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Home My Public Portal About04-11-00 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 11, 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 00 p m Present were Councilmembers Scott Bass, Alan H Fein, Mortimer Fried, 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 Rabbi Melvin Glazer, Congregation Beth David, gave the invocation 3 PLEDGE OF ALLEGIANCE Rabbi Glazer led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Mr Michael Futterman, CPA, Director for Rachlin Cohen & Holtz LLP Certified Public Accountants, the Village's auditing firm, made a presentation to the Council regarding the 1999 Comprehensive Annual Financial Report 5 PUBLIC COMMENTS The following resident addressed the Council Raul Llorente, 345 Cypress Drive At this time Councilmember Fein made a motion to hear agenda Item 9B out of order 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 1 of 7 April 11 2000 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADMONISHING MAYOR RASCO FOR HIS ALIGNMENT WITH MAYOR PENELAS REGARDING THE POLITICAL RHETORIC SURROUNDING THE PLIGHT OF A SIX -YEAR OLD CUBAN BOY, PROVIDING FOR AN EFFECTIVE DATE Councilmember Bass made a motion to approve the resolution The motion died for lack of a second At this time Mayor Rasco recognized Mayor Jose Diaz from the City of Sweetwater 6 AGENDA The Clerk requested the addition of two resolutions subject to the adoption of Section 29 1-28 (Item 8B1) on second reading as follows a resolution cancelling special election on petitions and a resolution setting election of property owners in assessment area as Items 9E and 9F 7 CONSENT AGENDA The following consent agenda was approved by unanimous consent The minutes of the March 21, 2000 Zoning Meeting 8 ORDINANCES 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 Fned made a motion adopting the ordinance on second reading The motion was seconded by Councilmember Oldakowski The Mayor opened the public heanng Will Earle, 375 West Enid Dnve, Paul Auchter, 1111 Crandon Boulevard and Conchita Suarez, 201 Crandon Boulevard addressed the Council The Mayor closed the public hearing The Attorney addressed the Council regarding this ordinance There was extensive discussion from Council regarding this issue 2of7 April 11 2000 The ordinance failed by a 2-5 roll call vote The vote was as follows Mayor Rasco and Councilmember Fein voting Yes Councilmembers Bass, Fried, Han, Oldakowski and Vice Mayor Broucek voting No The Clerk read the following ordinance, on second 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 adopting the ordinance on second reading The motion was seconded by Councilmember Oldakowski The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The Village Manager addressed the Council regarding this ordinance The ordinance was adopted on second reading 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 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 THE ATTACHED AGREEMENT WITH THE FLORIDA LEAGUE OF CITIES, INC (OCCUPATIONAL LICENSES), PROVIDING FOR AN EFFECTIVE DATE The Manager addressed the Council regarding this resolution Vice Mayor Broucek made a motion to approve the resolution The motion was seconded by Councilmember Fried 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 3of7 April 11 2000 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SHOWING SUPPORT FOR ECONOMIC RECOVERY FOR THE CITY OF HOMESTEAD, PROVIDING FOR AN EFFECTIVE DATE Councilmember Bass made a motion to approve the resolution The motion was seconded by Vice Mayor Broucek Councilmember Bass withdrew the motion The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS FOR INSTALLATION OF LANDSCAPING AND HARD FEATURES IN NINE (9) VISTA PARKS, AND PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Broucek made a motion to approve the resolution The motion was seconded by Councilmember Fried and approved by a 5-2 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmembers Bass and Oldakowski voting No 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Han and Vice Mayor Broucek addressed the Council regarding pedestrian safety on Crandon Boulevard The Manager addressed the Council regarding this issue Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council There was extensive discussion from Council regarding this issue It was the consensus of Council to direct staff to look into their concerns and report back to Council at a workshop or Council meeting Margaret Maun 101 Ocean Lane Drive addressed the Council Mayor Rasco addressed the Council regarding the 12 month evaluation of the Village Clerk Councilmember Han presented to the Council a survey prepared by the Finance Department regarding duties and salaries of other Clerks within Miami -Dade County It was the consensus of Council to defer this item to the meeting of April 25, 2000 4of7 April 11 2000 Mayor Rasco addressed the Council regarding the issue of working hours within the noise ordinance The Manager addressed the Council regarding this issue stating that the Police Department is conducting a survey for a period of one month When the survey is completed, the Manager will report back to Council with the results Camille Guething, 260 Seaview Drive and Haydee Archibald, 881 Ocean Drive addressed the Council Vice Mayor Broucek gave a report to Council regarding Commissioner Morales' town meeting held on March 22, 2000 Councilmember Fein addressed the Council regarding the status of the Civic Center project construction The Manager addressed the Council regarding this issue Councilmember Fein addressed the Council regarding second $10 million financing traunche It was the consensus of Council to direct staff to prepare an ordinance addressing this issue for the next Council meeting Councilmember Fein addressed the Council regarding repairs to the men's room at Village Green Councilmember Fein addressed the Council regarding a project by the Miami Beach Fire Department in reference to the proper installation of child car seats It was suggested that the Fire Chief contact the Miami Beach Fire Department regarding this project Councilmember Fein addressed the Council stating that he has been working with the School Board together with Mayor Rasco on the issue of obtaining additional classrooms for the Elementary School Councilmember Fein also addressed the Council regarding the speed of cars on Crandon Boulevard going towards the city It was the consensus of Council that the Police Chief contact the Miami - Dade County Police Department regarding this issue Councilmember Fried addressed the Council regarding the Library and the lake project proposed by the Beautification Foundation At this time Mayor Rasco requested to hear Item 10D2 There was no objection to the request Wayne Powell, Branch Manager of the Key Biscayne Branch Library, addressed the Council reporting the increased attendance of our residents due to the extended hours of the library 5of7 April 11 2000 Village Attorney The Attorney addressed the Council regarding the Fininvest settlement Elaine Cohen from the Attorney's office addressed the Council regarding a time extension of 90 days for the contract to purchase the property at 560 Crandon Boulevard Councilmember Oldakowski made a motion to extend the time for the purchasing contract for the property at 560 Crandon Boulevard to July 17, 2000 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, for their information, an estimated cost for legal advertising for the Special Election of May 16, 2000 to be approximately $25,873 40 The Clerk reported that the Office of the Mayor had issued the following proclamations during the month of March proclaiming the week of March 27th, 2000 as Insurance Week, proclaiming March 21, 200 as Mayor Jose Guillermo Rodriguez Day, proclaiming the week of April 30, 2000 as Days of Remembrance, proclaiming the week of May 7-13, 2000 as NOAA Week and proclaiming the week of May 14, 2000 as Emergency Medical Services week Village Manager The Manager presented to the Council an updated report regarding the Beach Renounshment Project It was the consensus of Council that Mayor Rasco and the Manager meet with Commissioner Jimmy Morales regarding this project, The Manager presented to the Council a letter from the Department of Community affairs regarding the Village's sidewalk project The Manager presented to the Council a letter from Reverend Jose L Hernando, Pastor, St Agnes Catholic Church regarding the proposed plan for curbing on Harbor Drive 11 OTHER BUSINESS/GENERAL DISCUSSION At this time Vice Mayor Broucek addressed the Council regarding the recent fire at the Ocean Club Chief of Fire Rescue John C Gilbert addressed the Council regarding this issue It was the consensus of Council to hold a Goals and Objectives Session on Wednesday, May 31, 2000 at 6 00 p m in the Council Chamber 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 9 56 p m 6of7 April 11 2000 Res s ully submitted Conchita H Alvarez, CMC Village Clerk Approved this 28th day of April, 2000 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 7of7