HomeMy Public PortalAbout09-16-99 Regular Council Meeting.tifVILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
THURSDAY, SEPTEMBER 16 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 pm Present were Councilmembers Scott Bass, Martha F Broucek, Alan H Fein,
Mortimer Fried, 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 Weiss
2 INVOCATION Pastor Paul Manuel, Key Biscayne Presbyterian Church gave the
invocation
3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS There were no special presentations
5 PUBLIC COMMENTS The following residents addressed the Council Manuel Arias,
217 East Enid Drive
6 AGENDA The Deputy Clerk reported a scnbner s error in Item 8A and requested the
removal of Item 8B, since it had been approved at the September 9, 1999 Meeting, Councilmember
Broucek requested the addition of a discussion regarding Humcane Preparedness under Mayor and
Councilmembers as Item 9A6, the Manager requested the removals of Items 8D and 9D4 and the
addition of a report regarding the property at 580 Crandon Boulevard There were no objections to
the agenda changes
7 ORDINANCES There were no ordinances considered by Council
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September 16 1999
8 RESOLUTIONS 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 MIAMI-DADE COUNTY
SCHOOL BOARD AMENDMENT TO THE EXISTING LANDSCAPING SERVICES
LEASE AGREEMENT FOR THE KEY BISCAYNE COMMUNITY SCHOOL PROPERTY
APPROVED SUBSTANTIALLY AS TO FORM, PROVIDING FOR AN EFFECTIVE DATE
Councilmember 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, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
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 AGREEMENT WITH
MIAMI-DADE COUNTY TO INCREASE THE KEY BISCAYNE PUBLIC LIBRARY
HOURS OF OPERATION, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fried made a motion to approve the resolution 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
Yes
The Deputy Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING AN AGREEMENT FOR ARCHITECTURAL AND
ENGINEERING SERVICES FOR A POLICE STATION AND ADMINISTRATION
BUILDING, AND PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Han made a motion to approve the resolution The motion was seconded by
Councilmember Fried
The Manager brought to the attention of the Council that the title of this resolution should read "to
negotiate an agreement", not approving an agreement
The resolution was approved by a 5-2 voice vote The vote was as follows Councilmembers Fein
Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmembers Bass and
Broucek voting No
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September 16 1999
The Deputy Clerk read the following resolution by title
A RESOLUTION OF THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO SELECT UNIVERSAL FOUNTAINS
FOR THE CONSTRUCTION AND INSTALLATION OF A THREE-TIER, ILLUMINATED
FOUNTAIN TO BE LOCATED WITHIN THE TRAFFIC CIRCLE AT THE
INTERSECTION OF MASHTA DRIVE AND HARBOR DRIVE, AND PROVIDING FOR
AN EFFECTIVE DATE
Councilmember Fried made a motion to approve the resolution The motion was seconded by
Councilmember Fein and approved by a 6-1 voice vote The vote was as follows Councilmembers
Bass, Broucek, Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes Councilmember
Oldakowski voting No
9 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Rasco addressed the Council regarding changing the date of
the Sanitary Sewer Workshop to Tuesday, October 5, 1999 It was the consensus of Council to
change the date of the Workshop
Councilmember Fried addressed the Council and the public regarding the necessity of identification
stickers for Village residents
Councilmember Fried made a motion directing staff to have a decal designed for Village residents
and a card in order to enter the Beach Park 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 Yes
Chief of Police, Michael J Flaherty addressed the Council regarding this issue
Councilmember Broucek made a motion to direct the Village Attorney to prepare a proposed
ordinance amending the Village's zoning district regulations concerning all commercially zoned
lands situated on the West side of Crandon Boulevard, so as to provide appropriate Village zoning
districts and regulations in lieu of utilizing Miami -Dade County zoning districts and regulations
Mayor Rasco seconded the motion
Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding
this issue
The Attorney addressed the Council regarding this issue
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September 16 1999
Mr Bnan Belt, 201 South Biscayne Boulevard, representing Mr Roberto Cambo, Nancy
Doke Hamson, 200 West Mashta addressed the Council regarding this issue
The Broucek motion failed by a 3-4 voice vote The vote was as follows Councilmembers Broucek,
Oldakowski and Mayor Rasco voting Yes Councilmembers Bass, Fein, Fned and Vice Mayor Han
voting No
Councilmember Bass made a motion to amend the Village Manager's compensation package
Mayor Rasco seconded the motion and it failed by a 2-5 voice vote The vote was as follows
Councilmember Bass and Mayor Rasco voting Yes Councilmembers Broucek, Fein, Fned
Oldakowski and Vice Mayor Han voting No
Councilmember Bass addressed the Council bnefly regarding rescinding the Crandon Boulevard
portion of Fininvest Project
The Attorney addressed the Council regarding this issue
Councilmember Oldakowski made a motion to direct the Village Manager to present to Council an
implementation plan regarding short term improvements on Crandon Boulevard which will increase
the safety of pedestnans and bicyclists The motion was seconded by Councilmember Fein
Chief of Police, Michael J Flaherty addressed the Council regarding this motion
The Oldakowski motion 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
At this time Councilmember Bass made a motion to reconsider Item 9A2 The motion was seconded
by Councilmember Broucek and approved by a 4-3 voice vote The vote was as follows
Councilmembers Bass, Broucek, Oldakowski and Mayor Rasco voting Yes Councilmembers Fein,
Fned and Vice Mayor Han voting No
The Broucek motion (Item 9A2) was approved by a 4-3 roll -call vote The vote was as follows
Councilmembers Bass, Broucek, Oldakowski and Mayor Rasco voting Yes Councilmembers Fein,
Fned and Vice Mayor Han voting No
Councilmember Broucek addressed the Council and the public regarding Humcane Floyd and the
state of preparedness of the Village Mayor Rasco also addressed the Council regarding this issue
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September 16 1999
Village Attorney The Attorney presented to the Council a proposed ordinance of the Village of Key
Biscayne creating code section entitled cable television requiring all cable television providers
operating in the Village to obtain a franchise from the Village, providing for franchise requirements
and establishing minimum standards of service
The Attorney addressed the Council regarding the date for the second budget hearing Due to
Hurricane Floyd, Miami -Dade County is having their second budget hearing on September 21, 1999
According to the Florida Statutes no other community can have their hearing on the same date,
unless the Governor issues an emergency notice due to the Hurricane The Clerk was directed to
look into this matter and advise the Council
Village Clerk The Deputy Clerk addressed the Council regarding the need to appoint a voting and
alternate voting delegates to the 1999 Congress of Cities to be held in Los Angeles, California on
November 30 to December 4, 1999 It was the consensus of Council to appoint Mayor Rasco, Vice
Mayor Han and Councilmember Fried since they are all attending this Congress
Village Manager The Manager addressed the Council regarding a report indicating petroleum
contamination on 580 Crandon Boulevard Elaine Cohen, Weiss Serota Helfman and Edward Clark,
Clark Engineers & Scientists, Environmental Consultants for the Village, addressed the Council
regarding this issue
Councilmember Fein made a motion to give the Attorney authority to request an extension and to
terminate the contract if the request is denied 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, Fned,
Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
The Manager presented to the Council a request from the Mashta Island Association for a 3 -way
stop sign along North and South Mashta Drives
Councilmember Fried made a motion to authorize Miami -Dade County to study the above request
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 Yes
The Manager addressed the Council regarding the racoon issue
Bob Skinner, 561 Sabal Palm Drive addressed the Council regarding this issue
The Manager addressed the Council giving an update report regarding the swimming pool Staff will
have a subsequent report on this issue for the October Council Meeting
Susan Krupnick addressed the Council regarding this issue
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September 16 1999
The Manager addressed the Council regarding the 2000 Census Committee appointments
Councilmember Broucek, by consensus of Council, was appointed as liaison to this Committee The
Clerk was directed to call each Councilmember and get the names of their appointees
The Manager addressed the Council regarding the proposed Park/Vista sites (Mashta Island)
Councilmember Oldakowski made a motion to instruct the Manager to negotiate an offer to purchase
760 South Mashta Dnve The motion was seconded by Councilmember Bass
Councilmember Fein made a motion to table this item The motion was seconded by Mayor Rasco
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 Councilmember Fned was out of the
room at the time the vote was taken
The Manager presented to the Council a report regarding the property at 217 West Enid Dnve
The Manager addressed the Council regarding a recap of sanitary sewer bids stating that the results
are being evaluated by the Engineer and the Attorney
10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
12 ADJOURNMENT The meeting was adjourned at 10 20 p m
tfully s bm d
Conchrta H Alvarez, CMC
Village Clerk
Appr 2 : October , 1999
Joe I Rasco
Mayor
1
-ORI�D„i
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
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