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.
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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).
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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