HomeMy Public PortalAbout01-15-02 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VII .i AGE OF KEY BISCAYNE, FLORIDA
TUESDAY, JANUARY 15, 2002
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 Scott Bass, Martha F. Broucek, Alan H. Fein,
Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe 1. Rasco. Also
present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village
Attorneys Richard Jay Weiss and Joseph Serota.
2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church gave an
invocation.
PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance.
SPECIAL PRESENTATIONS: There were no special presentations.
5. PUBLIC COMMENTS: The following residents addressed the Council: Camille Guething,
260 Seaview Drive; Yolanda Hernandez, 881 Ocean Drive; Ed Meyer, 100 Sunrise Drive; Pat
Weinman, 940 Mariner Drive; Jorge Mendia, 111 Island Drive; Isabel Gambino, 676 Ridgewood
Drive; Richard Gregorie, Key Biscayne; Josefina Mendez de Ruiz, 640 Fernwood Road; Hugh
O'Reilly, 475 Allendale Road; Linda Davitian, 720 Myrtlewood Lane; Michael Kelly, 395 Gulf
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Road; Ann Leon Cavallo, 750 Curtiswood; Vicky Simons, 269 Cranwood Drive; Jim Leavitz, 280
Island Drive; Kathy King, 745 Fernwood Road; Carol Diaz -Castro, 240 Hampton Lane; Jacqueline
Sanchez-Volny, 385 Ridgewood Road; Scott Lyman, 201 Galen Drive.
6. AGENDA: Mayor Rasco requested to hear Items 9B, 9C, 10A1, 2, 3, 4, 6, 7, and 13 at the
same time; Councilmember Peters requested to remove Item 7B from the Consent Agenda;
Councilmember Broucek requested to remove Item 7C from the Consent Agenda. The Attorney
requested an Executive Session regarding The Coalition to Rescue Paradise vs. The Village of Key
Biscayne and The Coalition to Save Paradise vs. The Village of Key Biscayne in the Appellate
Division Circuit Court. There was no objection to the agenda changes.
CONSENT AGENDA: The following consent agenda was approved by unanimous consent:
The minutes of the November 27, 2001 Zoning Meeting.
. ITEMS REMOVED FROM CONSENT AGENDA:
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ACCEPTING CONSTRUCTION OF PLAYING FIELDS AT 200 CRANDON
BOULEVARD; RATIFYING ACCOMPLISHMENT OF CONSTRUCTION BY THE
VILLAGE OF KEY BISCAYNE AUTHORIZING WAIVER OF COMPETITIVE
BIDDING; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rasco made a motion to approve the resolution. The motion was seconded by
Councilmember Fein.
CouncilmemberFein made an amending motion to add the following language to the resolution "not
to exceed a total project cost of $130,000." The motion was seconded by Councilmember Bass.
-Coumcilmember Fein withdrew his amendment.
It
as the consensus of Council to defer this resolution to the Zoning Meeting of January 29, 2002.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, RATIFYING THE APPOINTMENT OF THE MEMBERS OF THE CHARTER
REVISION COMMISSION OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR
EFFECTIVE DATE.
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January 15, 2002
Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice
Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers
Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes.
ORDINANCES: There were no ordinances considered by Council.
10. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEYBISCAYNE,
FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND
AUTHORIZING THE CONSTRUCTION OF PHASE 1 SITE AND SITE
INFRASTRUCTURE WORK FOR THE CIVIC CENTER; PROVIDING THAT THE
SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS
AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUMPRICE OF THE
SITE AND SITE INFRASTRUCTURE WORK; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Fried made a motion to approve the resolution. The motion was seconded by
Councilmember Fein.
Director of Building, Zoning and Planning Jud Kurlancheek, addressed the Council regarding
this resolution.
Councilmember Bass made a motion to defer this resolution to the Zoning Meeting of January 29,
2002. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The
vote was as follows: Councilmember Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski
and Mayor Rasco voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF 1 HE VILLAGE OF KEY BISCAYNE,
TO FORM A COMMITTEE TO BE KNOWN AS THE CIVIC CENTER REVIEW
-COMMITTEE.
There was extensive discussion from Council regarding these issues.
The following residents addressed the Council: Andrew Gordon, 269 Cranwood Drive; Steve
Sonnabend, 5 Coconut Lane; Henny Groschel Becker, 290 West Mashta; Camille Guething,
260 Seaview Drive; Pat Weinman, 940 Mariner Drive; Kathy King, 745 Fernwood Road; Jim
Levitz, 240 Island Drive; Ed Meyer, 100 Sunrise Drive; Jim Taintor, 355 Harbor Drive;
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Rafael Perez, 524 Fernwood Road; Arturo Aballi, 91 Island Drive; Michael Kelly, 395 Gulf
Road and Carol Diaz -Castro, 240 Hampton Lane.
Councilmember Peters made a motion to approve the resolution. The motion was seconded by
Councilmember Bass and failed by a 3-4 roll call vote. The votewas as follows: Councilmembers
Bass; Broucek and Peters voting Yes. Councilmembers Fein, Fried, Vice Mayor Oldakowski and
Mayor Rasco voting No.
At this time Vice Mayor Oldakowski made a motion to appoint a.Building Review Committee
empowered to review current space allocations in the Police/Administration Building and the Fire
Station and make recommendations for changes, if any, to the Village Council. The motion was
seconded by Councilmember Bass and approved by a 5-2 roll call vote. The vote was as follows:
Councilmembers Bass, Broucek, Fried, Peters and Vice Mayor Oldakowski voting Yes.
Councilmember Fein and Mayor Rasco voting No.
Councilmember Fried made a motion that the Committee should be made of six people -and the
Committee shall report back to Council within 30 days. The motion was seconded by Vice Mayor
Oldakowski and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass,
Fein, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Broucek, Fried and
Peters voting No.
The Attorney addressed the Council stating that any Committees appointed by the Council would
be subject to the Sunshine Law.
The -following residents were appointed to the Building Review Committee Deborah de Leon, Carol
Diaz -Castro, Ed Easton, Henny.Groschel-Becker,, Peter Harrison and Miles Price.
The Clerk read the following resolution by title:
ARESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; DIRECTING THE VILLAGE MANAGER TO HALT CONSTRUCTION OF
NON LOAD -BEARING WALLS ON CERTAIN CIVIC CENTER BUILDINGS UNDER
CONSTRUCTION.
Councilmember Bass made <a motion to approve the resolution. The motion was seconded by
Councilmember Fried.
The resolution failed by a 2-4 roll call vote. The vote was as follows: Councilmembers Bass and
Peters voting Yes. Councilmembers Broucek, Fein, Fried and Mayor Rasco voting No. Vice Mayor
Oldakowski was out of the room at the time the vote was taken.
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January 15, 2002
Councilmember Peters made a motion to extend the meeting to 11:30 p.m. The motion was
seconded by Vice Mayor Oldakowski and approved by a 6-1 voice vote. The vote was as follows:
Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting
Yes. Councilmember Bass voting No.
At this time, the Manager addressed the Council regarding the Beach Renourishment Project.
Mr. Bi11 Thompson on behalf of the Beach Renourishment Committee, addressed the Council
recommending that the contractor, Ryan, Inc., comply with the following: 1.) The replacement barge
and all other equipment is assembled, loaded and, ready for mobilization to the Key Biscayne borrow
site by January 18, 2002. "Other equipment" includes, but is not limited to, the barge, crane, dredge,
booster pump, tugs, workboats and associated expendable supplies; 2) Personnel needed to conduct
all offshore and onshore beach renourishment and survey operations are in place, with proper
insurance coverage, by January 18, 2002 to enable mobilization; and 3.) Mobilization to the borrow
site is to begin immediately upon the occurrence of good weather.
If recommendations 1 and 2 are not met by the target date of January 18, 2002, the BRC recommends
that the Village notify the bonding company for the BRC that Ryan, Inc., is in default of their
contract to perform the beach renourishment. The Committee further recommends that the Village
Manager, with the assistance from the Village Attorney, send a letter to Will Ryan, the President of
Ryan, Inc., reiterating these same action items.
The Manager stated that the Village supports the above recommendations.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
7LORIDA AUTHORIZING THE VILLAGE MANAGER TO PLACE A CBS BUS
SHELTER WITH A METAL SEAM ROOF IN THE CRANDON BOULEVARD PUBLIC
RIGHT OF WAY AT THE TOWERS OF KEY BISCAYNE: AUTHORIZING THE
"VILLAGEMANAGERTO'NEGOTIATEWITH THE OCEAN -VILLAGE CONDOMINIUM
'BOARD, THE TOWERS, THE PANKEY BUILDING AND MIAMI-DADE COUNTY IN
CRANDON PARK TO PLACE ONE BUS SHELTER AT ONE OF THESE LOCATIONS
ALONG CRANDON BOULEVARD; ` PROVIDING FOR EFFECTIVE DATE.
Director Kurlancheek addressed the Council regarding this resolution..
The Manager withdrew the resolution.
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January 15, 2002
The Clerk submitted to the Council the Certification of the December 4, 2001 special election
results. A motion to accept the certification was made by Councilmember Peters. The motion was
seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting
Yes. Councilmember Fein was out of the room at the time the vote was taken.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Mayor Rasco made a motionadopting his recommendations to form
a Community Center Committee. The motion was seconded by CouncilmemberPeters and approved
by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters,
Vice Mayor Oldakowski and Mayor Rasco voting Yes.
Rafael Perez, 524Femwood Road; Pat Weinman, 940 Mariner Drive; Jim Leavitt, 240 IsIand
Drive and Arturo Abalh, 91 Island Drive addressed the Council.
It was the consensus of Council to appoint the following residents to the Community Center
Committee: Arturo Aballi Raul Alvarez, Ana Brennan, Jim Clayton, Bill Cole, Bonnie Cooper,
Deborah de Leon, Francisco de la Camara, Carol Diaz -Castro, Robert Duzoglou, Barry Goldmeir,
Kathy King, Jim Leavitt, Bob Libby, Jorge Mendia, Jose Ortega, Rafael Perez, Robert Vernon, John
Valentine and Pat Weinman.
The considerations and deliberations of this committee will be in the following areas: A.) The
absolute maximum space required to address the present and future needs of the community -center,
B) Based on the needs analysis, arrive at a maximum number of square feet ;. C.) Reconcile square
feet with other limiting factors such as: 1. Lot coverage, height and other zoning considerations;
2. Building and internal road placement; 3. Budget; 4. Debt considerations; 5. Selection of
architect and architectural guidelines; 6. Construction bidding process; 7. Landscaping; 8. Public,
input process to be followed; 9. Parking needs; 10. Security;: and access to center;: 11.
Programming fee policy; 12. Programs/classes offered vs. existing island merchants 13. Project
management; 14: Pool; 15.- Maintenance costs and operational expenses; 16. Timeline. The
Committee shall report back to Council within 60 days.
Vice Mayor Oldakowski made a motion to extend the meeting to 11:45 p.m. The' -motion was
- seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers-Bass, Broucek, Fein, Fried Peters, Vice Mayor Oldakowski and Mayor Rasco
voting Yes.
Village Attoucey. The Attorney did not submit a report.
Village Clerk. The Clerk submitted a copy of her office's 2001 annual report to the Council.
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The Clerk also submitted to Council, for their information, the meeting schedule for the Charter
Revision Commission.
The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the
Mayor during the month of December 2001: proclaiming the December 20, 2001 as Chief R.D.
Paulison Day.
Village Manager. The Manager presented to the Council debt cap calculations for the Civic Center.
The Manager presented to the Council a Sanitary Sewer Project update.
The Manager presented to the Council a table on the refinancing of the Village loans.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
12: SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
13. ADJOURNMENT: The meeting was adjourned at 11:50 p.m.
ctfullysub
Chita H. Alvarez, CMC
Village Clerk
see
Approved this 29th day of January , 2002:
Joe L Rasco
Mayor
IPA, PERSONDECIDES 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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