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
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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
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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
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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
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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
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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
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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
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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