HomeMy Public PortalAbout02-09-99 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 9, 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 p m Present were Councilmembers Scott Bass (arrived 7 09 p m ), Martha
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, 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 Mayor Rasco led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS Mayor Rasco, on behalf of the Village Council presented
a proclamation to Mr Marco Madariaga for his efforts towards the people of Tela, Honduras due to
the devastation of Hurricane Mitch
5 PUBLIC COMMENTS Craig Henry, 40 Island Drive, Charles Sherman, 301 Sunrise
Drive addressed the Council
At this time Mayor Rasco addressed the Council and the public regarding his recent trip to the
Mayor's Conference in Washington, D C
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February 9 1999
6 AGENDA Councilmember Fried requested the addition of a brief discussion regarding
noise pollution as Item 11A9, Councilmember Broucek requested to add a brief discussion regarding
an initiative from a Miami -Dade County Commissioner as Item 11A 10 and the removal of Item 7D
from the consent agenda, Vice Mayor Han requested to move Item 11 D 1 (Sidewalks) to the
beginning of the resolution section as Item 10A, Mayor Rasco requested the removal of Items 7E
and 7F from the consent agenda, Councilmember Bass requested to remove Item 11A6 from the
agenda, the Manager requested to remove Item 11D2 from the agenda and the addition of a brief
discussion regarding a gift for the Village as Item 11D7 and a report from the Police Department as
Item 11D 8
7 CONSENT AGENDA The following consent agenda was approved by a unanimous vote
The Minutes of the January 19, 1999 Goals and Objectives Workshop, the minutes of the January
26, 1999 Local Planning Agency Meeting and the minutes of the January 26, 1999 Zoning Meeting
8 BUILDING, ZONING AND PLANNING All witness giving testimony in the following
zoning hearing were sworn in by the Clerk
Hearing Number 99 -0209 -VC -01 The applicant, Saint Agnes Catholic Church, 122 Harbor Drive,
wishes to waive the below public notice requirements with regard to operating a carnival at 122
Harbor Drive, Key Biscayne from March 12, 1999 thru March 14, 1999 (1) Written waivers of
objection for the specific use and length of time that the carnival will remain in the location are
obtained from all property owners within five hundred feet (500'), (2) Written waivers of
objections are obtained from eighty percent (80%) of the owners or tenants or residential buildings
within one thousand feet (1,000') and subsequent investigation by the Director does not determine
other objections, and provided further that no such use shall be for more than fifteen (15) days
Councilmember Fried made a motion to approve the request with the following conditions as
recommended by staff 1 The Unusual Use Permit would be considered as a permanent approval
of a carnival at the site subject to the annual issuance of a Special Event Permit by the Village
Manager, 2 The Special Event Permit will be issued subject to a) The Manager determining that
the previous year's carnival did not have a negative impact on the surrounding properties b) The
site for the carnival shall be limited to property presently owned by the Church c) The Dade
County Health Department and the Village's Fire Department, Police Department and Building,
Zoning and Planning Departments must approve the Permit prior to approval by the Manager d )
The applicant must obtain permits and inspection approval from the Village for electrical,
mechanical, plumbing and structure e) Applicant shall obtain all applicable county and state
permits, inspections and approvals f) All rides and musical equipment shall be shut down at 11 00
p m g) It shall be the responsibility of the applicant and/or sponsor to control the demeanor and
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February 9 1999
action of the carnival employees, 3 There shall be a 25 ft Setback from all property lines and/or
easement lines and 75 ft From any building not owned by the Church, 4 Light standards shall be
located to minimize spillage on adjacent properties, 5 That a mrnimum of 5 on -site parking spaces
be provided per carnival ride The motion was seconded by Councilmember Broucek
The Mayor opened the public hearing There were no speakers present The Mayor closed
the public hearing
The request was approved by a 6-1 roll call vote The vote was as follows Councilmembers
Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember
Bass voting No
Hearing Number 99 -0209 -VC -02 The applicant, Adelphia Cable, 785 Crandon Boulevard, is
requesting approval of an unusual use to install four (4) masts with TV antennas on the roof top of
Club Tower Two Condominium in the Ocean Club Development located at 785 Crandon Boulevard
Councilmember Fein made a motion to approve the request 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 request was approved by a 7-0 roll call vote The vote was as follows Councilmembers Bass,
Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
9 RESOLUTIONS REMOVED FROM CONSENT AGENDA
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 ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR ARCHITECTURAL FIRMS TO SUBMIT THEIR
QUALIFICATIONS FOR CONSIDERATION AND SELECTION BY THE VILLAGE
COUNCIL AS THE ARCHITECT FOR THE DESIGN AND CONSTRUCTION OF THE
EMERGENCY SERVICES COMPLEX ADMINISTRATION BUILDING
Councilmember Fein made a motion to approve the resolution The motion was seconded by
Councilmember Fried
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February 9 1999
Mayor Rasco made a motion to substitute the Village Manager in Section 2, by the Village Council
The motion was seconded by Councilmember Broucek and approved by a 5-2 voice vote The vote
was as follows Councilmembers Bass, Broucek, Fried, Oldakowski and Mayor Rasco voting Yes
Councilmember Fein and Vice Mayor Han voting No
Councilmember Fein nominated Chris Sager to the committee Councilmembers are to submit their
recommendations to the Village Clerk
The resolution as amended was 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING THE 1999 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT
"A" , PROVIDING FOR AN EFFECTIVE DATE
Councilmember Broucek made a motion to approve the resolution The motion was seconded by
Councilmember Fried
Councilmember Fein made an amending motion to move "Beautify All Areas Under Village
Control" from High Priority to Top Priority The motion was seconded by Councilmember
Oldakowski 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
Councilmember Broucek made a motion to move "Sewers and Swales" to Top Priority The motion
was seconded by Mayor Rasco 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 resolution as amended was 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
Staff was directed to include as part of this resolution the different projects time schedule and the
estimated time of completion
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February 9 1999
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO RETAIN THE PROFESSIONAL SERVICES OF PINSKY
MITCHELL PARTNERS FOR THE 1999 LEGISLATIVE SESSION, PROVIDING FOR AN
EFFECTIVE DATE
Councilmember Broucek made a motion to approve the resolution The motion was seconded by
Councilmember Fried
Mayor Rasco made an amending motion to reference the agreement in the resolution The motion
was seconded by Councilmember Oldakowski 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 resolution as amended was approved by a 6-1 voice vote The vote was as follows
Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
Councilmember Bass voting No
10 ORDINANCES The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR
AN EFFECTIVE DATE
Councilmember Oldakowski made a motion to adopt the ordinance on second reading The motion
was seconded by Councilmember Fein
The Mayor opened the public hearing There were no speakers present The Mayor closed
the public hearing
The ordinance was approved by a 7-0 roll call vote The vote was as follows Councilmembers Bass,
Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
At this time the sidewalk issue was heard Raul Lastra, OBM Miami, addressed the Council
regarding the different options for sidewalks
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February 9 1999
The following residents addressed the Council Dorothea Bailey, 338 West Heather Drive,
M Lichtenheld, 440 West Palmwood Lane, Susan Krupnick, Key Biscayne, Charles
Sherman, 301 Sunrise Drive, Ward Rathbone, 275 West Mashta Drive, Paul DeLeeuw, 375
West Heather Drive, Juan Santaella, 360 West Heather Drive, Albert Stevens, 701
Myrtlewood Lane, Michella Barnett, 355 West Wood Drive, Jim Taintor, 355 Harbor Drive,
Michael Kelly, 310 Palmwood Lane, Fred Sherman, 324 West Heather Drive, Jacqueline
Sanchez-Volny, 385 Ridgewood Road
Councilmember Fein made a motion to instruct the Manager to seek bids on the new option
presented to Council tonight for a 5' sidewalk on the south side of West Heather, 7' from the road
with the option of a concrete vs a brick sidewalk The motion was seconded by Councilmember
Fried
Councilmember Han made an amending motion to accept Option 1 with the modification of shifting
the sidewalk away from the property line The motion was seconded by Councilmember
Oldakowski and failed by a 1-6 voice vote Vice Mayor Han voting Yes Councilmembers Bass,
Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting No
Councilmember Bass made an amending motion to include Option 4 in the bid process The motion
was seconded by Mayor Rasco and failed by a 3-4 voice vote The vote was as follows
Councilmembers Bass, Fein and Mayor Rasco voting Yes Councilmembers Broucek, Fried,
Oldakowski and Vice Mayor Han voting No
The main motion as amended 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
Councilmember Fein made a motion to instruct the Manager to seek bids for 5' sidewalks on the
north side of West Wood to Curtiswood and on the south side to Harbor Drive, 7' from the road with
the option of a concrete vs a brick sidewalk The motion was seconded by Councilmember Fried
and 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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February 9 1999
11 RESOLUTIONS 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 SIGN A CONTRACT WITH
PORTUONDO, PEROTTI ARCHITECTS FOR CONSTRUCTION OF A PERIMETER
MASONRY SEAT WALL AT THE VILLAGE GREEN PARK, PROVIDING FOR AN
EFFECTIVE DATE
Councilmember Fein made a motion to approve the resolution The motion was seconded by
Councilmember Oldakowski
Councilmember Oldakowski made an amending motion to construct a wall along Femwood The
motion was seconded by Councilmember Bass and failed by a 2-5 voice vote The vote was as
follows Councilmember Oldakowski and Mayor Rasco voting Yes Councilmembers Bass,
Broucek, Fein, Fried and Vice Mayor Han voting No
Councilmember Bass made an amending motion to construct a wall along Femwood from the south
end of the park up to some point beyond the toddler lot The motion was seconded by
Councilmember Oldakowski and failed by a 2-5 voice vote The vote was as follows
Councilmembers Bass and Oldakowski voting Yes Councilmembers Broucek, Fein, Fried, Vice
Mayor Han and Mayor Rasco voting No
Ed Meyer, 100 Sunrise Drive and Jacqueline de Leon, 650 Ocean Drive addressed the
Council
The resolution as presented failed by a 3-4 roll call vote The vote was as follows
Councilmembers Fein, Fried and Vice Mayor Han voting Yes Councilmembers Bass, Broucek,
Oldakowski and Mayor Rasco voting No
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 FOR PHASE
II, DESIGN DEVELOPMENT FOR THE PLANNING, ARCHITECTURE AND SERVICES
IN CONNECTION WITH THE VILLAGE BEACH PARK WITH 0 B M MIAMI, INC ,
PROVIDING FOR AN EFFECTIVE DATE
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February 9 1999
Councilmember Fein made a motion to approve the resolution The motion was seconded by
Councilmember Oldakowski 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 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
Mayor Rasco made a motion to approve the resolution The motion was seconded by
Councilmember Fried
Councilmember Bass made an amending motion to add Mr James Pilafian under the real estate
category The motion was seconded by Councilmember Fried and approved by a 4-3 voice vote
The vote was as follows Councilmembers Bass, Fried, Oldakowski and Mayor Rasco voting Yes
Councilmembers Broucek, Fein and Vice Mayor Han voting No
The resolution as amended was 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
At this time the Village Manager's report was heard The Manager addressed the Council regarding
the Village Green Bandstand and introduced Mr Rolando Llanes, architect for the project
Councilmember Broucek made a motion to accept the design for the Village Green Bandstand as
presented to Council The motion was seconded by Vice Mayor Han
Architect Rolando Llanes addressed the Council regarding the pavilion
Councilmember Fein made a motion to table this item The motion was seconded by
Councilmember Bass and approved by a 5-2 voice vote The vote was as follows Councilmembers
Bass, Broucek, Fein, Oldakowski and Mayor Rasco voting Yes Councilmembers Fried and Vice
Mayor Han voting No
Mario Ernesto Sanchez, 220 Cypress Drive addressed the Council
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February 9 1999
The Manager presented to the Council a request from Crime Stoppers of Miami -Dade County
Councilmember Oldakowski made a motion to give $1,000 to Crime Stoppers The motion was
seconded by Mayor Rasco 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 requested consensus of Council to set up a date for a Civic Center Workshop It was
the consensus of Council to hold the workshop on Thursday, March 18, 1999 at 6 00 p m
The Manager addressed the Council regarding the "No Parking" signs on Crandon Boulevard
Councilmember Oldakowski made a motion to instruct the Manager to install the minimum amount
of signs where there are problems and to exercise his discretion when placing those signs The
motion was seconded by Councilmember Bass and approved by a 6-1 voice vote The vote was as
follows Councilmembers Bass, Broucek, Fein, Fned, Oldakowski and Vice Mayor Han voting Yes
Mayor Rasco voting No
Councilmember Broucek made a motion to reconsider the above motion The motion was seconded
by Mayor Rasco and failed by a 3-4 voice vote The vote was as follows Councilmembers Broucek,
Fein and Mayor Rasco voting Yes Councilmembers Bass, Fried, Oldakowski and Vice Mayor Han
voting No
Mayor Rasco made a motion to extend the meeting to 11 10 p m The motion was seconded by
Councilmember Broucek and approved by a 6-1 voice vote The vote was as follows
Councilmembers Bass, Broucek, Fem, Fned, Oldakowski and Mayor Rasco voting Yes Vice Mayor
Han voting No
The Manager presented to the Council a donation for a monumental sign from The Ocean Club
There was no consensus of Council regarding this issue
Chief of Police Michael J Flaherty addressed the Council regarding allegations made by Mr
Lawrence Curtin against some police officers Police Officer Jackie Rojas addressed the Council
regarding these allegations
13 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Rasco addressed the Council nominating a committee to
develop an ordinance that would create "The Key Biscayne Cultural Affairs Council" Nominating
Alan Fein as Chair with members Mario Ernesto Sanchez, Marilyn Borroto and Ed Meyer The
chair and other Councilmembers may want to add other names to help draft this permanent board
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February 9 1999
that would be brought to Council no later than Arill 13, 1999 Regular Council Meeting
Councilmember Fried recommended to include Susan Fox-Rosellini in the Cultural Affairs Council
Marilyn Borroto, 241 Harbor Drive and Julie Alvarez, 150 Sunrise Drive addressed the
Council
Councilmember Broucek made a motion to appoint a Cultural Affairs Council The motion was
seconded by Mayor Rasco Councilmember Broucek withdrew her motion
It was the consensus of Council that the group meet informally and then report back to Council as
to the feasibility of creating a Cultural Affairs Council
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 THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR DISASTER
RELIEF FUNDING FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) EMERGENCY DECLARATION FEMA-3131-EM-FL RESULTING FROM
HURRICANE GEORGES, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Bass made a motion to reconsider this resolution The motion was seconded by
Vice Mayor Han and approved by a 5-2 voice vote The vote was as follows Councilmembers
Bass, Broucek, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmembers Fein
and Fried voting No
The resolution was approved by a 6-1 voice vote The vote was as follows Councilmembers
Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember
Bass voting No
Village Attorney The Attorney did not submit a report
Village Clerk The clerk submitted a copy of her office's 1998 annual report to the Council
The Office of the Mayor issued the following proclamations during the month of February Jose
Marti Day and Dr Paul Vogel
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February 9 1999
13 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
14 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council and the public
15 ADJOURNMENT The meeting was adjourned at 11 20 p m
Resp ' ully submitted
Conchita H Alvarez, CMC
Village Clerk
,a,,e(9/
Approved this 23rd day of February ,1999
Joe I Rasco
Mayor
IFA 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 TESTIMONYAND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED
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