Loading...
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. I of 11 November 13, 2001 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. 2of11 November 13, 2001 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. 3of11 November 13, 2001 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. 4of11 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 5 of 11 November 13, 2001 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 6of11 November 13, 2001 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. 7of11 November 13, 2001 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: 8 of 11 November 13, 2001 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. 9of11 November 13, 2001 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. 10ofll 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. 11 of 11