HomeMy Public PortalAbout02-12-02 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 12, 2002
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
i 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 I. Rasco. Also
present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village
Attorney Richard Jay Weiss.
2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church gave an
invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS: Chief of Police, Michael J. Flaherty introduced Mrs.
Theodore Zorsky and daughters to the Council. The Mayor, on behalf of the Council, presented a
proclamation to the family of deceased Officer. Theodore Zorsky. Ms. Zorsky, on behalf of the
family, addressed the Mayor. and Council expressing their appreciation.
The Mayor, on behalf of the Council, also presented a proclamation to Mr. Richard Hunt, President,
200 Club of Greater Miami for his contribution, on behalf of the Club, to the Zorsky family. Mr.
Hunt addressed the Mayor and Council expressing his appreciation for the honor.
The Mayor, on behalf of the Council presented a proclamation to the 2001 Winterfest Committee.
Mr. Bob Bristol, on behalf of the Winterfest Committee, accepted the proclamation.
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February 12, 2002
Mr. Michael Futterman, CPA, Director for Rachlin Cohen & Holtz LLP Certified Public
Accountants made a presentation to the Council regarding the 2001 Comprehensive Annual
Financial Report.
Ms. Carol Diaz -Castro, Chair, Ed Easton, Vice Chair and Henny Groschel-Becker, Building Review
Committee addressed the Council submitting a Final Report. The following recommendations were
made by the Committee: 1. The plan for the Fire Station should remain unchanged. 2. As to the
Police/Administration building, the floor plan should be changed in accordance with the Spillis
Candela plan presented at the February 11, 2002 Building Review Committee meeting with the
following conditions`. a.) The second floor of the building should remain unchanged in accordance
with the floor plan; b) The community room on the first floor should be returned for use by the
Chamber of Commerce; c) The total cost for these plans and retrofit construction shall not exceed
$200,000. In the event that the cost of plans and retrofit exceeds $200,000, the Committee does not
recommend that the Village go forward with these changes.
Nina Gladstone, Project Manager, with Spillis Candela addressed the Council presenting the
proposed changes to the first floor.
Raul Lastra, O.B.M. Miami, addressed the Council regarding the west wing of the Fire
Station.
Chief Flaherty and Jud Kurlancheek, Building, Zoning and Planning addressed the Council
regarding the proposed changes.
Vice Mayor Oldakowski made a motion accepting the Final Report presented by the Building
Review Committee. 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.
The Mayor, on behalf of the Council, expressed his appreciation to the Committee for a job well
done.
5. PUBLIC COMMENTS: The following residents addressed the Council: Isabel Gambino,
676 Ridgewood Road; Susan Krupnick, Key Biscayne and James Taintor, 355 Harbor Drive.
6. AGENDA: Vice Mayor Oldakowski requested the addition of a motion to approve the
recommendations of the Building Review Committee as presented in their report, immediately
before Item 10A1 and a motion regarding the transition period of the Village Manager as Item
10A10; Councilmember Bass requested to withdraw Items 10A2 and 10A3, Councilmember
Broucek requested to hear Items 9B and 10A5 at the same time and Councilmember Bass requested
the addition of a discussion regarding holding a referendum on the Recreation Center as Item 10A9.
There was no objection to the agenda changes.
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February 12, 2002
7. CONSENT AGENDA: Mayor Rasco requested the removal of Item 7C from the Consent
Agenda and Councilmember Broucek requested the removal of Item 7E from the Consent Agenda.
The following consent agenda was approved by unanimous consent:
The minutes of the January 29, 2002 Zoning Meeting.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; RELATING TO ETHICS; URGING LOCAL BUSINESSES AND THE KEY
BISCAYNE CHAMBER OF COMMERCE THAT ALL OF ITS MEMBERS ADOPT THE
MODEL CODE OF BUSINESS ETHICS AND REQUIRING ALL PERSONS TO ADOPT
THE CODE OF ETHICS PRIOR TO OR AT THE TIME OF ENTERING INTO
CONTRACTS WITH THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR AN
EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING A DONATION TO THE UNITED STATES DRUG
ENFORCEMENT ADMINISTRATION SURVIVING FAMILIES; PROVIDING FOR AN
EFFECTIVE DATE.
ITEMS REMOVED FROM THE CONSENT AGENDA:
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE WITH RACHLIN, COHEN & HOLTZ,
LLP FOR AUDITING SERVICES; PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Oldakowski made a motion to approve the resolution. 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.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE TWO NEW
VEHICLES FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE
DATE.
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February 12, 2002
Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice
Mayor Oldakowski.
Chief Flaherty addressed the Council regarding this resolution.
The resolution was 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.
RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF. KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO GENERATE ROUGH
DESIGN/SOLUTION DRAWINGS TO ALLEVIATE TRAFFIC CONGESTION ON
HARBOR DRIVE,
Councilmember Peters made a motion to approve the resolution. The motion was seconded by
Councilmember Fein.
Henny Groschel-Becker, 290 West Mashta Drive;' Carol Diaz -Castro, 240 Hampton Lane and
James Taintor, 355 Harbor Drive addressed the Council.
Councilmember Peters withdrew the resolution.
Councilmember Fein made an amending motion to direct the Manager to look into previous reports
conducted on traffic congestion at Harbor Drive and report back to Council: The motion was
seconded by Councilmember Bass 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.
The Clerk read the following resolution by title:
A. RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; TO FORM A COMMITTEE TO BE KNOWN AS THE SEPTIC TANK UTILITY
COMMITTEE.
Councilmember Peters made a motion to approve the resolution. The motion was seconded by
Councilmember Bass.
Linda Davitian, 720 Myrtlewood Lane addressed the Council.
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February 12, 2002
The Attorney addressed the Council regarding this resolution.
Councilmember Peters withdrew the resolution.
Councilmember Fein made a motion requesting that Ms. Linda Davitian look into the possibility of
forming a Septic Tank Utility Committee and report to Council on her findings within 60 days. The
motion was seconded by Councilmember Peters and approved bya 6-1 voice vote. The vote was
as follows: Councilmembers Bass, Broucek, Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco
voting Yes. Councilmember Fried voting No.
At this time Item 10A5 was heard. The Manager addressed the Council recommending that if the
Sewer Project is not going forward at this time, the Village should notify the State and withdraw the
application for the loan.
It was the consensus of Council to direct the Manager to draft a letter to the State withdrawing the
loan application for the Sanitary Sewer Project and present it to the Council for approval, at the next
Council meeting.
It was the consensus of Council to direct the Manager to draft a letter to the residents with septic
tanks explaining the delay of the Sanitary Sewer Project with a time line.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO COMPLETE AND INITIATE
NEW DESIGNS AS REQUIRED FOR WATER, WASTE, AND UNDERGROUND
UTILITIES.
Councilmember Peters made a motion to approve the resolution. The motion was seconded by
Councilmember Bass.
Linda Davitian, 720 Myrtlewood Lane addressed the Council.
Councilmember Peters withdrew the resolution.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; RECOGNIZING THE HEART DISEASE AND HYPERTENSION
PRESUMPTION FOR SWORN LAW ENFORCEMENT OFFICERS; PROVIDING FOR
AN EFFECTIVE DATE.
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February 12, 2002
Vice Mayor Oldakowski made a motion to approve the resolution: The motion was seconded by
CouncilinemberFried.
Chief Flaherty and Randy White, Finance Director addressed the Council regarding this
resolution.
James Taintor, 355 Harbor Drive addressed the Council.
The resolution was 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.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND
AUTHORIZING THE CONSTRUCTION OF PHASE 2 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 MAXIMUM PRICE OF THE
SITE AND SITE INFRASTRUCTURE WORK; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice
Mayor Oldakowski.
Director Kurlancheek, Raul Lastra, OBM Miami addressed the Council regarding this
resolution..
Carol Diaz -Castro, 240 Hampton Lane addressed the Council.
Director Kurlancheek addressed the Council stating that. Council needs to approve the. expenditure
of additional money in order for Spillis Candela to commence design drawings to make the changes
proposed by the Building Review Committee.
The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass,
Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters
voting No.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Vice Mayor Oldakowski made a motion to direct staff to take the
necessary steps in order to implement the recommendation of the Building Review Committee as
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February 12, 2002
presented tonight, to immediately instruct the contractors not to undertake any work that can be
avoided where changes might be made and to report back to Council, as soon as possible, with the
appropriate documents to implement these changes. The motion was seconded by Councilmember
Fein.
The Attorney addressed the Council regarding this motion.
The motion was approved by a 7-0 voice vote. The vote was as follow
Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco
Councilmembers Bass,
voting Yes.
Councilmember Bass and Mayor Rasco addressed the Council regarding the creation of a permanent
Capital Improvement Advisory Board.
It was the consensus of Council to direct the Attorney to start
implement this Board.
drafting an ordinance to
Vice Mayor Oldakowski addressed the Council regarding the need to hire a Public Information
Officer.
Vice Mayor Oldakowski made a motion to direct the Manager to bring a proposal to Council to hire
a Public Information Officer. The motion was seconded by Councilmember Broucek.
Pat Weinman, 940 Mariner Drive and Susan Krupnick, Key Bisca ' e addressed the Council.
There was extensive discussion from Council regarding this issue.
The motion was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass,
Broucek, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Ye .. ,Councilmember Fried
voting No. Councilmember Fein was out of the Chamber at the time the vote was taken.
Vice Mayor Oldakowski,made a motion to extend the.meeting..to 1:1L15lint The motion was
seconded by Councilmember Bass and approved by 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 Chamber at the time the vote was taken.
Vice Mayor Oldakowski addressed the Council regarding a request by. the. Community Center
Committee to get bids fora survey and focus groups regarding programs for the Community Center.
Councilmember Broucek made a motion to approve the request by the Community Center
Committee to get bids for a survey and focus groups regarding programs for the Community Center.
The motion was seconded by Vice Mayor Oldakowski.
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February 12, 2002
Jim Leavitt, Chairman, Recreation Center Committee, 240 island Drive; Ed Meyer, 100
Sunrise Drive addressed the Council.
Councilmember Broucek made a motion to extend the meeting to 11:30 p.m. The motion was
seconded by Vice Mayor Oldakowski and approved by a 5-2 voice vote. The vote was as follows:
Councilmembers Broucek, Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes.
Councilmembers Bass and Fried voting No.
It was the consensus of Council to direct staff and the Committee to report back to Council, as soon
as possible; with a potential -proposal to conduct the survey.
Mayor Rasco addressed the Council regarding the status of the purchase of the Citgo property.
The Manager addressed the Council stating that the owner of the Citgo Property has given the
approval to conduct Phase I and Phase II of the environmental study. This study should be
completed in 30 days.
Councilmember Bass withdrew Item 10A9.
Vice Mayor Oldakowski addressed the Council regarding the transition period for the Village
Manager.
Vice Mayor Oldakowski proposed to engage Moyer and Associates as Village Manager, effective
March 15, 2002 and offer the Manager a consulting arrangement where the Manager would be
available for information and support for the interim Village Manager.
There was extensive discussion from Council regarding this issue.
Councilmember Fein 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.
The Manager stated that he would cooperate with Counciias much.. as he could, in order to
accomplish a smooth transition for the new manager. The Manager also stated that he would accept
to stay as consultant for $10,000 a month fora period of two months.
Vice Mayor Oldakowski made a motion to engage Moyer and Associates as Village Manager for a
sum of $2,500 per month, effective March 15, 2002 and to hire the Manager as consultant for
$10,000 per month for a period of two months. The motion was seconded by Councilmember Fried
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.
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Vice Mayor Oldakowski made a motion to pay the Village Manager for vacation and sick time
accrued in excess of what the contract allows. 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 Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk addressed the Council regarding the need of a full-time assistant for the
Clerk's Office.
Councilmember Broucek made a motion authorizing the Village Clerk to hire a full-time assistant
at a salary of $24,000 a year plus benefits. The motion was seconded by Councilmember Fein and
approved by a 7-0 voice vote. The vote was as follows: CouncilmembersBass, Broucek, Fein, Fried,
Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes.
The Clerk submitted to the Council, for their information, the Charter Revision Commission Minutes
for the meetings of December 18, 2001, January 17, 2002 and January 30, 2002.
The Clerk submitted to the Council, for their information, the Building Review Committee Minutes
for the meetings of January 22, 2002 and January 31, 2002 and the Community Center Review
Committee Minutes for the meetings of January 24,2002 and January 28, 2002.
The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the
Mayor during the months of January and February 2002: St. Agnes Parish on the dedication and
blessing of the Parish Center, Auditorium and Academy expansion; congratulating the Key Biscayne
Community Church on their 50th Anniversary; Don Harrison, Vista Memorial Gardens, for their
contribution to the family of Officer Zorsky; Lissette Salinas, Vista Memorial Gardens, for their
contribution to the family of Officer Zorsky; Mark Revitz, Vista Memorial. Gardens, for, their
contribution to the family of Officer Zorsky; the Hialeah Police Department, for their contribution
to the family of Officer. Zorsky; the Hollywood Police Department, for their contribution to the
family of Officer Zorsky; the Pinecrest Police..Department, for theirr ,contnbution. tathefamily of
Officer Zorsky; the South Miami Police Department, for their contribution to the family of Officer
Zorsky.
Village Manager. The Manager addressed the Council regarding a request from Dr. Steve A. Simon,
President, Key Biscayne Athletic. Club, regarding the benefits of lighting the empty lot known as the
Scharenberg Project. It was the consensus of Council to approve this request.
John C. Gilbert, Chief of Fire Rescue addressed the Council regarding the status of the actions being
taken as a possible relocation of the firefighters to the old SunTrust Bank Building.
The Manager presented to the Council the Civic Center - Debt Cap calculations.
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February 12, 2002
The Manager addressed the Council regarding the relocation of all signage from Crandon Boulevard.
The Manager informed the Council that the Village had received a check in the amount of $65,000
as a result of the lawsuit with Amoco.
The Manager presented the Council with a report on bus shelters.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of futureaneetings-and
events was presented to the Council.
13. ADJOURNMENT: The meeting was adjourned at 11:45 p.m.
fully �ssubmitted:
/Gel
Conchita K Alvarez, CMC
Village Clerk
C
Approved this 25th day of February, 2002:
Joel. Rasco
Mayor
IF A PERSONDECIDES 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 SUCHPURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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