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Home My Public Portal About10-22-02 Regular Council Meeting.tifMINUTES REGULAR COUNCIL MEETING AND ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 22, 2002 COUNCIL CHAMBER 1 PRESENTATION OF COLORS The Village of Key Biscayne Fire Rescue/Police Color Guard presented the colors 2 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 10 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 Jacqueline R Menendez, Village Clerk Conchita H Alvarez and Village Attorneys Stephen J Helfman and David M Wolpin 3 INVOCATION Reverend Gabriel Simsi, St Christopher's by the Sea, gave an invocation 4 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 5 AGENDA Mayor Rasco requested the addition of a presentation of a Resolution adopted by the Youth Council of the Village of Key Biscayne supporting the Community Center as proposed and a report regarding the approval of maintaining the lights at Crandon Park by the Miami -Dade County Commission 6 APPROVAL OF MINUTES Councilmember Fried made a motion to approve the minutes of the October 8, 2002 Regular Council Meeting 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 I of October 22 2002 Mr Bill Cole, Vice Chairman of the Key Biscayne Youth Council, read the resolution into the record, supporting the Community Center as proposed Mayor Rasco addressed the Council regarding the approval of the Miami -Dade County Commission today to maintain the lights at Crandon Park fields 7 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public hearings were sworn in by the Clerk Hearing Number RV -12 John H and W Marylou Dasburg, 1 Harbor Point, the applicants are requesting the following variances associated with the placement of one davit on a dock 1) permit davits to be placed in a location that is 28 ft from the point where they are permitted to be placed on a dock Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval of the above variance Attorney Robert Hams, representing the applicant, addressed the Council regarding this variance The M ayor o pened the p ublic h eanng Ji m T aintor, 3 55 H arbor D nve addressed the Council The Mayor closed the public hearing Councilmember Peters made a motion to approve the variance The motion was seconded by Councilmember Broucek and approved by a 7-0 roll call vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes Hearing Number RV -13 John H and W Marylou Dasburg, 490 W Matheson Drive, the applicants are requesting the following variances associated with the placement of two davits on a dock 1 ) Waive 2 ft 6 in and 1 ft 6 in of the required 10 ft side setback, 2) Permit davits to be placed in a location that is 24 ft And 11 ft 6 in past the point where they are permitted to be located Director Kurlancheek addressed the Council stating his recommendation of approval of the above variance The Mayor opened the public hearing Jim Taintor, 355 Harbor Dnve addressed the Council The Mayor closed the public hearing Attorney Robert Hams, representing the applicant, addressed the Council regarding this variance 2of7 October 22 2002 Councilmember Fned made a motion to approve the variance The motion was seconded by Bass and approved by a 7-0 roll call vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes 8 ORDINANCES The Clerk read the following ordinance, on second 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 second reading The motion was seconded by Vice Mayor Oldakowski The Mayor opened the public heanng Michael Kahn, 881 Ocean Drive, Jay Swindell, 774 Fernwood Road, Larry Radzville, 77 Crandon Boulevard, Arturo Aballi, 91 Island Dnve, Jim Taintor, 355 Harbor Dnve, Dr Henny Groschel-Becker, 290 West Mashta Drive, John Festa, 695 Harbor Lane, Pat Weinman, 940 Manner Dnve, Bill Cole, 580 Fernwood Road, Camille Guething, 260 Seaview Drive, Dr Michael Kelly, 395 Gulf Road, Dr Jorge Mendia 111 Island Drive, Dr Jim Leavitt, 240 Island Drive, Cory Lopez -Blanco, 260 Grapetree Drive, Julie Alvarez, 150 Sunrise Dnve and Barry Goldmeir, 1000 Manner Dnve addressed the Council The Mayor closed the public hearing There was extensive discussion from Council regarding this ordinance Michael F Lanciault, Senior Vice President, James A Cummings Inc addressed the Council The ordinance was adopted on second reading by a 7-0 roll call 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 ordinance, on second 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 3of7 October 22 2002 FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE Councilmember Bass made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Fried The Mayor opened the public hearing John Festa, 695 Harbor Lane, Bonnie Cooper, 77 Crandon Boulevard, Michael Kahn, 881 Ocean Drive, Barry Goldmeir, 1000 Mariner Drive and Shirley Feldman, 1121 Crandon Boulevard addressed the Council The Mayor closed the public hearing Randy White, Finance Director through the firm of Moyer & Associates addressed the Council regarding this ordinance Councilmember Peters made an amending motion to not allow for a prepayment clause in any document the Village executes, no interest only on years and that the interest that we earn on the account goes into a d esignated a ccount T he m otion w as s econded b y C ouncilmember B ass Councilmember Bass withdrew his second The motion died for lack of a second The Attorney addressed the Council regarding this ordinance 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 It was the consensus o f C ouncil t o direct s taff t o get b ids from the banks with both options prepayment clause and without a prepayment clause The ordinance was adopted on second reading by a 6-1 roll call vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes Councilmember Peters voting No Councilmember Broucek made a motion to extend the meeting to 11 30 p m 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, Vice Mayor Oldakowski and Mayor Rasco voting Yes Councilmember Peters voting No 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING OPTION "2" AS INDICATED IN THE ATTACHED PLANS SHOWING THE LOCATION OF A BUS SHELTER, DIRECTING THAT 4of7 October 22, 2002 ARCHITECTURAL AND ENGINEERING PLANS BE COMPLETED AND THAT THE PROJECT BE PUT OUT TO BID, PROVIDING FOR AN EFFECTIVE DATE Councilmember Bass Rasco made a motion to approve the resolution The motion was seconded by Councilmember Fried Mr Eduardo Muniga, Architect, Miami addressed the Council regarding the bus shelter The resolution was approved by a 5-0 voice vote The vote was as follows Councilmembers Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes Councilmembers Bass and Fein were out of the Chamber at the time the vote was taken The Clerk read the resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING CIVIC CENTER PROJECT (THE "PROJECT"), APPROVING AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (THE "AMENDMENT TO AGREEMENT") BETWEEN THE VILLAGE OF KEY BISCAYNE (THE "VILLAGE") AND JAMES A CUMMINGS, INC (THE "CONSTRUCTION MANAGER") TO PROVIDE FOR THE CONSTRUCTION OF THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER (THE "COMMUNITY CENTER"), APPROVING ARCHITECT'S CONSTRUCTION PLANS FOR COMMUNITY CENTER, APPROVING GUARANTEED MAXIMUM PRICE (THE "GMP") FOR COMMUNITY CENTER, AUTHORIZING ADDITIONAL WORK ITEMS FOR COMMUNITY CENTER, INCLUDING TELEPHONE SYSTEM AND TELEPHONES, FPL, DATA CABLING AND SYSTEMS, PROVIDING FOR ENHANCEMENT OF LANDSCAPING AT CIVIC CENTER SITE, AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Vice Mayor Oldakowski The Manager and Director Kurlancheek addressed the Council regarding this resolution Randolph White, Finance Director through the firm of Moyer & Associates addressed the Council regarding this ordinance The resolution was approved by a 6-1 roll call vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes Councilmember Peters voting No 5of7 October 22 2002 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Peters made a motion for the Village of Key Biscayne to sponsor an annual volunteer coaches dinner in order to recognize the many hours freely given for coaching our children on Key Biscayne 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 Councilmember Broucek made a motion to extend the meeting until 11 45 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 Councilmember Peters made a motion directing staff to draft a resolution of the Village Council opposing the City of Miami zoning changes on Virginia Key The motion was seconded by Councilmember Bass The Attorney addressed the Council regarding the proposed zoning changes on Virginia Key John Festa, 695 Harbor Lane addressed the Council regarding Virginia Key The Peters motion failed by a 2-5 voice vote The vote was as follows Councilmembers Bass and Peters voting Yes Councilmembers Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting No Councilmember Broucek made a motion to extend the meeting to 12 00 midnight 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 Councilmember Fein addressed the Council regarding Article II Section 5, of the Flonda Constitution (attached for the record) Village Attorney The Attorney did not submit a report Village Clerk The Clerk did not submit a report Village Manager The Manager did not submit a report 6 of 7 October 22 2002 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 12 OOp m Re fec ully submitte 4, IZ2 ldI./AV Conchcta H Alvarez, CMC Village Clerk Approved this1.6IL day of November , 2002 /to ue,„ Robert Oldakowski Mayor IFA 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 7 o 7