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Home My Public Portal About11-24-00 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 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 00 pm Present were Councilmembers Scott Bass, Mortimer Fned, Alan H Fein, Robert Oldakowski, James L Peters and Mayor Joe I Rasco Councilmember Martha F Broucek was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorney Stephen J Helfman 2 INVOCATION Reverend Gabriel Sinisi, St Chnstopher's by the Sea, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Mayor Rasco, on behalf of the Village Council, presented a proclamation to Ms Kate Hubbell on her retirement, for enriching St Christopher's Montesson School and the community 5 PUBLIC COMMENTS The following residents addressed the Council Isabel Gambino, 676 Ridgewood Road, Michel Padovan, 425 Grapetree Dnve 6 AGENDA Councilmember Bass requested the addition of a discussion regarding wheelchair access to the Beach Park as Item 10A11, Councilmember Fein requested to move Items 9C and 10D1 to the beginning of the agenda There was no objection to the agenda changes l of 7 November 14 2000 Councilmember Fried made a motion to defer Item 9C, the public hearing regarding the sanitary sewer improvement project, to March 2001 The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein Fried, Oldakowski, Peters and Mayor Rasco voting Yes The Attorney addressed the Council regarding this public heanng, stating that it needs to be re - advertised before it comes back before Council The Manager also addressed the Council regarding the sanitary sewer construction program It was the consensus of Council to get a legal opinion from the Village Attorney regarding the Charter amendment on special assessments Councilmember Fein excused himself from the meeting at 7 20 p m 7 CONSENT AGENDA The following consent agenda was approved by unanimous consent The minutes of the October 24, 2000 regular Council Meeting 8 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO AD VALOREM TAXATION, PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE VILLAGE, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION, PROVIDING FOR WAIVER OF EXEMPTION, PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, AND PROVIDING FOR EFFECTIVE DATE Councilmember Fned made a motion to adopt the ordinance on first 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 ordinance was adopted on first reading by a 5-0 roll call vote The vote was as follows Councilmembers Bass, Fned, Oldakowski, Peters and Mayor Rasco voting Yes The second reading of the ordinance will be on November 28, 2000 at 8 00 a m 2of7 November 14, 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 17-2 "DEFINITIONS" BY CLARIFYING THE TERM "CONSTRUCTION", AMENDING PARAGRAPH (F) "CONSTRUCTION" OF SECTION 17-3 "PROHIBITED ACTS" TO PROHIBIT NOISE FROM CONSTRUCTION ACTIVITIES ON SUNDAYS AND HOLIDAYS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE The Manager addressed the Council regarding this ordinance Councilmember Oldakowski made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Fned Jud Kurlancheek, Director of Building, Zoning and Planning and Deputy Chief of Police Cathy McElhaney addressed the Council regarding this ordinance The Attorney addressed the Council regarding this ordinance The Mayor opened the public hearing Doug Weiser, 455 Grand Bay Dnve, Camille Guething, 260 Seaview Dnve, Susan Krupnick, Key Biscayne addressed the Council The Mayor closed the public hearing Councilmember Peters made an amending motion to include Saturdays in Section 17-3 Prohibited Acts The motion was seconded by Councilmember Oldakowski and failed by a 3-2 roll call vote The vote was as follows Councilmembers Bass, Peters and Oldakowski voting Yes Councilmember Fried and Mayor Rasco voting No The ordinance was adopted on first reading by a 4-1 roll call vote The vote was as follows Councilmembers Fried, Oldakowski, Peters and Mayor Rasco voting Yes Councilmember Bass voting No 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 ENTER INTO THE ATTACHED AGREEMENT WITH RODRIGUEZ AND QUIROGA FOR A NEEDS ASSESSMENT/PROGRAMMING AND CONCEPTUAL DESIGNS RELATED TO THE VILLAGE COUNCIL CHAMBER/COMMUNITY THEATER, PROVIDING FOR AN EFFECTIVE DATE 3of7 November 14, 2000 Councilmember Fned made a motion to approve the resolution The motion was seconded by Councilmember Oldakowski Director Kurlancheek addressed the Council regarding this resolution The resolution failed by a 3-1 voice vote The vote was as follows Councilmembers Fried, Oldakowski and Mayor Rasco voting Yes Councilmember Peters voting No Councilmember Bass was out of the room at the time the vote was taken The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THIRD AMENDMENT TO VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, C SAMUEL KISSINGER, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution, extending the contract to June 21, 2001 The motion was seconded by Mayor Rasco The Manager addressed the Council regarding this resolution The resolution was approved by a 5-0 voice vote The vote was as follows Councilmembers Bass, Fned, Oldakowski, Peters and Mayor Rasco voting Yes At this time Item 10A7 was heard Councilmember Bass addressed the Council regarding the modus operandi regarding the selection of the next Village Manager Dr Steve Simon addressed the Council regarding the process to select the next Village Manager It was the consensus of Council to direct the Manager to get together with Dr Simon and bnng some guidelines for this process to the December 5, 2000 Council Meeting 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Rasco addressed the Council regarding safety on village streets Deputy Chief of Police McElhaney addressed the Council regarding this issue Councilmember Fein rejoined the meeting at 8 50 p m 4of7 November 14 2000 It was the consensus of Council to direct staff to bring back to the Council meeting of December 5, 2000 the following cost for the installation of a pedestrian signal fight at Crandon Boulevard and Sunnse Drive and the cost to change all traffic light intersections to be pedestrian friendly Conchita Suarez, 201 Crandon Boulevard and Camille Guething, 260 Seaview Dnve addressed the Council Councilmember Oldakowski made a motion to reconsider Item 9A The motion was seconded by Councilmember Peters and approved by a 5-0 voice vote The vote was as follows Councilmembers Fein, Fned, Oldakowski, Peters and Mayor Rasco voting Yes Councilmember Bass was out of the room at the time the vote was taken Councilmember Fned made a motion to approve the resolution The motion was seconded by Councilmember Fein and approved by a 5-0 voice vote The vote was as follows Councilmembers Fein, Fried, Oldakowski, Peters and Mayor Rasco voting Yes Councilmember Bass was out of the room at the time the vote was taken Mayor Rasco addressed the Council regarding the need for a policy on tree tnmming by Village/Village as bird sanctuary The Manager addressed the Council regarding the tree tnmming policy, stating that this incident will not happen again Councilmember Bass addressed the Council regarding the sign policy on village property The Attorney will work with staff in order to bring some guidelines to Council regarding this issue Councilmember Bass requested to defer the potential temporary new trailer for firefighters to the meeting of December 5, 2000 Councilmembers Fein and Bass addressed the Council regarding the firefighters salary disputes and living conditions It was the consensus of Council that the Manager bnng back with recommendations regarding this issue Conchita Suarez, 201 Crandon Boulevard, Camille Guething, 260 Seaview Dnve and Susan Krupnick, Key Biscayne addressed the Council regarding the firefighters Chief of Fire Rescue, John C Gilbert addressed the Council regarding the living conditions at the Fire Station and the repairs that have been made to it Councilmember Bass addressed the Council regarding the lawsuit of Mr James Pilafian vs Tesaurus Holdings and Village of Key Biscayne Sof7 November 14, 2000 Councilmember Bass addressed the Council regarding the breaking in and destruction of the Haunted House on the Village Green and the possible cancellation of next year's festivities Councilmember Bass addressed the Council regarding the bidding process for mechanical work on village police cars The Manager addressed the Council regarding this issue Councilmember Bass addressed the Council regarding wheelchair access to the Beach Park Village Attorney The Attorney addressed the Council regarding the options for playing fields at Crandon Park It was the consensus of Council to direct the attorney to look into this issue Camille Guething, 260 Seaview Drive addressed the Council Village Clerk The Clerk addressed the Council regarding the certification of the regular municipal election held on November 7, 2000 Councilmember Fein made a motion accepting the Clerk's certification of the election results of the regular municipal election held on November 7, 2000 The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski, Peters and Mayor Rasco voting Yes Pursuant to Section 2 02 of the Village Charter, an election was held for the Vice Mayor's seat Councilmember Fried nominated Councilmember Fein The motion was seconded by Councilmember Oldakowski Councilmember Fein declined Councilmember Fein nominated Councilmember Oldakowski The motion was seconded by Councilmember Peters Councilmember Oldakowski declined Councilmember Bass nominated Councilmember Fned The motion was seconded by Councilmember Peters and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski, Peters and Mayor Rasco voting Yes The Clerk presented to the Council the proposed 2001 Council meeting schedule There were some changes made to the proposed Council meeting schedule The Clerk reported that the Office of the Mayor had issued the following proclamation dunng the month of October The Cuban-Amencan National Council Village Manager The Manager addressed the Council regarding the awarding of a contract for the installation of underground luminanes along Seaview Drive and portions of Crandon Boulevard 6of7 November 14 2000 Vice Mayor Fned made a motion to award the contract to South Florida Coastal Electnc, Inc in the amount of $67,980 The motion was seconded by Mayor Rasco and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fned and Mayor Rasco voting Yes The Manager addressed the Council regarding the 20 mile speed limit recently established for Village streets Deputy Chief of Police McElhaney addressed the Council regarding this issue 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 9 55 p m Res ' ully subm ed Conchita H Alvarez, CMC Village Clerk r 1 ' ttl r tT Approved this 28th 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