HomeMy Public PortalAbout11-13-01 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBER 13, 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 7:07 p.m. Present were Councilmembers Scott Bass, Alan H. Fein, Robert Oldakowski,
James L. Peters, Vice Mayor Fried and Mayor Joe I. Rasco. Absent was Councilmember Martha F.
Broucek. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H.
Alvarez and Village Attorney David M. Wolpin.
2. INVOCATION: Rabbi Melvin Glazer, Congregation Beth David gave an invocation.
3. PLEDGE OF ALLEGIANCE: Rabbi Glazer led the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS: The Mayor on behalf of the Village Council presented a
Proclamation to the following Members of the 10th Anniversary Steering Committee: Marilyn
Borroto, Event Chair, Ellen Blasi, Wilfredo Borroto, Carlos M. de la Cruz, Jr., Bill Durham, Will
Earle, Pat Enochs, John Hinson, Jennifer Leal, Jack C. London II, Liz Pesch, Nancye Ray, Pauline
Rivelli, Mario Ernesto Sanchez, Edward Stone, Mayra Stone, Kathye Susnjer and Anne Owens -
Wright.
5. PUBLIC COMMENTS: The following residents addressed the Council: Sam Davitian, 720
Myrtlewood Lane; John Festa, 695 Harbor Lane and Blanca Mesa, 544 Fernwood Road.
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6. AGENDA: The Clerk requested the addition of a resolution supporting the incorporation of
the Palmetto Bay and Redland Areas as Item 9F and to substitute the resolution regarding the
Crandon Park playing fields (Item 7H) by the one before the Councilmembers. There was no
objection to the agenda changes.
7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent:
The minutes of the October 23, 2001 Zoning Meeting, the minutes of the October 24, 2001
continuation meeting of October 23, 2001, and the minutes of the October 24, 2001 Recreation
Center Workshop.
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO WAIVE THE COMPETITIVE BIDDING PROCEDURES
IN ACCORDANCE WITH KEY BISCAYNE PURCHASE CODE SEC.2-85 ALLOWING
THE VILLAGE MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH
CHRISTMAS DESIGNERS, INC.; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; EXPRESSING APPRECIATION TO THE WILDER FOUNDATION FOR THE
DONATION OF A DECORATIVE FOUNTAIN FOR THE VILLAGE GREEN;
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA APPROVING THE NAMING OF AN EASEMENT FROM OCEAN DRIVE TO
THE ATLANTIC OCEAN ALONG THE SOUTH PROPERTY LINE OF THE RITZ HOTEL
AS "THE BILL CROYSDALE BEACH WALKWAY"; DESIGNATING A DATE TO BE
NAMED IN THE FUTURE AS "BILL CROYSDALE DAY" IN 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 NEGOTIATE AN
AGREEMENT WITH A LANDSCAPE ARCHITECT AND AN ENVIRONMENTAL FIRM
TO PROVIDE A STUDY RELATED TO PLAYING FIELDS AT CALUSA PARK;
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE
COUNTY, FLORIDA, TO TAKE ACTION TO PRESERVE THE EXISTING PLAYING
FIELDS AND LIGHTS IN CRANDON PARK; PROVIDING FOR AN EFFECTIVE DATE.
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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, PROVIDING FOR
THE VILLAGE TO OPT OUT OF AND EXEMPT ITSELF FROM THE REQUIREMENTS
OF SECTION 2-11.1(T) OF THE MIAMI-DADE COUNTY CODE CONCERNING CONE
OF SILENCE REQUIREMENTS RELATED TO PURCHASING TRANSACTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
The Attorney addressed the Council regarding the adoption of this ordinance.
Councilmember Oldakowski made a motion to adopt the ordinance on first reading. The motion was
seconded by Vice Mayor Fried.
There was extensive discussion from Council regarding the adoption of this ordinance.
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 announced the second reading on November 27, 2001.
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 CREATING AN ART -IN -PUBLIC -PLACES PROGRAM, CREATING
AN ART -IN -PUBLIC -PLACES BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Fein made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Oldakowski.
The Manager addressed the Council regarding the adoption of this ordinance.
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.
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The Clerk announced the second reading on November 27, 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 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.
Councilmember Oldakowski 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 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 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.
Councilmember Oldakowski made a motion to adopt the ordinance on second reading. The motion
was seconded by Councilmember Fein.
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.
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November 13, 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 AMENDING CHAPTER 25 "TAXATION" AT ARTICLE I "IN
GENERAL," BY AMENDING THE DEFINITION OF "DEBT" IN SECTION 25-1
"DEFINITIONS" OF THE DEBT LIMIT ORDINANCE, SO AS TO INCLUDE CERTAIN
ROLL-OVERS, RENEWALS OR EXTENSIONS OF FINANCIAL OBLIGATIONS OF THE
VILLAGE, WHICH INITIALLY REQUIRE REPAYMENT WITHIN ONE YEAR, AS
CONSTITUTING DEBT WHICH IS SUBJECT TO THE RESTRICTIONS OF THE DEBT
LIMIT ORDINANCE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
Councilmember Oldakowski made a motion to adopt the ordinance on second reading. The motion
was seconded by Vice Mayor Fried.
The Mayor opened the public hearing. John Festa, 695 Harbor Lane; Camille Guething, 260
Seaview Drive and Linda Davitian, 720 Myrtlewood Lane addressed the Council. The
Mayor closed the public hearing.
There was extensive discussion from Council regarding this ordinance.
Councilmember Bass made a motion to litnit the roll over to seven (7) million. The motion died for
lack of a second.
The Attorney and Randy White, Director of Finance and Administrative Services addressed the
Council regarding the amendment.
Councilmember Bass made a motion to add to the end of Section 25-1 Definitions the following:
"or exceeds an aggregate of Ten (10) Million Dollars in such roll-overs, renewals or extensions,
unless arising pursuant to an emergency". The motion was seconded by Councilmember Fein and
approved by a 5-1 roll call. The vote was as follows: Councilmembers Bass, Fein, Oldakowski,
Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No.
The ordinance as amended was adopted on second reading by a 5-1 roll call vote. The vote was as
follows: Councilmembers Bass, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes.
Councilmember Peters voting No.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING THE CONSTRUCTION PLANS FOR THE
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ADMINISTRATION/POLICE BUILDING BY (1) RE -LOCATING THE CHAMBER OF
COMMERCE OFFICE SPACE FROM THE SECOND FLOOR TO THE FIRST FLOOR
NEAR THE ENTRANCE VESTIBULE AND (2) LOCATING COUNCIL OFFICES IN THE
SPACE THAT WAS ORIGINALLY DESIGNATED FOR THE CHAMBER OF
COMMERCE; APPROVING THE EXPENDITURE OF FUNDS OF $15,000 TO DESIGN
AND CONSTRUCT THE IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Oldakowski made a motion to adopt the resolution. The motion was seconded by
Vice Mayor Fried.
Jud Kurlancheek, Director of Building, Zoning and Planning, 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.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO RETAIN THE FIRM OF RACHLIN COHEN & HOLTZ,
LLP. FOR VILLAGE MANAGER RECRUITMENT SERVICES AND ACCEPTING THE
VOLUNTARY ASSISTANCE OF MOYER AND ASSOCIATES/SEVERN TRENT FOR
VILLAGE MANAGER RECRUITMENT SERVICES AND PROVIDING FOR AN
EFFECTIVE DATE.
Vice Mayor Fried made a motion to adopt the resolution. The motion was seconded by
Councilmember Oldakowski.
There was extensive discussion from Council regarding this resolution.
Mayor Rasco made an amending motion to delete Section 3 of the resolution. 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.
The Manager addressed the Council regarding this resolution.
Ed Meyer, 100 Sunrise Drive and Vicky Simons, 269 Cranwood Drive addressed the
Council.
Councilmember Bass made an amending motion to delete Rachlin Cohen & Holtz from the title of
the resolution, the fourth whereas clause and Section 1 of the resolution. The motion was seconded
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by Councilmember Oldakowski and failed by a 3-3 voice vote. The vote was as follows:
Councilmembers Oldakowski, Peters and Vice Mayor Fried voting Yes. Councilmembers Bass, Fein
and Mayor Rasco voting No.
Councilmember Fein made an amending motion to accept the Maximus proposal. The motion was
seconded by Councilmember Bass and approved by 6-0 voice vote. The vote was as follows:
Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes.
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.
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 WITH THE
MIAMI-DADE WATER AND SEWER DEPARTMENT FOR WATER AND SEWER
PROJECTS FOR REPLACEMENT OF ASBESTOS CONCRETE PIPES; 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 and pointed out some scribner's errors
in the text of the resolution.
John Festa, 695 Harbor Lane addressed the Council.
The resolution as corrected 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.
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 EXECUTE CONTRACTS
WITH ARCHITECTURAL LANDSCAPE LIGHTING AND SOUTH FLORIDA COASTAL
ELECTRIC, INC. FOR THE PURCHASE OF LUMINARIES AND LAMPS AND FOR
THEIR INSTALLATION ALONG EAST DRIVE AND EAST HEATHER DRIVE;
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Oldakowski made a motion to adopt the resolution. The motion was seconded by
Councilmember Fein.
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The Manager addressed the Council regarding this resolution.
Camille Guething, 260 Seaview Drive; Elizabeth Sonnabend, 300 Atlantic Road; Karen
Futernick, 3 25 P acific R oad a nd C arol D iaz-Castro, 2 40 H ampton L ane a ddressed t he
Council.
Director Kurlancheek addressed the Council regarding this resolution.
There was extensive discussion from Council regarding this resolution.
The resolution was approved by a 4-2 voice vote. The vote was as follows: Councilmembers Bass,
Fein, Peters and Vice Mayor Fried voting Yes. Councilmember Oldakowski and 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, APPROVING THE REDUCTION OF THE VILLAGE'S CONTRIBUTION TO
401(a) PLAN NUMBER 109821 TO THREE PERCENT (3%), BASED UPON THE FINAL
ADOPTION OF THE ORDINANCE AMENDING CHAPTER 23 "RETIREMENT" OF THE
VILLAGE CODE WHICH INCREASED THE MONTHLY RETIREMENT BENEFIT FOR
POLICE AND FIRE EMPLOYEES TO THREE PERCENT OF AVERAGE FINAL
COMPENSATION FOR EACH YEAR OF CREDITED SERVICE; DIRECTING THE
VILLAGE MANAGER TO TAKE APPROPRIATE STEPS TO IMPLEMENT THE
REDUCTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Fried made a motion to adopt the resolution. 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.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; SUPPORTING THE INCORPORATION OF THE PALMETTO BAY AND
REDLAND AREAS; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rasco made a motion to approve the resolution. The motion was seconded by Vice Mayor
Fried 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.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
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Mayor and Councilmembers. Pursuant to Section 7.06 of the Charter of the Village of Key Biscayne
the Council proceeded to the appointment of the Charter Revision Committee. Mayor and Council
voted on the nominees and the following residents were elected to the Charter Revision Committee:
Councilmember Martha F. Broucek, Chairman, Mr. Stuart D. Ames, Mr. Michael Kahn, Dr. Michael
Kelly and Mr. Luis Lauredo.
Mayor Rasco made a motion to appoint the above mentioned residents to the Charter Revision
Commission. 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 Fein addressed the Council regarding his request to be appointed as Council liaison
to the Chamber of Commerce. There was no objection to the request.
Councilmember Peters requested consensus of Council to direct the Village Manager to look into
other municipalities located within Miami -Dade County that utilize the same method of rezoning
public purchased land as the Village of Key Biscayne: a.) Land purchased and automatically
rezoned to designation of GU or open space: 1.) Without public hearing; 2.) Without notice to
adjacent landowners; 3.) Without review of elected Council; 4.) Land designation decision made
by building and zoning director. There was no objection to the request.
Councilmember Peters requested a report from the Village Manager on how and why the provision
of automatically r ezoning p ublic p urchased 1 and t o t he d esignation o f GU or o pen s pace w as
included in the revised zoning ordinance. The Attorney recommended not to engage in a public
debate regarding this issue, since litigation is still pending.
Councilmember Peters requested that the Manager report on a meeting held on November 1, 2001
between officials of the Village of Key Biscayne and Miami -Dade County plan review section, Mr.
Bob Owen, concerning roads and access to roads for our Civic Center Project. The Mayor
addressed the Council regarding this meeting.
Councilmember Peters addressed the Council regarding the permitting process for the Village.
Mayor Rasco requested that the Attorney present a report to Council at the next meeting regarding
the Civic Center litigation costs. There was no objection to the request.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk presented to the Council the proposed 2002 Council Meeting schedule.
It was the consensus of Council to adopt the proposed Meeting schedule.
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Village Manager. The Manager addressed the Council regarding debt service payments informing
the Council that the Finance Director is looking into refinancing.
The Manager addressed the Council regarding the bus shelters, stating that a report regarding this
issue will be included in the January Council Meeting.
The Manager presented to the Council a proposed meeting schedule for the Recreation Center. It
was the consensus of Council to accept the proposed schedule.
The Manager presented to the Council a proposed Recreation Center Workshop Agenda for Monday,
November 19, 2001, at 7:00 p.m. in the Council Chamber.
The Manager addressed the Council regarding an upcoming event sponsored by the Recreation
Department called "Community Recreation Center Comes Alive". This event will take place on
Sunday, November 18, 2001 from 1:00 p.m. to 4:00 p.m. on the parking lot behind old SunTrust
Bank building.
The Manager addressed the Council regarding the referendum on December 4, 2001.
Councilmember Bass made a motion to extend the meeting to 11:10 p.m. The motion was seconded
by Councilmember Oldakowski and approved by a 5-1 voice vote. The vote was as follows:
Councilmembers Bass, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. Vice Mayor Fried
voting No.
Councilmembers Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voted in favor of directing
staff to prepare material supporting the majority of the Council's position on the referendum.
Councilmembers Bass and Peters voted against the proposal.
Councilmembers Bass and Peters voted in favor of directing staff to prepare material supporting the
dissenting opinion. Councilmembers Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voted
against the proposal.
The Manager reported to Council that the barge for the renourishment project is being repaired.
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 11:05 p.m.
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November 13, 2001
ally subm' ed: z 7
,d1/2"
Conchita H. Alvarez, CMC
Village Clerk
Approved this 27th day of November , 2001:
Joe I. 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.
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