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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 1 of 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 2of6 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 3 of 6 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 4of6 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 5of6 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 14,5gg .0E" ANk/ -DON' 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 20 eo, (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 1. A/t/ 64 CsA475/93,S00 �,vL L74/ T� f a� �rz),� .�7�ieN�J 77 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 Z.Vg5egfre 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 o b 6, -r VRjvcs,q 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 1 i2M A Oeeee:e�4S�/A� -7-DeieZty. _:27;o7E,e,o,477:nve 4//1/O k 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