HomeMy Public PortalAbout03-14-06 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, MARCH 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 Enrique Garcia, Steve Liedman, Jorge E
Mendia, Thomas Thornton, Patncia Weinman, Vice Mayor Robert L Vernon and Mayor Robert
Oldakowski Also present were Village Manager Jacqueline R Menendez, Village Clerk Conchita
H Alvarez and Village Attorney Stephen P Helfman
2 INVOCATION Reverend Richard Crane, Key Biscayne Presbytenan Church gave an
invocation
3 PLEDGE OF ALLEGIANCE Mr Ed Easton led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS Mr Ed Easton, Chairman, 2020 Vision Plan Committee
addressed the Council stating that the report summanzes the Village's vision of its preferred future,
and the initiatives and projects required to implement the vision This report was prepared with the
assistance of Wallace Roberts & Todd, LLC
Councilmember Mendia made a motion to accept the Plan The motion was seconded by
Councilmember Liedman
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March 14 2006
Vice Mayor Vernon made an amending motion to remove properties designated as future fields,
parks and piers The motion was seconded by Councilmember Liedman
Vice Mayor Vernon made an amending motion to eliminate Item 9A (on page 33 of the report)
"Village Park Create new park between Glenndge and Fernwood Roads (buy 16 lots) for playfields,
irrigation, parking, landscaping, skateboard park " The motion was seconded by Councilmember
Liedman and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia,
Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes
Councilmember Liedman made an amending motion to eliminate the four green dots (Potential
Neighborhood Park) and the two blue dots (Potential Bay Access) from the map on page 21 The
motion was seconded by Councilmember Garcia and approved by a 7-0 voice vote The vote was
as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon
and Mayor Oldakowski voting Yes
The Plan, as amended, was accepted by a 7-0 voice vote The vote was as follows Councilmembers
Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting
Yes
The following persons addressed the Council Spencer Tew, Attorney for Raul de la Hena,
641 Glenndge Road, Nat Chediak, 690 Warren Lane, Peter Verbeck, 401 Glenndge Road,
Mike Davey, 425 Glenndge Road, Mark Yehle, 300 West Enid Dnve, Camille Guething,
260 Seaview Dnve, Tom Mozloon, Director, Key Biscayne Presbytenan Church and Jose
Teran, 445 Grand Bay Dnve
It was the consensus of Council to direct staff to propose dates to the Council, at a future meeting,
for a workshop regarding 2020 Vision
At this time the Council took a 5 minute recess
The meeting was reconvened at 8 00 p m
The Attorney addressed the Council stating that Councilmember Garcia and Vice Mayor Vernon will
not be participating in this presentation due to a potential conflict of interest
Mr Steve Sonnabend, representing The Sonesta Beach Resort addressed the Council Edgardo De
Fortuna, Fortune Realty, Chad Oppenheim, Architect for the project, Raymond Jungles, Landscape
Architect, Carter McDowell, Attorney for the Sonesta and Alan Sonnabend, Sonesta Beach Resort
made a preliminary presentation to Council regarding their new project
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March 14 2006
The following residents addressed the Council Camille Guething, 260 Seaview Dnve Imgo
Ardid, 101 Cape Flonda Dnve, Carlos Deschapelles, 390 Atlantic Road, Mattias
Lichtenheld, 440 Palmwood Lane, Michael Kelly, 395 Gulf Road, Ed Meyer, 100 Sunrise
Dnve, Mortimer Fned, 291 Harbor Court, Ira Kurzban, 300 Pacific Road, Julio Padilla, 325
Atlantic Road and Mary Joe Pinedo, 365 Atlantic Road
At this time the Council took a 5 minute recess
The meeting was reconvened at 9 26 p m
5 PUBLIC COMMENTS There were no speakers present
6 AGENDA There were no agenda changes
7 CONSENT AGENDA Councilmember Garcia made a motion to approve the following
consent agenda The motion was seconded by Councilmember Weinman and approved by a 7-0
voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton,
Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes
The minutes of the February 21, 2006 Zoning Meeting
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
VILLAGE OF KEY BISCAYNE AND ESTRADA HINOJOSA & COMPANY, INC,
CONCERNING FINANCIAL ADVISORY SERVICES, PROVIDING FOR AN EFFECTIVE
DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ACCEPTING TWO HUNDRED THOUSAND ($200,000 00) DOLLAR
STORMWATER DRAINAGE IMPROVEMENT GRANT FROM THE STATE OF
FLORIDA PURSUANT TO DEP AGREEMENT NUMBER LP6107, PROVIDING FOR
IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING
MIAMI-DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF
FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING TO ACHIEVE A HIGH -
QUALITY EDUCATION SYSTEM
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March 14 2006
8 ORDINANCES The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", BY CREATING
SECTION 2-103 "EARLY VOTING", CONCERNING VILLAGE ELECTIONS,
PROVIDING FOR A SPECIFIC DURATION FOR EARLY VOTING, AND
AUTHORIZING REVISING OR ELIMINATING EARLY VOTING FOR VILLAGE
ELECTIONS BY COUNCIL RESOLUTION FOR A SPECIFIC ELECTION, OPTING OUT
OF THE REQUIREMENTS OF PARAGRAPH (2) OF SECTION 101 657, FLORIDA
STATUTES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN
CODE, 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 Clerk addressed the Council regarding this ordinance
The Mayor opened the public hearing There were no speakers present The Mayor closed
the public hearing
The ordinance was adopted on first reading by a 7-0 roll call vote The vote was as follows
Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor
Oldakowski voting Yes
The second reading of this ordinance will be on April 11, 2006
The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING ARTICLE II "VILLAGE COUNCIL" OF CHAPTER 2
"ADMINISTRATION" BY CREATING SECTION 2-21 "DEFENSE OF OFFICIALS IN
ETHICS MATTERS", PROVIDING FOR THE DEFENSE OF OFFICIALS, DEFINITIONS,
DEFENSE OF OFFICIALS, REQUEST AND APPROVAL, AUTHORIZATION,
RESERVATION OF RIGHTS AND IMMUNITIES, APPLICABILITY, MALICIOUS,
FRIVOLOUS OR GROUNDLESS ALLEGATIONS, PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCLUSION IN CODE, AND PROVIDING FOR AN EFFECTIVE
DATE
The Attorney addressed the Council regarding this ordinance
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March 14 2006
Councilmember Thornton made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Garcia
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 7-0 roll call vote The vote was as follows
Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor
Oldakowski voting Yes
The second reading of this ordinance will be on Apnl 11, 2006
9 RESOLUTIONS There were no resolutions considered by Council
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Due to the resignation of Mr Oscar de Armas, Mayor Oldakowski is
recommending the appointment of Mr Frank H Caplan to the Art in Public Places Board
Vice Mayor Vernon made a motion to appoint Mr Caplan to the Art in Public Places Board The
motion was seconded by Councilmember Weinman and approved by a 7-0 voice vote The vote was
as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon
and Mayor Oldakowski voting Yes
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk did not submit a report
Village Manager Jud Kurlancheek, Building, Zoning and Planning Director and Frank H Caplan,
Chairman of the EAR Committee addressed the Council regarding the Master Plan Evaluation and
Appraisal Report prepared with the assistance of Wallace Roberts & Todd, LLC
It was the consensus of Council to hold the first public heanng on the EAR on Tuesday, Apnl 25,
2006
The Manager reported that the Village has a new and enhanced website Dr Henny Groschel-
Becker, Consultant addressed the Council
The Manager gave an update on the Crandon Boulevard Master Plan
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
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March 14 2006
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 10 10 p m
Respfetfully submitted
0/(V°1
chita H Alvarez, CMC
Village Clerk
Approved this I1 th day of April , 2006
/6o(d.t.t_ G -
Robert Oldakowski
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
6of6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAS*AE-FIR$TAAMelDIMMde
MAILING ADDRESS
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DAT `.�% Fj,V gURRED
pnARdCOUNCIL COMMO02pCFAITTEE
THE BOARD COUNCIL COMMISSIO AUTHORITY OR C TEE ON
WHICH I SERVE IS A UNIT OF
❑ CITY ❑ COUNTY
❑ OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION
MY POSITION IS
ELECTIVE
0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council
commission authority or committee It applies equally to members of advisory and non advisory bodies who are presented with a voting
conflict of interest under Section 112 3143 Florida Statutes
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before
completing the reverse side and filing the form
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES
A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss Each elected or appointed local officer also is prohibited from knowingly voting on a mea
sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained) to the special private gain or loss of a relative or
to the special private gain or loss of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or
163 357 F S and officers of independent special tax districts elected on a one acre one vote basis are. not prohibited from voting in that
capacity
For purposes of this law a relative includes only the officer's father mother son daughter husband wife brother sister father in law
mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange)
*
ELECTED OFFICERS
* *
In addition to abstaining from voting in the situations described above you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min
utes of the meeting who should incorporate the form in the minutes
*
APPOINTED OFFICERS
* * * * * *
Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you
must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in wnting and whether made
by you or at your direction
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting who will incorporate the form in the minutes (Continued on other side)
CE FORM 8B EFF 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency
The form must be read publicly at the next meeting after the form is filed
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING
You must disclose orally the nature of your conflict in the measure before participating
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the
agency and the form must be read publicly at the next meeting after the form is filed
DISCLOSURE OF LOCAL OFFICER'S INTEREST
l eit)6 06-14 '.4 hereby disclose that on .3144
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(a) A measure came or will come before my agency which (check one)
mu d to my special private gain or Toss
V inured to the gain special or loss my business associate
p
inured to the special gain or loss of my relative
inured to the special gain or loss of by
whom I am retained or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows
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Date
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A
CIVIL PENALTY NOT TO EXCEED $10 000
CE FORM 8B EFF 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
eekOSki jiG.G/D i�
i
N/J jVl 9F BOIjR� COUNCIL C 10 j Y O OMMITTEE
MAILING ADDRESS
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DAT ON WHICH VOTE &CURRED & g 6
COON /giti// 1 0g•
THE BOARD COUNCIL COMMISSION AUTHORITY 0 OMMITTEE ON
WHICH I SERVE IS A UNIT OF
0 CITY O COUNTY
❑ OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION
MY POSITION IS
oC ELECTIVE
0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council
commission authority or committee It applies equally to members of advisory and non advisory bodies who are presented with a voting
conflict of interest under Section 112 3143 Florida Statutes
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before
completing the reverse side and filing the form
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES
A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss Each elected or appointed local officer also is prohibited from knowingly voting on a mea
sure which inures to the special gain or loss of a pnncipal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained) to the special private gain or loss of a relative or
to the special private gain or loss of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or
163 357 F S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that
capacity
For purposes of this law a relative includes only the officer's father mother son daughter husband wife brother sister father in law
mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange)
* *
ELECTED OFFICERS
*
* *
In addition to abstaining from voting in the situations described above you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min
utes of the meeting who should incorporate the form in the minutes
*
* * * *
APPOINTED OFFICERS
* *
Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you
must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made
by you or at your direction
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting who will incorporate the form in the minutes (Continued on other side)
CE FORM 8B EFF 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency
The form must be read publicly at the next meeting after the form is filed
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING
You must disclose orally the nature of your conflict in the measure before participating
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the
agency and the form must be read publicly at the next meeting after the form is filed
I
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304
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on
20 CA,
(a) A measure came or will come before my agency which (check one)
i red to my special private gain or loss
inured to the special gain or loss of my business associate
inured to the special gain or loss of my relative
inured to the special gain or loss of by
whom I am retained or
inured to the special gain or loss of which
is the parent organization or subsidiary of a pnncipal which has retained me
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows
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Date Filed
Signature
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A
CIVIL PENALTY NOT TO EXCEED $10 000
CE FORM 8B EFF 1/2000
PAGE 2