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Home My Public Portal About06-08-99 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 8, 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 Martha F Broucek, Alan H Fein (arrived at 7 10 p m ), Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco Councilmember Scott Bass was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorney Richard Weiss 2 INVOCATION Reverend Jose Luis Hernando, Saint Agnes Catholic Church, gave the invocation 3 PLEDGE OF ALLEGIANCE Councilmember Broucek led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS The special presentation by Mr Sonny Holzman, Chairman Miami -Dade Expressway Authority, on the topic "Just Say No To Gridlock" was deferred At this time the Mayor introduced Alexandra Figueredo, Kelly Sarasua and Franke Greco, who addressed the Council regarding the play "You're a Good Man Charlie Brown" inviting the Council and all residents to attend the show Joshua Alweiss, Boy Scouts of America, Eagle Scout Candidate presented to the Council a Proposed Project regarding Planting for the Lake Park 5 PUBLIC COMMENTS There were no speakers present 1 of7 June 8 1999 At this time the Mayor addressed the Council regarding Councilmember Bass' health, wishing him a prompt recovery The Mayor also reported that Jacqueline de Leon, one of our residents, is very ill and also wished her, on behalf of the Council a prompt recovery 6 AGENDA Councilmember Fein requested the removal of Item 7B from the consent agenda There was no objection to the agenda change 7 CONSENT AGENDA Councilmember Fned made a motion to approve the following consent agenda The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The minutes of the Zoning Meeting of May 25, 1999 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING THE FLORIDA BUILDING COMMISSION TO ADOPT A FLORIDA BUILDING CODE THAT WILL MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO THE RESIDENTS OF MIAMI-DADE COUNTY, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO WAIVE THE COMPETITIVE BIDDING PROCEDURES IN ACCORDANCE WITH KEY BISCAYNE PURCHASE CODE SEC 2-85 ALLOWING THE VILLAGE MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH CHRISTMAS DESIGNERS, INC , PROVIDING FOR AN EFFECTIVE DATE 8 ORDINANCES The Clerk read the following ordinance, by title, on first reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE Vice Mayor Han made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Broucek Councilmember Oldakowski made an amending motion to include in the first whereas clause the following language refunding the Village's 9 2 million dollar land acquisition revenue bonds senes 1993 The motion was seconded by Councilmember Fein and failed by a 2-4 roll call vote The vote was as follows Councilmembers Fein and Oldakowski voting Yes Councilmembers Broucek, Fried, Vice Mayor Han and Mayor Rasco voting No 2of7 June 8 1999 The ordinance was approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The Clerk announced the second reading of this ordinance for June 22, 1999 The Clerk read the following ordinance, by title, on second reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR PROPOSED AMENDMENT OF THE VILLAGE CHARTER, BY AMENDING ARTICLE VII "GENERAL PROVISIONS" BY CREATING SECTION 7 08, "CHARACTER OF RESIDENTIAL STREETS," PROVIDING FOR RESTRICTION UPON ACTION BY THE VILLAGE TO ALTER LANDSCAPING AND IMPROVEMENTS UPON SWALE AREAS OF STREETS, PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, OCTOBER 5, 1999, PROVIDING FOR NOTICE OF ELECTION, PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR EFFECTIVE DATE Councilmember Oldakowski made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Fried Councilmember Fein made an amending motion to add the following last whereas clause Whereas, this Council has serious reservations regarding both the wisdom and legality of the proposed amendment, but wishes to submit it to the electors of Key Biscayne in accordance with the spirit of the present Village Charter The motion was seconded by Vice Mayor Han The Attorney addressed the Council regarding the amendment The Mayor opened the public hearing Jim Taintor, 355 Harbor Drive The Mayor closed the public hearing The amending motion was approved by a 5-1 roll call vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes Mayor Rasco voting No The Attorney addressed the Council regarding this ordinance The Ordinance as amended was approved on second reading by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Fein, Fried Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 3of7 June 8 1999 9 RESOLUTIONS 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 PINSKY MITCHELL PARTNERS, WEST PALM BEACH, FLORIDA, FOR PROFESSIONAL INTERGOVERNMENTAL REPRESENTATION, PROVIDING FOR AN EFFECTIVE DATE Councilmember Broucek made a motion to approve the resolution The motion was seconded by Councilmember Fried Councilmember Oldakowski made an amending motion to the agreement under Section 2 to delete the second and third sentences and add to the first sentence the following "$2500 per month as an annual retainer paid over a 12 month period" The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The resolution as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING SITE PLAN "B" FROM THE CIVIC CENTER WORKSHOP AS "THE VILLAGE CIVIC CENTER SITE PLAN", PROVIDING FOR AN EFFECTIVE DATE Councilmember Fein made a motion to approve the resolution The motion was seconded by Vice Mayor Han Raul Lastra, OBM Miami addressed the Council regarding the different site plans for the Village's Civic Center Julie Alvarez, 150 Sunrise Drive addressed the Council Councilmember Fried made an amending motion to create a new Section 2 as follows That the Village Council establishes the following dates to start construction of the Fire Station on October 1999, the Police Station on January 2000 and the Community Center on March 2000 and to hold a consultants meeting by November 1999 The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The resolution as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried Oldakowski Vice Mayor Han and Mayor Rasco voting Yes 4of7 June 8 1999 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING PROCEDURES AND RULES FOR THE HEARING OF QUASI- JUDICIAL MATTERS, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Councilmember Broucek At this time the Council took a 5 minute recess The Attorney addressed the Council regarding this resolution The resolution was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Broucek addressed the Council regarding the feasibility of providing transportation within the Village for our residents Councilmember Broucek made a motion to instruct the Village Manager to study the feasibility of providing transportation within the Village foi our residents The motion was seconded by Councilmember Oldakowski Pamela Kirkpatrick, Executive Director, Key Biscayne Chamber of Commerce, Michael Kahn, 881 Ocean Drive, Conchita Suarez, 201 Crandon Boulevard, Albert Vivas, 819 Harbor Driver, Alan Sonnabend, President, Key Biscayne Chamber of Commerce addressed the Council The Broucek motion was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Fried addressed the Council regarding the Rickenbacker Causeway Toll Mayor Rasco addressed the Council requesting an update from the Manager regarding the Beach Park Raul Lastra, OBM Miami, Inc addressed the Council regarding the Beach Park Sof7 June 8, 1999 It was the consensus of Council to direct staff to proceed with the construction of the Palm Court and those related items which do not require State permitting Vice Mayor Han made a motion to appoint Mayor Rasco as the voting delegate and Councilmember Fried as the alternate voting delegate to the 73rd Annual Conference, Florida League of Cities, Inc , Lake Buena Vista, Florida The motion was seconded by Councilmember Broucek and 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 Fried was absent during the vote Mayor Rasco made a motion to schedule a Sanitary Sewer Workshop some time between July and September, 1999 It was the consensus of Council to tentatively schedule the workshop for October 19, 1999 Village Attorney The Attorney did not submit a report Village Clerk The Clerk submitted a copy of the following proclamations issued by the Mayor during the months of May and June recognizing Poppy Week in Key Biscayne, recognizing Key Biscayne Fire Appreciation Week and recognizing Mrs Willie Mae Robinson for her retirement as teacher from the Key Biscayne Community School Village Manager The Manager reported on the status of the following contracts Division of Management Services and Robert G Currie Partnership stating that they will be completed by June 22, 1999 Council Meeting The Manager addressed the Council regarding Adelphia Cable reporting that this hearing coming up on June 15, 1999 is extremely important, urging all residents to attend the meeting The Attorney addressed the Council regarding the cable service on Key Biscayne 11 OTHER BUSINESS/GENERAL DISCUSSION At this time Councilmember Fein addressed the Council requesting an update report on the landscaping for the traffic calming circles and the deplorable condition of the school yard at the Key Biscayne Community School The Village Manager addressed the Council stating that the landscaping for the traffic calming circles is under way and also stated that staff will look into the school yard problem 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 13 ADJOURNMENT The meeting was adjourned at 9 40 p m 6 of 7 June 8 1999 Resp ' lly submitted Conchita H Alvarez, CMC Village Clerk Approved this 22nd day of June , 1999 Joe I Rasco Mayor r ' v. 4 hi .` �.t ithii—Pj's>/ 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 7of7