HomeMy Public PortalAbout02-08-00 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 8, 2000
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 05 p m Present were Councilmembers Scott Bass, Alan H Fein, Gregory C Han,
Robert Oldakowski, Vice Mayor Martha F Broucek and Mayor Joe I Rasco Councilmember
Mortimer Fned was absent Also present were Village Manager C Samuel Kissinger, Village Clerk
Conchita H Alvarez and Village Attorneys Richard Weiss and Mitch Bierman
2 INVOCATION Pastor Paul Manuel, Key Biscayne Presbytenan Church gave an
invocation
3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS Mr Harvey Sasso, P E , President, Coastal Systems
International, Inc , addressed the Council and the public giving a progress report relative to the
implementation of the Village of Key Biscayne Beach Renounshment Project
5 PUBLIC COMMENTS The following residents addressed the Council Vera S
Skuhersky, 205 West Enid Dnve, Ed Meyer 100 Sunnse Dnve, Haydee Archibald, 881 Ocean Dnve
and Joseph Weisenfeld, 421 Island Drive
6 AGENDA Councilmember Fein requested the addition of a bnef discussion regarding the
Fininvest Hearing as Item 10Al2 and Vice Mayor Broucek requested the withdrawal of Item 9E
from the agenda There was no objection to the agenda changes
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February 8 2000
7 CONSENT AGENDA The following consent agenda was approved by a 5-1 voice vote
The vote was as follows Councilmembers Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor
Rasco voting Yes Councilmember Bass voting No
The minutes of the January 18, 2000 Civic Center Workshop, the minutes of the January 25, 2000
Zoning Meeting and the minutes of the January 25, 2000 Local Planning Agency Meeting
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR DISASTER
RELIEF FUNDING FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) EMERGENCY DECLARATION FEMA-3143-EM-FL RESULTING FROM
HURRICANE FLOYD, PROVIDING FOR AN EFFECTIVE DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPOINTING MR SERVANDO M PARAPAR TO THE BOARD OF
TRUSTEES OF THE VILLAGE OF KEY BISCAYNE POLICE OFFICERS AND
FIREFIGHTERS RETIREMENT PLAN, PROVIDING FOR AN EFFECTIVE DATE
8 ORDINANCES The Clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 26 "TRAFFIC AND VEHICLES" OF THE CODE OF THE VILLAGE OF KEY
BISCAYNE, CREATING ARTICLE III "SPEED ZONES," ESTABLISHING 20 MPH
MAXIMUM SPEED FOR VEHICLES OPERATED IN RESIDENCE DISTRICT STREETS
OF THE VILLAGE OF KEY BISCAYNE, PROVIDING PENALTY, PROVIDING FOR
REPEAL, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE
Vice Mayor Broucek made a motion to approve the ordinance on first reading The motion was
seconded by Councilmember Oldakowski
Chief of Police Michael J Flaherty addressed the Council regarding this ordinance
Councilmember Han made a motion to amend section 26 42 (a) to include Harbor Dnve The
motion was seconded by Councilmember Fein and approved by a 6-0 voice vote The vote was as
follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco
voting Yes
The Mayor opened the public hearing Haydee Archibald, 881 Ocean Drive addressed the
Council The Mayor closed the public heanng
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February 8 2000
The ordinance was approved on first reading by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
The Clerk announced the second reading of the ordinance for March 14, 2000
The Clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE CREATING CHAPTER 8 OF
THE VILLAGE CODE ENTITLED "CABLE TELEVISION," REQUIRING ALL CABLE
TELEVISION PROVIDERS OPERATING IN THE VILLAGE TO OBTAIN A FRANCHISE
FROM THE VILLAGE, PROVIDING FOR FRANCHISE REQUIREMENTS AND
ESTABLISHING MINIMUM STANDARDS OF SERVICE, PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR
EFFECTIVE DATE
Councilmember Bass made a motion to approve the ordinance on first reading The motion was
seconded by Councilmember Fein
The Attorney addressed the Council regarding this ordinance
The Mayor opened the public heanng Jorge Lopez, representing Adelphia Cable and
Haydee Archibald, 881 Ocean Drive addressed the Council The Mayor closed the public
heanng
It was the consensus of Council to direct the Attorney and the Manager to negotiate with Adelphia
and the County in order to get the best service possible for the Village
The ordinance was approved on first reading by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek 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
CHAPTER 291, "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING,
SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS," BY CREATING
SECTION 291-28 "PETITION OR REFERENDUM REQUIRED" TO REQUIRE PETITION
OR REFERENDUM OF PROPERTY OWNERS PRIOR TO IMPOSITION OF SPECIAL
ASSESSMENTS PURSUANT TO THIS CHAPTER, PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE
Vice Mayor Broucek made a motion to approve the ordinance on first reading The motion was
seconded by Councilmember Oldakowski
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February 8 2000
The Attorney addressed the Council regarding this ordinance
Councilmember Oldakowski made a motion to eliminate paragraph (b) The motion was seconded
by Mayor Rasco and failed by a 1-5 roll call The vote was as follows Mayor Rasco voting Yes
Councilmembers Bass, Fein, Han, Oldakowski and Vice Mayor Broucek voting No
The Mayor opened the public hearing Haydee Archibald, 881 Ocean Drive The Mayor
closed the public heanng
The ordinance was approved on first reading by a 5-1 roll call vote The vote was as follows
Councilmembers Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
Councilmember Bass voting No
The Clerk announced the second reading of the ordinance for March 14, 2000
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 17 "NOISE", BY AMENDING SECTION 17-
5 "EXEMPTIONS," CREATING PARAGRAPH (D), PROVIDING FOR VILLAGE
COUNCIL TO BE AUTHORIZED BY RESOLUTION TO PROVIDE FOR LIMITED
EXEMPTION FROM NOISE REGULATIONS FOR CERTAIN HOLIDAY
CELEBRATIONS, SUBJECT TO CONDITIONS, PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE
Vice Mayor Broucek made a motion to approve the ordinance on first reading The motion was
seconded by Councilmember Fein
The Manager addressed the Council regarding this ordinance
The Mayor opened the public heanng There were no speakers present The Mayor closed
the public heanng
The ordinance was approved on first reading by a 5-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
Councilmember Han was out of the room at the time the vote was taken
The Clerk announced the second reading of the ordinance for March 14, 2000
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February 8 2000
The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN OF THE VILLAGE BY AMENDING THE FUTURE
LAND USE MAP FOR PROPERTY AT 800 CRANDON BOULEVARD BY REMOVING IT
FROM THE "OFFICE" CATEGORY AND PLACING IT IN THE "COMMERCIAL"
CATEGORY, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
Councilmember Fein made a motion to approve the ordinance on second reading The motion was
seconded by Councilmember Oldakowski
The Mayor opened the public hearing Wayne Manla, 121 Island Drive, Linda Manla, 121
Island Dnve addressed the Council The Mayor closed the public heanng
Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this
ordinance
The ordinance was approved on second reading by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE A PROPOSAL WITH AGILE COURTS
CONSTRUCTION COMPANY TO REPAIR AND RESURFACE THE TENNIS COURTS
AT CALUSA PARK, AND INSTALL ONE BASKETBALL GOAL AND LINE A HALF
COURT AREA FOR THE AMOUNT OF $14,380, PROVIDING FOR AN EFFECTIVE
DATE
Vice Mayor Broucek made a motion to approve the resolution The motion was seconded by
Councilmember Fein and approved by a 6-0 voice vote The vote was as follows Councilmembers
Bass, Fein, Han, Oldakowski, Vice Mayor Broucek 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, ADOPTING SITE PLAN B MODIFIED AS "THE VILLAGE CIVIC CENTER
SITE PLAN", SUPERSEDING RESOLUTION 99-57 ON THE SAME SUBJECT,
PROVIDING FOR AN EFFECTIVE DATE
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February 8 2000
Councilmember Fein made a motion to approve the resolution The motion was seconded by
Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows
Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek 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 DEVELOP PLANS AND
OBTAIN PROPOSALS TO CONSTRUCT CURBING, LANDSCAPING, AND IRRIGATION
IN THE SWALE AT 100-200 CRANDON BOULEVARD AND 77-299 CRANDON
BOULEVARD, AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember Han made a motion to approve the resolution The motion was seconded by
Councilmember Fein and failed by a 2-4 voice vote The vote was as follows Councilmember Han
and Vice Mayor Broucek voting Yes Councilmembers Bass, Fein, Oldakowski and Mayor Rasco
voting No
The Clerk read the following resolution by title
A RESOLUTION 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
Councilmember Fein made a motion to approve the resolution The motion was seconded by
Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows
Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
Dr Steve Simon addressed the Council regarding a request to put two portable backstops on
the Village Green
Vice Mayor Broucek made a motion to allow the use of two portable backstops on the Village Green
The motion was seconded by Councilmember Han and approved by a 6-0 voice vote The vote was
as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco
voting Yes
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Councilmember Oldakowski made a motion to approve an allocation
of space for use as a temporary senior center The motion was seconded by Mayor Rasco
Todd Hofferbeth, Recreation Director addressed the Council regarding this matter
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February 8 2000
Ursula Mucci, 177 Ocean Lane Drive addressed the Council
The motion was approved by a 6-0 voice vote The vote was as follows Councilmembers Bass,
Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
Councilmember Oldakowski made a motion to initiate a Council discussion as to how best to
proceed for finding a new Village Manager
Dr Steve Simon former Chairman of the Manager's Search Committee addressed the
Council
At this time Vice Mayor Broucek asked the Village Manager if he would be willing to extend his
contract with the Village for a longer period of time The Manager replied that he would be willing
to stay longer
It was the consensus of Council to start the hinng process for the new Manager during October of
this year
Mayor Rasco addressed the Council regarding the procedures in place regarding the Village's
handling of the TRC application The Manager and the Attorney addressed the Council regarding
this issue
Councilmember Fein addressed the Council regarding the Fininvest heanng stating that the Village
was extremely well represented by the Village Attorneys
Mayor Rasco addressed the Council requesting a report from staff regarding the upkeep and
maintenance of existing landscaping throughout the Village, including traffic calming circles What
programs, plans are in place and condition of spnnklers The Manager addressed the Council
regarding this issue
Councilmember Han addressed the Council regarding development on the Virginia Key area
Councilmember Oldakowski addressed the Council requesting an update from the Manager
regarding curb cuts to sidewalks on Crandon Boulevard The Manager addressed the Council
regarding this issue stating that the County will do handicap ramps within the next three to six
months
Mayor Rasco addressed the Council requesting a report from the Manager regarding bus shelters at
Crandon Boulevard and East Heather Drive Status of lights, paint and concrete benches The
Manager addressed the Council regarding this issue
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February 8 2000
Mayor Rasco addressed the Council regarding a discussion to set a firm date to put entire agenda on
the Internet The Clerk addressed the Council regarding this project It was the consensus of
Council that Councilmember Han will work with the Clerk on this project
Mayor Rasco addressed the Council regarding a follow up to WASA letter regarding condos on
Grapetree Drive and back-up of sewer lines The Manager addressed the Council regarding this
issue
Mayor Rasco made a motion to appoint a selection committee to review applicants for architects to
design the Key Biscayne Community Theater The Committee will also advise Council on space
requirements, funding, grants, programming and other related matters The motion was seconded
by Councilmember Broucek
Councilmember Oldakowski addressed the Council regarding the selection process for this
committee It was the consensus of Council that Councilmembers can call the Clerk and provide
names for this Committee
The Rasco motion approved by a 5-1 voice vote The vote was as follows Councilmembers Fein,
Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting
No
Vice Mayor Broucek made a motion to extend the meeting until 11 10 p m The motion was
seconded by Councilmember Bass and approved by a 6-0 voice vote The vote was as follows
Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
Mayor Rasco addressed the Council regarding the Census 2000 Committee
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk submitted a copy of her office's 1999 annual report to the Council
Village Manager The Manager submitted for Council's information a letter from Jason Hoffman,
Event Director, Exclusive Sports Marketing regarding the 2000 Coca-Cola Classic Triathlon on
Sunday, Apnl 16, 2000 on Crandon Boulevard, dated January 27, 2000
The Manager addressed the Council regarding the vista parks and Mashta Drive landscaping and
right-of-way improvements
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
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February 8 2000
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 06 p m
tfully submitted
c', 21aJleY''
Conchita H Alvarez, CMC
Village Clerk
Approved this 22nd day of February , 200
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