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HomeMy Public PortalAbout06-12-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 12, 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 7:06 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Robert Oldakowski, James L. Peters, 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 David M. Wolpin. 2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. PUBLIC COMMENTS: The following residents addressed the Council: Camille Guething, 260 Seaview Drive; James Clayton, 735 Myrtlewood Road; Isabel Gambino, 676 Ridgewood Road; Mabel Miller, 210 Seaview Drive and Karen Futerneck, 325 Pacific Road. e . 5. SPECIAL PRESENTATIONS: This item will be heard together with Item 9C. 6. AGENDA: Councilmember Peters requested to remove Item 7B from the Consent Agenda and the addition of a special presentation by Carol Diaz -Castro and Kathleen King as Item 4B; Mayor Rasco requested to hear Items 4A, 4B, 10A6, 10A7, 10A8 together with Item 9C; Councilmember Bass requested to remove Item 7D from the Consent Agenda; Councilmember Fein 1 of 8 June 12, 2001 requested the addition of a brief report regarding playing fields to be heard together with Item 9C and the Clerk requested the addition of a resolution regarding Communications Tax as Item 7F under Consent Agenda. There was no objection to the agenda changes. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The Minutes of the May 8, 2001 Regular Council Meeting and Sanitary Sewer Improvement Project Public Hearing. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH ROBERT D. STEWART, M.A., ARCHAEOLOGIST, TO PROVIDE PHASE I ARCHAEOLOGICAL TESTING AND MONITORING OF THE KEY BISCAYNE CIVIC CENTER PROPERTY, PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE APPLICATION FOR FUNDS UNDER CHAPTER 161 (BEACH), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA RELATING TO THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES, PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. ITEMS REMOVED FROM THE CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. Dr. Steve Simon, President, Key Biscayne Athletic Club addressed the Council regarding this resolution. 2 of 8 June 12, 2001 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. 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 THE BUGDAL GROUP, INC., FOR PURPOSES OF DESIGNING AND MANUFACTURING STREET SIGNS AND RELATED VILLAGE SIGNS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Manager addressed the Council regarding this resolution. Councilmember Broucek withdrew her motion. 8. ORDINANCES: There were no ordinances considered by Council. 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 NEGOTIATE A LONG TERM LEASE WITH THE OWNERS OF THE PROPERTY AT 200 CRANDON BOULEVARD, KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Dr. Victoria Simons, 269 Cranwood Road; Kathleen King, 745 Fernwood Road and Carol Diaz -Castro, 240 Hampton Lane presented to the Council a proposed plan to build playing fields at the site where the Fire Station and the Administration/Police Building are currently being built and to re -locate these government buildings to other sites. Jud Kurlancheek, Director of Building, Zoning and Planning; Raul Lastra, O.B.M. Miami, Inc. and Rick Derrer, James A. Cummings, Inc. addressed the Council regarding these issues. Dr. Steve Simon, President, Key Biscayne Athletic Club addressed the Council regarding playing fields. Dr. Simon reported that the overall current and projected needs of the Key Biscayne Athletic Club are approximately six (6) full size soccer fields and five (5) baseball diamonds which translates into approximately 40 to 50 acres. 3 of 8 June 12, 2001 The Manager addressed the Council regarding the proposed plan to move the present location of the government buildings and build playing fields in their place. The Manager indicated that the approximate cost to relocate these buildings will be approximately between 6 and 10 million dollars and therefore, cause a tax increase. There was extensive discussion from Council regarding this issue. Councilmember Fein indicated that he had contacted Mr. Victor Alonso, Miami -Dade Public Schools, for the possibility to use the school field as a temporary solution for playing fields. Councilmember Peters made a motion to instruct the Manager to stop the Civic Center Project and look at other options. The motion was seconded by Councilmember Broucek and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Bass and Peters voting Yes. Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting No. Mayor Rasco made an amending motion to include short term lease in the negotiations. 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. Councilmember Broucek was out of the Chamber at the time the vote was taken. The resolution, as amended, 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. Councilmember Broucek was out of the Chamber 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 HALL, GREEN, RUPLI L.L.C., FOR CONSULTING SERVICES RELATED TO LEGISLATIVE AND REGULATORY ISSUES AFFECTING THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the resolution. The motion was seconded by Councilmember Fein. 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. 4of8 June 12, 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 AN AGREEMENT WITH THE KEY BISCAYNE PRESBYTERIAN CHURCH AT 160 HARBOR DRIVE TO LEASE LAND FOR TEMPORARY VILLAGE OFFICES AND PARKING; AUTHORIZING THE VILLAGE MANAGER TO LEASE TEMPORARY TRAILERS AND OBTAIN THE NECESSARY SERVICES AND WORK TO ESTABLISH SAID TRAILERS AT 160 HARBOR DRIVE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to adopt the resolution. The motion was seconded by Councilmember Bass. Director Kurlancheek and 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, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the Chamber at the time 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; APPROVING A SCOPE OF SERVICES FOR THE CRANDON BOULEVARD STREETSCAPE MASTER PLAN AND DIRECTING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE ENGINEERING FIRM OF CORZO, CASTELLA, CARBALLO, THOMPSON, SALMAN P.A.; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to adopt the resolution. The motion was seconded by Councilmember Oldakowski. The Manager addressed the Council regarding this resolution. The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. Councilmember Fein was out of the Chamber at the time the vote was taken. 5of8 June 12, 2001 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco requested a status report from the Manager regarding the improvement of the Village's computer systems, E -Mail capabilities and the web page. The Clerk reported that the agenda with the back-up material is now available on the Village's website. The Manager also addressed the Council reporting that a computer system proposal has been submitted and it will be presented to the Council in July or September. Councilmember Bass addressed the Council giving an update on the Citgo property purchase. Councilmember Bass reported that good progress is being made in the negotiations to purchase this property. Councilmember Bass addressed the Council giving an update on the Juvenile Diversionary Program. Councilmember Bass addressed the Council regarding the establishment of a Youth Council in the Village. Councilmember Bass addressed the Council regarding construction ancillaries in the public right of way and graffiti. It was the consensus of Council to direct the Village Attorney to address the graffiti issue in order to include it in the Village Code. Director Kurlancheek, addressed the Council regarding this issue. Councilmember Bass addressed the Council regarding a proposed catwalk for the parcel south of Calusa, to be joined with the walkway to the Tennis Center. It was the consensus of Council to direct staff to continue working on this project. Mabel Miller, 210 Seaview Drive addressed the Council regarding this issue. Councilmember Broucek addressed the Council regarding the article on the Civic Center that appeared in the Islander News on Thursday, May 24, 2001. Mayor Rasco addressed the Council regarding the Village's storm planning and procedures for 2001. The Manager and Chief of Fire Rescue, John C. Gilbert addressed the Council reporting that the Village's emergency plan is in place and prepared for any emergencies. Mayor Rasco addressed the Council regarding the status of the trail to the Tennis Center by Miami - Dade County. The Mayor reported that he is working with Commissioner Jimmy Morales to identify the funding for this project in order to go ahead with this project. 6of8 June 12, 2001 Councilmember Oldakowski made a motion to direct the Manager to explore options to provide a temporary and immediate solution to the playing field shortage that may result in Key Biscayne youth being unable to register for KBAC programs in the fall. Councilmember Peters seconded the motion and it 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. Mayor Rasco addressed the Council regarding the need for a bus shelter at the corner of Crandon Boulevard and Ocean Lane Drive. It was the consensus of Council to direct staff to place two extra benches at that bus stop, as a temporary solution. Vice Mayor Fried made a motion to extend the meeting to 11:15 p.m. 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. Village Attorney. The Attorney addressed the Council regarding the use of personal computers for Village business and the disclosure of computerized documents. The Attorney recommended that the Clerk should be copied on any e-mail or hard copy correspondence sent or received by any Councilmember concerning any matter of Village business. Staff was directed to look into providing e-mail addresses for Councilmembers. The Attorney addressed the Council regarding the status of the lawsuit Fininvest vs. Village of Key Biscayne. The Attorney advised the Council of the Florida Supreme Court decision to deny Fininvest's petition for review. Village Clerk. The Clerk presented to the Mayor and Council the following proclamations issued by the Office of the Mayor during the month of May: proclaiming the Village of Key Biscayne as a Project Impact Partner; proclaiming May 5, 2001 as Mayor John Cavalier Day; commemorating May 20, 2001 as Cuban Independence Day and the re -opening of the Freedom Tower; recognizing Lee Hunsaker, Eagle Scout; recognizing David Knapp, Eagle Scout and recognizing Ryan Wanless, Eagle Scout. Village Manager. The Manager addressed the Council regarding the beach renourishment project reporting that the project will start on Monday, June 18, 2001. The Manager pre-sented to the Council the Civic Center Press release. The Manager addressed the Council regarding the Village Green fountain, the Ocean Park, the gazebo/Bandstand on the Green, gave a progress report regarding the up -lighting project, the sanitary sewer project and the sidewalk bid award. 7of8 June 12, 2001 The Manager requested authorization to direct the Engineer to re -bid the sanitary sewer project, along with the replacement of the asbestos water lines as an alternative bid, which would be bid at a later date. It was the consensus of Council to direct the Manager to proceed with this request. The Manager also informed the Council that the interview process for the Senior Coordinator went very well and an offer was made. The Senior Coordinator should start working some time in August. 11. OTHER BUSINESS/GENERAL DISCUSSION: At this time Councilmember Broucek thanked the Clerk and the Director of Building, Zoning and Planning for the research work they did regarding the Civic Center. 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. tfully submitted: Conchita H. Alvarez, CMC Village Clerk 0/e4 Approved this Dth y of July , 2001: Joe I. Rasco Mayor AzomPV 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, WHICJ?RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 8of8