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Home My Public Portal About03-14-00 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 14, 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, Mortimer Fned, Gregory C Han, Robert Oldakowski, Vice Mayor Martha F Broucek and Mayor Joe I Rasco Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorney Richard Weiss 2 INVOCATION Attorney Weiss gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Dr Steven A Simon, President, Key Biscayne Athletic Club and Special Village Council Appointee for Playing Fields addressed the Council regarding the placement of temporary clay diamonds on the Village Green Vice Mayor Broucek made a motion to allow the placement of temporary clay diamonds on the Village Green The motion was seconded by Councilmember Fned Vice Mayor Broucek withdrew her motion It was the consensus of Council to direct the Manager to implement the request from the Key Biscayne Athletic Club Councilmember Alan H Fein addressed the Council requesting a special presentation by Dr Steven A Simon, Special Council Appointee for playing fields, at the May 9, 2000 Council meeting regarding the progress being made in finding a location for playing fields The Council agreed 1 of March 14 2000 Mayor Rasco on behalf of the Village Council presented a proclamation proclaiming "First Family Day on Key Biscayne in Honor of David Riascos" to Christina DeFalco Mayor Rasco on Behalf of the Village Council presented a proclamation in honor of "Children Learn What They Live Week" to Christina DeFalco Ms Defalco addressed the Council thanking the Mayor and members of the Village Council for recognizing the Children and Families of Key Biscayne 5 PUBLIC COMMENTS The following residents addressed the Council James L Peters, 561 Allendale Road, Vera Skuhersky, 205 West Enid Drive, Maria Luisa Tinoco, 170 Ocean Lane Drive 6 AGENDA Councilmember Han requested to hear Item 10D2 (a) and (b) at the beginning of the agenda after the consent agenda, Councilmember Bass requested the withdrawal of Item 10A2, the Attorney requested the withdrawal of the Local Planning Agency Minutes of February 22, 2000 and Councilmember Fried requested the addition of a discussion regarding the library as Item 10A8 There was no objection to the agenda changes 7 CONSENT AGENDA The following consent agenda was approved by unanimous consent The minutes of the February 22, 2000 Zoning Meeting A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR A "COPS" GRANT, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH EDWARD E CLARK ENGINEERS -SCIENTISTS, INC , A FLORIDA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE At this Item 10D2 was heard Councilmember Han made a motion to approve the grant requested by Boy Scouts Troop #322 Key Biscayne for materials for tent platforms to be placed in Cape Florida State Recreation area in the amount of $1,000 The motion was seconded by Vice Mayor Broucek and failed by a 6-1 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Oldakowski voting No Vice Mayor Broucek addressed the Council and the public offering to donate $1,000 to the Boy Scouts Troop #322 on behalf of the Broucek family 2 of 9 March 14 2000 Councilmember Fein made a motion to approve the grant requested by Girl Scout Troop #391 Key Biscayne for camping equipment in the amount of $3,000 Councilmember Han seconded the motion Cindy Cutler, 251 Crandon Boulevard addressed the Council The motion failed by a 6-1 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Oldakowski voting No Councilmember Fein made a motion to approve the grant requested by Girl Scout Troop #391 for portable basketball nets in the amount of $2,000 The motion was seconded by Councilmember Oldakowski Councilmember Fein withdrew his motion Susan Fox-Rosellini, 201 Crandon Boulevard addressed the Council Councilmember Oldakowski made a motion to instruct the Manager to purchase the camping equipment and the portable basketball nets and that these items be available to all groups on Key Biscayne The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Fein Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Manager addressed the Council regarding a contribution to the surviving families of D E A agents in the amount of $1,000 It was the consensus of Council to make the contribution to the Drug Enforcement Administration in the amount of $1,000 out of the Police Department's budget 8 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25, "TAXATION," OF THE VILLAGE CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAX", BY AMENDING SECTION 25-31 "OCCUPATIONAL LICENSE TAX SCHEDULE", BY AMENDING PARAGRAPH PROVIDING LISTING FOR "FINANCIAL INSTITUTIONS", TO CLARIFY THAT SUCH LISTING ALREADY INCLUDES INSURANCE COMPANIES UNDER EXISTING $150 00 ANNUAL RATE, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE Councilmember Fried made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Oldakowski and approved by a 7-0 roll call vote The vote was as 3of9 March 14 2000 follows Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Clerk announced the second reading of the ordinance for April 11, 2000 The Clerk read the following ordinance, on second 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 Councilmember Oldakowski made a motion to adopt the ordinance The motion was seconded by Councilmember Fein The Mayor opened the public hearing Joseph Weisenfeld, 421 Island Drive addressed the Council The Mayor closed the public hearing Vice Mayor Broucek made an amending motion to amend the speed limit to 25 MPH within Village streets The motion was seconded by Councilmember Bass and approved by a 4-3 roll call vote The vote was as follows Councilmembers Bass, Han, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmembers Fein, Fried and Oldakowski voting No There was extensive discussion from Council regarding this issue Chief of Police, Michael J Flaherty addressed the Council Councilmember Han made a motion to reconsider the 25 MPH amendment The motion was seconded by Councilmember Oldakowski and approved by a 6-1 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No The motion to amend the speed limit to 25 MPH within Village streets failed by a 3-4 roll call vote The vote was as follows Councilmembers Bass, Han and Mayor Rasco voting Yes Councilmembers Fein, Fried, Oldakowski and Vice Mayor Broucek voting No The ordinance was adopted by a 7-0 roll call vote The vote was as follows Councilmembers Bass Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes 4of9 March 14 2000 The Clerk read the following ordinance, on second 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 Councilmember Fried made a motion to adopt the ordinance The motion was seconded by Mayor Rasco The Mayor opened the public hearing Michele Barnett, 355 West Wood Drive, James L Peters, 561 Allendale Road, Servando Parapar, 240 Cypress Drive, Fernando Figueredo, 524 Ridgewood Drive, Adnana Guillen, 573 Satinwood Drive, Michael Kahn, 881 Ocean Drive, Haydee Archibald, 881 Ocean Drive, Will Earle, 375 West Enid Drive and Nancy Doke Harrison, 200 West Mashta Drive addressed the Council The Mayor closed the public hearing There was extensive discussion from Council regarding this ordinance Councilmember Bass made an amending motion to amend paragraph (b) to include the sanitary sewer project The motion was seconded by Mayor Rasco and approved by a 4-3 roll call vote The vote was as follows Councilmembers Bass, Fein, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmembers Fried, Han and Oldakowski voting No Mayor Rasco made a motion to table this ordinance to the meeting of April 11, 2000 The motion was seconded by Councilmember Bass and approved by a 6-1 roll call vote The vote was as follows Councilmemberrs Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Han voting No At 9 55 p m the Mayor requested a 5 minute recess The meeting was reconvened at 10 00 p m At this time it was the consensus of Council to hear Item 9B The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, OPPOSING THE PLACING OF A COMMERCIAL AIRPORT AT HOMESTEAD AIR FORCE BASE, PROVIDING FOR AN EFFECTIVE DATE 5of9 March 14 2000 Councilmember Bass made a motion to approve the resolution The motion was seconded by Councilmember Fried Conchita Suarez, 201 Crandon Boulevard, Jonathan Ullman, South Florida representative for the National Sierra Club, Bob Skinner, 561 Sabal Palm, Bruce Drum, Assistant Aviation Director for Miami -Dade County Aviation Department, Blanca Mesa, 544 Fernwood Road, Meg Holderman, 228 West Wood Drive, Mabel Miller, 210 Seaview Dnve, Jeff Bunting, Miami -Dade County Aviation Department, Dr Robert Maggs, 155 Ocean Lane Drive, Jorge Luis Lopez, 1121 Crandon Boulevard, attorney representing the City of Homestead and Ed Meyer, 100 Sunrise Drive addressed the Council The resolution failed by a 3-4 roll call vote The vote was as follows Councilmembers Bass, Fein and Oldakowski voting Yes Councilmembers Fried, Han, Vice Mayor Broucek and Mayor Rasco voting No Mayor Rasco made a motion to extend the meeting to 11 15 p m The motion was seconded by Vice Mayor Broucek and approved by a 6-1 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No 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 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 Councilmember Fried made a motion to adopt the ordinance The motion was seconded by Councilmember Han The Mayor opened the public heanng Camille Guething, 210 Seaview Drive addressed the Council The Mayor closed the public hearing The ordinance was adopted by a 6-1 roll call vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No 6of9 March 14, 2000 It was the consensus of Council to direct the Attorney to address the issue of working hours as it relates to the noise ordinance 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PURSUANT TO PETITION OF ELECTORS, PROPOSING AMENDMENT OF CHARTER BY CREATING SECTION 414 "SPECIAL ASSESSMENTS" TO REQUIRE PETITION OF PROPERTY OWNERS OR REFERENDUM ELECTION OF PROPERTY OWNERS PRIOR TO IMPOSING SPECIAL ASSESSMENTS, AND CALLING A SPECIAL ELECTION FOR THE PROPOSED REPEAL OF ORDINANCE NUMBER 99-3, WHICH PROVIDED ENABLING AUTHORITY FOR SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWERS AND OTHER PUBLIC IMPROVEMENTS, AND FOR THE PROPOSED REPEAL OF ORDINANCE 99-9, WHICH AUTHORIZED THE VILLAGE'S LOAN FROM THE STATE OF FLORIDA FOR THE SANITARY SEWER PROJECT, PURSUANT TO REFERENDUM PETITIONS OF ELECTORS SEEKING THE REPEAL OF ORDINANCE 99-3 AND ORDINANCE 99-9 Councilmember Fned made a motion to approve the resolution The motion was seconded by Councilmember Han and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes At this time the Attorney addressed the Council requesting an Executive Session for Friday, March 17, 2000 at 8 00 am to discuss the Tesaurus Holdings, Inc and Fininvest Investment, Ltd appeal Elaine Cohen, from the Village Attorneys' office addressed the Council regarding the request of a one month extension to the purchase contract for 560 Crandon Boulevard Councilmember Fried made a motion to authonze such extension The motion was seconded by Vice Mayor Broucek and approved by a 6-1 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING LIMITED EXEMPTION FROM NOISE REGULATIONS FOR CERTAIN HOLIDAY CELEBRATIONS PURSUANT TO SECTION 17-5(d) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE, PROVIDING FOR EFFECTIVE DATE 7of9 March 14 2000 Councilmember Han made a motion to approve the resolution The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Rasco made a motion to appoint Ms Lillian Naruns and Ms Susan Fox-Rosellini to the 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 Vice Mayor Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Village Clerk The Clerk presented to the Council the certificate of Legal Sufficiency for the Charter Amendment Petition and repeal of Ordinances 99-3 and 99-9 The Clerk reported that the following proclamations had been issued by the Office of the Mayor during the months of February and March a) proclaiming Cornell Week on Key Biscayne, c ) proclaiming American Red Cross Month, c) proclaiming Key Biscayne Firefighter Appreciation Week Village Manager The Manager addressed the Council requesting a motion to increase the rental fee for Calusa Park Councilmember Bass made a motion to increase the rental fee for Calusa Park to $75 00 The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Manager addressed the Council regarding the proposed Miami Rowing Club agreement for swimming program Councilmember Fried made a motion authorizing a pilot program for swimming at the Miami Rowing Club The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes At this time the Manager and Jud Kurlancheek, Director of Building Zoning and Planning Department addressed the Council regarding the property at 205 West Enid Drive 8of9 March 14, 2000 Councilmember Fein made a motion to extend the meeting to 11 20 p m The motion was seconded by Vice Mayor Broucek and approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Han voting No Councilmember Bass was out of the room at the time the vote was taken 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 20 p m tfully submitted 4 Conchita H Alvarez, CMC Village Clerk C: Approved this 21st day of March . 20 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 9of9