HomeMy Public PortalAbout01-12-99 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
TUESDAY, JANUARY 12, 1999
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, Martha Broucek, Alan H Fein,
Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco Councilmember
Mortimer Fried was absent Also present were Village Manager C Samuel Kissinger, Village Clerk
Conchita H Alvarez and Village Attorney Richard Weiss
2 INVOCATION Attorney Weiss gave an invocation
3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS Mayor Rasco recognized the Village Clerk for obtauung
the Certified Municipal Clerk (CMC) designation from the International Institute of Municipal
Clerks for achieving its high educational experience and service requirements
Mayor Rasco on behalf of the Village Council presented a Proclamation to the members of the
Wmterfest Committee
Mr Andy Bnan, Museum Director, Historical Association of South Florida presented the 1998
AASLH award to the Village for the Key Biscayne Heritage Trail and Brochure
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January 12 1999
Mr Lynn Whisenhunt, General Manager, Adelphia Cable, addressed the Council and the public
regarding the services that Adelphia Cable provides to the residents of Key Biscayne Mr
Whisenhunt stated that the system capacity serving Key Biscayne will increase from the present 60
channels to 76 channels in this coming year The construction process of this upgrade will begin in
March and will be completed in May of this year Adelphia will conduct a survey, in conjunction
with the Village Manager, to all the residents of the island in May and will launch new services on
the island in June, 1999 Thanks to the graciousness of the Ocean Club Association, Adelphia will
install new antennas on top of the Ocean Club Towers
5 PUBLIC COMMENTS Lawrence Curtin, 215 Cranwood Drive, Ed Meyer, 100 Sunrise
Drive, Craig M Henry, 40 Island Drive addressed the Council
6 AGENDA Councilmember Broucek requested to hear Items 11A2 and 11A3 together and
requested the addition of a beef discussion regarding the delivery of agenda packages as Item 11A9,
Vice Mayor Han requested the addition of two inquiries for future action, status of Harbor Drive
beautification as Item 11 A 10 and vacating the street light special taxing district as Item 11A11,
Councilmember Bass requested the addition of a consideration to provide snacks for the public
attending Council Meetings as Item 11Al2, Councilmember Oldakowski requested the removal of
Items 7C and 7G from the consent agenda, Mayor Rasco requested the removal of Items 7E and 7F
from the consent agenda and Councilmember Fein requested the addition of a brief explanation of
sidewalks on West Heather as Item 11 A 13 There was no objection to the agenda changes
7 CONSENT AGENDA The following consent agenda was approved by a 6-0 voice vote
The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and
Mayor Rasco voting Yes
The Minutes of the Local Planning Agency Meeting of December 8, 1998 and the Minutes of the
Council Meeting of December 8, 1998
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
EASEMENT AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS,
PROVIDING FOR AN EFFECTIVE DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, RE -AUTHORIZING THE VILLAGE MANAGER TO PURCHASE A
BUILDING PERMIT SYSTEM FROM SIERRA COMPUTER SYSTEMS, INC,
AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE BY
PROVIDING FOR A NEW FEE TO PAY FOR THE COST OF PURCHASING AND
MAINTAINING THE BUILDING PERMIT SYSTEM, PROVIDING FOR AN EFFECTIVE
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January 12, 1999
DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE FIRST SERVE AT THE LIPTON TO CONDUCT A
CHARITY PROGRAM WHICH SHALL BENEFIT THE COMMUNITY FOR THE
HOMELESS AND THE ASHE-BUCHHOLZ TENNIS CENTER AT MOORE PARK,
PROVIDING FOR AN EFFECTIVE DATE
ANNUAL POLICE VEHICLE REPLACEMENT PROGRAM
8 RESOLUTIONS REMOVED FROM CONSENT AGENDA
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE
NEIGHBORHOOD PARKS BOND PROGRAM, PROVIDING FOR AN EFFECTIVE
DATE
Councilmember Oldakowski made an amending motion to add to Section 3 of the resolution " and
sexual orientation" The motion was seconded by Councilmember Fein and approved by a 4-2 voice
vote The vote was as follows Councilmembers Fein, Oldakowski, Vice Mayor Han and Mayor
Rasco voting Yes Councilmembers Bass and Broucek voting No
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 ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR ARCHITECTURAL FIRMS TO SUBMIT THEIR
QUALIFICATIONS FOR CONSIDERATION AND SELECTION BY THE VILLAGE
COUNCIL AS THE ARCHITECT FOR THE DESIGN AND CONSTRUCTION OF THE
EMERGENCY SERVICES COMPLEX ADMINISTRATION BUILDING
Councilmember Han made a motion to table this resolution to the Zoning meeting of January 26,
1999 The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote
The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and
Mayor Rasco voting Yes
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January 12, 1999
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER OF EXECUTE THE ATTACHED AGREEMENT FOR THE
PLANNING, ARCHITECTURE AND SERVICES IN CONNECTION WITH THE BEACH
PARK WITH 0 B M , MIAMI, INC , PROVIDING FOR AN EFFECTIVE DATE
Councilmember Han made a motion to approve the resolution The motion was seconded by
Councilmember Fein and failed by a 3-3 voice vote The vote was as follows Councilmembers
Fein, Oldakowski and Vice Mayor Han voting Yes Councilmembers Bass, Broucek and Mayor
Rasco voting No
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 SIGN A CONTRACT WITH
PORTUONDO, PEROTTI ARCHITECTS FOR CONSTRUCTION OF A PERIMETER
MASONRY SEAT WALL AT THE VILLAGE GREEN PARK, PROVIDING FOR AN
EFFECTIVE DATE
Councilmember Broucek made a motion to defer this resolution to the Council Meeting of February
9, 1999 The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice
vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han
and Mayor Rasco voting Yes
9 ORDINANCES The Clerk read the following ordinance, on first reading by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR
AN EFFECTIVE DATE
Councilmember Oldakowski made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Bass
The Mayor opened the public hearing There were no speakers present The Mayor closed
the public hearing
The ordinance was approved on first reading by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Broucek, Fem, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
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January 12, 1999
The Clerk announced the second reading of this ordinance for the Council Meeting of February 9,
1999
The Clerk read the following ordinance, on second leading by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
TITLE OF ARTICLE 11 FROM "AMENDMENTS TO ZONING ORDINANCE" TO
"ADMINISTRATION OF THE ZONING ORDINANCE", AMENDING CHAPTER 30
"ZONING" OF THE VILLAGE CODE BY AMENDING SECTION 30-23 "GRANTING OF
VARIANCES", RENUMBERING AND AMENDING SECTION 30-24 "ADMINISTRATIVE
VARIANCES" TO SECTION 30-25, CREATING SECTION 30-24 "SUPERVISORY
VARIANCES", AMENDING AND RENUMBERING SECTION 30-25 "PUBLIC HEARING
AND NOTICE OF HEARING" TO SECTION 30-28, RENUMBERING SECTION 30-26
"EX-PARTE COMMUNICATIONS TO SECTION 30-29, CREATING SECTION 30-26
"REGULATORY VARIANCES", CREATING SECTION 30-27 "SUMMARY OF
VARIANCE REGULATIONS", PROVIDING FOR SEVERABILITY, REPEALER,
INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN
EFFECTIVE DATE
Councilmember Han made a motion to adopt 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
Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council
regarding this ordinance
Councilmember Fem made an amending motion to add the following whereas clause "Whereas, the
Village Council of the Village of Key Biscayne also acts as the Local Planning Agency" The
motion was second by Councilmember Bass and approved by a 6-0 voice vote The vote was as
follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco
voting Yes
The ordinance as amended was approved on second reading by a 5-1 roll call vote The vote was
as follows The vote was as follows Councilmembers Bass, Fein, Oldakowski, Vice Mayor Han
and Mayor Rasco voting Yes Councilmember Broucek voting No
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January 12 1999
10 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE
FLORIDA, SUPPORTING THE MIAMI-DADE ORDINANCE AMENDING ARTICLES I,
II, III AND IV OF CHAPTER 11A OF THE CODE OF MIAMI-DADE COUNTY TO
PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION IN HOUSING
CREDIT AND FINANCE, PUBLIC ACCOMMODATIONS, AND EMPLOYMENT,
AMENDING ARTICLE VI RELATING TO THE OFFICE OF FAIR EMPLOYMENT
PRACTICES TO REQUIRE MIAMI-DADE COUNTY TO PROVIDE EQUAL
EMPLOYMENT OPPORTUNITY WITHOUT REGARD TO SEXUAL ORIENTATION,
PROVIDING SAVINGS CLAUSE, SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE
Councilmember Oldakowski made a motion to approve the resolution The motion was seconded
by Councilmember Fein and approved by a 5-1 voice vote The vote was as follows
Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
Councilmember Bass voting No
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
COASTAL SYSTEMS INTFRNATIONAL, INC CORAL GABLES, FLORIDA, FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE PROPOSED 1999 VILLAGE
BEACH NOURISHMENT, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Oldakowski made a motion to approve the resolution The motion was seconded
by Councilmember Broucek
Mr Philip G Flood, Environmental Manager, Flonda Department of Environmental
Protection addressed the Council regarding this resolution
The Manager addressed the Council regarding this resolution
Councilmember Broucek made an amending motion to add the following last whereas clause
"Whereas, it is anticipated that the cost of the professional engineering services provided for in this
resolution will be shared by the State and County governments" The motion was seconded by
Councilmember Bass and approved by a 6-0 voice vote The vote was as follows Councilmembers
Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
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January 12 1999
Councilmember Bass made an amending motion to amend the first whereas clause to include "as a
first priority" The motion was seconded by Councilmember Oldakowski and approved by a 6-0
voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice
Mayor Han and Mayor Rasco voting Yes
The resolution as amended was approved by a 6-0 voice call vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han 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, AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO
NEGOTIATE A PROPOSED CONTRACT FOR PURCHASE AND SALE BETWEEN THE
VILLAGE AND THE ESTATE AND TRUST OF C G "BEBE" REBOZO, CONCERNING
THE ACQUISITION OF APPROXIMATELY TWO ACRES OF LAND AT 560 CRANDON
BOULEVARD BY THE VILLAGE, REQUIRING SUBMITTAL OF PROPOSED
CONTRACT TO VILLAGE COUNCIL, PROVIDING EFFECTIVE DATE
Councilmember Fein 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 5-0 voice vote The vote was as follows Councilmembers
Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass
was out of the chamber 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, AUTHORIZING THE MAYOR WITH THE CONSENSUS OF COUNCIL TO
ESTABLISH A ZONING ORDINANCE REVIEW COMMITTEE FOR PURPOSES OF
ASSISTING STAFF IN THE PREPARATION OF A NEW ZONING ORDINANCE FOR
THE ENTIRE VILLAGE
Councilmember Han made a motion to approve the resolution The motion was seconded by
Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
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January 12 1999
11 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Councilmember Oldakowski addressed the Council stating that he had
requested that the Manager prepare a General Fund Financial Projections 1999-2003 in order to give
the Council and the community an idea of what the Village can afford before the Goals and
Objectives workshop
Councilmember Fein made a motion to instruct the Village Manager to make as a high priority the
identification of and notification to properties with sight -line swale violations that are a safety issue
The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote The
vote was as follows Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor
Rasco voting Yes Councilmember Bass voting No
There was extensive discussion from Council regarding this issue
Frederic Sherman, 320 West Heather Drive, Charles Sherman, 320 West Heather Drive and
Jim Taintor, 355 Harbor Drive addressed the Council regarding the swale issue
Councilmember Bass addressed the Council requesting from the Manager a list of funds switched
within the budget
Councilmember Bass addressed the Council regarding unlicensed contractors on Key Biscayne
Director Kurlancheek addressed the Council regarding this issue
Councilmember Bass addressed the Council regarding Resolution 98-60 (FEMA) requestmg more
information, specifically financial figures for Hurricane Georges The Manager will provide this
information to Councilmember Bass
Mayor Rasco deferred the item nominating a committee to develop an ordinance that would create
"The Key Biscayne Cultural Affairs Council" to the next Council meeting
Vice Mayor Han requested consensus from Council to request that the Manager report, at the next
Council meeting, regarding the status of the beautification on Harbor Drive
Vice Mayor Han addressed the Council requesting that the Manager present an analysis to vacate
the street light special taxing districts, before the budget meetings
Councilmember Bass addressed the Council requestmg consensus from Council to have snacks
available for the public attending the meetings There was no objection to the request
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January 12, 1999
Councilmember Fein addressed the Council regarding the issue of sidewalks on West Heather,
stating that this item will be part of the agenda for the next meeting
Councilmember Broucek addressed the Council regarding the delivery date for agenda packages
Councilmember Broucek made a motion requesting that the agenda packages be delivered on
Thursday before the Council Meeting The motion was seconded by Councilmember Han and
approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein,
Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
Village Attorney The Attorney addressed the Council regarding his memorandum to the Village
Council concerning prayer at Council Meetings The Attorney's opinion regarding this issue is that
it is constitutionally permissible to open a public meeting of a local municipality with a prayer as
long as that prayer is non-partisan or non -denominational and the prayer is not used to advance or
disparage any particular faith or belief
Councilmember Bass made a motion to abolish the invocation at the beginning of the Council
meetings The motion was seconded by Councilmember Broucek Councilmember Bass withdrew
his motion
Jacqueline de Leon, 650 Ocean Drive addressed the Council
The Attorney also addressed the Council regarding his letter to the Village Council concerning
compliance with debt limit ordinance of the Village of Key Biscayne Councilmember Oldakowski
requested consensus from Council to instruct the Manager to have Rachlin and Cohen address this
issue There was no objection to the request
Village Clerk The Clerk did not submit a report
Village Manager The Manager addressed the Council responding to Resolution 98-62 (additional
public meeting space) informing the Council that staff has contacted SunTrust Bank and is waiting
for a reply
The Manager addressed the Council giving an up -date report regarding the traffic calming master
plan approved by the Village Council in 1996
The Manager addressed the Council regarding the 1999 stormwater utility $7 2 million revenue bond
issue (Ordinance 98-9)
Percy Aguila, Financial Advisor, addressed the Council regarding this issue
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January 12 1999
Councilmember Broucek made a motion to accept the low bid of Nations Bank at a fixed annual rate
of 4 13% for 20 years and authorizing the Village Manager to take any and all actions necessary to
finalize the loan documents for the February 9, 1999 Council Meeting The motion was seconded
by Councilmember Fein and approved by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
The Manager addressed the Council regarding the public parking policy plan stating that after
consideration of this issue, staff has determined that there are several additional parking issues which
should also be considered The Manager has requested that the Building, Zoning and Planning
Director develop a draft document which addresses all the issues in question and it will be forwarded
to Council in late February or early March
The Manager presented the Council, for information purposes, a memorandum from Cone
Constructors, Inc Regarding the West Mashta Drive Bridge copper clad fuuals/flag poles with yard
arms
12 OTHER BUSINESS/GENERAL DISCUSSION Councilmember Fein bnefly addressed
the Council regarding the swale issue
13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council and the public
14 ADJOURNMENT The meeting was adjourned at 10 10 p m
Respectfully submitted
Conchcta H Alvarez, CMC
Village Clerk
App;
Joe I Rasco
Mayor
January , 1999
IFA 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