HomeMy Public PortalAbout10-12-04 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 12, 2004
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 Martha F Broucek, Carol Diaz -Castro,
Mortimer Fried, James L Peters, Robert L Vernon, Vice Mayor Jorge Mendia 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 and Mrs Ehecer Mendia led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS Mayor Oldakowski, on behalf of the Village Council,
presented a Certificate of Election to the newly elected members of the Village of Key Biscayne
Youth Council
5 PUBLIC COMMENTS The following resident addressed the Council Anruka Akerlund-
Tarajano, 200 Cypress Dnve
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October 12 2004
6 AGENDA The Clerk requested the addition of a motion authorizing the Manager to send
a mailing to all registered voters regarding the Charter Amendment as Item 10A3 and the addition
of a motion to consider the broadcasting of the Mayoral Debate and Council Forum sponsored by
the Islander News on Channel 16 as Item 1005 and Vice Mayor Mendia requested to take Item 10A1
out of order after Item 7A There was no objection to the agenda changes
7 APPROVAL OF MINUTES Councilmember Fried made a motion to approve the minutes
of the September 28, 2004 Second Budget Hearing The motion was seconded by Vice Mayor
Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek,
Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
At this time Item 10A1 was heard
Councilmember Fried made a motion to reconsider the decision made by Council to remove 21
Mahogany trees on Harbor Drive The motion was seconded by Councilmember Diaz -Castro and
approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Diaz -Castro,
Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
The following residents addressed the Council regarding the trees Bruce Cuthbertson, 635
Allendale Road, Jim Taintor, 355 Harbor Drive, Lee Schmachtenberg, 201 Crandon
Boulevard, Colette Dates, 180 Harbor Drive, Hugh Dates, 180 Crandon Boulevard, Dr
Jaime Zambrano, 169 Harbor Drive, Roberto Porcan, 181 Harbor Drive, Cecile Sanchez, 260
Cypress Drive and Dr Alex Zachana, 245 Harbor Drive
Councilmember Broucek made a motion to direct the Manager to meet with the residents in order
to get their input, to hire an arbonst to look at the Mahogany Trees on Harbor Drive and all other
trees within the Village and make recommendations to Council, including a financial component
The motion was seconded by Vice Mayor Mendia
There was extensive discussion from Council regarding this issue
Director of Public Works, Armando Nunez addressed the Council regarding the Mahogany trees on
Harbor Drive
The Broucek motion was approved by a 6-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
Councilmember Peters was out of the room at the time the vote was taken
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October 12 2004
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 8 "ENVIRONMENT," BY CREATING
ARTICLE V "HURRICANE PROTECTION MEASURES" CONSISTING OF SECTION
8-301 "PREVENTION OF STORM DAMAGE", PROVIDING REGULATIONS
CONCERNING LANDSCAPING AND THE MAINTENANCE AND DISPOSAL OF
LANDSCAPING DEBRIS, TREES, YARD WASTE AND VEGETATION, SO AS TO
MITIGATE POTENTIAL STORM IMPACTS AND DAMAGES, PROVIDING
RESTRICTIONS ON PLACEMENT OF LANDSCAPING DEBRIS, REQUIRING
REMOVAL OF EXOTIC PLANTS AND TREES, PROVIDING FOR PROTECTION OF
ELECTRIC POWER LINES FROM VEGETATIVE GROWTH, PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR
PENALTY, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Mendia made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Fned
Jud Kurlancheek, Director of Building, Zoning and Planning and Director Nunez addressed the
Council regarding this ordinance
There was extensive discussion from Council regarding this ordinance
The Mayor opened the public heanng James Taintor, 355 Harbor Dnve addressed the
Council The Mayor closed the public heanng
Councilmember Diaz -Castro made an amending motion to eliminate subsection (b) Removal of
Exotic Plants and Trees The motion was seconded by Councilmember Peters and approved by a
7-0 voice vote The vote was as follows Councilmembers Broucek, Diaz -Castro, Fned, Peters,
Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
It was the consensus of Council to direct staff to add to the ordinance for second reading, the
requirement of access to the FPL easement
The ordinance, as amended, was adopted on first reading by a 7-0 roll call vote The vote was as
follows Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and
Mayor Oldakowski voting Yes
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October 12, 2004
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE ISSUANCE OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE
BONDS, SERIES 2004, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $2,800,000 FOR THE PURPOSE OF
REIMBURSING THE PROJECT FUND FOR COSTS OF ACQUIRING LAND LOCATED
AT 530 CRANDON BOULEVARD (THE FORMER CITGO STATION SITE) FOR
VILLAGE PURPOSES, FINANCING A PORTION OF THE COSTS OF SITE
IMPROVEMENTS FOR THE VILLAGE'S CIVIC CENTER, FINANCING
ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER
PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF ISSUANCE OF THE
BONDS, AWARDING THE SALE OF THE BONDS TO SUNTRUST BANK, PROVIDING
FOR SECURITY FOR THE BONDS, PROVIDING OTHER PROVISIONS RELATING TO
THE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH, AND PROVIDING AN EFFECTIVE DATE
The Manager and Finance Director, Randolph White addressed the Council regarding this resolution
Vice Mayor Mendia made a motion to approve the resolution The motion was seconded by
Councilmember Vernon and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia 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, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR PURPOSE OF SOLICITING BIDS FROM SOLID WASTE
HAULERS, PROVIDING FOR AN EFFECTIVE DATE
The Manager and Director Nunez addressed the Council regarding this resolution
Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Diaz -Castro and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
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October 12 2004
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 PURCHASE OF
THEATER EQUIPMENT FOR THE VILLAGE OF KEY BISCAYNE COMMUNITY
CENTER, WAIVING COMPETITIVE BIDDING FOR PURCHASE OF THEATER
EQUIPMENT PURSUANT TO VILLAGE CODE SECTION 2-85, AUTHORIZING
VILLAGE MANAGER TO COMPLETE THE PURCHASE OF THEATER EQUIPMENT
ITEMS, PROVIDING FOR A FUND TRANSFER CONCERNING THE 2003-2004 FISCAL
YEAR BUDGET TO ACCOMPLISH THE PURCHASE AUTHORIZED HEREIN, BY
PROVIDING FOR TRANSFER OF $180,000 00 FROM THE ADMINISTRATION AND
FINANCE DEPARTMENT CONTINGENCY ITEM OF THE GENERAL FUND TO THE
FURNITURE, FIXTURE AND EQUIPMENT ITEM OF THE CAPITAL PROJECTS FUND
FOR PURCHASE OF THEATER EQUIPMENT FOR THE COMMUNITY CENTER,
PROVIDING AN EFFECTIVE DATE
Councilmember Diaz -Castro made a motion to approve the resolution The motion was seconded
by Councilmember Vernon
Susie Westfall, 525 Allendale Road and Michelle Barnett, 355 West Wood Drive addressed
the Council regarding this resolution
Todd Hofferberth, Parks and Recreation Director addressed the Council regarding this resolution
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia 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, CONCERNING INITIAL ANNUAL MEMBERSHIP FEES FOR THE USE OF
THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER, SUPPLEMENTING
RESOLUTION NO 2004-12 CONCERNING SCHEDULE OF FEES FOR USE OF THE
VILLAGE'S COMMUNITY CENTER
The Manager and Director White addressed the Council regarding this resolution
Councilmember Diaz -Castro made a motion to approve the resolution The motion was seconded
by Vice Mayor Mendia and approved by a 6-0 voice vote The vote was as follows
Councilmembers Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes Councilmember Broucek was out of the room at the time the vote was taken
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October 12 2004
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 PURCHASE OF ONE
(1) PLAY STATION AS A FURNITURE, FIXTURE AND EQUIPMENT (THE FF&E")
ITEM FOR THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER, WAIVING
COMPETITIVE BIDDING FOR PURCHASE OF PLAY STATION ITEM PURSUANT TO
VILLAGE CODE SECTION 2-85, AUTHORIZING VILLAGE MANAGER TO
COMPLETE PURCHASE OF PLAY STATION ITEM, PROVIDING FOR EFFECTIVE
DATE
The Manager and Paul Abbott, Consultant for the project addressed the Council regarding this
resolution
Councilmember Broucek made a motion to approve the resolution The motion was seconded by
Councilmember Fned
Pat Weinman, 940 Manner Dnve addressed the Council
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia 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 LICENSE AGREEMENT FOR THE USE OF CHANNEL 17 FOR
EDUCATIONAL PROGRAMMING PURPOSES BETWEEN THE VILLAGE OF KEY
BISCAYNE AND KEY BISCAYNE COMMUNITY TELEVISION, INC , AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE, AUTHORIZING IMPLEMENTATION, PROVIDING AN EFFECTIVE DATE
The Attorney and the Manager addressed the Council regarding this resolution
Councilmember Vernon made a motion to approve the resolution The motion was seconded by
Councilmember Diaz -Castro
Manny Cambo, 621 Harbor Dnve, Joe Kiene, 151 Crandon Boulevard and Bill Durham, 230
Seaview Dnve addressed the Council regarding this resolution
There was extensive discussion from Council regarding this resolution
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October 12 2004
The resolution was approved by a 6-1 voice vote The vote was as follows Councilmembers Diaz -
Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
Councilmember Broucek voting No
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Councilmember Peters made a motion to name the Fitness Room in
the Commumty Center in memory of Michael Scholz The motion was seconded by Councilmember
Vernon
Bonnie Cooper, 77 Crandon Boulevard addressed the Council regarding this motion
It was the consensus of Council to refer this request to the Community Center Advisory Board
Councilmember Diaz -Castro made a motion to table the motion The motion was seconded by
Councilmember Peters and approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting
Yes
Mayor Oldakowski addressed the Council regarding the Charter Amendment on the November 2,
2004 ballot
Councilmember Broucek made a motion to extend the meeting until 11 15 p m The motion was
seconded by Vice Mayor Mendia and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
Mayor Oldakowski made a motion to authorize the Manager to send a mailing to all registered voters
urging them to vote YES on the proposed Charter amendment and include the Council's support for
the Miami -Dade County General Obligation Bond issue The motion was seconded by Vice Mayor
Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek,
Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
Village Attorney The Attorney did not submit a report
Village Clerk 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 Masters The Special Masters are appointed by the Council for a one year term
Mayor Oldakowski made a motion to re -appoint Mr Dennis O'Hara, Ms Rosemary Sala and Ms
Jennifer Leal as Special Masters for a one year term The motion was seconded by Councilmember
Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek,
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October 12 2004
Diaz -Castro, Fned, Peters, Vice Mayor Mendia and Mayor Oldakowski voting Yes Councilmember
Vernon was out of the room at the time the vote was taken
The Clerk submitted to the Council a proposed 2005 Council Meeting Schedule This item was
deferred to the next Council Meeting
The Clerk submitted to the Council a copy of the following proclamations issued by the Office of
the Mayor during the month of October 2004 proclaiming August 21, 2004 as Kevin Burham Day,
proclaiming October 10, 2004 as Taiwan Day, proclaiming November 21 to 28, 2004 as Bible Week
and proclaiming the month of November 2004 as National Epilepsy Awareness Month
The Clerk also addressed the Council regarding the broadcasting of the Mayoral Debate and Council
Forum sponsored by the Islander News on Channel 16 requesting a motion to allow the debate and
the forum to be broadcast on Channel 16
Councilmember Broucek made a motion to permit the broadcasting of the Mayoral Debate and
Council Forum sponsored by the Islander News on Channel 16 The motion was seconded by Vice
Mayor Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting
Yes
Village Manager The Manager and Director Kurlancheek addressed the Council regarding the off -
site activities conducted on the Public Beach If the Council decides to allow the rental of watercraft
and other concessions to continue on the public beach, it is recommended that the GU Government
Use zoning regulations be amended and a comprehensive set of rules be adopted that address
watercraft rentals, as well as all other beach activities The activities and issues are broad in scope
and requires extensive discussion, it is suggested that the Council schedule a workshop meeting
Councilmember Fned made a motion to extend the meeting until 11 20 p m The motion was
seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
The Clerk was directed to look for a date for the above mentioned workshop and present it to
Council at the next Council Meeting
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
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13 ADJOURNMENT The meeting was adjourned at 11 20 p m
Re ' e . fully submitted
Conchita H Alvarez, CMC
Village Clerk
Approved this 9th day of November, 2004
VCLL/h/ C,
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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