HomeMy Public PortalAbout06-06-00 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, JUNE 6, 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, Mortimer Fried, Alan H Fein,
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 J Weiss
At this time the Mayor addressed the Council and the public informing them of the death of Mr
Frank Gansto, encouraging our citizens to keep him in their prayers
2 INVOCATION Father Jose Luis Hernando, Saint Agnes Catholic Church, gave the
invocation
3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS Victor Alonso, R A, Supervisor, Region IV, Miami -Dade
County School Board representative addressed the Council regarding the playing fields at the
Community School Mr Alonso reported that the plan will consist in the approval of a substantial
amount of money for a major capital improvement at the school for a new building, approximately
7 million dollars, in order to make it equivalent to any K-8 facility Mr Alonso further reported that
the project is expected to be funded for this coming year
The special presentation by Lee P Marks, Esq regarding bicycling issues on Key Biscayne did not
take place Mr Marks did not appear
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June 6 2000
The Clerk announced that the special presentation by the Key Biscayne Chamber of Commerce will
take place together with Item 9C (resolution regarding the Chamber)
5 PUBLIC COMMENTS The following residents addressed the Council John Festa, 695
Harbor Lane, Michelle Barnett, 355 West Wood Dnve, James Peters, 561 Allendale Road and Linda
Davitian, 720 Myrtlewood Lane
6 AGENDA Councilmember Oldakowski requested the removal of Items 7B and 7D from
the consent agenda and to move the report under Item 9D to Item 10A1, the Attorney requested the
withdrawal of Item 10B2, Councilmember Fned requested to amend the entire agenda to reflect the
item numbers in the correct order There was no objection to the agenda changes
7 CONSENT AGENDA The following consent agenda was approved by unanimous consent
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE
COUNTY TO CONTINUE TO PROVIDE LANDSCAPE MAINTENANCE SERVICES ON
THE GROUNDS OF THE KEY BISCAYNE LIBRARY, PROVIDING FOR AN EFFECTIVE
DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE WITH PELCO (POLLUTION
ELIMINATION CORPORATION) FOR SERVICING THE NEW SEWAGE PUMP
STATION IN THE VILLAGE PARK, PROVIDING FOR AN EFFECTIVE DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO TAKE NECESSARY STEPS
FOR IMPROVEMENTS TO THE PLAY FIELD AND GROUNDS AT THE KEY
BISCAYNE COMMUNITY SCHOOL, PROVIDING FOR AN EFFECTIVE DATE
8 ITEMS REMOVED FROM THE CONSENT AGENDA
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, DIRECTING THE VILLAGE MANAGER TO SUBMIT TO THE VILLAGE
COUNCIL THE ANNUAL OPERATING AND CAPITAL BUDGET OF THE VILLAGE OF
KEY BISCAYNE ON OR BEFORE JULY 15 OF EACH YEAR, PROVIDING FOR AN
EFFECTIVE DATE
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June 6 2000
Mayor Rasco made a motion to approve the resolution The motion was seconded by
Councilmember Oldakowski and approved by a 7-0 voice vote The vote was as follows
Councilmembers Bass, Fein, Fned, 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, PROVIDING FOR PUBLIC HEARING CONCERNING SANITARY SEWER
IMPROVEMENT PROJECT AND SPECIAL ASSESSMENTS, PROVIDING FOR AN
EFFECTIVE DATE
Councilmember Han made a motion to approve the resolution changing the date for the public
hearing to July 11, 2000 The motion was seconded by Vice Mayor Broucek
There was extensive discussion from Council regarding this resolution
Councilmember Han made a motion to table this item and hear it as Item 10A5 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
8 ORDINANCES The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF CAPITAL IMPROVEMENT
REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING
FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH DETAILS OF SAID BONDS,
AND PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Broucek made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Fein
The Mayor opened the public hearing John Festa, 695 Harbor Lane addressed the Council
The Mayor closed the public hearing
The Manager addressed the Council regarding this ordinance
The ordinance was adopted on first 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
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June 6 2000
The Clerk announced the second reading of the ordinance for July 11, 2000
The Clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 2 OF THE VILLAGE CODE, "ADMINISTRATION," ARTICLE III, "CODE
ENFORCEMENT," SECTION 2-38, "CONTENTS AND SERVICE OF WARNING" AND
SECTION 2-39, "CONTENTS AND SERVICE OF NOTICE" OF THE VILLAGE CODE
PROVIDING FOR SERVICE TO COMMERCIAL PREMISES AND PROVIDING
PROCEDURE FOR NOTICE OF TRANSFER OF PROPERTY SUBJECT TO CODE
ENFORCEMENT PROCEEDINGS, AMENDING SECTION 2-42, "CIVIL PENALTIES AND
RELATED TERMS CONSTRUED," PROVIDING THAT THE VILLAGE MAY REPAIR A
VIOLATION THAT PRESENTS A SERIOUS THREAT TO THE PUBLIC HEALTH,
SAFETY, AND WELFARE AND MAY CHARGE THE VIOLATOR WITH THE
REASONABLE COSTS OF REPAIRS, AMENDING SECTION 2-43 "RECOVERY OF
UNPAID CIVIL PENALTIES, UNPAID PENALTY TO CONSTITUTE A LIEN,
FORECLOSURE", PROVIDING THAT VILLAGE MAY INITIATE LEGAL
PROCEEDINGS TO RECOVER A CODE ENFORCEMENT LIEN IN THE FORM OF A
MONEY JUDGMENT, AMENDING SECTION 2-45, "ARTICLE PROVISIONS ARE
SUPPLEMENTAL," PROVIDING THAT PROVISIONS OF ARTICLE ARE
SUPPLEMENTAL AND CUMULATIVE TO ALL OTHERS, PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN THE VILLAGE CODE, PROVIDING
FOR EFFECTIVE DATE
Councilmember Fned made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Han
The Attorney 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 7-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Fned, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting
Yes
The Clerk announced the second reading of the ordinance for July 11, 2000
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June 6, 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", AMENDING SECTION 17-5
"EXEMPTIONS", AMENDING PARAGRAPH (B) THEREOF TO CREATE EXEMPTION
FOR NOISE CREATED BY PUBLIC IMPROVEMENT PROJECTS OF THE VILLAGE,
INCLUDING, BUT NOT LIMITED TO BEACH RENOURISHMENT PROJECTS,
SUBJECT TO IMPLEMENTATION BY RESOLUTION OF THE VILLAGE COUNCIL,
PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE,
PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Broucek made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember 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 7-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Fned, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting
Yes
The second reading of the ordinance will be on July 11, 2000
The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING
THE CAPITAL IMPROVEMENT FUND, PROVIDING FOR AMENDMENT OF THE 1999-
2000 FISCAL YEAR BUDGET BY REVISING THE SCHEDULE FOR REPLACEMENT
BY THE GENERAL FUND OF FUNDS PREVIOUSLY TRANSFERRED FROM THE
CAPITAL IMPROVEMENT FUND PURSUANT TO ORDINANCE NO 98-8, WHICH
PROVIDED FOR THE EAST ENID DRIVE PROJECT, AND PROVIDING FOR AN
AMENDMENT OF THE 1999-2000 FISCAL YEAR BUDGET BY PROVIDING FOR THE
TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND FOR THE
BEACH RENOURISHMENT PROJECT, TO BE SUBSEQUENTLY REPLACED BY
COUNTY FUNDS ANTICIPATED TO BE RECEIVED FOR THE BEACH
RENOURISHMENT PROJECT AND PROVIDING FOR CONTINGENCY IN THE EVENT
COUNTY FUNDS ARE NOT RECEIVED, PROVIDING FOR SEVERABILITY,
PROVIDING FOR EFFECTIVE DATE
Vice Mayor Broucek made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Han
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June 6 2000
The Mayor opened the public hearing Ed Meyer, 100 Sunrise Drive addressed the Council
The Mayor closed the public hearing
The 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 COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN (PBS&J)
INC FOR CONSTRUCTION CONTRACT ADMINISTRATION AND INSPECTION
SERVICES FOR THE SANITARY SEWER SYSTEM AND PUMP STATION UPGRADE,
PROVIDING FOR AN EFFECTIVE DATE
At this time the Manager requested the withdrawal of this resolution There was no objection to the
request
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 THE ATTACHED
AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND COASTAL
SYSTEMS INTERNATIONAL, INC, (CSI) OF CORAL GABLES, FLORIDA, FOR
PROFESSIONAL SERVICES FOR THE PROPOSED 2000 VILLAGE BEACH
RENOURISHMENT PROJECT, SUPERSEDING RESOLUTIONS 99-6, 99-66 AND 99-96
ON THE SAME SUBJECT, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Broucek made a motion to approve the resolution The motion was seconded by
Councilmember Oldakowski
The Manager addressed the Council regarding this resolution
The resolution was 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
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June 6 2000
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING THE SUBLEASE AGREEMENT BETWEEN THE VILLAGE OF
KEY BISCAYNE AND THE KEY BISCAYNE CHAMBER OF COMMERCE, PROVIDING
FOR AN EFFECTIVE DATE
Councilmember Han made a motion to approve the resolution The motion was seconded by
Councilmember Fried
The Manager addressed the Council regarding this resolution
Robert Brooks, 3191 Battersea Road, second Vice President of the Key Biscayne Chamber
of Commerce addressed the Council
The resolution was 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING THE 2000 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT
"A", PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fried made a motion to approve the resolution The motion was seconded by Vice
Mayor Broucek
It was the consensus of Council to remove the parking structure from the Civic Center
ow -
The resolution as amended was 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, CREATING A CABLE FRANCHISE COMMITTEE, 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 his motion
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June 6 2000
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Dr Steve Simon, Playing Field Liaison and Mr Richard Pinsky,
Government Relations Representative addressed the Council regarding the Playing Fields issue
stating that a significant loss of playing fields space has taken place at the Community School and
at Saint Agnes Catholic Church due to building expansion Dr Simon further reported that this loss
of playing fields space will have an impact on the programs offered by the Key Biscayne Athletic
Club
Dr Simon also addressed the Council regarding his activities as the Village's Playing Field Liaison
reporting his involvement with Commissioner Morales on the issue of parks and also informing the
local officials about the lack of green space available within the Village
Mr Richard Pinsky addressed the Council and the public stating that there are possible legislative,
cabinet and Miami -Dade County solutions, but they need to be explored Mr Pinsky also reported
that there might be some funding solutions
Councilmember Oldakowski and Vice Mayor Broucek addressed the Council regarding the proposals
made by the "Keep Seniors on Key Biscayne" group
Dr Robert Maggs, 155 Ocean Lane Dnve and Tony Navarro, 151 Crandon Boulevard
addressed the Council
It was the consensus of Council to direct the Manager to allow one of the current staff members to
help the "Keep Seniors on Key Biscayne"group in their organizational stage
Councilmember Han addressed the Council regarding the reaction to windstorm insurance increases
Mr Pinsky, Government Relations Representative, addressed the Council regarding this
issue
It was the consensus of Council that Mr Pinsky and the Attorney draft a resolution addressing the
windstorm insurance increases
Councilmember Fein addressed the Council regarding the status of the re -sodding and beautification
of the Key Biscayne Community School playing fields
The Manager addressed the Council stating that for this summer the field will be re -sodded
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June 6, 2000
Mayor Rasco addressed the Council requesting a status report regarding the mini parks project
The Manager addressed the Council regarding the mini parks reporting that the project is going
forward and should be completed by the end of July
At this time Councilmember Han made a motion to remove Item 7B from the table The motion was
seconded by Councilmember Oldakowski 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR PUBLIC HEARING CONCERNING SANITARY SEWER
IMPROVEMENT PROJECT AND SPECIAL ASSESSMENTS, PROVIDING FOR AN
EFFECTIVE DATE
There was extensive discussion from Council regarding this issue
The resolution as amended was 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 Attorney The Attorney addressed the Council regarding the retainer agreement
Vice Mayor Broucek made a motion to increase the Attorney's fees to $175 per hour 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
Village Clerk The Clerk reported that the Office of the Mayor had issue the following
proclamations during the month of May proclaiming the week of May 22-29 as Poppy Week in Key
Biscayne, proclaiming June 14, 2000 as Flag day and proclaiming the month of May as Civility
Month
Village Manager The Manager addressed the Council reporting on the bandstand/gazebo project,
introducing Rolando Llanes with Thomas A Spain, AIA and Rolando Llanes Architects
The Manager reported that the funding for this project will be as follows half from a state grant and
the remainder of the funds will come from a Recreation reserve made up of contributions made by
the county and developers at the time of Incorporation
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June 6 2000
Councilmember Fried made a motion directing the Manager to proceed with the bid process for this
project The motion was seconded by Councilmember Oldakowski 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 giving an update regarding the sidewalk repair program
reporting that all sidewalks will be repaired by the end of this month
The Manager addressed the Council regarding the hurncane information manual reporting that it will
be part of the Village's web site and available to the public in general
The Manager addressed the Council regarding the Pines Canal improvement
11 OTHER BUSINESS/GENERAL DISCUSSION At this time the Mayor requested that
the Clerk announce the future meetings of the Council
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 10 30 p m
Res s ully submitted
Conchita H Alvarez, CMC
Village Clerk
Approved this 27th day of une 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
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