HomeMy Public PortalAbout10-08-02 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 8, 2002
COUNCIL CHAMBER
1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by
the Mayor at 7 00 p m Present were Councilmembers Scott Bass, Martha F Broucek, Alan H Fein,
Mortimer Fried, Vice Mayor Robert Oldakowski and Mayor Joe I Rasco Councilmember James
L Peters was absent Also present were Village Manager Jacqueline R Menendez, Village Clerk
Conchita H Alvarez and Village Attorney Stephen J Helfman
2 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance
3 SPECIAL PRESENTATIONS Councilmember Bass introduced the newly elected
members of the Village of Key Biscayne Youth Council Mayor Rasco presented the members, on
behalf of the Village Council, a Certificate of Election
Mr James Brewster, 100 Ocean Lane Dnve, addressed the Council regarding the 25th Annual
Lighthouse Run
Officials from the Miami -Dade County Public Works Department made a special presentation
regarding the concept Master Plan Study Work for the Rickenbacker Causeway
4 PUBLIC COMMENTS The following resident addressed the Council Dr Henny
Groschel-Becker, 290 West Mashta Drive
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October 8 2002
5 AGENDA Mayor Rasco requested to hear Item 8A2 before Item 8A1 There was no
objection to the agenda change
6 APPROVAL OF MINUTES Councilmember Fned made a motion to approve the minutes
of the September 24, 2002 Budget Workshop and the minutes of the September 24, 2002 Second
Budget Heanng The motion was seconded by Vice Mayor Oldakowski and approved by a 6-0 voice
vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fned, Vice Mayor
Oldakowski and Mayor Rasco voting Yes
7 ORDINANCES The Clerk read the following ordinance, on first reading, by title
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE VILLAGE
COMMUNITY CENTER, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO
CONSTRUCT AND EQUIP A COMMUNITY CENTER FOR THE VILLAGE,
AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF
ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE
The Manager and the Attorney addressed the Council regarding this ordinance
Councilmember Fein made a motion to adopt the ordinance on first reading The motion was
seconded by Vice Mayor Oldakowski
The Mayor opened the public heanng Carol Diaz -Castro, 240 Hampton Lane, Arturo
Aballi, 91 Island Drive, Pat Weinman, 940 Manner Drive, Basha Hicks, 1121 Crandon
Boulevard, Andrew Gordon, 269 Cranwood Drive, Dr Michael Kelly, 305 Gulf Road, Dr
Robert Maggs, 155 Ocean Lane Drive, Michael Kahn, 881 Ocean Dnve, Dr Jorge Mendia,
111 Island Dnve, Bonnie Cooper, 77 Crandon Boulevard, Robert Vernon, 475 Ridgewood
Road and Lance Pulver, 430 Grand Bay Dnve The Mayor closed the public heanng
There was extensive discussion from Council regarding this ordinance
The ordinance was adopted on first reading by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Fned, Vice Mayor Oldakowski and Mayor Rasco voting Yes
The Clerk announced the second reading on October 22, 2002 in the new Council Chamber
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October 8 2002
The Clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $9,987,551 OF CAPITAL IMPROVEMENT
REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING
FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID
BONDS, AND PROVIDING AN EFFECTIVE DATE
Councilmember Fned made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Fein
Jeffrey D DeCarlo, Bond Counsel for the Village of Key Biscayne with Adorno & Zeder, 2601
South Bayshore Dnve, Miami addressed the Council regarding this ordinance
The Mayor opened the public heanng Carol Diaz -Castro, 240 Hampton Lane, Arturo
Aballi, 91 Island Dnve, Jim Taintor, 355 Harbor Drive, Michael Kahn, 881 Ocean Drive,
Andrew Gordon, 269 Cranwood Dnve, Camille Guething, 260 Seaview Drive and Robert
Vernon, 475 Ridgewood The Mayor closed the public heanng
The Manager and the Attorney addressed the Council regarding this ordinance
Randolph White, Finance Director through the firm of Moyer & Associates addressed the Council
regarding this ordinance
The ordinance was adopted on first reading by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Fned, Vice Mayor Oldakowski and Mayor Rasco voting Yes
The Clerk announced the second reading on October 22, 2002
The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 28 "TAXATION," AT ARTICLE II
"OCCUPATIONAL LICENSE TAX," BY AMENDING SECTION 25-31 "OCCUPATIONAL
LICENSE TAX SCHEDULE," TO PROVIDE FOR A 5% INCREASE IN THE
OCCUPATIONAL LICENSE TAX SCHEDULE FOR ALL BUSINESSES, OCCUPATIONS
OR PROFESSIONS LISTED IN THE SCHEDULE, AND TO PROVIDE FOR A
REDUCTION IN THE CATCH ALL PROVISION WHICH IS APPLICABLE TO ANY
BUSINESS NOT LISTED IN THE SCHEDULE, PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE
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October 8 2002
Councilmember Fned made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Broucek
Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding this
ordinance
The Mayor opened the public heanng There were no speakers present The Mayor closed
the public heanng
The ordinance was adopted on second reading by a 5-0 roll call vote The vote was as follows
Councilmembers Broucek, Fein, Fned, Peters, Vice Mayor Oldakowski and Mayor Rasco voting
Yes Councilmember Bass was out of the Chamber at the time the vote was taken
8 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING THE VILLAGE OF KEY BISCAYNE RULES FOR USE OF THE
GOVERNMENT ACCESS CHANNEL IN CONNECTION WITH VILLAGE ELECTIONS,
PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE
Vice Mayor Oldakowski made a motion to approve the resolution The motion was seconded by
Councilmember Fein
The Attorney addressed the Council regarding this resolution recommending to delete the words "the
upcoming" and add an ` s to the word election on the fourth WHEREAS clause The Attorney also
recommended to delete the schedule on page 4 of the rules There was no objection to these
recommendations
Carol Diaz -Castro, 240 Hampton Lane, Andrew Gordon, Jorge Mendia, 111 Island Dnve,
James Taintor, 355 Harbor Dnve, Michael Kahn, 881 Ocean Drive and Barry Goldmeir,
1000 Manner Dnve addressed the Council
There was extensive discussion from Council regarding this resolution
Councilmember Fein made an amending motion to remove the second sentence on A4 The motion
was seconded by Councilmember Bass and approved by a 5-1 voice vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Fned and Mayor Rasco voting Yes Vice Mayor Oldakowski
voting No
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October 8 2002
Councilmember Bass made an amending motion to remove the second sentence on A7 The motion
was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as
follows Councilmembers Bass, Broucek, Fein, Fried Vice Mayor Oldakowski and Mayor Rasco
voting Yes
Councilmember Fried made a motion to reduce the Candidate's Statement to three (3) minutes
maximum duration The motion was seconded by Councilmember Bass and approved by a 4-2 voice
vote The vote was as follows Councilmembers Bass, Broucek, Fned and Vice Mayor Oldakowski
voting Yes Councilmember Fein and Mayor Rasco voting No
The resolution as amended was approved by a 6-0 voice vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Fned, Vice Mayor Oldakowski and Mayor Rasco voting Yes
9 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Rasco addressed the Council regarding the appointment of a
three member Committee to assist in evaluating and ranking RFPs for a Construction Program
Manager for the proposed Community Center as approved by Council on September 3, 2002,
Resolution No 2002-40 The Mayor proposed the following residents Mr Ed Easton, Mr Barry
Goldmeir and Mr Raul Llorente
Barry Goldmeir, 1000 Marine Dnve addressed the Council
Councilmember Bass made a motion to approve the appointment of the three member Committee
as proposed by the Mayor The motion was seconded by Councilmember Broucek and approved by
a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fned, Vice Mayor
Oldakowski and Mayor Rasco voting Yes
Pursuant to Ordinance 92-14, Section 3, Councilmember Bass made a motion to reappoint Rosemary
Sala, Dennis O'Hara and Jennifer Leal as Special Masters The motion was seconded by
Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Fned, Vice Mayor Oldakowski and Mayor Rasco voting Yes
Councilmember Broucek addressed the Council regarding the enforcement of BZP and Public Works
Codes
Councilmember Broucek addressed the Council regarding the Miami -Dade County Elections
Department problems
The Clerk addressed the Council regarding the issues of the primary Election
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October 8 2002
Councilmember Broucek addressed the Council regarding a discussion of second trash bulk pick-up
Director of Public Works, Armando Nunez addressed the Council regarding the trash bulk
pick-up
Mayor Rasco addressed the Council regarding improving the Miami -Dade County 911 system for
Key Biscayne
John C Gilbert, Chief of Fire Rescue and Cathy McElhaney, Deputy Chief of Police
addressed the Council regarding the 911 system
Mayor Rasco addressed the Council and the public regarding the importance of the Notice of
Heanng No 02GF07, applicant Village of Key Biscayne, requesting approval to amend the Crandon
Park Master Plan to permit the existing Ball Fields or Lighted Baseball Fields with backstops to
remain, rather than converting them to an unmarked multi -purpose playing meadow This Heanng
will take place in the County Commission Chamber at 9 30 a m on October 22, 2002
Mayor R asco addressed the Council regarding the appointment of a Noise Ordinance Review
Committee The Mayor, with consensus of Council, appointed the following individuals Jose
Penichet, Mike Stefans, Clint Archambault, Camille Guething, Bill Pickell, Serge Barder, Ramon
Rodriguez, Luis Arrondo and Michael Carash
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk requested that Council cancel the November 21, 2002 Zoning Meeting
in order to hold the Installation Ceremony for the newly elected Mayor and Councilmembers on that
day There was no objection to the request
The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the
Mayor dunng the month of September 2002 proclaiming September 21, 2002 as International Day
of Peace
Councilmember Broucek made a motion to extend the meeting to 11 05 p m The motion was
seconded by Councilmember Bass and approved by a 6-0 voice vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Fned, Vice Mayor Oldakowski and Mayor Rasco voting Yes
Village Manager The Manager addressed the Council regarding the status of the Fire Station and
the Police/Administration Building The Manager also addressed the Council reporting that the
Dedication Ceremony for the Fire Station and the Police/Administration Building will be held on
Monday, October 28, 2002 at 6 30 p m Everyone is invited to attend
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October 8 2002
10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
11 SCHEDULE OF FUTURE MEETINGS/EVENTS A scheduled of future meetings and
events was presented to the Council
12 ADJOURNMENT The meeting was adjourned at 11 04 p m
Res tfully submit d j
Conchcta H Alvarez, CMC
Village Clerk
Approved this 22nd day of October , 2002\ ..
/ OR
Joe I Rasco
Mayor
IF A PERSON DECIDES 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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