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Home My Public Portal About10-24-00 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 24, 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, Mortimer Fned, 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 Stephen J Helfman 2 INVOCATION Mayor Rasco gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Dr Lawrence Feldman, Supenntendent and Dr James W Moye, Director of Region IV, Miami Dade County Public Schools addressed the Council regarding the new middle school building Victor Alonso, Office of Capital Improvement, Miami -Dade County Schools also addressed the Council regarding the new building which should be completed by 2003 Mayor Rasco on behalf of the Village Council presented a proclamation to Dr Moye and Dr Feldman, for their assistance in obtaining additional funding for much needed classrooms for Key Biscayne's new middle school The Honorable Gustavo A Barreiro, State Representative and Mr Richard B Pinsky, Government Relations Representative addressed the Council and residents regarding grants Jeffrey Sharkey, Capitol Alliance Group, also addressed the Council regarding the congressional activity for the Village of Key Biscayne Mr Al Milian, candidate for the State Attorney's office, addressed the Council and the residents 1 of 7 October 24, 2000 Mayor Rasco addressed the Council regarding the difficult situation Village residents expenenced on Saturday, October 21, 2000 Chief of Police, Michael J Flaherty addressed the Council regarding the traffic jam on Saturday, October 21, 2000 on Crandon Boulevard Marcia Monserrat from Commissioner Morales' office addressed the Council introducing the following personnel from Miami -Dade County Lt A J Mechanic, Miami -Dade County Police Department, Manuel Alonso, organizer of the Sunshine Cycling Classic, Jose A Galan, Miami -Dade County Public Works Department, Causeway Division who addressed the Council regarding this issue 5 PUBLIC COMMENTS The following residents addressed the Council Michele Padovan 425 Grapetree Dnve, Lillian Naruns, 561 Hampton Lane, Camille Guething, 260 Seaview Dnve, Sam Davitian, 720 Myrtlewood Lane and Wendy Johannsen, 212 West Mashta Dnve Marcia Monserrat, Commissioner Morales' office addressed the Council, introducing Mr Jeff Cohen, Miami -Dade County Public Works Department Mr Cohen addressed the Council regarding the pedestrian crosswalks on Crandon Boulevard and Crandon Boulevard's Master Plan Chief Flaherty also addressed the Council regarding this issue 6 AGENDA Councilmember Bass requested the removal of Item 7B from the consent agenda, Vice Mayor Broucek requested the addition of a discussion regarding the Village of Key Biscayne Firefighter's living conditions and salary disputes as Item 11A8, Councilmember Oldakowski requested to expand Item 11A6 and the Village Manager requested the removal of Item 11D2 from the agenda There was no objection to the agenda changes 7 CONSENT AGENDA The following consent agenda was approved by unanimous consent The minutes of the September 26, 2000 Second Budget Hearing A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CLEANUP AGREEMENT ON BEHALF OF THE VILLAGE, WITH EDWARD E CLARK ENGINEERS - SCIENTISTS, INC , A FLORIDA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING SUPPORT FOR THE CITY OF TAMPA, FLORIDA'S BID FOR THE 2012 OLYMPICS ALSO KNOWN AS THE XXX OLYMPIAD, PROVIDING FOR AN EFFECTIVE DATE 2of7 October 24, 2000 8 ITEM REMOVED FROM THE CONSENT AGENDA 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 CHAMBER OF COMMERCE FOR FISCAL YEAR 2001, PROVIDING FOR AN EFFECTIVE DATE Mayor Rasco made a motion to approve the resolution The motion was seconded by Vice Mayor Broucek Councilmember Bass made an amending motion to reduce the contract by 50% The motion was seconded by Vice Mayor Broucek and failed by a 1-6 voice vote The vote was as follows Councilmember Bass voting Yes Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting No Ed Stone, 145 Hampton Lane addressed the Council The resolution was approved by a 6-1 voice vote The vote was as follows Councilmembers Fein, Fned, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No 8 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the following zoning heanngs were sworn in by the Village Clerk Hearing Number P 00-002 SunTrust Bank Real Estate Corporation, 520 Crandon Boulevard, the applicant, is requesting approval of a Final Plat Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council recommending approval of the Final Plat Councilmember Fried made a motion to approval the Final Plat The motion was seconded by Vice Mayor Broucek and approved by a 6-0 roll call vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass was out of the room at the time the vote was taken Hearing Number 00 -10 -24 -RV -05 Dr Roger Khoun, 478 Bay Lane, the applicant, is requesting a vanance to permit the elevation of a portion of the front yard to be 3 ft 3 in higher than the maximum allowed Vice Mayor Broucek disclosed that she had visited the site 3of7 October 24, 2000 Director Kurlancheek addressed the Council recommending denial of the request as it is inconsistent with the vanance review critena Architect Wilfredo Borroto, representing the applicant, addressed the Council regarding this variance The Mayor opened the public heanng Camille Guething, 260 Seaview Dnve, Sennett Dottenhofer, Matheson Dnve, Romelyn Fneman, 490 Bay Lane, Jennifer Leal, 330 Fernwood Drive, Susana Leal-Khoun, the applicant, addressed the Council The Mayor closed the public heanng There was extensive discussion from Council regarding this vanance Councilmember Bass made a motion to approve the request as presented The motion was seconded by Vice Mayor Broucek and approved by a 5-2 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmembers Han and Oldakowski voting No 9 ORDINANCES The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE II "DEFINITIONS" AND ARTICLE V, "SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT REGULATIONS," OF CHAPTER 30 "ZONING," AND PROVIDING FOR AN EFFECTIVE DATE Director Kurlanchek addressed the Council regarding this ordinance The Mayor opened the public heanng Reverend Bob Libby, 200 Ocean Lane Drive, Deborah de Leon, 100 Buttonwood, Jim Peters, 561 Allendale Road, Adnana Guillen, 573 Satinwood Drive, Heney Groscher, 290 West Mashta Dnve, Robert de Leon, 100 Buttonwood, Jim Taintor, 355 Harbor Dnve, Richard Gregone, Key Biscayne, John Festa, 695 Harbor Lane, Michael Kahn, 881 Ocean Dnve, Wilfredo Borroto, 241 Harbor Drive, Clay Tootle, 300 Glenndge Road, Julie S Alvarez, 150 Sunrise Dnve, James Pilafian, 180 Crandon Boulevard addressed the Council The Mayor closed the public heanng Councilmember Fein made an amending motion to remove the definition of guest rooms and to remove the section on guest homes on page 32 The motion was seconded by Councilmember Bass and approved 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 4of7 October 24, 2000 Councilmember Bass made an amending motion to remove the section on bed and breakfast on pages 29 and 30 The motion was seconded by Councilmember Fned Councilmember Bass withdrew his motion The ordinance as amended 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 10 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FUNDING ASSISTANCE FOR VILLAGE OF KEY BISCAYNE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR DISABILITY BENEFIT AS REPLACEMENT FOR PROVIDING FUNDING FOR DISABILITY INSURANCE, PROVIDING FOR 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 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2000, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000, FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTION OF A FIRE STATION, POLICE STATION, COMMUNITY CENTER AND VILLAGE ADMINISTRATIVE OFFICES, FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS, AWARDING THE SALE OF THE BONDS TO FIRST UNION NATIONAL BANK, PROVIDING FOR SECURITY FOR THE BONDS, PROVIDING OTHER PROVISIONS RELATING TO THE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE Councilmember Han made a motion to approve the resolution The motion was seconded by Vice Mayor Broucek 5of7 October 24, 2000 At this time Vice Mayor Broucek made a motion to extend the meeting to 11 30 p m The motion was seconded by Councilmember Bass 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 Mayor opened the public heanng Michele Padovan, 425 Grapetree Dnve, John Festa, 695 Harbor Lane, Jim Peters, 561 Allendale Road, Pat Weinman, 940 Manner Dnve, Michael Kahn, 881 Ocean Dnve addressed the Council The Mayor closed the public heanng Jeffrey D DeCarlo, Bond Counsel for the Village of Key Biscayne with Adorno & Zaeder, 2601 South Bayshore Dnve addressed the Council regarding this resolution The Manager and the Attorney addressed the Council regarding this resolution There was extensive discussion from Council regarding this issue Councilmember Oldakowski made a motion to extend the meeting to 11 45 p m The motion was seconded by Councilmember Fried and approved by a 6-1 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Han voting No The resolution was approved by a 6-1 roll call vote The vote was as follows Councilmembers Fein, Fned, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No 11 REPORTS AND RECOMMENDATIONS The following items were discussed Village Attorney The Attorney did not submit a report Village Clerk The Clerk submitted, for the Council's review, the certification of the October 3, 2000 pnmary election results Councilmember Han made a motion to accept the certification of the pnmary election results of October 3, 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, Fned, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Clerk submitted, for the Council's information the Miami Seaquanum Village Florida quality development, developer Marine Exhibition Corporation mentioning that Exhibit" F' is not included, but it is on file in the Office of the Village Clerk 6of7 October 24, 2000 The Clerk submitted copies of the following proclamations issued by the Mayor during the month of October proclaiming October 23-31, 2000 as "Red Ribbon Week", proclaiming the month of November 2000 as "National Epilepsy Awareness Month", proclaiming October 22-28, 2000 as "World Population Awareness Week", proclaiming the week of October 8-14, 2000 as "Fire Prevention Week" 12 OTHER BUSINESS/GENERAL DISCUSSION At this time Councilmember Han addressed the Council and the residents expressing his gratitude to all for the opportunity to serve on the Village Council Councilmember Bass addressed the Council regarding the proposed new trailers for the firefighters This item will be brought back at the meeting of November 14, 2000 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 14 ADJOURNMENT The meeting was adjourned at 11 40 p m fully submitted Conchzta H Alvarez, CMC Village Clerk Approved this 14th day of November , 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 7 of 7