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HomeMy Public PortalAbout10-09-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 9, 2001 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, FLORIDA 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, Alan H. Fein, Robert Oldakowski, James L. Peters, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Councilmember Martha F. Broucek was absent. Also present were Acting Village Manager, Chief of Police Michael J. Flaherty, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Jay Weiss and Gary Resnick. 2. INVOCATION: Reverend Bud Schroeder, Key Biscayne Community Church gave an invocation. At this time Mayor Rasco addressed the residents of the Village requesting prayers for Mrs. Eleanor Kissinger, wife of our Village Manager, who is in the hospital. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mayor Rasco, on behalf of the Village Council, presented a Proclamation to Chief of Fire Rescue John C. Gilbert and the members of the Key Biscayne Fire Rescue Department Florida Task Force 2, recognizing these outstanding men and women for their courage in assisting with the rescue efforts in New York City after the terrorist attacks of September 11, 2001. 1 of 9 October 9, 2001 Lt. Jeff Liversedge addressed the Council thanking the Mayor and the Members of the Village Council and the residents for the Proclamation and the reception on the Village Green. Mr. Jim Brewster, 330 Palmwood Lane, Director of the Lighthouse Run, gave a brief presentation regarding the upcoming event on Saturday, November 10, 2001. 5. PUBLIC COMMENTS: There were no speakers present. 6. AGENDA: Mayor Rasco requested to move Item 11B1 under the Village Attorney to the Consent Agenda and Councilmember Oldakowski requested to add a report on the beach renourishment project as Item 11D4. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the September 19, 2001 Zoning Meeting and the minutes of the September 19, 2001 Second Budget 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 UNUM LIFE INSURANCE COMPANIES, FOR INSURANCE SERVICES RELATED TO LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT AND LONG TERM DISABILITY INSURANCE FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CONTRACT WITH THE MIAMI HERALD PUBLISHING COMPANY FOR LEGAL ADVERTISING; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE SUBLEASE AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING AN EFFECTIVE DATE. Motion to approve the proposed settlement in the Wakefield et al V. Amoco et al (Environmental litigation concerning Amoco Gas Station). 2of9 October 9, 2001 8. 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 OF ORDINANCES BY AMENDING ARTICLE III "UTILITY TAX" OF CHAPTER 25 "TAXATION", AT SECTIONS 25-50, 25-51, 25-54 AND 25-55 SO AS TO CONFORM TO CHAPTER 2001-140, LAWS OF FLORIDA; RATIFYING RESOLUTION NO. 2001-41 WHICH ADOPTED A COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; AND PROVIDING AN EFFECTIVE DATE. Attorney Gary Resnick addressed the Council regarding this ordinance. Vice Mayor Fried 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 ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 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 AMENDING CHAPTER 23 "RETIREMENT" BY AMENDING SECTION 23-36 "BENEFIT AMOUNTS AND ELIGIBILITY" BY AMENDING PARAGRAPH (B) "NORMAL RETIREMENT BENEFIT," TO INCREASE THE MONTHLY RETIREMENT BENEFIT TO THREE PERCENT OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OF CREDITED SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. Randy White, Moyer and Associates, Finance Director addressed the Council regarding this ordinance. 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. 3of9 October 9, 2001 The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 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 6 "BUILDINGS AND BUILDING REGULATIONS" BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS" BY AMENDING PARAGRAPH (A) "DEFINITIONS," TO CREATE DEFINITION FOR "CONVENIENCE EQUIPMENT," AND BY CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RECEPTACLES AND CONVENIENCE EQUIPMENT," PROVIDING REQUIREMENTS THAT ON -SITE RECEPTACLES USED FOR THE DEPOSIT OF CONSTRUCTION DEBRIS, AND CONVENIENCE EQUIPMENT USED AT CONSTRUCTION OR DEMOLITION SITES, BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OF SUCH ON -SITE RECEPTACLES OR CONVENIENCE EQUIPMENT, AND THAT THE EXTERIOR IS PROPERLY MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. Councilmember Fein made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Oldakowski. Attorney Weiss and Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance. 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, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 9. PUBLIC HEARING REGARDING ADELPHIA CABLE: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A CABLE TELEVISION LICENSE AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND KEY BISCAYNE CABLEVISION DB/A ADELPHIA CABLE COMMUNICATIONS; PROVIDING CONDITIONS FOR USE OF THE VILLAGE'S RIGHTS -OF -WAY TO CONSTRUCT, MAINTAIN AND OPERATE A CABLE SYSTEM TO PROVIDE CABLE TELEVISION SERVICES; PROVIDING FOR ACCESS CHANNELS 4of9 October 9, 2001 AND SUPPORT; PROVIDING FOR COMPENSATION; PROVIDING FOR CONSENT TO TRANSFER; PROVIDING FOR REMEDIES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to adopt the resolution. The motion was seconded by Councilmember Oldakowski. Attorney Resnick addressed the Council regarding this hearing. Mr. Chuck Lane, Director of Governmental Community Affairs for the State of Florida, Adelphia Cable addressed the Council regarding this resolution. The Mayor opened the public hearing. Manny Cambo, 621 Harbor Drive; Robert Baldwin, 290 Sunrise Drive and Conchita Sarnoff, 600 Grapetree Drive addressed the Council. The Mayor closed the public hearing. Attorney Weiss addressed the Council regarding this resolution. The resolution was adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 10. 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 ENTER INTO THE ATTACHED AGREEMENT WITH CORZO, CASTELLA, CARBALLO, THOMPSON, AND SALMAN FOR PLANNING SERVICES ASSOCIATED WITH THE PREPARATION OF A CRANDON BOULEVARD MASTER PLAN; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN INTER -LOCAL AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO THE CRANDON BOULEVARD STREETSCAPE MASTER PLAN; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. Director Kurlancheek addressed the Council regarding this resolution. The resolution 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. 5of9 October 9, 2001 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Pursuant to Ordinance 92-14, Section 3 Mayor Rasco made a motion to reappoint Rosemary Sala, Dennis O'Hara and to appoint Jennifer Leal as Special Masters. 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. Jennifer D. Leal, 330 Fernwood Road addressed the Council regarding her appointment as Special Master. Councilmember Fein addressed the Council and the public regarding the formation of the Fire and Police Departments at the time of Incorporation. Councilmember Fein stated that the savings to the taxpayers of the Village of Key Biscayne by having our own Fire Department have been approximately $22.5 million and the savings by having our own Police Department have been approximately $17.5. Councilmember Bass excused himself from the meeting at 8:16 p.m. Mayor Rasco addressed the Council and the public regarding the immediate need for bus shelters on Crandon Boulevard. Director Kurlancheek addressed the Council regarding the shelters. It was the consensus of Council to direct staff to look into the less expensive bus shelters and report back to Council. Mayor Rasco reported on his discussion with the Miami -Dade County School Board, Region IV regarding playing fields at the Community School. It was the consensus of Council to direct the Attorney to draft a resolution regarding playing fields at Crandon Park. Councilmember Oldakowski addressed the Council regarding the process to begin the search for a new Village Manager. • Mayor Rasco proposed to hire a search firm to do the research for the new Village Manager and bring the finalists before Council. • Vice Mayor Fried proposed to create a search committee of local residents to do the job. 6of9 October 9, 2001 Councilmember Oldakowski suggested to use the services of Moyer and Associates through Mr. James Ward, who has offered his services. It was the consensus of Council to invite Mr. James Ward, Moyer & Associates and two other search firms to the October 23, 2001 Council Meeting. Mayor Rasco made a motion to re -appoint Ms. Sandra Winters and Mr. Barclay Cale to the Police Officers and Firefighters' Pension Plan Board of Trustees. The motion was seconded by Councilmember Fein and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Mr. Barclay Cale, 225 Harbor Drive, addressed the Council regarding the Pension Plan. Councilmember Oldakowski addressed the Council regarding the appointment of the members to the Charter Revision Commission pursuant to Section 7.06. of the Charter of the Village of Key Biscayne. It was the consensus of Council to place this item on the November 13, 2001 Council Meeting agenda. Councilmember Oldakowski addressed the Council regarding reallocating space in the Police/Administration building as follows: a.) Move Chamber of Commerce from the second floor to the first floor and b.) Provide work space and meeting space for Mayor and Councilmembers on the second floor. Director Kurlancheek and Chief of Police Michael J. Flaherty addressed the Council regarding this issue. It was the consensus of Council to direct staff to bring a cost estimate, to reallocate the spaces mentioned above in the Police/Administration Building to the next Council Meeting. Vice Mayor Fried made a motion directing the Manager to cease all efforts regarding the continuation of the Pines Canal Project. The motion was seconded by Councilmember Peters and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Ai Councilmember Oldakowski addressed the Council regarding recommendations and plans for implementing security and access for the Village Beach Park. Director Kurlancheek and Chief Flaherty addressed the Council regarding this issue, recommending computer generated ID magnetic strip cards. 7 of 9 October 9, 2001 The Attorney addressed the Council recommending that any discussion regarding the lawsuit from the Gardens of Key Biscayne be limited to an Executive Session. Councilmember Oldakowski made a motion to direct the Attorney to draft an amendment to the existing debt cap ordinance that would limit short term borrowing to a maximum rollover period of 24 months. The motion was seconded by Councilmember Fein and approved by a 4-1 voice vote. The vote was as follows: Councilmembers Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. Mayor Rasco introduced the following residents who addressed the Council regarding community television: Manny Cambo, 621 Harbor Drive; Joe Kiene, 151 Crandon Boulevard and Robert Baldwin, 290 Sunrise Drive addressed the Council. Village Attorney. The Attorney's item regarding the proposed settlement in the Wakefield et al v. Amoco et al case was heard as Item 7F in the Consent Agenda. Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the months of September and October: proclaiming September 18, 2001 as "International Day of Peace"; proclaiming the week of October 21-27, 2001 as "World Population Awareness Week"; proclaiming October 18, 2001 as "University of Miami Day"; proclaiming the month of November as "National Epilepsy Awareness Month". Village Manager. Mayor Rasco addressed the Council regarding a request for up -lighting for East Drive and East Heather Drive. Chief Flaherty addressed the Council regarding the need for street lights on these streets. Elizabeth Page Sonnabend, 300 Atlantic Road and Karen Futernick, 325 Pacific Road addressed the Council regarding the lighting issue. Councilmember Bass rejoined the meeting at 9:35 p.m. It was the consensus of Council to direct staff to prepare a cost estimate to provide up -light to the above mentioned streets. Chief of Fire Rescue, John C. Gilbert addressed the Council regarding the FEMA grant received by the Village of Key Biscayne Fire Department for fire prevention programs in the amount of $108,887.00, including a 10% match from the Village of Key Biscayne. 8of9 October 9, 2001 Councilmember Oldakowski requested that Mr. James DeCocq, Beach Renourishment Consultant prepare a report and make it available to Council within this week. 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. 14. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. R pe tfully submed: onchita H. Alvarez, CMC Village Clerk iov Approved this 23rd day of October , 2001: Joe I. Rasco Mayor IFA 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