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HomeMy Public PortalAbout04-10-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 10, 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 7:11 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Robert Oldakowski, James L. Peters, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Councilmember Alan H. Fein was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney David M. Wolpin. At this time Mayor Rasco introduced Kelsey Irl, Mayor for a day, as part of a Key Biscayne Community School program. 2. INVOCATION: Rabbi Melvin Glazer, Congregation Beth David gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Irl led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mayor Pro Tem Irl, on behalf of the Mayor and Members of the Village Council presented a proclamation to the Village of Key Biscayne Fire Department proclaiming the week of April 1 - 7, 2001 as "Key Biscayne Firefighter Appreciation Week". Firefighter/Paramedic Manny Devesa, Firefighter of the Year and Chairman of the MDA Committee received the Proclamation on behalf of the Fire Department. Mayor Pro Tem Irl, also addressed the Council and the public regarding the "Relay for Life Event". 5. PUBLIC COMMENTS: The following residents addressed the Council: Isabel Gambino, 676 Ridgewood Road; Vera Skuhersky, 205 West Enid Drive; Conchita Suarez, 201 Crandon Boulevard; Linda Davitian, 720 Myrtlewood Lane and Susan Krupnick, Key Biscayne. 1 of 6 April 10, 2001 6. AGENDA: Councilmember Peters requested to hear Item 10A8 before Item 9B and the addition of a discussion regarding stop signs at the traffic circles as Item 10A11 and Councilmember Bass requested the addition of a discussion regarding a Department of Environmental Protection Meeting in Tallahassee. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent. The minutes of the March 6, 2001 Regular Council Meeting and the minutes of the April 3, 2001 Special Council Meeting. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED LICENSE AGREEMENT ON BEHALF OF THE VILLAGE (LICENSEE), WITH BELLSOUTH TELECOMMUNICATIONS, INC. (LICENSOR), A GEORGIA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: There no ordinances on first reading considered by Council. The Clerk read the following ordinance, on second 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 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 Broucek made a motion to adopt the ordinance on second 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 second reading by a 5-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters was out of the Chamber at the time the vote was taken. 2of6 April 10, 2001 9. RESOLUTIONS: 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 RETAIN A LIGHTING CONSULTANT TO PREPARE PLANS AND SPECIFICATIONS FOR ILLUMINATING THE ATHLETIC FIELD PORTION OF THE VILLAGE GREEN AND PROCEED TO PUBLIC BIDDING FOR THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Mayor Rasco. Todd Hofferberth, Director of Recreation and Dr. Steve Simon, President of the Key Biscayne Athletic Club addressed the Council regarding this resolution. The following residents addressed the Council: Vera Skuhersky, 205 West Enid Drive; Gregory Han, 685 Curtiswood Drive; Conchita Suarez, 201 Crandon Boulevard; Karen Futernick, 325 Pacific Road and Jonathan Ullman, 544 Fernwood Road. There was extensive discussion from Council regarding this resolution. Mayor Rasco withdrew the resolution. It was the consensus of Council to direct staff to look into this issue and report back to Council. At this time the Mayor and Members of the Village Council thanked Ms. Kelsey Irl for being Mayor for a day. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; FINDING THAT THE ACQUISITION OF A PARCEL OF PRIVATE PROPERTY SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR CONSTRUCTION OF THE VILLAGE CIVIC CENTER; AUTHORIZING THE VILLAGE ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS; AUTHORIZING THE VILLAGE ATTORNEY TO RETAIN EXPERT WITNESSES AND CONSULTANTS AND TAKE FURTHER ACTIONS THAT ARE REASONABLY REQUIRED TO ACQUIRE THE PARCEL IDENTIFIED AS PARCEL 1; AND, PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried. Vice Mayor Fried made a motion to table this resolution to the May 8, 2001 Council Meeting. The motion was seconded by Councilmember Bass and approved by a 5-0 voice vote. The vote was as 3 of 6 April 10, 2001 follows: Councilmembers Bass, Broucek, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Oldakowski was out of the Chamber at the time the vote was taken. At this time Item 10A8 was heard. Councilmember Peters addressed the Council regarding the Government Center building locations. There was extensive discussion from Council regarding the proposed re -location of the different buildings comprising the Village's Civic Center. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CIVIC CENTER MASTER PLAN; AMENDING THE AGREEMENT WITH ROBERT G. CURRIE PARTNERSHIP INC., TO PROVIDE FOR AN ADDITIONAL FEE RELATING TO THE DESIGN OF A SWIMMING POOL; APPROVING THE ATTACHED MASTER PLAN TO SERVE AS THE PROPOSED PLAN TO GUIDE THE DEVELOPMENT OF THE VILLAGE CIVIC CENTER PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding the proposed amendment. The following residents addressed the Council: Dr. Victoria Simons, 269 Cranwood Road; Michael King, 745 Fernwood Road; Linda Davitian, 720 Myrtlewood Lane; Karen Futernick, 325 Pacific Road; Carol Diaz Castro, 240 Hampton Lane; Susan Krupnick, Key Biscayne; Camille Guething, 260 Seaview Drive; Dr. Raphael Perez, 524 Fernwood Road; Conchita Suarez, 201 Crandon Boulevard; Jonathan Ullman, 544 Fernwood Road; Gregory Han, 685 Curtiswood Drive and Blanca Mesa, 544 Fernwood Road. Robert Currie with Robert G. Currie Partnership Inc., addressed the Council regarding the proposed amended Civic Center Master Plan. There was extensive discussion from Council regarding this resolution. The resolution was approved by a 4-2 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. 4of6 April 10, 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 PROCEED WITH SITE PREPARATION WORK AT THE FIRE STATION AND ADMINISTRATION/POLICE BUILDINGS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried. At this time Councilmember Broucek made a motion to extend the meeting to 11:15 p.m. The motion was seconded by Vice Mayor Fried and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Broucek, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Oldakowski voting No. The following residents addressed the Council: Isabel Gambino, 576 Ridgewood Road and Blanca Mesa, 544 Fernwood Road. Director Kurlancheek addressed the Council regarding this resolution. The resolution was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. At this time the Manager gave an update report on the beach renourishment project stating that the sand will be pumped starting the week of April 22, 2001. The Manager also addressed the raccoon issue stating that the contract is in place, however, no complaints had been received. The Mayor reported he had received some phone call regarding this issue, therefore, the Manager was directed to contact Pesky Critters to take care of the problem. The Manager reported that the Village Green Gazebo/Bandstand will be completed by May 25, 2001. Mayor and Councilmembers. Councilmember Peters addressed the Council regarding the replacement of the yield signs by stop signs on the traffic circles. Chief Flaherty addressed the Council regarding this issue, stating that Miami -Dade County refuses to make this change. Mayor Rasco addressed the Council regarding the twelve month evaluation of the Village Clerk. 5of6 April 10, 2001 Councilmember Bass made a motion to increase the Clerk's salary to $60,500 effective April 1, 2001. The motion was seconded by Councilmember Oldakowski 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 Bass addressed the Council and the public regarding the Calusa Park Tennis Courts Rules and Regulations. These rules have been posted now at Calusa Park. Councilmember Bass also addressed the Council regarding a meeting in Tallahassee of the Department of Environmental Protection, proposing that Mr. Richard Pinsky, Pinsky Mitchell Partners, the Village's Inter -Governmental representative attend this meeting. Village Attorney. The Attorney did not submit a report. 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 April 2001: proclaiming the week of April 15 - 22, 2001 as Days of Remembrance; proclaiming the month of April 2001 as Fair Housing Month and proclaiming the week of May 20-26, 2001 as Emergency Medical Services Week. 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 11:15 p.m. nc ita H. Alvarez, CMC Village Clerk A roved this 24th dad of April , 2001: Joe 1. 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. 6of6