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Home My Public Portal About12-08-98 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING TUESDAY, DECEMBER 8, 1998 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, Alan H Fein, Mortimer Fned, Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco Councilmember Martha Broucek was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorney Richard Weiss 2 INVOCATION Reverend Pat Arnold, Key Biscayne Presbyterian Church gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Lynn Whisenhut, General Manager, Adelphia Cable Communications could not attend the meeting and will come at a future meeting 5 PUBLIC COMMENTS Cecile Sanchez, 260 Cypress Drive, Carlos Coto, 310 Harbor Court, Lawrence Curtin, 215 Cranwood Dnve, Ed Meyer, 100 Sunrise Dnve, Karen Levison, 300 Galen Drive addressed the Council 6 APPROVAL OF MINUTES Councilmember Oldakowski offered technical corrections to the minutes The corrected Minutes of the Special Council Meeting of November 17, 1998 were approved by unanimous consent 1 of December 8 1998 7 AGENDA Councilmember Bass requested to remove Items 8E and 8F from the consent agenda and to hear Item 11 A 1 together with Item 10B, Councilmember Oldakowski requested the addition of a discussion regarding agenda items under Mayor and Councilmembers as Item 11 A8, the Manager requested to delete Item 8G and Item 9B 1 was deferred to a future meeting There was no objection to the agenda changes 8 CONSENT AGENDA The following consent agenda was approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes LETTER FROM SEAN BLACK, EVENT DIRECTOR, EXCLUSIVE SPORTS MARKETING, REQUESTING APPROVAL FOR A FAMILY FITNESS WEEKEND THAT WILL TAKE PLACE FROM APRIL 30 TO MAY 2,1999 ON CRANDON PARK AND THE RICKENBACKER CAUSEWAY, DATED NOVEMBER 18, 1998 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR ISLAND DRIVE TRAFFIC CALMING WITH WILLIAMS, HATFIELD & STONER, INC , PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR EAST HEATHER DRIVE TRAFFIC CALMING WITH WILLIAMS, HATFIELD & STONER, INC , PROVIDING FOR AN EFFECTIVE DATE 9 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE TITLE OF ARTICLE 11 FROM "AMENDMENTS TO ZONING ORDINANCE" TO "ADMINISTRATION OF THE ZONING ORDINANCE", AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY AMENDING SECTION 30-23 "GRANTING OF VARIANCES", RENUMBERING AND AMENDING SECTION 30-24 "ADMINISTRATIVE VARIANCES" TO SECTION 30-25, CREATING SECTION 30-24 "SUPERVISORY VARIANCES", AMENDING AND RENUMBERING SECTION 30-25 "PUBLIC HEARING AND NOTICE OF HEARING" TO SECTION 30-28, RENUMBERING SECTION 30-26 "EX-PARTE COMMUNICATIONS TO SECTION 30-29, CREATING SECTION 30-26 "REGULATORY VARIANCES", CREATING SECTION 30-27 SUMMARY OF 2 of 8 December 8, 1998 VARIANCE REGULATIONS, PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding this ordinance The Mayor opened the public hearing Rosemary Sala, 251 Crandon Boulevard addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Fein and approved by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The Clerk announced the second reading of this ordinance for the meeting of January 12, 1999 10 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO SEEK ADDITIONAL SPACE FOR THE COUNCIL CHAMBER WITHIN THE PRESENT BUILDING SO AS TO BETTER ACCOMMODATE PUBLIC MEETINGS OF THE VILLAGE, TO REPORT TO COUNCIL ON JANUARY 12, 1999 ON COSTS AND A PRELIMINARY SITE PLAN FOR THE ADDITIONAL SPACE, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution The motion was seconded by Vice Mayor Han and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes PUBLIC HEARING West Heather Drive and West Wood Drive traffic calming and sidewalks West Wood W Heather Total Sidewalks $ 127,500 $ 127,500 $ 255,000 Traffic calming $ 240,000 $ 180,000 $ 420,000 Eng/Admin $ 77,655 $ 67,655 $ 145,000 $ 445,155 $ 375,155 $ 820,310 Funds available $ 400,000 Short fall $ 420,310 The Manager reported that if Council determines to proceed with the $820,310 project funding can be made 3 of December 8 1998 from available reserves and future funding Raul Lastra, OBM Miami, Inc addressed the Council regarding this project The Mayor opened the public hearing Juan Santaella, 360 West Heather Drive, Adolfo Malave, 315 West Heather Dnve, Jim Asher, West Heather Dnve, Carlos Coto, 310 Harbor Court, Ward Rathbone, 275 West Mashta Drive, Fred Sherman, 324 West Heather Drive, Michele Barnett, 355 West Wood Drive, Tom Mullin, 275 West Heather Drive, Cecile Sanchez, 260 Cypress Drive, Salvador Mendez, 691 Hampton Lane, Camille Guething, 260 Sea View Drive, Maria Santaella, 360 West Heather Drive, Charles Sherman, 301 Sunrise Drive, Richard Gregorie, Key Biscayne, Mike Kelly, 310 Palmwood Lane The Mayor closed the public hearing Vice Mayor Han made a motion to remove from the table the following motion a motion to approve sidewalks on both sides of West Heather Drive and West Wood Dnve from Fernwood Drive to Harbor Drive, to authorize the Village Manager to advertise for bids for the construction of sidewalks on both sides of West Wood and traffic calming on West Heather, contract will contain an option to construct sidewalks on West Heather and traffic calming on West Wood at a later date upon approval of the next Council The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No Councilmember Fried made an amending motion to install sidewalks on one side of West Heather Councilmember Fein seconded the motion Councilmember Fein made a motion to table the amending motion The motion was seconded by Councilmember Bass and approved by a 5-1 voice vote The vote was as follows Councilmembers Bass, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Fried voting No Mayor Rasco made a motion to install permanent traffic calming devices on West Heather and West Wood Drives The motion was seconded by Councilmember Bass Councilmember Bass made an amending motion to install permanent traffic calming devices on West Heather and West Wood Drives instead of sidewalks The motion was seconded by Mayor Rasco and failed 1-5 The vote was as follows Councilmembers Bass voting Yes Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting No Councilmember Fein made an amending motion to install permanent traffic calming devices on West 4 of December 8 1998 Heather Drive with a proviso to install permanent traffic calming devices on West Wood in the future The motion was seconded by Councilmember Fried Councilmember Fein made an amendment to the amending motion to install temporary traffic calming devices on West Wood Drive with a proviso to install permanent traffic calming devices on West Wood in the future and permanent traffic calming devices on West Heather The motion was seconded by Councilmember Fned and approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes ouncilmember Bass voting No Vice Mayor Han made an amending motion to accept the design presented today for permanent traffic calming devices (one traffic circle and two "T" intersections) for West Heather Drive The motion was seconded by Councilmember Fein and approved by a 4-2 voice vote The vote was as follows Councilmembers Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes uncilmembers Bass and Oldakowski voting No The main motion as amended was approved by a 5-1 roll call The vote was as follows Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No Councilmember Fein made a motion to build a 4' sidewalk on the south side of West Heather Drive using the design presented tonight with no curb, but with a brick paver sidewalk The motion was seconded by Councilmember Oldakowski Councilmember Fein withdrew his motion Councilmember Fein made a motion instructing staff to bring back an alternative plan for West Heather Dnve which will include a 4' sidewalk on the south side, no curb and brick paver sidewalk The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes Vice Mayor Han 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 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 5 of 8 December 8, 1998 Councilmember Fned made a motion to approve the resolution The motion was seconded by Vice Mayor Han 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 Linda Davitian, 720 Myrtlewood Lane addressed the Council 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 CHANGE THE STATUS OF THE CHIEF BUILDING, ELECTRICAL, PLUMBING, MECHANICAL INSPECTORS AND THE BUILDING INSPECTOR FROM PART TIME TO FULL TIME EMPLOYEES, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned Made a motion to approve the resolution The motion was seconded by Vice Mayor Han Mayor Rasco made an amending motion to preclude the above mentioned employees from working in other municipalities while working full-time for the Village of Key Biscayne The motion was seconded by Councilmember Bass and failed by a 1-5 voice vote The vote was as follows Mayor Rasco voting Yes Councilmembers Bass, Fein, Fned, Oldakowski and Vice Mayor Han voting No The main motion was approved by a 5-1 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes Mayor Rasco voting No 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Bass addressed the Council regarding fund juggling Councilmember Fein addressed the Council regarding the Emergency Services Complex making a motion to request an RFP for the Emergency Services Complex (Fire/Police Administration Building) The motion was seconded by Councilmember Fned Councilmember Fein withdrew his motion Staff was directed to prepare a resolution for the next Council meeting to this effect Mayor Rasco addressed the Council requesting consensus to have the Village Manager prepare a specific schedule for the implementation of the following Village projects Fire Station, Community Center, Beach Renounshment, Traffic Calming, Emergency Services Complex and the Beach Park There was no objection to the request 6 of 8 December 8 1998 Mayor Rasco addressed the Council regarding a report on the following items presented during public comments at the last Council Meeting Is there a need for a policy on tree trimming by Village/Village as bird sanctuary The Manager will report on this issue at the next Council meeting Cecile Sanchez, 260 Cypress Drive addressed the Council Is there a need for a plan on landscaping issues'? The Manager will report on this issue at the next Council meeting Mayor Rasco recommended the appointment of a committee of one to be presided by Councilmember Bob Oldakowski to produce a report to the Council within 120 days on how to improve the presentation of the Village Budget providing a list of recommendations to the Council that could be implemented in next year budget presentation There was no objection to the appointment Councilmember Oldakowski addressed the Council regarding agenda items placed for discussion Councilmember Oldakowski suggested that the items should be more specific as to the intention or action Village Attorney The Attorney addressed the Council regarding the revision of petitions by the attorney for legal sufficiency Councilmember Fein made a motion directing the attorney to review petitions as to legal sufficiency only The motion was seconded by Councilmember Fried 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 Michael Kahn, 880 Ocean Drive addressed the Council Village Clerk The Clerk reported that the Mayor had issued a proclamation recognizing Leo Llanos, Chief Building Official of the Village, for his contributions to the Village Village Manager The Manager presented to the Council a long term financing plan Percy R Aguila, Financial Advisor for the Village addressed the Council regarding different Capital Project borrowing scenarios (Attached for the record) Lawrence Curtin, 215 Cranwood Drive addressed the Council The Manager gave an update regarding the beach renounshment project 7of8 December 8 1998 Sandra Goldstein, 611 Ocean Drive, Ed Meyer, 100 Sunrise Drive addressed the Council Councilmember Han made a motion directing staff to bring back a recommendation regarding this issue at the next Council meeting The motion was seconded by Councilmember Fein and approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco Councilmember Bass voting No The Manager informed the Council that Aquagenix, a land, water technologies company has visited the Village's Lake Park and has recommended a Trumpet Geyser Floating Fountain to combat algae, excessive weed growth, and poor water clanty The fountain pumps the water 18 feet high, the water falls in a 20 foot diameter, it pumps 129 gpm, and comes with 3 floating lights The cost is approximately $5,000 00 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 and the public 14 ADJOURNMENT The meeting was adjourned at 10 54 p m Respe ully submitted Conchita H Alvarez, CMC Village Clerk Approved this 12th day of January ,1999 Joe I Rasco Mayor x �, zC. SZ,,," '; :- -..„--- -7-.- -' '''' 1C'N � .4 Imo` a r. r f§ ? t7:1- 1 J :2,1 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 8 of 8