HomeMy Public PortalAbout10-28-03 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 28, 2003
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 Fned, 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 Attorneys Stephen P Helfman and David Wolpin
2 PLEDGE OF ALLEGIANCE Mrs Olga Campano led the Pledge of Allegiance
3 SPECIAL PRESENTATIONS John C Gilbert, Public Safety Department Director
addressed the Mayor and Members of the Village Council introducing the following new
Firefighter/Paramedics Firefighter/Paramedic Antonio Rodnguez and Firefighter/Paramedic Robert
Morrison
4 AGENDA The Clerk requested the addition of the appointment of the Community Center
Advisory Board as Item 9A5 and the addition of the appointment of Mr John Rawics as Special
Master as Item 9A6, the Mayor requested the addition of a report regarding the proposed Virginia
Key High Charter School as Item 9A7, Councilmember Broucek requested the addition of a status
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October 28 2003
Ocean Lane Dnve as Item 9A8 and a discussion regarding the Sunshine Law as item 9A9,
Councilmember Diaz -Castro requested the addition of a report regarding Grapetree Dnve as Item
9A10 and a discussion regarding construction fencing on construction projects as Item 9A11, the
Mayor requested the addition of a discussion regarding the Debt Cap as it relates to the Crandon
Boulevard re -design project as Item 9B2 and the Manager requested the addition of a discussion to
re -schedule the November 11, 2003 Council Meeting as Item 9C 1 There was no objection to the
agenda changes
5 APPROVAL OF MINUTES Councilmember Fned made a motion to approve the minutes
of the October 14, 2003 Regular Council Meeting 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
6 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public
hearing were sworn in by the Clerk
Heanng Number RV 16 Andres Garcia, 14 Harbor Point, the applicant wishes to exceed the
maximum projection of a mooring pile of 25 ft from a property line by 29 ft in order to have four
(4) moonng piles 54 ft from the property lme The moonng piles are associated with a boat lift that
is located on an existing dock
Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his
recommendation to deny the variance because it is not consistent with the review cntena listed in
the Zoning and Land Development Regulations
Richard Bunnell with Bunnell Foundation, Inc on behalf of the applicant, addressed the
Council
The Mayor opened the public hearing Jim Tamtor, 355 harbor Dnve addressed the Council
The Mayor closed the public hearing
Councilmember Fned made a motion to deny the request The motion was seconded by
Councilmember Broucek and approved by a 5-2 roll call vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters and Mayor Oldakowski voting Yes
Councilmember Vernon and Vice Mayor Mendia voting No
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7 ORDINANCES The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE BY CREATING CHAPTER 22 "PUBLIC PLACES", INCLUDING
ARTICLE I "RESTRICTIONS ON ACTIVITIES", CONSISTING OF SECTION 22-1
"WEST MASHTA ROAD BRIDGE", REGULATING FISHING ACTIVITIES AT AND THE
USE OF THE VILLAGE'S WEST MASHTA ROAD BRIDGE AND PROVIDING PERMIT
PROGRAM FOR SUCH PURPOSES, PROVIDING FOR SEVERABILITY, PROVIDING
FOR INCLUSION IN THE CODE, PROVIDING FOR A PENALTY, AND PROVIDING
FOR AN EFFECTIVE DATE
Councilmember Fned made a motion to adopt the ordinance on second reading The motion was
seconded by Vice Mayor Mendia
The Manager and Attorney Wolpm addressed the Council regarding this ordinance
The Mayor opened the public hearing Max Puyanic, 480 South Mashta Drive addressed the
Council The Mayor closed the public hearing
Councilmember Vernon made an amending motion to increase the non-resident permit fee to $50 00
per calendar year The motion was seconded by Vice Mayor Mendia and approved by a 6-1 voice
vote The vote was as follows Councilmember Broucek, Fned, Peters, Vernon, Vice Mayor Mendia
and Mayor Oldakowski voting Yes Councilmember Diaz -Castro voting No
The ordinance as amended was adopted 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
At this time Mr David Schruder, Executive Director of the Virginia Key Beach Park Trust and Mr
Gene Teerue, Vice Chairman of the Trust, made a special presentation to the Council regarding the
Virginia Key Beach Park Master Site Plan
8 RESOLUTIONS 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 THE VILLAGE OF KEY
BISCAYNE CIVIC CENTER PROJECT, RECONCILING CONTINGENCY ITEMS AND
CONSTRUCTION BUDGET ITEMS OF THE PROJECT, AUTHORIZING
CONSTRUCTION WORK ITEMS AND EQUIPMENT PURCHASE ITEMS DESCRIBED
HEREIN, AUTHORIZING AMENDMENTS NO 9, 10, 11 AND 12 TO AGREEMENT
BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING ITEMS
DESCRIBED HEREIN, PROVIDING FOR SPECIFICATION OF FUNDS AND
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AUTHORIZING EXPENDITURES FOR ITEMS DESCRIBED HEREIN, PROVIDING FOR
EFFECTIVE DATE
It was the consensus of Council to hear Item 9D3 together with this resolution
Councilmember Diaz -Castro made a motion to approve the resolution The motion was seconded
by Vice Mayor Mendia
The Manager and Paul Abbott, Construction Manager for the Project, addressed the Council
regarding this resolution
Michael Lanciault with James A Cummings, Inc addressed the Council
There was extensive discussion from Council regarding this resolution
The resolution was approved by a 6-1 voice vote The vote was as follows Councilmembers Diaz -
Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
Councilmember Broucek voting No
At this time Item 9D3 was heard Mr Paul Abbott, Construction Manager for the Project addressed
the Council
Randy White, Finance Director through the Firm of Severn Trent addressed the Council
regarding the debt service and revenues
Robert Maphis with James A Cummings Inc addressed the Council
9 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Oldakowski gave an annual budget message according to
Section 2 02 (a) of the Charter of the Village of Key Biscayne
Mayor Oldakowski addressed the Council regarding Rules and Regulations for Committees It was
the consensus of Council to table this item
Councilmember Broucek addressed the Council regarding the Crandon Boulevard development and
re -development cumulative effects of commercial development
The Attorney and Jud Kurlancheek, Director of Building, Zomng and Planning addressed the
Council regarding this issue
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October 28 2003
It was the consensus of Council to direct staff to do a comprehensive analysis of Crandon Boulevard
commercial and office properties in order to evaluate the overall potential development that could
occur and make recommendations to Council
Mayor Oldakowski addressed the Council regarding the appointment of Mr Oscar de Armas to the
Art in Public Places Board as the result of the resignation of Ms Theresa Hodges
Councilmember Fried made a motion to appoint Mr de Armas to the Art in Public Places Board
The motion was seconded by Councilmember Diaz -Castro and approved by a 6-0 voice vote The
vote was as follows Councilmembers Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and
Mayor Oldakowski voting Yes Councilmember Broucek was out of the Chamber at the time the
vote was taken
Mayor Oldakowski addressed the Council regarding the appointment of the Community Center
Advisory Board Ordinance No 2003-7, adopted by the Village Council on August 26, 2003 created
a Community Center Advisory Board to provide recommendations to the Council regarding the
Village's new Community Center The Board shall be composed of seven (7) members appointed
by the Mayor, with the approval of the Council
Mayor Oldakowski proposed the appointment of the following residents 1 Mr Jim Leavitt, Youth
Athletics, 2 Ms Susie Westfall, Cultural Programs, 3 Mr Sixto Campano, Financial
Management, 4 Ms Bonnie Cooper, Semor Services, 5 Ms Cathenne Dowd, Marketing, 6 Mr
Carlos Batlle, Legal and 7 Ms Pat Weinman, Youth/Teens
The Mayor also thanked all the residents who have expressed an interest in serving on this Advisory
Board and urged them to volunteer their time and talents to work with this Board in their area of
interest to assure the greatest success for our Community Center
Vice Mayor Mendia made a motion to accept the appointments for the Community Center Advisory
Board as submitted by Mayor Oldakowski The motion was seconded by Councilmember Fned 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 Mayor also addressed the Council regarding the appointment of Mr John Rawicz as Special
Master Councilmember Vernon made a motion to appoint Mr Rawicz as Special Master 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
The Mayor and the Manager addressed the Council regarding the progress of a proposed Charter
High School on Virginia Key
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Councilmember Diaz -Castro made a motion to extend the meeting to 11 30 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, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
Councilmember Broucek addressed the Council regarding the status of Ocean Lane Dnve
Armando Nunez, Public Works Director addressed the Council regarding this issue
Councilmember Broucek and the Attorney addressed the Council regarding the importance of the
Sunshine Law
Councilmember Diaz -Castro addressed the Council regarding the progress on Grapetree Dnve and
the construction fencing on construction projects
Director Nunez addressed the Council regarding these issues
Village Attorney The Attorney addressed the Council regarding a proposed ordinance dealing with
Charter Amendments The two proposed Charter Amendments consist of the following 1 )
Amending the term of office of Council Members from two year terms to four year terms of office,
while retaining the two year term for the Office of Mayor and 2) Eliminating the run-off election
for Mayor and Council Member positions and the related majonty vote of elector requirement, so
as to enable the Mayor and Council Members to be elected at a single regular election at which those
candidates receiving the greatest number of votes are elected
Mayor Oldakowski addressed the Council regarding the debt cap as it relates to the Crandon Re-
design and Improvement Project
The Attorney addressed the Council regarding this issue
Councilmember Broucek made a motion to instruct the Attorney to draft an ordinance regarding
exception to the debt cap for a specific project, Crandon Boulevard re -design and improvements to
be placed on the ballot for the voters to decide The motion was seconded by Councilmember Fned
and approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Fned,
Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes Councilmembers Diaz -Castro and
Peters voting No
Village Clerk The Clerk addressed the Council regarding a conflict with the Council Meeting
scheduled for November 11, 2003
Councilmember Peters made a motion to re -schedule the November 11, 2003 Council Meeting to
November 10, 2003 The motion was seconded by Vice Mayor Mendia and approved by a 7-0 voice
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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 addressed the Council reporting that the Village will advertise an
Invitation to Bidders to provide a salary and benefits survey for Village employees
Councilmember Fned made a motion to cancel the November 25, 2003 Zoning Meeting 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
Carter McDowell, attorney for the Ritz Carlton, addressed the Council regarding the
cancellation of the November 25, 2003 Zoning Meeting
The Manager presented to the Council a letter from Sugarman & Susskind, firm representing the Key
Biscayne Professional Firefighters Local 3638, requesting that the Village voluntarily recognize
Local 3638 as the exclusive collective bargaining representative of a bargaining unit compnsed of
the Village's fire department captains, lieutenants and firefighter paramedics, and excluding the
deputy chief, emergency services director, and all other employees of the Village
Chnstopher F Kurtz, Attorney with Weiss Serota Helfinan Pastonza Guedes Cole & Boniske, P A
addressed the Council regarding the request from the Fire Rescue Department
The Manager stated her recommendation to deny voluntary recogmzition of Local 3638
Councilmember Diaz -Castro made a motion to extend the meeting to 11 35 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
Vice M ayor M endia m ade a m otion t o d eny t he r equest for v oluntary r ecogmtion o f t he K ey
Biscayne Professional Firefighters Local 3638 The motion was seconded by Councilmember Fned
and approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Fned,
Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes Councilmembers Diaz -Castro and
Peters voting No
10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
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October 28 2003
12 ADJOURNMENT The meeting was adjourned at 11 40 p m
Res i ' lly submitted
a H Alvarez, CMC
Village Clerk
Approved this 10th day of November , 2003
4,o (6..4-, 1,--.
Robert Oldakowski
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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