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Home My Public Portal About02-13-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 13, 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 7:00 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: Pastor Paul Manuel, Key Biscayne Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. At this time Mayor Rasco recognized Mr. and Mrs. Gary Wilder thanking them for their generosity in donating a fountain for the Village Green and requested to move this item to the beginning of the agenda. There was no objection to the agenda change. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING BID FOR CONSTRUCTION OF FOUNTAIN TO FREEPORT FOUNTAINS; AUTHORIZING VILLAGE MANAGER TO ACCEPT DONATION IN THE AMOUNT OF $120,000 FOR THE PURPOSE OF BUILDING A FOUNTAIN IN THE VILLAGE GREEN PARK; AUTHORIZING INSTALLATION OF DEDICATION PLAQUE UPON COMPLETION OF FOUNTAIN; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO IMPLEMENT RESOLUTION; PROVIDING FOR EFFECTIVE DATE. 1 of 7 February 13, 2001 Vice Mayor Fried 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 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Mrs. Rita Wilder addressed the Council thanking the Mayor and Council for affording them the opportunity to make this donation on behalf of the Wilder Foundation. 4. SPECIAL PRESENTATIONS: Reverend Bob Libby, on behalf of Keep Seniors on Key Biscayne addressed the Council thanking them for their support and recommended that the Village hire a Coordinator of Senior Services. Larry Radzville, 77 Crandon Boulevard, addressed the Council regarding the issue of transportation for seniors; Richard McGill, 155 Ocean Lane Drive addressed the Council regarding the qualifications for hiring a Coordinator of Senior Services. The Postmaster for the Key Biscayne Post Office did not attend the meeting. Mr. Randy White, Moyer and Associates, Finance Director for the Village and Mr. Michael Futterman, CPA, Director for Rachlin Cohen & Holtz LLP Certified Public Accounts made a presentation to the Council regarding the 2000 Comprehensive Annual Financial Report. 5. PUBLIC COMMENTS: The following residents addressed the Council: Carmen Tonarely, 210 Seaview Drive; Jim O'Neill, 210 Seaview Drive; Ed Meyer, 100 Sunrise Drive; Isabel Gambino, 676 Ridgewood Road; Linda Davitian, 720 Myrtlewood Lane; Michele Padovan, 425 Grapetree Drive and Christina DeFalco, 725 Woodcrest Road. 6. AGENDA: Councilmember Oldakowski requested the removal of Item 7C from the consent agenda, the addition of a motion for reconsideration of the sewer issue as Item 10A7 and an update from the Manager regarding pedestrian safety as Item 10D2; Councilmember Bass requested the addition of a discussion regarding lyric contents of songs performed at the Village Green as Item 10A8 and a discussion regarding the Civic Center as Item 10D3; Mayor Rasco requested the addition of a progress report on the Civic Center as Item 10D3 and Councilmember Peters requested the addition of a discussion regarding Adelphia Cable Contract, under the Village Attorney report as Item 10B1. 2 of 7 February 13, 2001 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the January 23, 2001 Regular Council Meeting and the minutes of the February 6, 2001Goals and Objectives Workshop. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING STATEWIDE MUTUAL AID AGREEMENT, PROVIDING FOR MUTUAL AID IN DISASTERS; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS FROM FIRMS INTERESTED IN PROVIDING DESIGN AND CONSTRUCTION SERVICES RELATING TO STREET SIGNS AND RELATED WAY FINDING SIGNAGE; PROVIDING FOR AN EFFECTIVE DATE. 8. ITEM REMOVED FROM CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE 2001 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. Councilmember Oldakowski made an amending motion to add a Grant line item under Top Priority (0-12 Months) as letter Q. The motion was seconded by Councilmember Fein 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. It was the consensus of Council to direct the Manager to prepare a comparative table of the Goals and Objectives, specifically what was completed in the year 2000 and what was transferred to 2001. 9. 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 CREATING CHAPTER 8 "ENVIRONMENT" CONSISTING OF ARTICLE III "WATER SHORTAGE REGULATIONS," SECTION 8-101 TO 8-108; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING 3 of 7 February 13, 2001 DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on first 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 Manager addressed the Council regarding this ordinance. The Ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Clerk announced the second reading for March 6, 2001. 9. RESOLUTIONS: 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 take the resolution from the table. The motion was seconded by Vice Mayor Fried. There was extensive discussion from Council regarding this resolution. The Attorney addressed the Council regarding this resolution. Councilmember Oldakowski withdrew the resolution. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING THE DATE FOR A PUBLIC HEARING REGARDING CONSTRUCTION OF SIDEWALKS ALONG HAMPTON LANE, WEST MCINTYRE STREET, AND WOODCREST ROAD; PROVIDING FOR AN EFFECTIVE DATE. 4 of 7 February 13, 2001 Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The Attorney and the Manager addressed the Council regarding this resolution. Councilmember Fein excused himself from the meeting at 8:40 p.m. The resolution was 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. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Peters addressed the Council regarding the Relay for Life Event requesting a strong participation from the Village of Key Biscayne, particularly the Fire and Police Departments. Councilmember Peters addressed the Council reporting on his findings regarding the noise at the Post Office. It was the consensus of Council that the Manager keep working together with Councilmember Peters in finding a solution to this problem. Mayor Rasco addressed the Council regarding bus shelters, specifically at the entrance to the Village on Crandon Boulevard. It was the consensus of Council to direct the Manager to look into this issue and report back to Council. Michele Padovan, 425 Grapetree Drive, addressed the Council regarding the bus shelters. Councilmember Oldakowski addressed the Council regarding a pooper scooper law for the Village of Key Biscayne. Michele Padovan, 425 Grapetree Drive, addressed the Council regarding the pooper scooper issue. It was the consensus of Council that the Clerk contact the following municipalities: Aventura, South Miami and Miami Beach and get their ordinances regarding this issue for placement on a future agenda, under the Village Attorney. Councilmembers Oldakowski and Broucek addressed the Council regarding debt cap limitations on capital spending projects. The Manager addressed the Council regarding this issue. 5 of 7 February 13, 2001 There was extensive discussion from Council regarding the debt capt limitations issue. Councilmember Broucek addressed the Council regarding a clarification as to non -asbestos pipe on the sewer portion of the west side. Robert Cuevas, 380 Woodcrest Road and Linda Davitian, 720 Myrtlewood Lane addressed the Council regarding this issue. There was extensive discussion from Council regarding this issue. Councilmember Bass addressed the Council regarding lyric contents of songs performed at the Village Green. Village Attorney. At Councilmember Peters request the Attorney addressed the Council regarding the Adelphia Cable Contract. The Attorney informed the Council that a representative from his office will attend the Council Meeting of March 6, 2001 in order to address this issue. Village Clerk. The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor during the month of January 2001: recognizing January 28, 2001 as Jose Marti Day. Village Manager. The Manager submitted to the Council a report regarding the beach renourishment informing the Council that the project will start between the dates of February 23 and March 15, 2001. The Manager addressed the Council regarding pedestrian safety reporting that the County has come to the Village and applied for the permit to start work on Crandon Boulevard. The Manager addressed the Council reporting on the status of the Civic Center. It was the consensus of Council to direct the Manager to look into under building and underground parking costs for the Community Center and the Administration/Police Department. 11. OTHER BUSINESS/GENERAL DISCUSSION: Mayor Rasco requested that for the Regular Council Meeting of March 6, 2001, the Manager provide the Council with a report regarding police protection within the Village. Councilmember Broucek also requested, for the meeting of March 6, 2001, an explanation from the Police Department regarding juvenile offenders being transported to the Juvenile Assessment Center in the City of Miami. 6 of 7 February 13, 2001 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 10:25 p.m. R • pe tfully submitted: (‘/ Conchita H. Alvarez, CMC Village Clerk Approved this 27th day of February , 20 Joe L 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. 7 of 7