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HomeMy Public PortalAbout01-09-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 9, 2001 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, FLORIDA 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, Alan H. Fein, James L. Peters, Robert Oldakowski, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Councilmember Martha F. Broucek was absent. 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 the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The Mayor on behalf of the Village Council presented the members of the Winterfest Committee with a Proclamation. The Mayor on behalf of the Village Council presented a proclamation to Mr. Rick Chitwood for his contribution to our community. Ms. Anne Owens Wright, on behalf of the American Cancer Society addressed the Council regarding Relay For Life, a team event to fight cancer. 5. PUBLIC COMMENTS: There were no speakers present. 1 of 9 January 9, 2001 6. AGENDA: Mayor Rasco requested the deletion of Item 9G, regarding the creation of a new position to assist the Mayor and a discussion regarding an event at Crandon Park as Item 10D3; Councilmember Bass requested the deletion of Item 10A3 regarding the renewal of Adelphia Contract and requested the addition of a discussion regarding noise from garbage pickup under Item 8A1; Councilmember Fein requested the addition of a report regarding construction of Civic Center as Item 10D2. There was no objection to the agenda changes. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent. The minutes of the December 5, 2000 Regular Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A REQUEST (FILE V-01) BY WINIFRED M. PRITCHETT RELATING TO AN AMENDMENT OF A PLAT THROUGH THE VACATION OF A UTILITY EASEMENT (THE NORTHERLY 5.00 FEET OF LOT 20, LESS THE SOUTHWESTERLY 5 FEET THEREOF, AND THE SOUTHERLY 5.00 FEET OF LOT 21, LESS THE NORTHWESTERLY FIVE FEET THEREOF, ALL IN BLOCK 26 OF "FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 53, PAGE 39 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA) FOR PROPERTY LOCATED AT 259 BUTTONWOOD. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING MIAMI-DADE COUNTY TO CREATE A PATH FROM CALUSA PARK TO THE INTERNATIONAL TENNIS CENTER; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING CONTINUED APPROPRIATIONS FOR AND DELIVERY OF MIAMI-DADE COUNTY PUBLIC SCHOOLS ADULT AND POST SECONDARY VOCATIONAL PROGRAMS UNDER THEIR CURRENT STRUCTURE; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE," AMENDING SECTION 17-2 "DEFINITIONS" BY REVISING THE DAYS LISTED AS HOLIDAYS AND BY DEFINING THE TERMS "PLAINLY AUDIBLE," AND "LEAF BLOWER;" AMENDING SECTION 17-3 "PROHIBITED ACTS," BY AMENDING PARAGRAPH (F) "CONSTRUCTION," TO PROHIBIT NOISE FROM CONSTRUCTION ACTIVITIES ON SATURDAYS, AND 2of9 January 9, 2001 CREATING PARAGRAPH (P) "POWER TOOLS AND LANDSCAPE EQUIPMENT," REGULATING NOISE FROM POWER TOOLS AND LANDSCAPE EQUIPMENT, AND CREATING PARAGRAPH (Q) "LEAF BLOWERS," PROHIBITING CERTAIN LEAF BLOWERS; AMENDING SECTION 17-7 "PENALTIES" BY AMENDING PARAGRAPH (B) "ADDITIONAL NOTICE REQUIREMENTS FOR VIOLATIONS OF SECTION 17- 3(F)" TO PROVIDE FOR NOTICE TO GENERAL CONTRACTOR, AND CREATING PARAGRAPH © "REPEAT VIOLATIONS;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein. The Mayor opened the public hearing. Grace Falk, 288 Seaview Drive; Camille Guething, 260 Seaview Drive; Rafael Yaque, 240 Crandon Boulevard; Jeffrey Miller, General Manager, Ocean Club Community Association, 717 Crandon Boulevard; Conchita Suarez, 201 Crandon Boulevard; Susan Krupnick, Key Biscayne; Jim Haney, 472 Glenridge Road addressed the Council. The Mayor closed the public hearing. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance. There was extensive discussion from Council regarding this ordinance. The Attorney and the Manager addressed the Council regarding this ordinance. Councilmember Oldakowski made an amending motion to prohibit construction noise at any time throughout the Village on Saturdays, Sundays and holidays except for those projects for which construction permits have been issued prior to a particular date. The motion was seconded by Councilmember Fein. Councilmember Oldakowski withdrew his motion. It was the consensus of Council to direct staff to include language in the ordinance to find a solution to the above withdrawn motion. The ordinance was adopted on first reading by a 4-2 roll call vote. The vote was as follows: Councilmembers Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Fein voting No. The Clerk announced the second reading of this ordinance for January 23, 2001. 3of9 January 9, 2001 The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY VILLAGE RIGHTS -OF - WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Vice Mayor Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Oldakowski. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The Attorney 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, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Clerk announced the second reading of this ordinance for January 23, 2001. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TEN STEP SALARY PLAN FOR VILLAGE EMPLOYEES; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to take from the table this resolution. The motion was seconded by Councilmember Oldakowski. The Manager addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 4of9 January 9, 2001 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 ENTER INTO THE ATTACHED AGREEMENT WITH RODRIGUEZ AND QUIROGA FOR A NEEDS ASSESSMENT/PROGRAMMING AND CONCEPTUAL DESIGNS INCLUDING PROVISIONS ALLOWING THE VILLAGE COUNCIL TO EXPAND THE CONTRACT TO INCLUDE COMPLETE ARCHITECTURAL PLANS RELATED TO THE DESIGN OF THE VILLAGE COUNCIL CHAMBER/COMMUNITY THEATER; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass was out of the room at the time the vote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH LEWIS, LONGMAN & WALKER, P.A.; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Attorney addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried 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 AND VILLAGE ATTORNEY TO NEGOTIATE A PROPOSED CONTRACT FOR PURCHASE AND SALE BETWEEN THE VILLAGE AND ANTHONY GRECO, CONCERNING THE ACQUISITION OF THE PROPERTY AT 530 CRANDON BOULEVARD BY THE VILLAGE; REQUIRING SUBMITTAL OF PROPOSED CONTRACT TO VILLAGE COUNCIL; PROVIDING EFFECTIVE DATE. 5of9 January 9, 2001 Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Oldakowski voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOMMENDING THE VILLAGE COUNCIL TO WAIVE COMPETITIVE BIDDING PROCEDURES FOR WILDLIFE TRAPPINGS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT FOR PESKY CRITTERS WILDLIFE TRAPPINGS; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Dr. Jaime Zambrano, 169 Harbor Drive addressed the Council regarding this resolution. The Manager addressed the Council regarding this resolution stating that Pesky Critters had been contacted and the charge would be $75.00 per raccoon. The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. 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 RESEARCH THE VIABILI'T'Y OF LIGHTING THE VILLAGE GREEN; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Mayor Rasco and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. Vice Mayor Fried voting No. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco and Vice Mayor and Fried addressed the Council regarding a discussion of the sanitary sewer system. 6of9 January 9, 2001 The Manager addressed the Council regarding the sanitary sewer system stating that the project must be completed by 2002 in order to preserve the loan. The Attorney also addressed the Council regarding the sanitary sewer system. Ed Easton, 18 Harbor Point; Nancy Doke -Harrison, 200 West Mashta Drive; Conchita Suarez, 201 Crandon Boulevard; Chris Johannsen, 212 West Mashta Drive addressed the Council regarding the sanitary sewer system. It was the consensus of Council to direct staff to prepare three resolutions for the January 23, 2001 meeting, with different options in order to go forward with the sanitary sewer system. Councilmember Bass addressed the Council regarding the parcel of land between Calusa Park and La Carreta Restaurant. Councilmember Bass deferred this item to a future meeting. Mayor Rasco addressed the Council regarding the re -scheduling of the Goals and Objectives Workshop due to a conflict with the Key Biscayne Chamber of Commerce Awards Dinner. It was the consensus of Council to re -schedule the Goals and Objectives Workshop to Tuesday, February 6, 2001 at 7:00 p.m. Councilmember Bass addressed the Council regarding the proposed Civic Center layout and the ideas from the public. The Manager addressed the Council stating that those ideas had been forwarded to Raul Lastra, O.B.M. Miami, who will then give a report to the Manager. Mayor Rasco reported on two search firms that had been contacted to search for a new village manager: DWG Maximus and Rachlin & Cohen. It was the consensus of Council to direct the Clerk to place on the January 23, 2001 agenda an item to discuss the extension of the manager's contract to March of 2002. Mayor Rasco addressed the Council regarding the Council's legislative package for Tallahassee and Wasghinton, D.C. for 2001. Mayor Rasco made a motion to adopt the following Legislative Priorities for the year 2001: Playing Fields, Master Plan -State Funding, Sanitary Sewer Construction Grant and funding for: Police/Village Building, Community Center and Fire Rescue Station. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. At this time Councilmember Bass addressed the Council regarding the renewal of the Adelphia Cable Contract stating that this issue will be discussed at a future Council Meeting. 7 of 9 January 9, 2001 Councilmember Peters addressed the Council regarding the answer to resident Isabel Gambino, 676 Ridgewood, whose question to Council on November 14, 2000 concerned why didn't the Village apply for state funds for the proposed sewer project? The Manager addressed the Council stating that at the time the Village was working on the loan for the proposed sanitary sewer project, the Village was not notified of the particular grant from the state. Village Attorney. The Attorney addressed the Council regarding political signs in the Village of Key Biscayne specifically in the right-of-way. The Attorney stated that the Code of the Village of Key Biscayne prohibits signs in the right-of-way, specifically under Section 28-3. Prohibited Signs. (20) Any private Sign extending over a public right-of-way. Director Kurlancheek addressed the Council regarding political signs. Staff will bring back at a future Council Meeting some regulations for political signs for consideration by Council. The Attorney addressed the Council regarding the canvassing of election returns in the Village of Key Biscayne. The Attorney requested to schedule an Executive Session regarding the Gardens of Key Biscayne at 5:45 p.m. on Tuesday, January 23, 2001. Village Clerk. The Clerk submitted a copy of her office's 2000 annual report to the Council. Village Manager. The Manager addressed the Council regarding the noise at the Post Office reporting that it is an on going problem for the last 10 years and recommended to invite a representative of the Post Office to a future Council Meeting. Chief of Police, Michael J. Flaherty addressed the Council regarding the noise at the Post Office. It was the consensus of Council to direct the Manager to write a letter to Congresswoman Ileana Ros- L.ehtinen explaining the problems with the noise at the Post Office and the problems the Village is facing regarding cooperation with the postal officials. The Manager requested that the Council Meeting of January 23, 2001 start at 6:00 p.m. in order to report to Council on the Civic Center Project. There was no objection to this request. The Mayor addressed the Council advising the Manager and the Chief of Police of a Miami -Dade County event that will take place at Crandon Park on January 20, 2001 from 10:00 a.m. to 4:00 p.m. in order that the necessary measures are taken in order to prevent a traffic congestion during such event. 8 of 9 January 9, 2001 The Manager addressed the Council regarding the delay on the beach renourishment project explaining that the barge carrying the dredge which was to have sucked up sand about a mile offshore of Key Biscayne, sunk in a storm. The Manager is looking into this matter and will report back to Council on this issue. 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 10:30 p.m. R, pec fully submitte, o ita H. Alvarez, CMC Village Clerk Approved this 23rd day o s 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, WHICII RECORD INCLUDES TIIE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9 of 9