HomeMy Public PortalAbout06-13-06 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JUNE 13, 2006
COUNCIL CHAMBER
560 CRANDON BOULEVARD
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 Enrique Garcia, Thomas Thornton, Patncia
Weinman, Vice Mayor Robert L Vernon and Mayor Robert Oldakowski Councilmembers Steve
Liedman and Jorge E Mendia were absent Also present were Village Manager Jacqueline R
Menendez, Village Clerk Conchita H Alvarez and Village Attorney Stephen P Helfman
2 INVOCATION Rabbi Yoel Caroline from Chabad of Key Biscayne gave an invocation
3 PLEDGE OF ALLEGIANCE Ms Mana Zayas-Bazan led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS Ms Nicole Mannanno, CPA, Pnncipal with Rachlin
Cohen & Holtz LLP Certified Public Accountants made a presentation to the Council regarding the
2005 Comprehensive Annual Financial Report
5 PUBLIC COMMENTS The following resident addressed the Council Cecile Sanchez,
260 Cypress Dnve
6 AGENDA The Manager requested to withdraw Item 9D and also requested the addition of
an update regarding mosquito control as Item 10D, Councilmember Thornton requested the addition
of a discussion regarding construction sites as Item 10A1 and a discussion regarding delivenes on
Fernwood Road as Item 10A2 and Mayor Oldakowski requested to hear Item 9F before Item 9A
There was no objection to the agenda changes
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June 13 2006
7 APPROVAL OF MINUTES Councilmember Garcia made a motion to approve the
minutes of the May 16, 2006 2020 Vision Workshop The motion was seconded by Councilmember
Weinman and approved by a 5-0 voice vote The vote was as follows Councilmembers Garcia,
Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes
Councilmember Garcia made a motion to approve the minutes of the May 17, 2006 Police
Officers/Firefighters' Pension Plan Workshop, the minutes of the May 23, 2006 Zoning Meeting and
the minutes of the June 6, 2006 Sanitary Sewer Workshop The motion was seconded by
Councilmember Thornton and approved by a 5-0 voice vote The vote was as follows
Councilmembers Garcia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting
Yes
8 ORDINANCES The Clerk read the following ordinance on first reading, by title
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF
CRANDON BOULEVARD IMPROVEMENTS — PHASE III OF THE VILLAGE,
AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT
IMPROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN ROADWAYS IN
THE VICINITY OF CRANDON BOULEVARD, AS DESCRIBED HEREIN,
AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF
ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE
Vice Mayor Vernon made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Weinman
The Mayor opened the public heanng Mark Fned, 525 Warren Lane addressed the Council
The Mayor closed the public heanng
The Manager and Paul Abbott with Skyline Management addressed the Council regarding this
ordinance
The ordinance was adopted on first reading by a 5-0 roll call vote The vote was as follows
Councilmembers Garcia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting
Yes
The second reading of this ordinance will be on June 27th, 2006
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June 13 2006
The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 22-31 "WEST MASHTA ROAD BRIDGE" OF CHAPTER 22 "PUBLIC
PLACES" THE VILLAGE CODE TO PROVIDE RESTRICTIONS ON HOURS OF USE
AND TO AMEND REFERENCE TO SPECIAL EVENT PERMIT SECTION IN
CONFORMANCE WITH REVISIONS TO CHAPTER 17, PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR A
PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember Garcia made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Weinman
The Manager addressed the Council regarding this ordinance
The Mayor opened the public heanng There were no speakers present The Mayor closed
the public hearing
The ordinance was adopted on first reading by a 5-0 roll call vote The vote was as follows
Councilmembers Garcia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting
Yes
The second reading of this ordinance will be on June 27th, 2006
The Clerk read the following ordinance on first reading, by title
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF
THE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT (THE
"PROJECT") OF THE VILLAGE, AUTHORIZING AND PROVIDING FOR THE
VILLAGE TO CONSTRUCT THE PROJECT AS DESCRIBED HEREIN, AUTHORIZING
EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF ORDINANCE ADOPTION,
PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Vernon made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Garcia
The Attorney addressed the Council regarding this ordinance
The Mayor opened the public heanng Mortimer Fned, 291 Harbor Court, Michelle Barnett,
355 West Wood Dnve, Linda Davitian, 720 Myrtlewood Lane and Michael Kahn, 881 Ocean
Dnve addressed the Council The Mayor closed the public hearing
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June 13 2006
The ordinance was adopted on first reading by a 5-0 roll call vote The vote was as follows
Councilmembers Garcia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting
Yes
The second reading of this ordinance will be on June 27th, 2006
The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 21 "PUBLIC RIGHTS -OF- WAY", AT ARTICLE II "LANDSCAPING IN
PUBLIC RIGHTS -OF -WAY", BY CREATING SECTION 21-15 "EXEMPTION" TO
EXEMPT THE VILLAGE SANITARY SEWER AND WATER LINE IMPROVEMENT
PROJECT FROM THE PROVISIONS OF SECTION 21-12 "VILLAGE PROJECTS
WITHIN THE PUBLIC RIGHTS -OF -WAY", PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Vernon made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Thornton
The Attorney addressed the Council regarding this ordinance
The Mayor opened the public heanng There were no speakers present The Mayor closed
the public heanng
The ordinance was adopted on first reading by a 5-0 roll call vote The vote was as follows
Councilmembers Garcia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting
Yes
The second reading of this ordinance will be on June 27th, 2006
The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 2-101 "QUALIFYING PERIOD" OF ARTICLE V "ELECTIONS" OF CHAPTER
2 "ADMINISTRATION" OF THE VILLAGE CODE TO AMEND AND CLARIFY
EXISTING CODE PROVISIONS CONCERNING THE QUALIFYING PERIOD FOR
CANDIDATES FOR THE OFFICE OF MAYOR OR VILLAGE COUNCIL SO AS TO
CONFORM TO THE RECENT AMENDMENT OF SECTION 5 01 OF THE VILLAGE
CHARTER, AND TO PROVIDE A MECHANISM FOR ESTABLISHING QUALIFYING
PERIODS FOR ANY SPECIAL MAYORAL OR COUNCIL ELECTIONS, PROVIDING
FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN
EFFECTIVE DATE
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June 13 2006
Councilmember Garcia made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Thornton
The Attorney and the Clerk addressed the Council regarding this ordinance
The Mayor opened the public heanng There were no speakers present The Mayor closed
the public hearing
Councilmember Weinman made an amending motion to establish two different qualifying penods,
one for the office of Mayor and another one for Councilmembers The motion died for lack of a
second
The ordinance was adopted on second reading by a 4-1 roll call vote The vote was as follows
Councilmembers Garcia, Thornton, Vice Mayor Vernon and Mayor Oldakowski voting Yes
Councilmember Weinman voting No
9 RESOLUTIONS The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO RATIFY THE PROPOSED
EQUAL RIGHTS AMENDMENT TO THE UNITED STATES CONSTITUTION AND
AUTHORIZING THE VILLAGE CLERK TO SEND CERTIFIED COPIES OF THIS
RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF
THE FLORIDA HOUSE, AND THE GOVERNOR OF FLORIDA
Vice Mayor Vernon made a motion to approve the resolution The motion was seconded by
Councilmember Thornton
Rachel Fned, Youth Council Mayor addressed the Council regarding this resolution
The resolution was approved by a 5-0 voice vote The vote was as follows Councilmembers Garcia,
Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes
A public hearing of the Village Council to consider the adoption of the proposed Evaluation and
Appraisal Report of the Village of Key Biscayne Comprehensive Plan as recommended by the Local
Planning Agency
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE
VILLAGE OF KEY BISCAYNE MASTER PLAN, STATING THE INTENT OF THE
VILLAGE COUNCIL TO AMEND THE MASTER PLAN BASED UPON
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June 13 2006
RECOMMENDATIONS CONTAINED IN THE REPORT, APPROVING TRANSMITTAL
OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN
ACCORDANCE WITH SECTION 163 3191, FLORIDA STATUTES, PROVIDING FOR
EFFECTIVE DATE
Councilmember Garcia made a motion to approve the resolution The motion was seconded by
Councilmember Thornton
Jud Kurlancheek, Director of Building, Zoning and Planning and Sylvia Vargas with Wallace
Roberts and Todd addressed the Council regarding this resolution
The Mayor opened the public heanng Cecile Sanchez, 260 Cypress Dnve and Linda
Davitian, 720 Myrtlewood Dnve addressed the Council The Mayor closed the public
heanng
The resolution was approved by a 5-0 voice vote The vote was as follows Councilmembers Garcia,
Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING TERMINATION OF NAME DISPLAY COVENANT EXECUTED
BY THE VILLAGE OF KEY BISCAYNE FOR THE BENEFIT OF THOMAS H
WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR
TRUSTEES OF THE CHARLES G REBOZO REVOCABLE TRUST UNDER
REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, APPROVING
EXECUTION OF NEW NAME DISPLAY COVENANT TO BE EXECUTED BY THE
VILLAGE OF KEY BISCAYNE FOR THE BENEFIT OF THOMAS H WAKEFIELD,
CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF
THE CHARLES G REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST
AGREEMENT DATED JANUARY 20,1989, AND APPROVING SIGNAGE PURSUANT TO
THE NEW NAME DISPLAY COVENANT, AUTHORIZING THE VILLAGE MANAGER
TO EXECUTE THE TERMINATION OF NAME DISPLAY COVENANT AND THE NEW
NAME DISPLAY COVENANT AND TO TAKE ALL STEPS NECESSARY TO
IMPLEMENT THIS RESOLUTION, AND PROVIDING AN EFFECTIVE DATE
Councilmember Garcia made a motion to approve the resolution The motion was seconded by Vice
Mayor Vernon
Director Kurlancheek addressed the Council regarding this resolution
The resolution was approved by a 5-0 voice vote The vote was as follows Councilmembers Garcia,
Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes
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June 13 2006
The clerk read the following resolution by title
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING IMPROVEMENT OF
THE PLAYING FIELD WHICH IS UTILIZED BY THE VILLAGE AT THE KEY
BISCAYNE COMMUNITY SCHOOL, AUTHORIZING CONSTRUCTION OF PLAYING
FIELD IMPROVEMENTS, AUTHORIZING CONTRACT BETWEEN THE VILLAGE AND
PROTURF, INC FOR CONSTRUCTION WORK ON PLAYING FIELD
IMPROVEMENTS, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Vernon made a motion to approve the resolution The motion was seconded by
Councilmember Garcia
The Manager and Paul Abbott with Skyline Management addressed the Council regarding this
resolution
The resolution was approved by a 5-0 voice vote The vote was as follows Councilmembers Garcia,
Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes
The clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE
AND MIAMI-DADE COUNTY, FLORIDA PROVIDING FUNDING ASSISTANCE TO THE
VILLAGE FOR THE SANITARY SEWER COMPONENT OF THE VILLAGE'S
SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT PURSUANT TO
THE 2004 BOND PROGRAM "BUILDING BETTER COMMUNITIES" OF MIAMI-DADE
COUNTY, PROVIDING FOR EXECUTION OF AGREEMENT, PROVIDING FOR
IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE
Vice Mayor Vernon made a motion to approve the resolution The motion was seconded by
Councilmember Weinman and approved by a 5-0 voice vote The vote was as follows
Councilmembers Garcia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting
Yes
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Councilmember Thornton addressed the Council regarding
construction sites as it relates to enforcement and hurricane preparation
The Manager and Director Kurlancheek addressed the Council regarding this issue
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June 13 2006
Councilmember Thornton also addressed the Council regarding delivenes on Fernwood Road
The Manager stated that staff will look into this situation
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk submitted to the Council a copy of the following proclamation issued by
the Office of the Mayor during the month of June 2006 proclaiming the week of August 7-11, 2006
as Flonda Water, Wastewater, and Systems Operators Week
Village Manager The Manager addressed the Council regarding mosquito control Public Works
Director, Armando Nunez addressed the Council regarding this issue
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
13 ADJOURNMENT The meeting was adjourned at 8 50 p m
ecffully submi
on vita H Alvarez, CMC
Village Clerk
be'?
Approved thislah day of June , 2006
7/47(c(4,,a (.,_,
Robert Oldakowski
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 TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED
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