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