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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 1 of 10 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 2of10 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 3of10 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 4of10 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 5of10 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 6 of 10 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 7 of 10 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 8 of 10 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 9of10 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 10 of 10