MEET= 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 TEST ONY AND EVIDENCE UPON WHIC71 THE APPEAL IS TO BE BASID Page 8 of 8