HomeMy Public PortalAbout04-10-07 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, APRIL 10, 2007
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1 CALL TO ORDERJROLL CALL OF MEMBERS The meeting was called to order by
the Mayor at 7 10 p m Present were Councilmembers Michael W Davey, Enrique Garcia, Steve
Liedman, Thomas Thornton, Patricia Weinman, Vice Mayor Jorge E Mendia and Mayor Robert
L Vernon Also present were Village Manager Jacqueline R Menendez, Village Clerk Conchita
H Alvarez and Village Attorney Stephen P Helfman
2 SPECIAL PRESENTATIONS The Chairman of the Charter Revision Commission,
Councilmember Steve Liedman presented the Final Report of the Commission to the Village
Council The Commission is proposing two amendments to the Village Charter and also granted
the Council the option of placing the proposed amendments on the ballot for the next scheduled
election
Dr Robert Maggs, Bob Bristol and Ed Meyer addressed the Council regarding the newly formed
Histoncal Society
3 PUBLIC COMMENTS The following residents addressed the Council Alan Fein, 525
Allendale Road, Charles Viscito, 141 Crandon Boulevard, Tim Stickney, 285 Woodcrest Road, Bill
Earle, 280 Harbor Dnve, Dr Alex Zacchana, 245 Harbor Dnve, Michael Kahn, 881 Ocean Dnve,
Eileen Pope, 235 Harbor Dnve and Camille Guething, 260 Seaview Dnve
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4 AGENDA The Manager requested the deferral of Item 7F to the May 15, 2007 Council
Meeting There was no objection to the request
5 CONSENT AGENDA Vice Mayor Mendia made a motion to approve the following
consent agenda The motion was seconded by Councilmember Garcia and approved by a 7-0 voice
vote The vote was as follows Councilmembers Davey, Garcia, Liedman, Thornton, Weinman,
Vice Mayor Mendia and Mayor Vernon voting Yes
The minutes of the March 13, 2007 Regular Council Meeting
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, DECLARING AS SURPLUS 14 LG LCD TELEVISIONS WITH 14 PEERLEES
LCD PEDESTAL STANDS OWNED BY THE VILLAGE AND AUTHORIZING THE
VILLAGE MANAGER TO PROVIDE FOR THE SALE OR DISPOSITION OF SUCH
SURPLUS PROPERTY, PROVIDING FOR AN EFFECTIVE DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SUPPORTING THE US CONFERENCE OF MAYORS RESOLUTION
ENDORSING THE U S MAYORS CLIMATE PROTECTION AGREEMENT, PROVIDING
AN EFFECTIVE DATE
6 ORDINANCES The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS", BY
AMENDING ARTICLE V "SCHEDULE OF DISTRICT, USE, AND SETBACK
REGULATIONS", SECTION 30-101 "COMMERCIAL DISTRICTS" TO PROVIDE THAT
PACKAGE STORE SHALL BE A CONDITIONAL USE IN THE C-1 LOW -INTENSITY
COMMERCIAL DISTRICT, AMENDING ARTICLE II "DEFINITIONS", SECTION 30-11
"DEFINITIONS" OF THE CODE OF ORDINANCES TO PROVIDE A DEFINITION OF
"PACKAGE STORE", AMENDING ARTICLE IV "ADMINISTRATION OF THE ZONING
ORDINANCE", SECTION 30-72 "CONDITIONAL USE PROCEDURES" TO AMEND THE
CRITERIA AND REQUIREMENTS APPLICABLE TO CONDITIONAL USE
APPROVALS, AMENDING SECTION 30-112 "SUPPLEMENTAL USE REGULATIONS"
TO AMEND THE PROCEDURES FOR APPROVAL OF PACKAGE STORES WITHIN
THE VILLAGE, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN
CODE, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Liedman made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Thornton
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The Mayor opened the public heanng Nick Mavns, 201 Crandon Boulevard addressed the
Council The Mayor closed the public heanng
Director of Building, Zoning and Planing Jud Kurlancheek addressed the Council regarding this
ordinance
The ordinance was adopted on first reading by a 7-0 roll call vote The vote was as follows
Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor
Vernon voting Yes
The second reading of this ordinance will be on May 15, 2007
The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING THE
CODE OF ORDINANCES BY AMENDING ARTICLE II, "OCCUPATIONAL LICENSE
TAX", OF CHAPTER 25 "TAXATION" TO CONFORM WITH RECENT REVISIONS TO
FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL
LICENSE TO LOCAL BUSINESS TAX RECEIPT, MAKING COLLATERAL
CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE
VILLAGE CODE INCLUDING SECTIONS 30-11, 30-63, 30-66, 30-72, 30-100, 30-102 AND
30-197, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE
CODE, AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember Garcia made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Thornton
The Mayor opened the public hearing There were no speakers present The Mayor closed
the public hearing
The ordinance was adopted on second reading by a 6-0 roll call vote The vote was as follows
Councilmembers Davey, Garcia, Liedman, Weinman, Vice Mayor Mendia and Mayor Vernon voting
Yes Councilmember Thornton was out of the room at the time the vote was taken
7 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING AND APPROVING LANDSCAPE SERVICES AGREEMENT
BETWEEN VALLEYCREST LANDSCAPE MAINTENANCE, INC , ("VALLEYCREST")
AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE VILLAGE TO
OBTAIN THE SERVICES OF VALLEYCREST FOR MAINTENANCE OF LANDSCAPING
OF VILLAGE GREEN AND VILLAGE PLAYING FIELDS, INCLUDING PLAYING FIELD
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AT THE ST AGNES CATHOLIC CHURCH AND PLAYING FIELD AT THE KEY
BISCAYNE COMMUNITY SCHOOL, AUTHORIZING IMPLEMENTATION OF
AGREEMENT, PROVIDING AN EFFECTIVE DATE
The Manager and Todd Hofferberth, Parks and Recreation Director addressed the Council regarding
this resolution
Councilmember Garcia made a motion to adopt the resolution The motion was seconded by Vice
Mayor Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Davey,
Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon voting Yes
The Clerk read the following resolution by title
RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS A
PROPOSED AMENDMENT TO THE VILLAGE CHARTER, AS PROVIDED BY
PETITION OF ELECTORS, IN ACCORDANCE WITH SECTION 6 02 OF THE VILLAGE
CHARTER, SUBMITTING PROPOSED CHARTER AMENDMENT FOR THE CREATION
OF A NEW SECTION 4 15 OF THE CHARTER, TO BE ENTITLED "APPROVAL BY
VOTE OF ELECTORS REQUIRED FOR AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS", PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION
TO THE ELECTORATE, CALLING A SPECIAL ELECTION ON THE PROPOSED
CHARTER AMENDMENT TO BE HELD ON TUESDAY, THE 12TH DAY OF JUNE, 2007,
BY MAIL BALLOT PROCEDURE, PROVIDING FOR INCLUSION IN THE CHARTER,
PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
The Attorney addressed the Council regarding this resolution
Councilmember Weinman made a motion to adopt the resolution The motion was seconded by
Councilmember Thornton
There was extensive discussion from Council regarding this resolution
The following residents addressed the Council Camille Guething, 260 Seaview Dnve, Max
Puyanic, 480 S Mashta Dnve, Michael Kelly, 395 Gulf Road, Ed Sanchez, 260 Cypress
Dnve and Jim Leavitt, 240 Island Dnve
The resolution was approved by a 5-2 voice vote The vote was as follows Councilmembers
Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon voting Yes
Councilmembers Davey and Garcia voting No
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The Clerk read the following resolution by title
RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS
PROPOSED AMENDMENTS TO THE VILLAGE CHARTER, AS PROVIDED BY THE
REPORT OF THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH
SECTION 7 06 OF THE VILLAGE CHARTER, SUBMITTING PROPOSED CHARTER
AMENDMENTS FOR THE AMENDMENT OF SUBSECTION (A)(u) "REFERENDUM" OF
SECTION 5 02 "INITIATIVE AND REFERENDUM" OF THE VILLAGE CHARTER, TO
PROVIDE A TIME FRAME FOR COMMENCEMENT OF ANY REFERENDUM
PROCEEDINGS ON ORDINANCES AUTHORIZING CAPITAL PROJECTS IN EXCESS
OF $500,000, AND FOR THE AMENDMENT OF SECTION 7 06 "CHARTER REVISION",
TO REVISE DESCRIPTION OF CERTAIN ELECTIONS AT WHICH CHARTER
AMENDMENTS PROVIDED IN THE FUTURE BY VILLAGE CHARTER REVISION
COMMISSIONS MAY BE PLACED ON A BALLOT, PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION OF CURRENT CHARTER AMENDMENTS TO THE
ELECTORATE, CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER
AMENDMENTS TO BE HELD ON TUESDAY, THE 12TH DAY OF JUNE, 2007, BY MAIL
BALLOT PROCEDURE, PROVIDING FOR INCLUSION IN THE CHARTER,
PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember Weinman made a motion to adopt the resolution The motion was seconded by
Councilmember Thornton
Max Puyarnc, 480 S Mashta Drive addressed the Council
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers Davey,
Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon voting Yes
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING FIREWORKS DISPLAY CONTRACT BETWEEN FIREWORKS
BY GRUCCI, INC, AND THE VILLAGE OF KEY BISCAYNE CONCERNING
FIREWORKS DISPLAY FOR JULY 4TH, 2007, PROVIDING FOR AN EFFECTIVE
DATE
Councilmember Weinman made a motion to adopt the resolution The motion was seconded by
Councilmember Thornton
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The Manager and Director Hofferberth addressed the Council regarding this resolution
Jim Brewster, 101 Ocean Lane Drive addressed the Council
It was the consensus of Council to choose Option B Display for a fee of $90,000
The Attorney addressed the Council regarding page 2 of the agreement stating that the balance of the
Fee shall be due and payable on or before July 5, 2007 and not June 5, 2007 as it appears in the
contract
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers Davey,
Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon voting Yes
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE
COUNTY, FLORIDA, TO TAKE ACTION TO PERMIT THE RECONFIGURATION OF
CALUSA PARK, PROVIDING FOR AN EFFECTIVE DATE
Director Hofferberth addressed the Council regarding this resolution
Councilmember Garcia made a motion to adopt the resolution The motion was seconded by
Councilmember Liedman
Luis de la Cruz, 640 Allendale Road addressed the Council
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers Davey,
Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon voting Yes
8 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Vernon addressed the Council regarding the appointment of
Mr Frank Caplan to the Zoning Ordinance Review Committee due to the resignation of Mr Robert
Mollinari
It was the consensus of Council to appoint Mr Frank Caplan to the ZORC
Councilmember Weinman addressed the Council regarding the need to install permanent lights at
the north end of the Village Green to allow for sports in the evening
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Luis de la Cruz, 640 Allendale Road and Marcelo Radice, 412 Warren Lane addressed the
Council
Councilmember Weinman made a motion to direct staff to draft a resolution approving the
installation of permanent lights at the North end of Village Green The motion was seconded by
Vice Mayor Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers
Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon voting Yes
Councilmember Weinman also addressed the Council regarding the expansion of the Community
Center
It was the consensus of Council to direct staff to get a proposal, at no cost to the Village, from the
architect and the consultant for the expansion of the Community Center
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk presented to the Council a list of Key Biscayne elections and voter turnout
The Office of the Mayor issued the following proclamations during the month of Apnl proclaiming
the month of Apnl as "Water Conservation Month" and proclaiming the week of May 7-12, 2007
as "NOAA Week"
Village Manager The Manager addressed the Council regarding the availability of the property at
200 Harbor Dnve and the possibility of the Village purchasing this bayfront property There was
extensive discussion from Council regarding this property, but no action was taken
The Manager presented to the Council a Building, Zoning, and Planning Department public service
message
The Manager addressed the Council regarding the requirement by contract of evaluating her
performance
9 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
10 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
11 ADJOURNMENT The meeting was adjourned at 10 25 p m
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Respfletfully submitted
id/646,
onchita H Alvarez, CMC
Village Clerk
Approved this 16th day of April , 2007
Robert L Vernon
Mayor
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
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