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HomeMy Public PortalAbout03-06-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 6, 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: Revered Bob Libby gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mr. Richard Pinsky, Pinsky Mitchell Partners, the Village's Inter -Governmental representative, addressed the Council regarding the process to begin negotiations, at the State level, with regards to playing fields and find a solution to this matter. 5. PUBLIC COMMENTS: The following residents addressed the Council: Gerald Broucek, 170 Ocean Lane Drive; Isabel Gambino, 676 Ridgewood Road; Ed Easton, 18 Harbor Point and Wendy Johansen, 212 West Mashta Drive. 6. AGENDA: Councilmember Bass requested to remove Item 10A2 from the Agenda; Mayor Rasco requested to move Item 9C before Item 9A; Councilmember Broucek requested to remove Item 7E from the consent agenda; the Manager requested to remove Item 7F from the Agenda; and the Clerk requested to substitute Item 9B by the one before the Council 1 of 8 March 6, 2001 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent. The Minutes of the February 27, 2001 Special Council Meeting and Sanitary Sewer Public Hearing. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE TWO VEHICLES FOR THE FIRE RESCUE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; FOR THE ACQUISITION OF HAND HELD PORTABLE DIGITAL RADIOS; AUTHORIZATION FOR THE AWARD OF CONTRACT TO MOTOROLA, INC.; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO APPLY FOR THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM (F.I.ND.) FOR THE FUNDING OF THE PINES CANAL PROJECT; 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; AUTHORIZING A DONATION TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION SURVIVING FAMILIES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried 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. 9. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 21, "PUBLIC RIGHTS -OF -WAY", OF THE VILLAGE CODE OF ORDINANCES, BY CREATING ARTICLE III, "COMMUNICATIONS RIGHTS -OF - WAY"; ESTABLISHING REGULATIONS FOR THE USE OF PUBLIC RIGHTS -OF -WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR 2 of 8 March 6, 2001 REGISTRATION AND PERMIT PROCEDURES; PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS - OF -WAY; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Vice Mayor Fried. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass was out of the chamber at the time the vote was taken. The Clerk announced the second reading for April 10, 2001. 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 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 DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek. 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 5-0 roll call vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Broucek were out of the chamber at the time the vote was taken. 3 of 8 March 6, 2001 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ADVERTISE FOR A FULL TIME COORDINATOR OF SENIOR SERVICES, PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Manager addressed the Council regarding this resolution. The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Broucek were out of the chamber at the time was the vote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO A PARKING GARAGE AT THE VILLAGE CIVIC CENTER AND DEPENDING ON THE LOCATION AN AMENDMENT TO THE CIVIC CENTER MASTER PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. Jud Kurlancheek, Director of Building, Zoning and Planning, addressed the Council regarding this resolution. Michael F. Lanciault with James A. Cummings, Inc., Mr. Robert Currie with Robert Currie Partnership and Nina Gladstone, architect for the Administration/Police Station with Spillis, Candela & Partners addressed the Council regarding the parking issue. There was extensive discussion from Council regarding this resolution. The Manager addressed the Council regarding this resolution. The following residents addressed the Council: Ed Meyer, 100 Sunrise Drive; Pat Weinman, 940 Mariner Drive and John Ullman, 544 Fernwood Drive. Councilmember Fein made an amending motion to amend the Village Civic Center Master Plan by including an underground parking garage underneath the Community Center. The motion was seconded by Councilmember Peters and approved by a 6-1 roll call vote. The vote was as follows: 4of8 March 6, 2001 Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Vice Mayor Fried voting Yes. Mayor Rasco voting No. The resolution as amended was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Vice Mayor Fried voting Yes. 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, FINDING A CONTINUED NEED FOR THE ESTABLISHMENT OF ACTIVE RECREATIONAL PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER TO CONTINUE DISCUSSIONS WITH THE STATE OF FLORIDA WITH REGARD TO THE USAGE OF A PORTION OF BILL BAGGS CAPE FLORIDA RECREATION AREA AND WITH MIAMI-DADE COUNTY CONCERNING CRANDON PARK TO MEET THE NEEDS OF THE RESIDENTS OF THE COMMUNITY. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The following residents addressed the Council: Blanca Mesa, 544 Fernwood Road; Camille Guething, 260 Seaview Drive; Luis de la Cruz, 640 Allendale Road; Ana Brennan, 465 Harbor Drive; Jorge Mendia, 111 Island Drive; Dr. Steven A. Simon, President, Key Biscayne Athletic Club and Special Village Council Appointee for Playing Fields, 335 Harbor Lane; Alfredo Zayas, 555 Crandon Boulevard; Bill Thompson, 300 Ridgewood Road; Tony Rabassa, 300 Cypress Drive and Shirley Feldman, 1121 Crandon Boulevard. There was extensive discussion from Council regarding this resolution. Councilmember Bass made an amending motion to strike from the title of the resolution the following: "with the State of Florida with regard to the usage of a portion of Bill Baggs Cape Florida Recreation area and". The motion died for lack of a second. 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. Mr. Pinsky addressed the Council regarding this resolution. 5of8 March 6, 2001 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: At this time Mayor Rasco requested to hear Item 10D4. There was no objection to the request. The Manager addressed the Council regarding the negotiations for the acquisition of the property at 530 Crandon Boulevard. The Manager stated that the owner of the property turned down the offer made by the Village. There was extensive discussion from Council regarding this issue. The Attorney addressed the Council regarding the eminent domain process. It was the consensus of Council to direct the Attorney to draft a resolution for the next Regular Council Meeting regarding the eminent domain option, with the clear understanding that it is being done just in case the Council decides to go forward with this option. It was the consensus of Council to appoint Councilmember Bass as part of the negotiation team for the acquisition of the property at 530 Crandon Boulevard. At this time Item 10B2 was heard. There was no objection to the request. The Attorney addressed the Council regarding the cable television services, introducing Mr. Gary Resnick, attorney with Weiss Serota Helfman Pastoriza & Guedes, specializing in cable television matters. Attorney Resnick, addressed the Council regarding cable television services stating that Miami -Dade County, under the Florida Constitution, is a charter county. This means that all cable companies operating in incorporated or unincorporated areas of Miami -Dade County are subject to the County's ordinance. Manny Cambo, 621 Harbor Drive and Robert Baldwin, 290 Sunrise Drive addressed the Council regarding cable television services. Councilmember Bass made a motion to extend the meeting until 11:15 p.m. The motion was seconded by Councilmember Broucek and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Fein and Oldakowski voting No. Attorney Weiss also addressed the Council regarding the cable television services. 6of8 March 6, 2001 It was the consensus of Council to direct the Attorney to bring back recommendations regarding this issue. Mayor and Councilmembers. Councilmember Bass announced that a cable TV workshop will be held on Wednesday, March 7, 2001, 7:00 P.M., in the Council Chamber. Councilmember Bass addressed the Council regarding a local program for juvenile offenders. Chief of Police, Michael J. Flaherty addressed the Council regarding this issue. It was the consensus of Council to bring this item back at the next meeting with a proposal with the feasibility to start this program. Councilmember Peters volunteered to be part of the Committee that will address the juvenile issue on Key Biscayne. Vice Mayor Fried made a motion to revisit the sanitary sewer project. The motion was seconded by Councilmember Broucek. Vice Mayor Fried withdrew his motion. The Attorney addressed the Council regarding the process to revisit this issue. Councilmember Fein made a motion to extend the meeting to 11:20 p.m. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Oldakowski voting No. Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month of March 2001: proclaiming the month of March as American Red Cross Month, proclaiming the week of May 15-21, 2001 as Save A Life Week and proclaiming March 18, 2001 as Ann Goodwin Day. Village Manager. The Manager addressed the Council regarding the proposed date for the Volunteer Day as Wednesday, April 18, 2001 at 6:00 p.m. The Manager submitted to Council a status report on the Civic Center. The Manager addressed the Council reporting that the beach renourishment project will start on March 16, 2001. 12. OTHER BUSINESS/GENERAL DISCUSSION: The Clerk announced that the Zoning Meeting of March 20, 2001 was cancelled and that the next Council Meeting will be on April 10, 2001. 7of8 March 6, 2001 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. ctfully subm Conchita H. Alvarez, CMC Village Clerk Approved this 10th day of April , 2001: Joe I. Rasco Mayor r / 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. 8of8