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HomeMy Public PortalAbout10-12-99 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 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 pm Present were Councilmembers Scott Bass (arrived 7 10 pm), Alan H Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco Councilmember Martha F Broucek was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorneys David Wolpin and Richard Weiss 2 INVOCATION Father Gabriel Sinisi, Saint Christopher's -by -the -Sea, gave the invocation Mayor Rasco welcomed Father Sinisi to the Village of Key Biscayne 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 Camille Guething, 260 Seaview Drive, Jim Asher, 381 West Heather Drive 6 AGENDA The Attorney requested to substitute Item 10B by an ordinance as Item 8A, Mayor Rasco requested the addition of a discussion concerning sending a letter to affected residents regarding the sanitary sewer as Item 11A4, Councilmember Fein requested the addition of a quick report regarding traffic circles as Item 11A5, Councilmember Oldakowski requested the addition of a brief discussion regarding the compensation study as Item 11A6 There were no objections to the agenda changes 1 of7 October 12 1999 7 CONSENT AGENDA The minutes of the Special Council Meeting of July 23, 1999, the minutes of the Regular Council Meeting of September 16, 1999 and the minutes of the Second Budget Hearing of September 21, 1999 were approved by unanimous consent 8 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE FOR THE RESIDENTIAL AREAS OF THE VILLAGE BETWEEN THE VILLAGE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC , PROVIDING AN EFFECTIVE DATE Vice Mayor Han made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Fned The Manager addressed the Council regarding this ordinance stating that BFI was the low bidder The ordinance was approved on first reading by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The Clerk announced the second reading of this ordinance for October 26, 1999 9 PUBLIC HEARING FOR SOLID WASTE FEE The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REVISING FEES FOR THE COLLECTION OF SOLID WASTE AND FOR THE PROVIDING OF RECYCLING SERVICES, AMENDING FEES PROVIDED BY RESOLUTION 95-9, REPEALING RESOLUTION 95-9, PROVIDING AN EFFECTIVE DATE Vice Mayor Han made a motion to approve the resolution The motion was seconded by Councilmember Oldakowski The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The resolution was adopted by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 2of7 October 12 1999 10 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING SYMPATHY IN THE DEATH OF JACQUELINE V DE LEON, AND PROVIDING FOR AN EFFECTIVE DATE Mayor Rasco made a motion to approve the resolution The motion was seconded by Councilmember Fein and adopted by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, 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, PROVIDING FOR APPOINTMENTS TO THE ZONING ORDINANCE REVIEW COMMITTEE AS PROVIDED FOR IN RESOLUTION NO 99-8, AND PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Han made a motion to approve the resolution appointing Conchita Suarez and Michael Kahn to the ZORC Committee The motion was seconded by Councilmember Oldakowski and adopted by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, 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 TO EXECUTE THE ATTACHED AGREEMENT WITH GORGEOUS LAWNS, MIAMI, FLORIDA, FOR THE INSTALLATION OF LANDSCAPING, PAVERS, AND BENCHES WITHIN THE EASEMENT ADJACENT TO THE FERNWOOD ROAD PERIMETER OF THE BELLSOUTH PROPERTY, 89 WEST WOOD DRIVE, AND PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Han made a motion to approve the resolution The motion was seconded by Mayor Rasco The Manager addressed the Council regarding this resolution The resolution was adopted by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fried, Oldakowski Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No 3of7 October 12 1999 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO AWARD A SIDEWALK CONSTRUCTION CONTRACT FOR WEST WOOD DRIVE AND WEST HEATHER DRIVE TO MEF CONSTRUCTION, INC , PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution The motion was seconded by Vice Mayor Han The Manager addressed the Council regarding this resolution stating that after the contractor finishes working on the traffic calming devices on Island Drive, a work order will be issued to start the work on West Heather Drive The traffic calming devices on West Wood Drive are on hold due to the proposed sanitary sewer project Tony Nolan, Williams Hatfield Stoner addressed the Council regarding the sidewalks recommeding that the sidewalks be built 8' from the edge of pavement Vice Mayor Han made a motion to accept the engineers recommendation to build a 5' sidewalk, 8' from the edge of pavement on the south side of West Heather Drive and on the south side of West Wood Drive from Harbor Drive to Curtiswood Drive and on the north side of West Wood from Curtiswood Drive to Crandon Boulevard as indicated in the plans The motion was seconded by Councilmember Oldakowski The following residents addressed the Council Dean Holderman, 228 West Wood Drive, Meg Holderman, 228 West Wood Drive, Jim Asher, 381 West Heather Drive There was extensive discussion from Council regarding this issue The Attorney addressed the Council regarding the sidewalks The motion was approved by a 4-2 roll -call vote The vote was as follows Councilmembers Bass, Fried, Oldakowski and Vice Mayor Han voting Yes Councilmember Fein and Mayor Rasco voting No Meg Holderman 228 West Wood Drive addressed the Council The resolution was adopted by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No 4of7 October 12 1999 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Rasco addressed the Council regarding the easement at the Beach Park with a possible solution to the problem and that is that the East Enid Dnve residents will be able to use the Sunrise Drive easement Manuel Arias, 217 East Enid Drive, President of Gardens of Key Biscayne addressed the Council Councilmember Bass addressed the Council regarding a request from Miami -Dade County in reference to the Dr Handwerker Monument The Manager was directed to look into this matter Vice Mayor Han made a motion to request that the Village Attorney draft a resolution stating the Council's position on future referenda that do not follow submission procedure in the Village Charter The motion was seconded by Councilmember Fein and failed by a 3-3 voice vote The vote was as follows Councilmembers Fein, Fried and Vice Mayor Han voting Yes Councilmembers Bass, Oldakowski and Mayor Rasco voting No The Attorney addressed the Council regarding the above motion Mayor Rasco made a motion to mail out a letter informing the affected property owners in regards to the final hearing on November 9, 1999 in reference to the sanitary sewer system with basic information regarding the items to be discussed at the meeting The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Fein addressed the Council regarding the beautification of traffic circles on West Mashta Drive Councilmember Oldakowski addressed the Council regarding the compensation study for the Village, stating that this item will be brought before Council within the next two months Village Attorney The Attorney addressed the Council informing them that a letter will be sent to them regarding two litigation matters dealing with zoning items The Village Attorney addressed the Council regarding the urgency of an Executive Session regarding Crandon Park It was the consensus of Council to hold an Executive Session on Friday, October 15, 1999at800am S of 7 October 12 1999 At this time it was the consensus of Council to discuss Item 11D5 The Attorney addressed the Council regarding the acquisition of the 560 Crandon Boulevard property stating his recommendation not to close on this property Elaine Cohen, Weiss Serota Helfman Pastonza & Guedes addressed the Council regarding this issue Vice Mayor Han made a motion to terminate the contract to purchase the above mentioned property The motion was seconded by Councilmember Bass Vice Mayor Han withdrew his motion There was extensive discussion from Council on this issue Councilmember Bass made a motion to terminate the contract to purchase the above mentioned property The motion was seconded by Mayor Rasco and failed by a 2-4 voice vote The vote was as follows Councilmember Bass and Mayor Rasco voting Yes Councilmembers Fein, Fried, Oldakowski and Vice Mayor Han voting No Councilmember Fein made a motion to go ahead with the closing to purchase the above mentioned property The motion was seconded by Vice Mayor Han and approved by a 4-2 voice vote The vote was as follows Councilmembers Fein, Fried, Oldakowski and Vice Mayor Han voting Yes Councilmember Bass and Mayor Rasco voting No Village Clerk The clerk submitted the Certification of the Special Election held October 5, 1999 Vice Mayor Han made a motion accepting the certification of the October 5, 1999 Special Election results as presented by the Clerk The motion was seconded by Councilmember Fein and adopted by a 5-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Oldakowski was out of the room at the time the vote was taken Village Manager The Manager submitted to Council a report regarding the proposed Fire Station John C Gilbert, Chief of Fire Rescue addressed the Council regarding the new proposed Fire Station At this time Chief Gilbert introduced the new Deputy Fire Rescue Chief, Franklin Barron The Manager addressed the Council announcing that the Finance Director has submitted his letter of resignation The Manager addressed the Council reporting on the transportation issue within the Village The Chamber of Commerce will hold a symposium regarding this issue within the next two weeks and will have a final report to Council by the end of the year 6of7 October 12 1999 The Manager submitted to Council an update regarding the Village s Y2K compliance The Manager presented to Council a Hurncane Preparedness report prepared by the Fire Rescue and BZP Departments The Manager addressed the Council regarding the speed limits within the Village stating that the Chief of Police is working on a study that will be ready by the end of the year The Manager addressed the Council regarding a request from Richard B Pinsky, the Village's Lobbyist and the Vice Mayor regarding the Village's program for the year 2000 and any other issue that the Council would like to be involved with It was the consensus of Council that the Manager create a list of issues that the Village would like to be involved with for the year 2000 and bnng it before Council at a future meeting 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 14 ADJOURNMENT The meeting was adjourned at 9 40 p m Re i ec fully submitted Conchita H Alvarez, CMC Village Clerk lalecx16' Approved this 26th day of October , 1999 Joe I Rasco Mayor 114A- 4:101-00tv 14 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