HomeMy Public PortalAbout07-05-05 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JULY 5, 2005
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 Ennque Garcia, Steve Liedman, Jorge E
Mendia, Thomas Thornton, Patricia 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 Bud Schroeder, Key Biscayne Community Church gave an
invocation
3 PLEDGE OF ALLEGIANCE Mr Larry Garfield led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS There were no special presentations
5 PUBLIC COMMENTS The following residents addressed the Council Michele Estevez-
Hayes, 800 Crandon Boulevard and Michael Kahn, 881 Ocean Drive
6 AGENDA Mayor Oldakowski requested the addition of a discussion regarding the need
to schedule a Special Council Meeting at the end of July as Item 10D1 and also requested the
addition of an update regarding the Beach Management Plan as Item 10D2 There was no objection
to the agenda changes
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July 5 2005
7 APPROVAL OF MINUTES Councilmember Mendia made a motion to approve the
minutes of the June 14, 2005 Regular Council Meeting and the minutes of the June 21, 2005 Budget
Workshop 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
8 ORDINANCES The Clerk read the following ordinance on first reading, by title
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2
"ADMINISTRATION" BY CREATING SECTION 2-75 "FIRE RESCUE TRANSPORT
FEE", TO PROVIDE FOR FEES TO BE IMPOSED FOR FIRE RESCUE TRANSPORT
SERVICES PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE
DEPARTMENT, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE
Councilmember Liedman made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Garcia
Chief of Fire Rescue John C Gilbert and the Manager addressed the Council regarding this
ordinance
The Mayor opened the public heanng Michael Kahn, 881 Ocean Dnve and Ed Meyer, 100
Sunrise Drive addressed the Council 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 Clerk announced the second reading of this ordinance for August 30, 2005
The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5 01
"ELECTIONS", TO PROVIDE FOR ELIMINATION OF PRIMARY ELECTIONS FOR
COUNCIL MEMBERS AND TO INSTEAD PROVIDE FOR COUNCIL MEMBERS TO BE
ELECTED AT A SINGLE ELECTION, RETAINING PRIMARY ELECTION FOR OFFICE
OF MAYOR, CALLING AN ELECTION ON THE PROPOSED AMENDMENT TO THE
VILLAGE CHARTER TO BE HELD ON A DATE WHICH IS SET BY RESOLUTION OF
THE VILLAGE COUNCIL, PROVIDING FOR SUBMISSION TO THE ELECTORS FOR
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July 5 2005
APPROVAL OR DISAPPROVAL OF THE CHARTER AMENDMENT SET FORTH
HEREIN, PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROVIDING FOR
PROCEDURE FOR BALLOTING, PROVIDING FOR NOTICE OF ELECTION,
PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember Mendia made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Weinman
The Attorney addressed the Council regarding this ordinance
The Mayor opened the public hearing Michael Kahn, 881 Ocean Drive addressed the
Council 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 Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor
Oldakowski voting Yes
The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER
17 "NOISE" OF THE VILLAGE CODE TO ENHANCE REGULATIONS AND
RESTRICTIONS ON NOISE, PROVIDING FOR PENALTIES, PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN
EFFECTIVE DATE
This hearing is continued from the June 14, 2005 Regular Council Meeting
The Manager addressed the Council regarding this ordinance recommending that the hearing be
continued to the August 30, 2005 Council Meeting
John Shubin, Shubin and Bass, representing the Ritz Carlton Key Biscayne addressed the
Council
Councilmember Garcia made a motion to continue this hearing to the August 30, 2005 Regular
Council Meeting 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
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July 5 2005
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING
THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND
THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET
HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO
FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE
COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE
RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE
OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Thornton made a motion to approve the resolution The motion was seconded by
Councilmember Garcia
The Manager, Randolph G White, Director of Finance and the Attorney addressed the Council
regarding this resolution
The resolution was 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING MAJOR ISSUES AND SCOPE OF WORK FOR THE
EVALUATION AND APPRAISAL REPORT ON THE VILLAGE MASTER PLAN,
PROVIDING FOR EFFECTIVE DATE
Vice Mayor Vernon made a motion to approve the resolution The motion was seconded by
Councilmember Weinman
The Manager and Director of Building, Zoning and Planning Jud Kurlancheek addressed the Council
regarding this resolution
Frank Caplan, 101 Crandon Boulevard member of the EAR Committee addressed the
Council
Glona Izaguirre, 285 Hampton Lane addressed the Council
The resolution was 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
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July 5 2005
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF ITS EVALUATION AND
APPRAISAL REPORT FOR THE VILLAGE MASTER PLAN TO THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL, PURSUANT TO SECTION 163 3191(10), FLORIDA
STATUTES
The Manager addressed the Council regarding this resolution
Vice Mayor Vernon 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 Garcia, Liedman, Mendia, 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, CALLING AN ELECTION TO PRESENT TO THE ELECTORS OF THE
VILLAGE THE CHARTER AMENDMENTS CONCERNING THE TERM OF OFFICE OF
COUNCIL MEMBERS AND THE ELIMINATION OF PRIMARY ELECTIONS FOR
COUNCIL MEMBERS, AS AUTHORIZED BY CHARTER AMENDMENT ENABLING
ORDINANCES OF THE VILLAGE, ESTABLISHING TUESDAY, NOVEMBER 1, 2005 AS
THE DATE FOR THE ELECTION AT WHICH THESE VILLAGE CHARTER
AMENDMENTS SHALL BE PRESENTED TO THE ELECTORS OF THE VILLAGE,
PROVIDING FOR EFFECTIVE DATE
Councilmember Liedman made a motion to approve the resolution The motion was seconded by
Vice Mayor Vernon 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 Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
AND ESTABLISHING LIMITED EXCEPTIONS TO THE VESSEL EXCLUSION ZONE
ESTABLISHED PURSUANT TO SECTION 4-32 OF THE CODE OF KEY BISCAYNE,
PROVIDING FOR LIMITATIONS, PROVIDING FOR IMPLEMENTATION, PROVIDING
FOR EFFECTIVE DATE
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July 5 2005
The Manager and Director Kurlancheek addressed the Council regarding this resolution
Councilmember Mendia made a motion to approve the resolution The motion was seconded by
Councilmember Weinman
It was the consensus of Council to table this item after hearing Item 10A1
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Oldakowski addressed the Council regarding the possibility
of rezoning the property at 303 Galen from RM 30 High Density Multiple Family to RM 16 Medium
Density Multiple Family
Director Kurlancheek and the Attorney addressed the Council regarding this issue
The following persons addressed the Council Lynn Dannheisser, 2 Biscayne Boulevard,
Miami, representing the owner of 303 Galen Drive, Tom Halley, 251 Galen Drive,
Donnatella Dillon, 300 Galen Drive, Edmund Blonde11, 550 Ocean Drive and Michael Kahn,
881 Ocean Drive
It was the consensus of Council to direct staff to look into this issue and present it to Council at a
future meeting and announce that there is an ongoing zoning process for these properties
Vice Mayor Vernon made a motion to remove Item 9E from the table The motion was seconded
by Councilmember Mendia 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
Michael Kahn, 881 Ocean Drive, Andy Langesfeld, 425 Grand Bay Dnve, Eduardo Holguin,
881 Ocean Drive, Fred Eisenberg, 881 Ocean Drive, Cnstina Fernandez, 881 Ocean Drive
and Rick Fuentes, 881 Ocean Drive addressed the Council
The resolution was 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
Mayor Oldakowski addressed the Council regarding a resolution supporting the US Mayors Climate
Agreement
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July 5 2005
Councilmember Liedman made a motion to allow Mayor Oldakowski to sign a resolution supporting
the US Mayors Climate Agreement 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
Mayor Oldakowski also addressed the Council regarding a request by the Amencan Legion to
modify the Veteran's Monument on the Village Green by adding the name of "Abraham Lincoln"
as the source of the quote
Vice Mayor Vernon made a motion to approve the requested modification to the Veterans'
Monument on the Village Green 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
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk did not submit a report
Village Manager It was the consensus of Council to hold a Council Workshop on Tuesday, July 26,
2005 regarding Crandon Boulevard Zoning and Galen Dnve
Armando Nunez, Public Works Department addressed the Council regarding the process for the
Beach Management Plan
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 45 p m
Res
ct ully submitted
adie,
Conc ita H Alvarez, CMC
Village Clerk
Approved this 30th day of August , 2005
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July 5 2005
//42(ctiAL, L__L,
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
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