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HomeMy Public PortalAbout01-23-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 23, 2001 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 6:35 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, James L. Peters, Robert Oldakowski, Vice Mayor Mortimer Fried 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 Bud Schroeder, Key Biscayne Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. At this time Councilmember Broucek addressed the Council and the residents regarding her recent illness and thanked everyone for their concerns. 4. AGENDA: Councilmember Peters requested the addition of a brief discussion regarding the Relay for Life event as Item 10A1 and a report regarding the noise at the Post Office as Item 10A2; Mayor Rasco requested the addition of a brief presentation by the Key Biscayne Women's Auxiliary of the American Cancer Society regarding an event that will take place on February 3, 2001 at the Sonesta Beach Resort, after the Civic Center Report and Councilmember Oldakowski requested the addition of a report from the Manager regarding revised financial figures on the cost estimates for the Civic Center and the Sanitary Sewer Project, specifically how they impact on the debt cap ordinance under Item 5A. There was no objection to the agenda changes. 1 of 9 January 23, 2001 5. CONSENT AGENDA: The following consent agenda was approved by unanimous consent. The minutes of the January 9, 2001 Regular Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A REQUEST (FILE 01-01) BY THE VILLAGE MANAGER FOR A TENTATIVE PLAT RELATING TO THE VILLAGE CIVIC CENTER (SEE ATTACHMENT). 6. CIVIC CENTER REPORT: The Manager addressed the Council introducing Mr. Robert Currie, who will make a presentation on the Community Center. Mr. Robert Currie, Robert Currie Partnership, addressed the Council regarding the schematic plans for the Community Center. Bonnie Cooper, Pat Weinman and Julie Alvarez from the Community Center Committee addressed the Council regarding the Community Center. Todd Hofferberth, Recreation Director, addressed the Council regarding some of the activities that would be incorporated into the Community Center facility. The following residents addressed the Council regarding the parking issue: Reverend Bud Schroeder, 355 Glenridge Road; Alan Sonnabend, 300 Atlantic Road, representing the Key Biscayne Chamber of Commerce; Blanca Mesa, 544 Fernwood Road; Ed Meyer, 100 Sunrise Drive; Chief of Police Michael J. Flaherty on behalf of Darlene Mooney, Principal, Key Biscayne Elementary School; Pat Weinman, 940 Mariner Drive; Camille Guething, 260 Seaview Drive. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE SCHEMATIC PLANS FOR THE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Councilmember Fein made an amending motion to add 2400 square feet to the second floor for a total of 41,600 square feet in the entire building. The motion was seconded by Councilmember Broucek. 2 of 9 January 23, 2001 The Attorney addressed the Council regarding this amendment. There was extensive discussion from Council regarding this resolution. The Fein amending motion was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. Councilmember Bass was out of the room at the time the vote was taken. Michael F. Lanciault, James A. Cummings, Inc. addressed the Council regarding the parking issue. The resolution as amended was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Peters voting No. The Mayor requested a 5 minute recess at 8:05 p.m. The meeting was reconvened at 8:10 p.m. At this time Dr. Susana Leal-Khouri, on behalf of the Key Biscayne Women's Auxiliary of the American Cancer Society, addressed the Council inviting everyone to attend the upcoming "Tango Sevillanas and Salsa" event which will take place at the Sonesta Beach Resort on Saturday, February 3, 2001. 7. BUILDING, ZONING AND PLANNING: There were no zoning cases. 8. ORDINANCES: 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 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 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. 3of9 January 23, 2001 Councilmember Oldakowski made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Fried. Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding the ordinance. Councilmember Bass made an amending motion to add the following language at the end of Section 17-3. Prohibited Acts. (b) Additional Notice Requirements for Violations of Section 17-3(): "Further, the general contractor and subcontractor shall be cited and shall be responsible for a violation of Section 17-3 (f)". The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. The Attorney addressed the Council regarding this ordinance. Councilmember Oldakowski made an amending motion to Section 17-3. Prohibited Acts. (q) Leaf Plowers. to delete " " and "This shall "and add the following language: "unless said machine has a stamp from the manufacturer or testing laboratory certifying a rating of no more than 65 decibels". The motion was seconded by Councilmember Peters and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. Councilmember Oldakowski made an amending motion to amend Section 17-3. Prohibited Acts. (p) Power Tools and Landscaping Equipment. by inserting the following language: "leaf blowers". The motion was seconded by Councilmember Peters and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. The Mayor opened the public hearing. Susan Krupnick, Key Biscayne; Camille Guething, 260 Seaview Drive; Michele Padovan, 425 Grapetree Drive; Jim Dowd, 101 Ocean Lane Drive; Bill Falk, 288 Seaview Drive addressed the Council. The Mayor closed the•public hearing. Councilmember Oldakowski made an amending motion to amend Section 17-3. Prohibited Acts. (q) Leaf Plowers. by changing the date to "April 1, 2001". The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. 4 of 9 January 23, 2001 Councilmember Oldakowski made an amending motion to amend Section 17-3. Prohibited Acts. (f) Construction. by eliminating paragraphs (2) and (4), amending paragraph (5) by adding "Saturday" and deleting " " and re -number the paragraphs. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. The ordinance as amended was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. The Clerk read the following ordinance, on second 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 second reading. The motion was seconded by Councilmember Bass. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY-BISCAYNE, FLORIDA, IMPLEMENTING EXEMPTION FROM NOISE REGULATIONS FOR VILLAGE CIVIC CENTER PROJECT OF THE VILLAGE OF KEY BISCAYNE PURSUANT TO SECTION 17-5(B)(2) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried. 5of9 January 23, 2001 Director Kurlancheek addressed the Council regarding this resolution. The following residents addressed the Council: Camille Guething, 260 Seaview Drive; Ed Meyer, 100 Sunrise Drive; Dr. Rafael Perez -Blanco, 524 Fernwood Road; Jim Taintor, 355 Harbor Drive. There was extensive discussion from Council regarding this resolution. Councilmember Oldakowski made an amending motion to amend Section 1. A. Exemption. to prohibit work on Sunday and change the permitted time to create noise on Saturdays to 9:00 a.m. until 7:00 p.m. The motion was seconded by Councilmember Fein and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. The resolution as amended was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Peters voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING FOURTH AMENDMENT TO VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, C. SAMUEL KISSINGER; PROVIDING FOR AN EFFECTIVE DATE. At this time the Mayor requested to move the above resolution after the Sanitary Sewer Project discussion. There was no objection to the agenda change. 10. SANITARY SEWER PROJECT ALTERNATIVES: The following options were discussed: There was extensive discussion from Council regarding this issue. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING IMPLEMENTATION OF ELECTION OF PROPERTY OWNERS TO BE SPECIALLY ASSESSED PURSUANT TO VILLAGE CHARTER SECTION 4.14 "SPECIAL ASSESSMENTS" FOR THE VILLAGE'S SANITARY SEWER IMPROVEMENT PROJECT; PROVIDING FOR EFFECTIVE DATE. 6of9 January 23, 2001 Councilmember Bass made a motion to approve the resolution. The motion was seconded by Councilmember Peters and failed by a 2-5 voice vote. The vote was as follows: Councilmembers Bass and Peters voting Yes. Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco 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 TO PROCEED WITH THE SANITARY SEWER IMPROVEMENT PROJECT WITHOUT REQUIRING ANY ELECTION OF THE PROPERTY OWNERS TO BE SPECIALLY ASSESSED; PROVIDING A PUBLIC HEARING CONCERNING SANITARY SEWER IMPROVEMENT PROJECT AND SPECIAL ASSESSMENTS; PROVIDING FOR NOTICE OF HEARING. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Bass. The Attorney addressed the Council regarding this resolution. The following residents addressed the Council: Isabel Gambino, 676 Ridgewood Road; Ward Rathbone, 275 West Mashta Drive; Allene Nicholson, 769 Allendale Road; Michelle Barnett, 355 West Wood Drive and Linda Davitian, 720 Myrtlewood Lane. At this time Councilmember Broucek made a motion to extend the meeting to 11:15 p.m. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The resolution was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Peters voting No. Vice Mayor Fried made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein voting No. 7of9 January 23, 2001 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING IMPLEMENTATION OF ELECTION OF PROPERTY OWNERS TO BE SPECIALLY ASSESSED PURSUANT TO VILLAGE CHARTER SECTION 4.14 "SPECIAL ASSESSMENTS" FOR THE VILLAGE'S WATER LINE IMPROVEMENT PROJECT; PROVIDING FOR EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried. Councilmember Fein made a motion to table the resolution to the February 13, 2001 Council Meeting. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, 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; APPROVING FOURTH AMENDMENT TO VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, C. SAMUEL KISSINGER; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Bass. The Manager addressed the Council regarding this resolution. The resolution was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Vice Mayor Fried and voting Yes. Councilmember Peters and Mayor Rasco voting No. 11. REPORTS AND -RECOMMENDATIONS: There was no further business discussed. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 8 of 9 January 23, 2001 14. ADJOURNMENT: The meeting was adjourned at 11:30 p.m. Res' 'c, ully submitteyl: Conchita H. Alvarez, CMC Village Clerk Approved this 13th day of February , 2 Joe I. Rasco Mayor 01/r1,4,.. PI 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. 9of9