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Home My Public Portal About07-20-99 Regular Council Meeting ( Continuation of 7-06-99).tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA (CONTINUATION OF JULY 6, 1999 COUNCIL MEETING) TUESDAY, JULY 20 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 F Broucek (arnved at 7 05 p m ), Alan Fein (arnved at 7 05 p m ), Mortimer Fned Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Pamela J Rome and Village Attorney Richard J Weiss 2 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 3 AGENDA Mayor Rasco requested the removal of Item 4G from the Consent Agenda 4 CONSENT AGENDA Councilmember Fned made a motion to approve the following consent agenda The motion was seconded by Vice Mayor Han and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No The minutes of the Local Planning Agency Meeting of June 22, 1999, the minutes of the Zoning Meeting of June 22, 1999 and the minutes of the Regular Council Meeting of July 6, 1999 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FIRST SERVE AT THE ERICSSON TO CONDUCT A CHARITY PROGRAM WHICH SHALL BENEFIT THE COMMUNITY PARTNERSHIP FOR THE HOMELESS AND THE ASHE-BUCHHOLZ TENNIS CENTER AT MOORE PARK, PROVIDING FOR AN EFFECTIVE DATE 1 of 7 July 20 1999 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H WAKEFIELD, CHARLES FRED REBOZO AND MARY R BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AS MODIFIED AND AMENDED, AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE, AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT, AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION, PROVIDING FOR EFFECTIVE DATE, SUPERCEDING RESOLUTION NO 99-48 ON THE SAME SUBJECT A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY ESTABLISHING LOCAL COST -SHARING COMMITMENTS AND PROJECT IMPLEMENTATION RESPONSIBILITIES FOR THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED ADDENDUM TO THE AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC CORAL GABLES, FLORIDA, FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PROPOSED 1999 VILLAGE BEACH NOURISHMENT, PROVIDING FOR AN EFFECTIVE DATE 5 ITEM REMOVED FROM THE CONSENT AGENDA The Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED PROJECT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) BUREAU OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM ESTABLISHING STATE COST -SHARING COMMITMENTS AND PROJECT IMPLEMENTATION 2of7 July 20 1999 RESPONSIBILITIES FOR THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Vice Mayor Han Mayor Rasco addressed the Council and the public regarding this resolution stating that the Village will not be required to have an open public access to the new beach park at the end of East Enid Drive The Village Manager also addressed the Council The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Staff was instructed to look into the issue of the beach public access and report back at the next Council meeting At this time Councilmember Broucek thanked the Council and the public for their expressions of condolence received on the death of her mother 6 ORDINANCES There were no ordinances considered by Council 7 RESOLUTIONS The Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, C SAMUEL KISSINGER, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Han made a motion to approve the resolution The motion was seconded by Councilmember Fried Maria Zayas-Bazan, 662 Glenndge Road, Haydee Archibald, 881 Ocean Drive, Ed Meyer, 100 Sunrise Drive, James L Peters, 561 Allendale Road addressed the Council Vice Mayor Han made an amending motion to amend Section 3 of the Employment Agreement as follows in the event that the employee is terminated the Village will provide a six (6) month severance pay The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote The vote was as follows Councilmembers Fein Fried Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Broucek voting No Councilmember Bass was absent during the vote 3of7 July 20 1999 It was the consensus of Council to evaluate the Manager at a future date, as specified in Section 6 of the Employment Agreement The resolution as amended was approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No The Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR SERVICES BETWEEN THE BUILDING CONSTRUCTION SECTION OF THE DEPARTMENT OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA AND THE VILLAGE OF KEY BISCAYNE, FOR PROJECT MANAGEMENT SERVICES IN CONNECTION WITH THE PROPOSED VILLAGE COMMUNITY CENTER, FIRE STATION, POLICE STATION AND VILLAGE ADMINISTRATIVE OFFICES (THE "PROJECT"), PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Han made a motion to approve the resolution The motion was seconded by Mayor Rasco and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No The Deputy Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Han made a motion to approve the resolution amending Section 1 by deleting $3 61 and inserting $3 606 The motion was seconded by Councilmember Oldakowski Councilmember Broucek made an amending motion to change the date of the first budget hearing to September 9, 1999 The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Roberto Fabncio 200 Ocean Lane Drive addressed the Council 4of7 July 20 1999 The resolution as amended was approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No 8 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Rasco made a motion to reappoint Rosemary Sala and Dennis O'Hara as Special Masters Councilmember Broucek seconded the motion and it was approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Oldakowski Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass addressed the Council regarding the possible of annexation of Stiltsville Councilmember Bass made a motion to authonze the Attorney to study for a maximum of seven (7) hours, the possibility of annexing Stiltsville to the Village of Key Biscayne The motion was seconded by Mayor Rasco James DeCocq, Assistant to the Village Manager addressed the Council regarding this issue The Bass motion was approved by a 4-3 voice vote The vote was as follows Councilmembers Bass, Broucek, Fried and Mayor Rasco voting Yes Councilmembers Fein, Oldakowski and Vice Mayor Han voting No Councilmember Bass addressed the Council regarding the Village undertaking mosquito spraying Councilmember Broucek made a motion to make appointments for the Police Officers and Firefighters' Pension Plan Board of Trustees The motion was seconded by Councilmember Fried Councilmember Broucek made a motion to appoint Ms Sandra Winters and Barclay Cale to this Board, subject to their approval The motion was seconded by Mayor Rasco and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Broucek addressed the Council giving an update regarding the task force to study the feasibility of providing transportation within the Village for our residents Councilmember Bass addressed the Council regarding the 1998 Annual Report Councilmember Oldakowski made a motion to instruct the Village Manager to submit monthly reports to the Village Council summarizing the timeline of all pending items The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass Broucek, Fein, Fried Oldakowski Vice Mayor Han and Mayor Rasco voting Sof7 July 20 1999 Yes Village Attorney The Attorney addressed the Council regarding a proposed cable regulation ordinance Village Clerk The Clerk submitted a copy of a proclamation issued by the Mayor during the month of June recognizing Mrs Rosa Sugranes At this time Councilmember Broucek made a motion Instructing the Manager to purchase a photocopier for the Office of the Village Clerk The motion was seconded by Councilmember Fried and approved by a 6-1 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes Vice Mayor Han voting No Village Manager The Manager addressed the Council regarding the Special Council Meeting scheduled for July 30, 1999 to consider a resolution to award the bid concerning the $10 Million Bond issue to NationsBank It was the consensus of Council to re -schedule this meeting, due to the fact that some Councilmembers will not be able to attend the July 30, 1999 Special Council Meeting The Manager presented to the Council a revised sanitary sewer construction schedule It was the consensus of Council to hold a Special Council Meeting on Thursday October 7, 1999 to discuss the Sanitary Sewer The Manager addressed the Council regarding the Key Biscayne Community School landscaping agreement It was the consensus of Council that the manager contact School Representative Manty Sabates Morse and Mr Roger Cuevas, Superintendent of Schools regarding this issue The Manager addressed the Council regarding the summer camp swimming program The Manager addressed the Council regarding the refuse collections recycling and disposal proposals 9 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 10 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 11 ADJOURNMENT The meeting was adjourned at 9 40 p m 6of7 July 20 1999 Reset, fully submitted onchita H Alvarez, CMC Village Clerk 4''P Joe I Rasco Mayor Approved this 31st day of August , 19 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