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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 1 of 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 2 of 6 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 3of6 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 4of6 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 5of6 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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