HomeMy Public PortalAbout11-14-06 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBER 14, 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 Michael W Davey, Ennque Garcia, Steve
Liedman, Jorge E Mendia, Thomas Thornton, Patncia Weinman 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 INVOCATION Rabbi Yoel Caroline from Chabad of Key Biscayne gave an invocation
3 PLEDGE OF ALLEGIANCE Councilmember Davey led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS John C Gilbert, Fire Rescue Chief introduced the new
members of the Village of Key Biscayne Fire Rescue Department to the Council The new members
were sworn in by the Clerk
Fire Chief Gilbert recognized Executive Fire Officer of the National Fire Academy Lieutenant Tama
Martinez The Mayor, on behalf of the Council, congratulated the new members of the Fire Rescue
Department and Lieutenant Martinez
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November 14 2006
5 PUBLIC COMMENTS The following residents addressed the Council Camille
Guething, 260 Seaview Dnve and Cecile Sanchez, 260 Cypress Dnve
6 AGENDA Councilmember Weinman requested the addition of a discussion regarding
garbage on alleys as Item 10A2 and also requested a discussion regarding appointments for the
Health and Safety Committee as Item 10A3, Councilmember Garcia requested the addition of a
Sanitary Sewer Project update as Item 10A4, Councilmember Mendia requested to hear Item 10A1
immediately after the Consent Agenda, the Clerk requested to hear Item 10C1 immediately after Item
6 and also requested the addition of a motion to accept the 2006 Municipal Election Certification
as Item 1006 There was no objection to the agenda changes
At this time Item 10C1 was heard Pursuant to Section 2 02(b) of the Village Charter, an election
was held for the Vice Mayor's seat
The Mayor opened the floor for nominations Councilmember Weinman nominated Councilmember
Mendia The nomination was seconded by Councilmember Garcia The Mayor closed the floor for
nominations
A vote was taken on the nomination of Councilmember Mendia The vote was as follows
Councilmembers Davey, Garcia, Liedman, Mendia, Thornton, Weinman and Mayor Vernon voting
Yes
7 CONSENT AGENDA Councilmember Garcia made a motion to approve the following
consent agenda The motion was seconded by Councilmember Liedman 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 October 24, 2006 Regular Council Meeting
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING FLEET MANAGEMENT SERVICES AGREEMENT BETWEEN
THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY FOR MAINTENANCE
AND FUELING OF VILLAGE VEHICLES, PROVIDING FOR IMPLEMENTATION,
PROVIDING FOR AN EFFECTIVE DATE
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF WORK-
OUT EQUIPMENT FOR THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER,
AUTHORIZING PURCHASE AND INSTALLATION OF EQUIPMENT, AUTHORIZING
CONTRACT BETWEEN THE VILLAGE AND GYM SOURCE FOR SUPPLYING AND
INSTALLING EQUIPMENT, PROVIDING FOR AN EFFECTIVE DATE
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November 14 2006
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE ACQUISITION OF
FIRE VEHICLES FOR THE VILLAGE FIRE RESCUE DEPARTMENT, AUTHORIZING
AND PROVIDING FOR THE VILLAGE TO PURCHASE FIRE EQUIPMENT, TO -WIT
FIVE (5) FIRE VEHICLES, AUTHORIZING EXPENDITURE OF FUNDS, AUTHORIZING
AND APPROVING MASTER LEASE AGREEMENT AND RELATED DOCUMENTS,
PROVIDING FOR AN EFFECTIVE DATE
At this time Item 10A1 was heard Vice Mayor Mendia addressed the Council regarding the
discussion to amend the Village's Code to include definitions for condo -hotels and the reasoning
behind this discussion The discussion will be postponed to a later date
8 ORDINANCES The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CREATING AN
ADVISORY BOARD TO BE KNOWN AS THE ZONING ORDINANCE REVIEW
COMMITTEE, PROVIDING, AMONG OTHER THINGS, THE NUMBER AND
QUALIFICATIONS OF BOARD MEMBERS, RULES OF PROCEDURE AND THE
DUTIES AND RESPONSIBILITIES OF THE BOARD, 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 first reading The motion was
seconded by Councilmember Weinman
The Attorney and Jud Kurlancheek, Building, Zoning and Planning Director addressed the Council
regarding this ordinance
Councilmember Thornton made an amending motion to change the composition of the Board by
adding two (2) more residents for a total of four (4) residents The motion was seconded by
Councilmember Weinman 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 Mayor opened the public hearing Manka Formoso, 471 N Mashta Dnve, Hector
Formoso-Munas, 471 N Mashta Dnve, Michael Kelly, 395 Gulf Road, Max Puyaruc, 480
S Mashta Dnve, Bradley Newsom, 345 Pacific Road, Karen Beber Futernick, 325 Pacific
Road, Michael Kahn, 881 Ocean Dnve, Arturo Aballi, 91 Island Dnve, Edgardo Defortuna
860 Harbor Dnve and Eduardo Sanchez, 260 Cypress Dnve addressed the Council The
Mayor closed the public hearing
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November 14 2006
Councilmember Davey made an amending motion to exclude the HR Distnct from Section 2-215
Jurisdiction The motion was seconded by Councilmember Liedman 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 ordinance, as amended, 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 December 5, 2006
The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING THE
CODE OF ORDINANCES BY ESTABLISHING SECTION 6-4, "DEMOLITION OF
STRUCTURES", OF CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS",
PROVIDING FOR RULES AND PROCEDURES REGULATING THE DEMOLITION OF
BUILDINGS AND STRUCTURES WITHIN THE VILLAGE, PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR
CONFLICT, 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 Attorney and Director Kurlancheek addressed the Council regarding this ordinance
The Mayor opened the public heanng Hector Formoso-Munas, 471 N Mashta Dnve, Carter
McDowell, Attorney representing the Sonesta Property, Michael Kelly, 395 Gulf Road, Julio
Padilla, 325 Atlantic Road, Camille Guething, 260 Seaview Dnve and Patricia Romano, 361
Beechwood Dnve addressed the Council The Mayor closed the public hearing
There was extensive discussion from Council regarding this ordinance
Councilmember Garcia withdrew his motion There was no objection to the withdrawal
The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $4,000,000 OF ROAD IMPROVEMENT
REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING
FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID
BONDS, AND PROVIDING AN EFFECTIVE DATE
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November 14 2006
Vice Mayor Mendia 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 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 Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA BY
AMENDING DEVELOPMENT REGULATIONS FOR SINGLE FAMILY AND TWO-
FAMILY DISTRICTS, LIMITING MAXIMUM FLOOR AREA RATIO REQUIREMENTS
FOR DEVELOPMENT ON TWO OR MORE LOTS, 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
Director Kurlancheek addressed the Council recommending approval of this ordinance
The Mayor opened the public heanng Michael Kahn, 881 Ocean Dnve addressed the
Council The Mayor closed the public heanng
The ordinance was adopted on second reading by as 7-0 roll call vote The vote was as follows
Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor
Vernon voting Yes
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADVISING THE UNITED STATES CONGRESS THAT THE VILLAGE
COUNCIL SUPPORTS THE ADOPTION OF HOUSE BILLS 4366 AND 4836, AND TO THE
EXTENT CONSISTENT THEREWITH, RELATED SENATE BILLS 3117 AND 3115
WHICH ESTABLISH A PROGRAM TO PROVIDE REINSURANCE FOR STATE
NATURAL CATASTROPHE INSURANCE PROGRAMS AND AMEND THE INTERNAL
REVENUE CODE TO CREATE CATASTROPHE SAVINGS ACCOUNTS, PROVIDING
FOR DISTRIBUTION OF RESOLUTION, PROVIDING FOR EFFECTIVE DATE
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November 14 2006
Councilmember Liedman made a motion to approve the resolution The motion was seconded by
Councilmember Thornton 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
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE FURTHER PROCUREMENT OF ENGINEERING
SERVICES FOR THE DUNE RESTORATION PROJECT OF THE VILLAGE OF KEY
BISCAYNE BEACH RENOURISHMENT PROJECT, FROM THE FIRM OF COASTAL
SYSTEMS INTERNATIONAL, INC, PROVIDING FOR APPROVAL OF WORK
AUTHORIZATION AS AMENDMENT OF EXISTING CONTRACT, PROVIDING FOR
IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE
Councilmember Liedman made a motion to approve the resolution The motion was seconded by
Councilmember Thornton
The Manager and Public Works Director Armando Nunez addressed the Council regarding this
resolution
Tim Blankenship with Coastal Systems International, Inc addressed the Council
It was the consensus of Council to direct staff to start the process for a new beach renounshment
project
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
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Councilmember Weinman addressed the Council regarding problems
with garbage on alleys suggesting that the ZORC should look into this problem
Councilmember Weinman also addressed the Council regarding the appointment of the members of
the Safety and Health Committee requesting that Councilmembers submit the names of residents
interested in serving in this Committee
Councilmember Garcia requested an update on the proposed Sanitary Sewer Project The Manager
and Public Works Director Nunez addressed the Council regarding this project
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November 14 2006
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk submitted to the Council, for their information, Village Charter Section
7 06 related to the appointment of the Charter Commission at the December 5th Council Meeting
The Clerk also submitted to the Council the proposed 2007 Council Meeting Schedule The Council
proposed some changes to the schedule and requested that the Clerk revise the schedule and present
it again at the November 28, 2006 Zoning Meeting
Pursuant to Sections 3 and 4 of Ordinance 92-14 adopted by Village Council on June 23, 1992
established the Village's Code Enforcement procedures including the appointment of Special
Magistrates The Special Magistrates are appointed by the Council for a one year term
It was the consensus of Council to reappoint Mr Dennis O'Hara, Ms Rosemary Sala, Ms Jennifer
Leal and Mr Mortimer Fned as Special Magistrates for a one year term
The Office of the Mayor issued the following proclamation dunng the month of November
proclaiming the week of November 27 through December 4, 2006 as "Childhood Cancer Awareness
Week"
The Clerk presented to the Council the certification of the November 7, 2006 Municipal Election
results
Councilmember Davey made a motion accepting the Clerk's certification of the November 7, 2006
Municipal Election results The motion was seconded by Councilmember Thornton 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
Village Manager The Manager did not submit a report
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 9 37 p m
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November 14 2006
Res i ully submted
onchata H Alvarez, CMC
Village Clerk
Y/frAtt'
Approved this 2; h ' ay of November , 2006
Robert L Vernon
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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