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HomeMy Public PortalAbout2003 All.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING KEY BISCAYNE, FLORIDA FRIDAY, NOVEMBER 21, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 8:36 a.m. Present were Councilmembers Martha F. Broucek, Carol Diaz -Castro, James L. Peters, Robert L. Vernon, Vice Mayor Jorge Mendia and Mayor Robert. Oldakowski. Councilmember Mortimer Fried was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen P. Helfinan. 2. PLEDGE OF ALLEGIANCE: Ms. Nancye Ray led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Diaz -Castro made a motion to approve the minutes of the November 10, 2004 Regular Council Meeting. The motion was seconded by Councihnember Peters and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 4. ORDINANCES: The Clerk read the following ordinance on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A M ORATORIUM ON DEVELOPMENT PERMITS FOR ALL LANDS ZONED FOR COMMERCIAL, OFFICE OR HOTEL USES ALONG THE CRANDON BOULEVARD 1 of November 21, 2003 CORRIDOR AS DEPICTED ON ATTACHED EXHIBIT A; PROVIDING FOR A VESTED RIGHTS PROCEDURE RELATED TO THE MORATORIUM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR EXCLUSION FROM THE CODE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Attorney addressed the Council regarding this ordinance. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance and stated that the LePhare Condominium was included in the moratorium by mistake. The LePhare Condominium will be removed from the ordinance. Councilmember Broucek made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Peters. The Mayor opened the public hearing. Willy Borroto, Borroto Architects, 240 Crandon Boulevard; Henny Groschel-Becker, 290 West Mashta and Carter McDowell, Attorney representing Tesaurus Holdings, the owner of 200 Crandon Boulevard addressed the Council. The Mayor closed the public hearing. The ordinance was adopted on first reading by a 4-2 roll call vote. The vote was as follows: Councilmembers Broucek, Peters, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmembers Dial -Castro and Vernon voting No. 5. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING A STUDY OF THE ZONING ALONG THE CRANDON BOULEVARD CORRIDOR, AS DEPICTED IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR THE MANAGER TO IMPLEMENT THIS RESOLUTION; AND PROVIDING FOR EFFECTIVE DATE. Councilmember Broucek made a motion to table this resolution to the December 2, 2003 Council Meeting. The motion was seconded by Councilmember Diaz -Castro and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes: 7. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 8. ADJOURNMENT: The meeting was adjourned at 10:00 a.m. 2 of 0 November 21, 2003 Respe » lly submitte onchita H. Alvarez, CMC Village Clerk Approved this 2nd day of December , 2003: c c_ -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, MAYNEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 3 of 3 Village of Key Biscayne Office of the Village Clerk PUBLIC NOTICE Notice is hereby given that the Zoning Meeting scheduled for Tuesday, November 25, 2003 at 7:00 p.m. has been cancelled. The next Zoning Meeting will be held on Tuesday, January 27, 2004 at7:00p.m. Council Chamber 560 Crandon Boulevard Conchita H. Alvarez, CMC Village Clerk MINUTES 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 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 Attorneys Stephen P. Helfinan 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 Rodriguez 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 of I.of8 October 28, 2003 Ocean Lane Drive as Item 9A8 and a discussion regarding the Sunshine Law as item 9A9; Councilmember Diaz-Caslio requested the addition of a report regarding Grapetree Drive 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 9C1. There was no objection to the agenda changes. 5. APPROVAL OF MINUTES: Councilmember Fried 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, Fried, 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. Hearing 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) mooring piles 54 ft. from the property Iine.The mooring 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 criteria 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 Taintor, 355 harbor Drive addressed the Council. The Mayor closed the public hearing. Councilmember Fried made a motion to deny the request. The motion was seconded by Councilmember Broucek and approvedby a 5-2 roll call vote. ` The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters and Mayor Oldakowski voting Yes: Councilmember Vernon and Vice Mayor Mendia voting No. 2of8 October 28, 2003 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 Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Mendia. The Manager and Attorney Wolpin 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, Fried, 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: Councihnembers Broucek, Diaz -Castro, Fried, 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 Teethe, 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 3 of 8 October 28, 2003 AUTHORIZING EXPENDITURES FOR ITEMS DESCRIBED HEREIN; PROVIDING FOR EFFECTIVE DATE. It was the consensus of Council to hear Item 9D3 together with this resolution; Councihnember Diaz -Castro made a motion to approve the resolution. The motion 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, Fried, 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, as seconded 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 at dressed the Council regarding Rules and Regulations for Counuittees. 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, Zoning and Planning addressed the Council regarding this issue. 0 0 4of8- 4,7 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 Arenas 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: Councihnembers Diaz -Castro, Fried, 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 becomposed 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, Senior Services; 5. Ms: Catherine 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 andtalents to work with this Board in their area of interest to assure the greatest success for our Community Center. ,r 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 Fried 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 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, Fried, 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. 5of8 October 28, 2003 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, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmember Broucek addressed the Council regarding the status of Ocean Lane Drive. Armando Nunez, Public Works Director addressed the Council regarding this issue. Councilmember Broneek and the Attorney addressed the Council regarding the importance of the Sunshine Law. c. Councilmember Diaz -Castro addressed the Council regarding the progress on Grapetree Drive 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 officeiof CouncilMembers from two year terms to four year terms of office, while ,retainingthe,two year term for the Office of Mayor and 2.) .Eliminating the run-off election for Mayor • and Council Member positions and the related majorityvote 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 O.idakawski addressed tire; Council regarding4he: 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 debtcapifor 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 Fried and approved by a 5`2 voice vote. The vote was as follows: CounciIrrtembers Broucek, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmembers Diaz -Castro and Peter&votirfg ltlo. Village Clerk. The Clerk addressed the Council regarding a conflict scheduled for November 11, 2003. ith the Council Meeting 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 6of8 0 o October 28, 2003 vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, 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 Fried 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, Fried, 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 comprised 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. Christopher F. Kurtz, Attorney with Weiss Serota Helfinan Pastoriza Guedes Cole & Boniske, PA. addressed the Council regarding the request from the Fire Rescue Department. The Manager stated her recommendation to deny voluntary recognizition 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, Fried, 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 request for v oluntary r ecognition o f the K ey Biscayne Professional Firefighters Local 3638. The motion was seconded by Councilmember Fried and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fried, 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. 7of8, October 28, 2003 12. ADJOURNMENT: The meeting was adjourned at 11:40 p.m. Res ly submitted: efer one i a H. Alvarez, CMC Village Clerk Approved this 10th day of November . 2003:. 420 164 be, Robert Oidakowski Mayor . IF A PERSON DECIDES TO APPEAL ANYDECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATMEETING 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 RECORDINCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 8of8 0 MINUTES VILLAGE COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 14, 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 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. Helfinan. 2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mr. Bill Bailey led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The Mayor presented, on behalf of the Village Council, a proclamation to the family of Dorothea L. Bailey. John C. Gilbert, Public Safety Department Director addressed the Mayor and Members of the Village. Council introducing the following new Police Officers: Jorge L. Alvarez, Jose Ortega, Jennie Arias and Yoniel Alfonso. Mr. James Brewster presented to the Council a sample of mile markers for the Lighthouse Run. 5. PUBLIC COMMENTS: The following resident addressed the Council: Raul Henriquez, 900 Harbor Drive. 1 of October 14, 2003 6. AGENDA: Mayor Oldakowski requested the addition of a brief report regarding a High School on Virginia Key as Item 10A4 and the deferral of Item 10A2, Vice Mayor Mendia requested to hear Item 9E before Item 9D; Councilmember Vernon requested the addition of an update on the Mashta Bridge as Item 10D3 and Councilmember Diaz -Castro requested the addition of an update regarding the bus shelter on Crandon Boulevard and Ocean Lane Drive as Item 10D4. There was no objection to the agenda changes. 7. „ APPROVAL OF MINUTES: Councilmember Broucek made a motion to approve the minutes of the September 23, 2003 Second Budget Hearing. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote: Thevote'ivas as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 8. ORDINANCES: There were no ordinances considered by Council. 9; RESOLUTIONS: The Clerkread the following resolution by title: A RESOLUTION OF THE VILLAGE' OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF` OF THE VILLAGE WITH GOMEZ ' BARK,E'R ASSOCIATES, INC. FOR INTERGOVERNMENTAL REPRESENTATIVE SERVICES; PROVIDING FOR AN EFFECTIVE DATE. The Manager, the Attorney and Fausto Gomez, with Gomez Barker Associates, Inc. addressed the Council regarding this resolution: Councilmember Fried made a motion to approve the resolution subject to the attorney's review and changes. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Couneilmembers 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 OF KEYBISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH UNIVERSAL BEACH SERVICES CORP. FOR BEACH CLEANING SERVICES; PROVIDING FOR AN EFFECTIVE DATE, The Manager and the Attorney addressed the Council regarding this resolution. Vice Mayor Mendia made a motion to approve the resolution subject to the attorney's review and changes. The motion was seconded by Councilmember Diaz -Castro and approved by a 7-0 voice 2 of 6 October 14, 2003 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; AUTHORIZING EXPENDITURE OF AN AMOUNT NOT TO EXCEED THIRTY-TWO THOUSAND DOLLARS ($32,000) FROM THE LAW ENFORCEMENT TRUST FUND - STATE, FOR TWO VEHICLES FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. The Manager and Chief Gilbert addressed the Council regarding this resolution. Councilmember Fried 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, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR AND VILLAGE MANAGER TO BEGIN NEGOTIATIONS FOR AN ACCESS CENTER MANAGEMENT AGREEMENT WITH KEY BISCAYNE COMMUNITY TELEVISION, INC.; FOR THE PURPOSE OF PROVIDING PROGRAMMING AND MANAGEMENT SERVICES FOR THE VILLAGE'S EDUCATIONAL ACCESS ON CHANNEL 17; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Diaz -Castro. Manny Cambo, 621 Harbor Drive and Bill Durham, 748 Glenridge Road addressed the Council. There was extensive discussion from Council regarding this resolution. Councilmember Vernon made an amending motion to eliminate the Mayor from the negotiations. The motion was seconded by Councilmember Fried 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. 3of6 October 14, 2003 The resolution as amended was approvedby 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. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING POLICIES AND PROCEDURES FOR USE OF THE ACCESS CHANNELS AND PRODUCTION FACILITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Diaz -Castro made a motion to approve the resolution. The motion was seconded by Councihneniber Fried. The Manager and the Attorney addressed the Council regarding this resolution. Annika Akerlund-Tarajano, 200 Cypress Drive addressed the Council. Councilmember Broucek made a motion to defer the resolution to the November 11 2003 Council Meeting. 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 MayorMendia and Mayor Oldakowski voting Yes. The consensus was that Councilmembers would submit'to the Village Attorney their positions regarding this issue: 10. REPORTS{AND RECOMMENDATIONS: Thefollowing items were discussed: Mayor and C ouncilmembers. M ayor Oldakowski, Councilmembers B roucek and Diaz -Castro addressed the Council regarding the Seaquarium parking issue. It was the consensus of Council to direct the Attorney to keep monitoring this issue. Mayor Oldakowski • addressed the Council regarding the appointment to the Art in Public Places Board as the result of the resignationof Ms. Lynn Libby. Mayor Oldakowski proposed the appointment of Ms. Conchita Samoffto this Committee. There was no objection to the appointment. Ed Meyer, 100 Sunrise Drive addressed the Council. The Mayor addressed the Council regarding the potential siting of a charter High School on Virginia Key. 4of6 Q 0 October 14, 2003 Village Attorney. The Attorney did not submit a report. Village C lerk. P ursuant t o S ection 3 o f 0 rdinance 9 7-21 a dopted b y t he V illage C ouncil o n September 9, 1997, two Board Members are required to be appointed by the Council for a two year term. Councilmember Fried made a motion to appoint Mr. Barclay E. Cale, Jr. and Ms. Sandra L. Winters to the Police Officers and Firefighters' Pension Plan Board of Trustees. 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. 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. Councilmember Peters made a motion to 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 Vernon 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 Clerk submitted to the Council the deadlines for placing Municipal questions on the Presidential Preference primary ballot on March 9, 2004. The Charter Amendments must be passed between November 10, 2003 and January 9, 2004. It was the consensus of Council to direct the Attorney to prepare a Charter Amendment regarding eliminating the run-off election for Mayor and Councihnembers and re -instituting the four year tenui for Councihnembers. The Clerk submitted to the Council a proposed 2004 Council Meeting Schedule. Councilmember Fried made a motion to accept the proposed 2003 Council Meeting Schedule. 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 Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor during the m onth o f 0 ctober 2 003: p roclaiming N ovember 2 003 a s N ational E pilepsy Awareness Month. 5of6 October 14, 2003 Village Manager. The Manager and Todd Hofferberth, Parks and Recreation Director, addressed the Council regarding the property at 200 Crandon Boulevard There was extensive discussion from Council regarding this issue. Mr. Randolph White, Finance Director through the firm of Severn Trent Services addressed the Council regarding proposals for insurance coverage including general liability, public officials' liability, property andwindstorn for the Village, forPiscal year 2004: James Taintor, 355 Harbor Drive addressed the Council. The Manager addressed the Council regarding the status of the Mashta Bridge, fishing ordinance: This item will come before Council at the October 2S, 2003 Zoning Meeting. Armando Nunez, Public Works' Director addressed the`Canncil regarding the status of the bus shelter: 11. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council: OTHER BUSINESS/GENERAL DISCUSSION: There was no further' bus 13. ADJOURNMENT: The meeting was adjourned at 9:40 p.ni. Conchita H. Alvarez, CMC Village Clerk Approved this 28th day of October , 200. Robert Oldakowski: Mayor ness discussed. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER 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 0 Q 1 of MINUTES SECOND BUDGET HEARING KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 23, 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 Fried, Junes L. Peters, Robert L. Vernon, Vice Mayor Jorge Mendia and Mayor Robert Oldakowsla. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen P. Heitman. 2. PLEDGE OF ALLEGIANCE: Ms. Maya Becker led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the September 9, 2003 Regular Council Meetingand the minutes of the September 9, 2003 First Budget Hearing. The motion was seconded by Councilmember Vernon 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. BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTINGTHE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE' DATE. September 23, 2003 The Mayor and the Attorney addressed the Council regarding the procedure for the adoption of the budgets Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Mendia, Councilmember Broucek made a motion to table 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, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski.voting Yes; 5. BUDGET ORDINANCE: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 PURSUANTTO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Mendia. Mayor Oldakowski requested a discussion of the possibility of adding a position or positions to the Fire Department and a discussion regarding the Cost of Living Adjustment for Village employees; Councilmember Peters requested a discussion of the possibility of adding positions to the Police Department;'Councilmember Diaz -Castro requested the discussion of temporary funding for the intersection at Harbor Drive and Crandon Boulevard and a discussion on speed humps. The Mayor opened the public hearing. Henry Groschel-Becker, 290 West Mashta Drive; Maya Becker, 290 West Mashta Drive; Camille Guething, 260 Seaview Drive; Dan Feeney, President, Key Biscayne Professional Firefighters; Ed Meyer, 100 Sunrise Drive and Jim Taintor, 355 Harbor Drive addressed the Council. The Mayor' closed' the public hearing. The Manager addressed the Council regarding the budgets for the fiscal year commencing October 1, 2003 through September 30, 2004. Councilmember Fried made a motion to grant the Manager 90 days in order to continue negotiations with the City ofMiami for ancillary agreement and Miami -Dade County Fire Department for staffing of Station 15. The motion was seconded by Vice Mayor Mendia and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmember Diaz -Castro voting No. 2of5 0 0 September 23, 2003 There was extensive discussion from Council regarding the Fire Department. Councilmember Diaz -Castro made a motion to freeze 9 months of the salary for an additional firefighter at a cost of $262,544 per year in the Fire Department Budget. The motion was seconded by Councilmember Peters and failed by a 3-4 voice vote. The vote was as follows: Councilmembers Diaz -Castro, Peters and Vemon voting Yes. Councilmembers Broucek; Fried, Vice Mayor Mendia and Mayor Oldakowski voting No. The Budget for the Fire Department was approved as presented by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmember Diaz -Castro voting No. Public Safety Director John C. Gilbert addressed the Council regarding the Budget for the Police Department. Councilmember Peters made a motion to hire five additional police officers to patrol streets at all times. The motion was seconded by Councilmember Diaz -Castro. Lieutenant Ben Torres addressed the Council regarding the staffing in the Police Department. Councilmember Peters made an amending motion to increase the staffing in the Police Department to 24. police officers. The motion was seconded by Councilmember Diaz -Castro. Councilmember Peters made an amending motion to direct the Manager to prepare a study regarding the proper staffing of the Police Department. The motion was seconded by Councilmember Diaz - Castro. Councilmember Peters withdrew his motion. There was extensive discussion from Council regarding the Police Department, The Budget for the Police Department was approved as presented. Councilmember Diaz -Castro made a motion to set aside $75,000 for improvements on Harbor Drive and Crandon Boulevard. The motion was seconded by Councilmember Peters. Councilmember Diaz -Castro withdrew her motion. Armando Nunez, Public Works Director addressed the Council. It was the consensus of Council to direct the Manager to bring before Council an island wide revised traffic calming and speeding analysis in 90 days. The Budget for the Public Works Department was approved as presented. 3 of 5 September 23, 2003 Todd Hofferberth, Parks and Recreation Director addressed the Council. The Budget for the Parks and Recreation Department was approved as presented. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council. ,.4 The Building, Zoning and Planning Department was approved as presented. The Manager addressed the Council recommending lad Cost of Living Adjustment for employees fors this fiscal year. Councilmember Fried made a motion to accept the Manager's recommendation regarding the COLA. The motion wasseconded by Vice Mayor Mendia and'approved by a 7-Ovoieevbte; The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Pettis, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Budget for the Administration and Finance Department was approved as presented.' Randolph White, Director of Finance and Administrative Services, through the firm of Seven Trent and Associates, addressed the Council regarding the budget. The Manager addressed the Council regarding the budget i for the Office of the Village Clerk recommending the addition of a line item in the Clerk's Office regarding Internet Video Streaming in the amount of $6,000, The Clerk addressed the Council regarding the Budget for the Office of the Village Clerk. The Budget for the Office of the Village Clerk was approved as amended: The Budgets for the Village Council and Village Attorney were approved as presented. It was the consensus of Council to remove the WIFI Hot Spots from the Capital Outlay and transfer the item to Contingency: The Attorney addressed the Council regarding the adoption of the budgets. Councilmember Fried made a motion to remove the resolution from the table. The motion was seconded by Councilmember Vernon and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor MendiaandMayor Oldakowski voting Yes. 4of5 0 September 23, 2003 The resolution adopting the final millage rate 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 ordinance, as amended, was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 7. ADJOURNMENT: The meeting was adjourned at 10:00 p.m. Resps§tfully submitted: rt:t t onehita H. Alvarez, CMC Village Clerk Approved this 14th day of October , 2003: ` twL L -J 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. 5 of 5 MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 9, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 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. Helfiuian. 2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church gave an invocation. 3. PLEDGE OF ALLEGIANCE: Senator Gwen Margolis led the Pledge of Allegiance. 4. SPECIAL PRESENTATION: Senator Gwen Margolis made a grant presentation to the Village of Key Biscayne. 5. AGENDA: The Manager requested the deferral of Items 8A and 8B to the October 14, 2003 Regular Council Meeting and the addition of a status report by the Community Center Consultant, Mr. PaulAbbott as Item 9D1. There was no objection to the agenda changes. 6. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the August 26, 2003 Zoning Meeting. 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. 1 of 3 September 9, 2003 0 7. ORDINANCES: The Clerk read the following ordinance, on second reading by title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FILING OF A CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY TO REGULATE BASIC CABLE TELEVISION RATES AND ADOPTING ADMINISTRATIVE REGULATIONS CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S REGULATIONS FOR SUCII RATE REGULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. the ordinance o Councilmember Fried made a motion to adop seconded by Vice, Mayor Mendia. The Mayor opened the public hearing. the public hearing. second reading. The motion was There were no speakers present. The Mayor closed The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Qldakowski voting Yes. 8. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. There were no items discussed. Village Attorney. The Attorney did not submit areport. Village Clerk. The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor during the month of September 2003: proclaiming the week of October 20- 25, 2003 as World Population Awareness Week. Village Manager. Mr. Paul Abbott, Consultant for the Community Center addressed the Council giving a status report on the construction progress. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 2of3 September 9, 2003 11. ADJOURNMENT: The meeting was adjourned at 6:40 p.m. Respe ully submitt/: %ler • Conchita H. Alvarez, CMC Village Clerk Approved this 23rd day of September , 2003: (a GI L 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, MAYNEED 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. 3of3 MINUTES FIRST BUDGET HEARING KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 9, 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 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. The Mayor and the Attorney addressed the Council regarding the procedure for the adoption of the budgets. 2 BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE PROPOSED MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding the budget. I of 5, September 9, 2003 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Councilmember Fried made a motion to table the budget resolution. The motion was seconded by Councilmember Diaz -Castro and approvedby 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. 3. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 PURSUANT TO FLORIDA STATUTE 200:065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Mendia made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Vernon. The Mayor opened the public hearing. Marilyn Borroto, 220 Harbor Drive, Chairman Art in Public Places Committee addressed the Council requesting the consideration of Council to allocate 13% of the total costof the Village Hall and Fire Station Buildings to the Committee, to hire Mr. Cesar, Trasobares as Consultant and the funding of the Art Basset Project; CesarTrasobares, Miami Beach; Michael Kahn, 881 Ocean Drive; Jeanmarie Massa and Luis Terol with BFI Waste Systems and Camille Guething, 260 Seaview Drive addressed the Council. The Mayor closed the public hearing. The Manager addressed the Council regarding the proposed balanced budget for Fiscal Year 2004 recommending that the millage rate be kept at 3.606. Director of Finance and Administrative Services, through the firm of Severn Trent and Associates, Randolph White addressed the Council and the public regarding the budget. Public Safety Department Director, Chief John C. Gilbert addressed the Council regarding the budgets for the Police and Fire Rescue Departments. Jeff Liversedge, Representing the Professional Firefighters of Key Biscayne addressed the Council. There was extensive discussion from Council regarding the Fire Rescue Department. 2 of5 September 9, 2003 Public Works Director, Armando Nunez addressed the Council regarding the budget for the Public Works Department: Todd Hofferberth, Recreation Director addressed the Council regarding the budget for the Parks and Recreation Department: Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding the budget for the BZP Department. The Manager addressed the Council regarding the budget for the Administration Department. The Clerk addressed the Council regarding the budget for the Office of the Village Clerk. It was the consensus of Council to add to the Administration Budget or the Recreation Department's Budget the hiring of a Consultant for the Art in Public Places Committee at a cost of $8,500 and the funding for the Art Bassel Project at a cost of $8,000, Veronica Scharf, 455 Grand Bay Drive addressed the Council regarding the Art in Public Places program. It was the consensus of Council to accept the Manager's recommendation of not awarding a Cost of Living Adjustment for FY 2004 for village employees, except for those employees thatare at the tenth salary step. The Council requested that the Manager present a compensation analysis at a future Council meeting. It was the consensus of Council to eliminate the salary for the Chief of Police from the Police Department's budget. It was the consensus of Council to direct the Manager to bring staffing recommendations, at the Second Budget Hearing, for the Fire Department. The Manager addressed the Council regarding the salary adjustments for some Department Directors. Councilmember Broucek made a motion to extend the meeting to 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, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Attorney addressed the Council regarding the Village Attorney's budget Mr. White addressed the Council regarding the Capital Improvement Fund. 3 of 5 September 9, 2003 It was the consensus of Council to include aline, item in the Administration Budget for video on demand and live feed of Council Meetings available on the Internet and hot spots around the Village. Councilmember Broucek made a motion to extend the meeting until; 11:20 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 Councilmember Broucek madea motion to remove the budget resolution from the table. 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 Oldakowskiivoting Yes. Councilmember Fried made a motion to approve the resolution adopting the proposed millage rate for the fiscal year commencing October 1, 2003 through September 30, 2004. The motion was seconded by Councilmember Broucek 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. Vice Mayor Mendia made a motion to adopt the ordinance on first reading. The motion was seconded by Couneilmember Vernon and adopted by a 7-0 roll call vote. The votewasaas follows: Councilmembers. Broueek, Diaz -Castro, Fried, Peters, Vernon, Vice :Mayor^Mendia and Mayor Oldakowski voting Yes. The Attorney addressed the Council regarding the proposed Sequarium parking presentation before the Miami -Dade County Commission this morning. Councilmember Fried made a motion to extend the meeting until 11:25 p.m. 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, Viee,Mayor Mendia and Mayor Oldakowski voting Yes. It was the consensus of Council to request that the Attorney document all findings on the Seaquarium in the form of a letter which will be available to the Mianu-Dade County Commissioners and the Village Council. The Manager was also directed to invite the Seaquarium owners to come before Council and make a presentation on the proposed parking of the Seaquarium. 4. BUDGET INFORMATION: The following was presented to the Council for their information: 1.) Resolution 2003-23 adopted July 1, 2003, setting the first and second budget hearings; 2.) Public Notice regarding the adoption of the budgets for fiscal year commencing October 1, 2003 through September 30 2004 advertised in the Daily Business Review on September 4 of 5 September 9, 2003 2, 2003 and September 12, 2003 and in the Islander News on September 4, 2003 and September 18, 2003; 3.) Notice of Proposed Tax Increase and Budget Summary for fiscal year 2003-2004; 4.) Miami -Dade County 2003 assessment roll estimate and 5.) Miami -Dade County Certification of Taxable Value. 5. ADJOURNMENT: The meeting was adjourned at 11:25 p.m. r^. Re : ec fully submitted: tia H. Alvarez, CMC Village Clerk Approved this 23rd day of September, 20032 Robert Oldakowski Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT 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. 5 of 5 MINUTES ZONING MEETING KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 26, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD I. 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 Attorneys Gary Resnick and Stephen P. Hellman. 2. PLEDGE OF ALLEGIANCE: Mr. Sixto Campano led the Pledge of Allegiance. The Clerk addressed the Council and the public reporting that the agenda was not posted on the web site due to technical difficulties. 3. SPECIAL PRESENTATION: Mr. Juan Kuryla, Assistant Port Director/Intergovernmental Affairs with the Port of Miami and Ms. Becky Hope, Dredging Engineer made a presentation regarding the Dredging Project. Cameron Perry with Coastal Engineers addressed the Council regarding this project. 4: AGENDA: The Clerk requested to substitute Item 8D with an ordinance on first reading as Item 7A; Councilmember Broucek requested the addition of a discussion of Ocean Lane Drive as Item 9A3; Councilmember Diaz -Castro requested the addition of a report on the requested repairs at Harbor Drive/Crandon Boulevard intersection as Item 9A4 and Mayor Oldakowski requested the addition of a status report on the Community Center Project as Item 9D3. There was no objection to the agenda changes. 1 of 9 August 26,, 2003 5. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the June 24, 2003 Regular Council Meeting, the minutes of the July 1, 2003 Regular Council Meeting and the minutes of the July 1, 2003 Budget Workshop. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Couneilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 6. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Clerk. Hearing Number RV 15. This hearing is continued from the May 27, 2003 Zoning Meeting. Armando Chapelli, 925 Mariner Drive, the applicant, is requesting the following variances associated with a dock and boat lift: 1) waive the maximum 10 ft extension of a dock into a canal, lake or waterway in order to permit a dock to extend 35 ft. 6 in. into a canal; 2) waive the maximum 4 ft. 4 in. (10% of the width of a canal) extension of a boat lift into a canal, lake, or waterway in order to permit a boat lift to extend ., into a canal Jud Kurlancheek, Director of Building, Zoning, and Planning addressed, the Council with the recommendation that Variance Number 1 be denied.and Variance Number 2 be approved subject to a finding from the Army Corps ofEngineeis that th.e location of the boat lift over the canal will not result in a safety hazard. Mr. Armando Chapelli, the applicant, addressed the Council', regarding the The Mayor opened the public hearing. Edward Fidatgo, 190 Island Drive; Charles Virgin, 945 Mariner Drive; Helmut Bracke, 270 Island Drive and Sixto Campano, 999 Mariner Drive addressed the Council: ThhMayor elosed'the publip hearing: The Attorney addressed the Council regarding this hearing` Councilmember Fried made a motion to deny the variance requesting to waive the maximum 10 ft extension of a dock into a canal, lake or waterway m order to permit a dock to extend 35 ft. 6 in. into. a canal The motion was seconded by Councilmember Vernon and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Vemon, Vice. Mayor Mendia and Mayor Oldakowski voting Yes. CouncilmemberiFried voting No. Vice Mayor Mendia made a motion to continue the hearing on the request to waive the maximum 4 ft. 4 in. (10% of the width `of a canal) extension of a boat lift into a canal, lake, or waterway in order to permit a boat lift to extend 8 ft. into a canal, to the October 28, 2003 Zoning Meeting. The motion was seconded by Councilmember Pe eis and approved by 6-1 roll call vote. The vote was 2of9 August 26, 2003 as follows: Councilmembers Diaz -Castro, Fried, Vernon, Vice Mayor `Mendia and Mayor Oldakowski voting Yes. Councilmember Broucek voting No. Hearing Number SP -08. Grand Bay Hotel Partners, Ltd., 455 Grand Bay Drive, the applicant, is requesting to modify an approved development tract review plan by constructing a 44 ft. x 41 ft. Chickee over an area that presently contains tables with umbrellas adjacent to the Sand Bar Restaurant. Director Kurlancheek addressed the Council recommending approval of the request subject to the following conditions: 1) A concrete block wall with no openings shall be constructed along the south of the chickee that faces the Sands Condominium. The wall shall connect with the Sand Bar Restaurant; 2) The structure shall have a solid, opaque ceiling; 3) The use of the structure is solely restricted to tables and chairs for the adjacent restaurant. With this context, there shall be no meetings which involve a dais, speeches, or presentations to an audience; 4.) There shall be no amplification of any sound and 5.) All use of the area shall terminate at 11:00 p.m. Thisincludes preparing the area for the next day's work. Carter McDowell, Attorney representing the applicant and Donald Lefton, Coconut Grove addressed the Council: The Mayor opened the public hearing. Silvia Bernstein Batista, 613 Ocean Drive; Ricardo J. Fernandez, 455 Grand Bay Drive; Camile Guething, 260 Seaview Drive; Scott Bass, 177 Ocean Lane Drive and Jim Taintor, 355 Harbor Drive addressed the Council. The Mayor closed the public hearing. Public Safety Director, Chief John C. Gilbert addressed the Council regarding the safety of the chickee hut. Councilmember Vernon made a motion to approve the request with the following conditions: 1.) A concrete block wall with no openings shall be constructed along the south of the chickee that faces the Sands Condominium. The wall shall connect with the Sand Bar Restaurant; 2.) The use of the structure is solely restricted to tables and chairs for the Sand Bar restaurant. With this context, there shall be no meetings which involve a dais, speeches, or presentations to an audience. 3.) There shall be no use of portable sound systems. Any music shall be played through the permanent sound system, which shall be designed to minimize any spillover sound to the south; 4) All food services and music shall terminate at 11:00 p.m. on weekdays and 12:00 a.m. on weekends and 5.) The structure should comply with all applicable building and life safety codes: The motion was seconded by Vice Mayor Mendia and approved by a 7-0 roll call, vote: The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 3 of 9 August 26, 2003 At this time the Council took a 5 minute recess. The meeting was reconvened at 9:40 p.m. The Mayor requested the deferral of Items 8C and 8D. There was no objection to the request. 7. ORDINANCES: The•Clerk read the following ordinance, on firstareading by title: AN ORDINANCE OF THE VILLAGE COUNCIL OF TIE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FILING OF A CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO OBTAINAUTHORTTY TO REGULATE BASIC CABLE TELEVISION RATES AND; ADOPTING ADMINISTRATIVE REGULATIONS CONSISTENT WITH THE FEDERAL COMMUNICATIONS' sCOMMISSION'S REGULATIONS FOR SUCH RATESITEGULATION; PROVIDING FOR SEVERr&BILITY PROVIDING, FOR, INCLUSION IN %THE CODE; AND PROVIDING AN EFFECTIVE' DATE. , `h Councilmember Fried made a motion to approve the ordinance on first reading. The motion was seconded by Vice Mayor Mendia. Village Attorney Gary Resnick 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 Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oidakowski voting Yes. The second reading will be on September 9, 2003. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE, AMENDING CHAPTER 2 "ADMINISTRATION" AT ARTICLE I "IN GENERAL", BY AMENDING PARAGRAPH (a) "CREATED" OF SECTION 2-1 "CREATION OF DEPARTMENTS", BY REVISING THE DESCRIPTION OF THE "EMERGENCY SERVICES DEPARTMENT"' TO BE THE "PUBLIC SAFETY DEPARTMENT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this ordinance. 4 of 9 August 26, 2003 Councilmember Fried made a motion to approve the ordinance on second reading. The motion was seconded by Councilmember Diaz -Castro. The Mayor opened the public hearing. There were no speakers present. 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 Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk read the following ordinance, on second reading, by title: AN 0 RDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY CREATING A NEW ARTICLE VIII "COIVIMUNITY CENTER ADVISORY BOARD"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Diaz -Castro made a motion to approve the ordinance on first reading. The motion was seconded by Vice Mayor Mendia. The Mayor opened the public hearing. Jim Leavitt, 240 Island Drive addressed the Council. The Mayor closed the public hearing. The Attorney addressed the Council regarding this ordinance. Mayor Oldakowski made an amending motion to amend Section 2-150 (d) to include the Mayor of the Youth Council. 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, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Mayor Oldakowski made an amending motion to amend Section 2-154 (a) (5) by adding fees. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. The vote was as follows: Councihnembeis Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. There was extensive discussion from Council regarding this ordinance. Councilmember Diaz -Castro made an amending motion to amend Section 2-154 by adding a new subsection to Provide recommendations for Financial Performance. The motion was seconded by Vice Mayor Mendia and approved bya 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 5 of 9 August 26, 2003 Councilmember Broucek made a motion to remove the following sentence in Section 2-154. Jurisdiction. (a): wutt�,lt cw�i tut�ftt fi�ut .#itlna thLe V ll x c C%mini.l tit Vi11ag1, Manager. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. The vote was as follows: Councihnembers Broueek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes., The ordinance as amended was adopted ;chi second reading by a 7-0 roll. call vote. The vote Was as follows: Counoilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia artdMayor Oldakowski voting Yes. The Mayor addressed the Council requesting that Counciltnembers submit names of individuals who will qualify as candidates for this Board to the Village Manager within the next 30 days 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, AUTHORIZING ACQUISITION OF NEW FIREARMS FOR POLICE OFFICERS OF THE VILLAGE'S PUBLIC' SAFL+ lY DEPARTMENT; DECLARING USED FIREARMS, OWNED BY TIIE VILLAGE TORE SURPLUS AND AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR IHE DISPOSITION OF SUCH' SURPLUS PROPERTY; PROVIDING FOR EFFECTIVE DATE. Councihnember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Peters. The Manager and Deputy Chief of Police Brett Capone addressed the Council regarding this resolution;, The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilnembers Broucek, Diaz -Castro, Fried, 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, AMENDING RESOLUTION 2001-10 WHICH IMPLEMENTED THE EXEMPTION FROM NOISE REGULATIONS FOR THE VILLAGE'S CIVIC CENTER PROJECT PURSUANT TO, SECTION 17-5(B)(2) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE; SO AS TO MODIFY THE CONDITIONS OF SUCH EXEMPTION FOR THE COMMUNITY CENTER BASEMENT LEVEL CONSTRUCTION; PROVIDING FOR EFFECTIVE DATE: 6 of 9 o 0 August 26, 2003 Councilmember Fried made a motion to approve the resolution.. The motion was seconded by Councilmember Broucek. The Manager and Paul Abbott, Construction Manager for the project addressed the Council regarding this resolution. Blanca Mesa, 544 Fernwood Road addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek,.Diaz-Castro, Fried, 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; ADOPTING GOVERNOR JEB BUSH'S COMMUNITIES FOR A LIFETIME INITIATIVE IN ORDER PROVIDE THE IDEAL CLIMATE IN WHICH RESIDENT SENIORS REMAIN INDEPENDENT IN THEIR OWN COMMUNITIES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Veauon made a motion to approve the resolution. The motion was seconded by Councilmember Peters. Recreation Director Todd Hofferberth 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, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 9 REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Vice Mayor Mendia made a presentation to the Council regarding code enforcement, resident and governmental responsibilities. The Manager was directed to look into all the issues presented by Vice Mayor Mendia. Councilmember Diaz -Castro addressed the Council regarding the Seaquarium expansion history. Councilmember Diaz -Castro made a motion to extend the meeting until 11:10 p.m. The motion was seconded by Councilmember Vernon and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Attorney addressed the Council regarding the Seaquarium expansion recommending the adoption ofa resolution dealing with this matter: 7of9 August 26, 2003 The Clerk read thefollowing resolution by title:: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOMMENDING TIIAT THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS RECONSIDER AND RESCIND THE JULY 22, 2003 SECOND AMENDMENT TO THE AMENDED AND RESTATED LEASE BETWEEN MIAMI-DADE COUNTY AND MARINE EXHIBITION ",CORPORATION DMA. THE NIIAMI SEAQUARIUM; PROVIDING FOR ANT EFFECTIVEDATE.. Coundilnternber Peters made' a motions to approve the -resolution. The -motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows; Councihnembers Broucek, Diaz -Castro, Fried, Vernoxi; Vice Mayor Mendia, and Mayer Oldakawski voting Yes. Coun ilinbriber Fried made a motion td extend the meeting until' 11:20 p:m. The motion was secdnded by Couneihnember Broncek.and approved+ -by a 7-0 voice vote. The vote was as follows: Chancilikirtheri Broncelc,Diaz-Caste; Fried, Vernon; ViceMayorMehdia and Mayor"Oldakowski voting Yes. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month of August 2003:' proclaiming August 25 thru September 1, 2003 as Village of Key Biscayne Firefighters Appreciation Week; proclaiming September 17-23, 2003 as Constitution Week and proclaiming August 21, 2003 as Cityof Doral Day. Village Manager. The Manager addressed the Council requesting thecancellation of the September 2, 2003 Regular Council Meeting and the addition of a Regular Council Meeting on September 9, 2003 (prior to the First Budget Hearing). Councilmember Broucek made a motion to cancel the Regular Council Meeting scheduled for Tuesday, September 2, 2003 and the addition of a Regular Council Meeting on September 9, 2003 (prior to the First Budget Hearing). The motion was seconded by Vice Mayor Mendia and approved by 7-0 "Voice vote: + The vote was as follows: Counciimembcrs Broucek, Diaz Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes, The Manager addressed the Council --regarding the need to execute the attached assignment agreement with BFI Waste Systemss,df North Arrierica, Inc, Councilmember Fried made a motion to authorize the Village Manager to execute the attached assignment agreement with BFI Waste Systems of North America, Inc. The motion was seconded by Councilmember Diaz -Castro and approved by. a 7-0 voice vote.: The vote was as follows: 8of9 August 26, 2003 Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Manager addressed the Council regarding a concert on Virginia Key scheduled for Labor Day Weekend. The Manager reported that the Village was very successful working with City of Miami and Miami -Dade County and the concert was moved to Bicentennial Park. At this time Councilmember Broucek addressed the Council regarding Ocean Lane Drive. Councilmember Fried made a motion to extend the meeting until 11:25 p.m. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Mayor reported that the Village received the approval to go ahead with the Community Center dewatering process. 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. 12. ADJOURNMENT: The meeting was adjourned at 11:25 p.m. ctfully sub onchita H. Alvarez, CMC Village Clerk hat Approved this 9th day o September , 2003 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 ARECORD 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. 9of9 MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, JULY 1, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Martha F. Broucek, Carol. Diaz -Castro, Mortimer Fried, James L. Peters, Vice Mayor Jorge Mendia and Mayor Robert Oldakowski. Councilmember Robert Vernon was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen P. Helfman. 2. PLEDGE OF ALLEGIANCE: Public Safety Director, John C. Gilbert led the Pledge of Allegiance. At this time Director Gilbert addressed the Council recognizing the following individuals in their promotions and appointments in the Police Department Brett Capone is appointed to the position of Deputy Chief of Operations, Carlos Rodriguez and Nick Ismailoff are appointed to the position of Lieutenant, Manny Alvarez -Jacinto, Brian Nussall and Jose Gondar are appointed to the position of Sergeant, Lieutenant Joe Monteagudo has been reassigned as the Accreditation Manager and Sergeant Lisa Conlon has been reassigned as the Administrative Sergeant. 1 of July 1, 2003 3. 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. Couneilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Mendia. The Manager and Finance Director Randy White' addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH MEF CONSTRUCTION, INC. FOR I RAFFIC CALMING AND IMPROVEMENTS ON GRAPETREE DRIVE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Vice Mayor Mendia. The Manager and Public Works Director Armando Nunez addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The, Clerk read the following resolution by title: A CAPITAL IMPROVEMENT PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING RESOLUTION NO.2003-22 RELATING TO THE FUNDING SOURCE TO CONSTRUCT THE BUS SHELTER ON CRANDON BOULEVARD NORTH OF OCEAN LANE DRIVE; PROVIDING FOR AN EFFECTIVE DATE. 0 2 of 4 July 1, 2003 Councilmember Fried made a motion to approve the. resolution. The motion was seconded by Councilmember Peters. The Manager and Director Nunez addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows:'Councihnembers Broucek, Diaz -Castro, Fried, Peters, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF TIIE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH FIRST SOUTHWEST COMPANY FOR FINANCIAL SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Diaz -Castro made a motion to approve the resolution. The motion was seconded by Vice Mayor Mendia. The Manager and Ed Marquez, Financial Advisor with First Southwest Company addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilniembers Broucek, Diaz -Castro, Fried, Peters, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 4. VILLAGE MANAGER: The following item was discussed: Paul Abbott, Community Center Consultant addressed the Council regarding the ground water remediation of the Community Center site. Director White addressed the Council regarding this item. Councilmember Broucek made a motion to authorize the Village Manager to expend up to $250,000 for the continued services of Langan Engineering for remediation of groundwater for recharge system required by Community Center Dewatering Permit. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 5. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 3 of 4 July 1, 2003 6. ADJOURNMENT: The meeting was adjourned at 7:25 p.m. ully submitted: Conchita H. Alvarez, CMC Village Clerk tOlf Approved this 26th day of August ,'2003: 4 RobertOtdakowski` 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, MAYNEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPONWHICH THE APPEAL IS TO BE BASED. 4 of4 MINUTES BUDGET WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 1, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:30 p.m. Present were Councilmembers Martha F. Broucek, Carol Diaz -Castro, Mortimer Fried, James L. Peters, Vice Mayor Jorge Mendia and Mayor Robert Oldakowski. Councilmember Robert Vernon was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen P. Helfman. Mayor Oldakowski welcomed the Council and residents to the Budget Workshop. 2. BUDGET PRESENTATION: The Manager addressed the Council giving a brief introduction to the budget presentation. The following staff was also present: Director of Building, Zoning and Planning Jud Kurlancheek, Director of Recreation Todd Hofferberth, Deputy Police Chiefs Cathy McElhaney and Brett Capone, Public Safety Director John C. Gilbert, Public Works Director Armando Nunez and Finance Director Randy White with Severn Trent Services. Director White made a presentation to the Council regarding the proposed budget. Mayor Oldakowski requested that the Dade County Transportation Tax be budgeted in another funds 1 oft July 1, 2003 c) Chief Gilbert addressed the Council regarding the Police and Fire Rescue Departments; the Manager addressed the Council regarding the Administration Budget; the Attorney addressed the Council regarding the Attorney's budget; the, Clerk addressed the Council regarding the Clerk's Budget; Director Nunez addressed the Council regarding the Public Works Department Budget; Director Hofferberth addressed the Council regarding the Recreation Department Budget and Director Kurlancheek addressed the Council regarding the Building, Zoning and Planning Department Budget. Dan Feeney, President, Professional Firefighters Association addressed the Council regarding concerns of the Fire Rescue Department. The Mayor congratulated the Manager for making every department to meet their respective projected 2003 budgets; the Mayor also requested to address the adequacy of emergency reserves at the budget hearing, working capital, reserves, and the possible purchasing of the Scharenberg property. 3. SCHEDULE OF FUTURE MEETINGSIEVENTS: A schedule of future meetings and events was presented to the Cornell. 4. ADJOURNMENT: The meeting was adjourned at 9:50 p.m Res ullysubmitted: co, Conchita H. Alvarez, CMC Village Clerk eft Approved this 26th day of August , 2003: Ao (tat& /. 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2 MINUTES VILLAGE COUNCIL MEETING, KEY BISCAYNE, FLORIDA TUESDAY, JUNE 24, 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 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 Attorneys Gary Resnick and Stephen P. Helfman. PLEDGE OF ALLEGIANCE: Mr. Steve Olmore led the Pledge of Allegiance. 3: AGENDA: Councilmember Broucek requested the addition of a discussion regarding Adelphia Cable rates for condominiums as Item7A2 and Councilmember Diaz -Castro requested the addition of a discussion regarding the handicap rail at the Police Department as Item 7D6 and the addition of a status report regarding the dewatering at the construction site of the Community Center as Item 7D7. There was no objection to the agenda changes. 4. CONSENT AGENDA: Councilmember Fried made a motion to approve the following consent agenda. 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. The minutes of the June 10, 2003 Regular Council Meeting. 1 of June 24, 2003 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY FOR DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH BMB TRANSPORTATION TO EXTEND THE TRANSPORTATION PROGRAM FOR SENIOR RESIDENTS OF KEY BISCAYNE, PROVIDING FORAN EFFECTIVE DATE. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE A NEW VEHICLE FOR THE RECREATION DEPARTMENT; PROVIDING FOR` N 'EFFECTIVE DATE {f+ 5. 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, AMENDING CHAPTER 2 "ADMINISTRATION" AT ARTICLE I "IN GENERAL"; BY AMENDING PARAGRAPH' (a) "(CREATED" OF SECTION 2-1 "CREATION OF DEPARTMENTS" BY REVISING' THE DESCRIPTION OF THE "EMERGENCY SERVICES' DEPARTIVIENT'. TO. BE THE "PUBLIC SAFETY DEPARTMENT"; PROVIDING FORSSEVERABILITY; PROVIDING FOR INCLUSION' IN THE CODE; AND PROVIDING FOR ANEFFFCT?E DATE. Councilmember Broucek made a motion to adopt the -ordinance on first reading. The motion was seconded by'Councilmeniber Fried. The Manager 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 on first reading by a:'710 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia, and Mayor Oldakowski voting Yes. 2of6 0 June 24, 2003 The Clerk read the following ordinance, on first reading, by title: AN 0 RDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE. VILLAGE CODE BY CREATING A NEW ARTICLE VIII "COMMUNITY CENTER ADVISORY BOARD"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Mendia made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Peters. The Manager and the Attorney addressed the Council regarding this ordinance. Councilmember Peters made an amending motion to add a marketing experience category to paragraph 2(b)(2). 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. The Mayor opened the public hearing. Mabel Miller, 210 Seaview Drive addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this ordinance. The Council made some recommendations to the Attorney regarding the qualifications to become a member, term limits, scope of work and removal provisions. The Attorney will reflect these recommendations when the ordinance comes before the Council on second reading. The ordinance, as amended, was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Dial -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THAT THE MIAMI-DADE SCHOOL BOARD CONSTRUCT A METAL PICKET FENCE AROUND THE PERIMETER OF THE COMMUNITY SCHOOL; THAT THE METAL PICICET FENCE BE SETBACK FIVE (5) FT. FROM THE CURRENT LOCATION OF THE CHAIN LINK FENCE AT GLENRIDGE ROAD AND WEST ENID DRIVE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Diaz -Castro. 3 of 6 June 24, 2003 The Manager addressed the Council regarding this resolution. Victor AlonSo, Miami -Dade County Schools, Office of Capital Projects; Dr: Ana Rasco, Principal, Key Biscayne Community School and Henny Groschel-Becker, 290 Mashta Drive addressed the Council. Jud Kurlancheek, Building, Zoning and Planning Director, Armando Nunez, Public Works Director and the Manager addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows, Councihnembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A BID TO CONSTRUCT A BUS SHELTER NEAR THE CURRENT STOP AT CRANDON BOULEVARD NORTH OF OCEAN LANE DRIVE; ' PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councihnember Peters. The Manager, Director Kurlancheek and Suzanne LaPlant, Manager, Passenger' Facilities Planning, Miami -Dade. Transit addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Couneihnembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 7. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Oldakowski addressed the Council regarding the possibility of becoming a wireless village. It was the consensus of Council to direct th ology and report back to Council. Councilmember Broucek addressed the Council regarding the Adelphia Cable rates for condominiums. e Manager to do an RFP for this teehn 4of6 June 24, 2003 Gary Resnick, Weiss Serota Helfman Pastoriza & Guedes addressed the Council regarding cable services. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager addressed the Council regarding establishing guidelines for Channel 16 (Village of Key Biscayne Access Channel). Gary Resnick, Weiss Serota Helfman Pastoriza & Guedes addressed the Council regarding proposed Village of Key Biscayne Access Channel Guidelines. Mabel Miller, 210 Seaview Drive; Annika Akerlund-Tarajano, 200 Cypress Drive; Benjamin S. Waxman, Cooperating Attorney, Miami Americans Civic Liberty Union; Manny Cambo, 621 Harbor Drive; AdrianaGuillen, 573 Satinwood Drive and Camille Guething, 260 Harbor Drive addressed the Council. There was extensive discussion from Council regarding this issue. It was the consensus of Council to direct the Manager to continue working with the Attorney on establishing guidelines for Channel 16. The Clerk addressed the Council requesting that Council hold a meeting immediately before the Budget Workshop on Tuesday, July 1, 2003 at 6:00 p.m. to bring before Council a resolution regarding the proposed millage rate and setting the budget hearing dates. It was the consensus of Council to hold such a meeting. At this time the Council took a five minute recess. The Mayor reconvened the meeting at 9:45 p.m. Dr. Henry GroscheI-Becker,Chairman, Crandon Boulevard Streetscape Advisory Committee addressed the Council giving a progress report. The Manager introduced Carlos Gimenez, with Carlos A. Gimenez and Associates. Mr. Gimenez addressed the Council presenting a report of the study requested by the Village of Key Biscayne Council to review certain aspects of the organizational structure, management practices, emergency response resources, communications capabilities and contractual agreements of the Village of Key Biscayne Fire Rescue Department. Chief of Fire Rescue, John C. Gilbert addressed the Council. 5of6 June 24, 2003 The Manager addressed the Council presenting requested information' on Juvenile Curfew and Proposed Options. Director Nunez addressed the Council giving an update on the Grapetree Traffic Cahning project. Councilmember Diaz -Castro addressed the Council regarding the handicap rail at the Police Department. Councilmember Diaz -Castro requested a report on the dewatering of the Community Center site. The Manager addressed the Council reporting on the progress of the dewatering process. Councilmember Diaz -Castro made a motion to extend the meeting to"11:05 pm. The inotion;was seconded by-councilmember Vernon and approved by a 7-0 voice vote. The vote was as follows: Councilmenibers Broucek, Diaz -Castro, Fried, Peters, Vernon, VieeMayor Mendia'and Mayor Oldakowsld Voting Yes ' ' s Councilmember Vernon addressed the Council giving a brief history of the coconut plantation that Key Biscayne used to be. OTHER BUSINESS/GENERAL DISCUSSION: There were no further items discussed. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the: Council. ADJOURNMENT: The meeting was adjourned at 11:05 p.m. ctfullyfsub, one 'la H. Alvarez, CMC Village Clerk Approved this 26th day of August , 2003: itatb4 i 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6 MINUTES VILLAGE COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, JUNE. 10, 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 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 David M. Wolpin: 2. INVOCATION: Reverend Bud Schroeder, Key Biscayne Community Church, gave an invocation. PLEDGE OF ALLEGIANCE: Mr. Robert Brookes led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The Mayor, on behalf of the Village Council, presented a proclamation and a Ten Year pinto the Clerk recognizing her ten years of service to the Village of KeyBiscayne. Chief of Fire Rescue, John C. Gilbert addressed the Council recognizing the following individuals in their promotions and appointments in the Fire Department Lieutenant Tapia Romero to the position; of Emergency Medical Services. Coordinator; Lieutenant Eric Lang to the position of Assistant Fire Marshal; Firefighter/Paramedic Dan Feeney to the position of Fire Lieutenant and 1:,;of 7 June 10, 2003 Firefighter/Paramedic Marcos Osorio to the position of Fire Lieutenant. Paul Abbot, Project Manager addressed the Council giving a status report on the Community Center. The Miami -Dade County Parks and Recreation Department made a presentation regarding the Crandon Park little train. 5. PUBLIC COMMENTS: The following residents addressed the Council: Mabel Miller, 210 Seaview Drive and Harry Tellam, 270 Greenwood Drive. 6. AGENDA: Councilmember Fried requested the addition of a resolution dealing with the Miami -Dade County Public School Capital Construction Program as Item 10D and Councilmember Diaz -Castro requested the addition of a discussion regarding the final cost of the Fire Station and Village Hall buildings. There was no objection to the agenda changes. 7. APPROVAL OF MINUTES: councilmeniber Hed made a motion to approve the minutes of the May 27, 2003 Zoning Meeting. The motion was seconded by Councilmember Vernon and approved by a 7-0 voice vote. The:vote4*as asSf"allows: C-ouncilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 8. BUILDING, ZONING AND PIA'$INII LTG AIl'witnesses giving testimony in the public hearings were sworn, in by the Clerk. 1Tearing Number RV 14. Jeffrey S. Bartel; Stearns, Weaver Miller Weissler Alhadeff & Sitterson, P.A., representing the "applicant; Wachovia Bank;' NA, 100 Crandon Boulevard, is requesting the following. variances: 1'.)Waive 20 ft! ofAthe required 20 ft. south side yard setback in order to construct thebuild ngialong the south lot line; 2.)AWaive 12 ft. of the required 20 ft. north side yard setback in order to cdnstruct the drive -through a ft. from the north lot line and 3.) waive 511. of the required 5 isouhth Side yard setback iii order to construct a surfaeetparking lot and walkway along the south lot.line. The Attomef,addressed the Council regarding this hearing. Councilmember Broucek made a motion to incorporate the record of the proceeding from the May 27, 2003 Zoning Meeting. The motion was seconded byCouncilmember 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.. Jud KurI'anclheek, Director of Building, Zoning hid Planning addressed the Council stating his recommend:Mice of approval of the above variances subject to the following conditions: 1.) The exit from the driveway to Crandon Boulevard shall include the following items located on private property: aright turn only sign, a stop sign, and a speed bump. Thedesign and location of these 2 477 0 June 10, 2003 items shall be approved by the Building, Zoning and Planning Director prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy; 2.) Subject to a detailed landscape and irrigation plan being submitted with the building permit application. Trees shall be placed on Crandon Boulevard consistent with the Master Plan that is currently being developed. A building permit shall not be issued until the Building,. Zoning and Planning Department approves the landscape and irrigation plan. ACertificate of Occupancy shall not be issued until the landscaping and irrigation has been installed and approved by the Department; 3) The applicant shall install curbing and a 10 ft wide decorative sidewalk along Crandon Boulevard and on the driveway apron. The median on the access drive shall also have curbing. 4) A cross access agreement shall be recorded in the public records of Miami -Dade County prior to the issuance of a building: permit. The Agreement will provide for access' into the 100 Crandon Boulevard site from the access driveway that leads to the 104 Crandon Boulevard office building. The Agreement must be approved by the Village Attorney prior to recordation; 5) That the Building, Zoning and Planning Director is authorized to approve minor modifications to the plans when it is determined by the Director that such modifications are in substantial conformance with the plans as approved by Council; 6.) Signage on the building is limited to the business that occupies the largest amount of floor area. Secondary signage is permitted through a directory sign on exterior of the building. The size of the directory sign shall conform with the Zoning and Land Development Regulations; 7) There shall be a 26 ft. landscaped median between the sidewalk and the driveway that leads to 104 Crandon Boulevard Site; 8.); The stairs which discharge into the garage must be redesigned in a manner consistent with the Fire Rescue Department's regulations; 9) If cars stack over the public right of way, then this shall be considered as a violation of the conditions of approval and the property owner and tenant will be subject to violations, fines and penalties as prescribed by law; and 10.) This resolutionshall be recorded in the public records of Miami -Dade County prior to, the issuance ofa building permit The Mayor opened the public hearing for Hearings RV 14 and SP7. Jeff Bartel,150 West Flagler Street; Bob Brookes, 701 Brickell.Avenue, Jim Grant, Traffic Engineer and Ed Meyer, 100 Sunrise Drive addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this request. Councilmember Fried made a motion to approve the request subject to the recommendations made by staff. The motion was seconded by Councilmember Peters and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Hearing Number SP 7. Elements Architect (for Wachovia Bank, NA), 100 Crandon Boulevard, the applicant is requesting approval of a site plan. Director Kurlancheek addressed the Council stating his recommendation of approval of the site plan subject to the following conditions: 1.) The exit from the driveway to Crandon 3 of 7 June 10, 2003 Boulevard shall include the following items located on private property: a right turn only sign, a 'stop sign,' and a speed bump. The design and location of these items shallbe approved by the Building, Zoning and Planning Director prior to the issuanceof a, building 'permit and installed priorto the issuance of a Certificate of Occupancy; 2.), Subject ter a • detailed landscape andirrigation plan being submitted with the building permit application; Trees shall be placed on Crandon Boulevard consistent with the Master Plan that is currently '4 being developed.' A building permit shall not be' issued` until the Building, Zoning, and Planning}Depaituient approves the landscape and irrigationEplan- A Certificate of Occupancy shall nbt bee issued until Ylr landscaping and irrigation has been installed and?approved + the De}iartinenv 3.}. Thetapplicant:shallinstallc urbing,Md a ltr#i widedecorati csidewai g�don 3 ' levaid and omttrddnvewayrapro1 also have curbing: .)' `#acrossaccess e i'DadeCountyprlr r to due issuance i£ rd CouncilmemberFriedmadea`motioi toappmv'eth site sulrj ctt I e'f co imehrd�al by staff. The motion was seconded b Courtcihnei ber Peters and approved l ya 7-0 rol The vote w 's lluv s C& tubilrtueirilidrs B otutle1 17 st ,tF"rred Pe rs Ve on I t i Mendia an ako�w t ...� 9. ORD; 4 a rs made gall vote. ayor AN ORDINANCE OFTILEviLAGE.OFiciEY BISC YNE,FLORID*AMENDING THE VILLAGE CODE,$ Y C BEATING C HAPTRR 21 Mr PE&LIC' ' LACES"", I NCLUDING ARTICLE 1 " IWSTItttTIONS ON"", •:.WT i,TIES ; CONSISTING OF SE "IION 22-1 "VVES'£ SIITA OAD?BRH)GE.' .I�IIi t, HINs ACTIVITIESE.4 B IND' THE USE OF T TEic G *ES, NI S f I A i OiD+BRI DGE'- IDINO PERMIT 0 June 10, 2003 PROGRAM FOR SUCH PURPOSES; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried. The Attorney addressed the Council regarding this ordinance. The Mayor: opened the public hearing. There were no speakers present: The Mayor closed the public hearing., There was extensive discussion from Council regarding this ordinance. The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councihnembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 10 RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE , VILLAGE MANAGER TO EXECUTE THE ATTACHED CONSULTING AGREEMENT ON BEHALF OF THE VILLAGE, WITH MICHAEL J. FLAHERTY; PROVIDING FOR AN EFFECTIVE DATE. The Village Manager presented and recommended the proposed consulting agreement. Councilmember Fried made a motion to approve the resolution: The motion was seconded by Mayor Oldakowski. The Village Council discussed the proposed agreement. Subsequently, Councilmember Fried withdrew his motion. Following this item, the Manager introduced a change from the concept of Emergency Services for Fire and Police functions to a Public Safety concept. It was the consensus of Council to support the Manager on the implementation of this concept. 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; AUTHORIZING PAYMENT FOR WORK OF 5 of 7 June 10, 2003 DEMOLITION OF CONCRETE SLAB AND RELATED REMEDIATION' OF SITE CONDITIONS IN THE VICINITY OF TIIE PARKING LOT COMPONENT OF VILLAGE HALL/POLICE STATION; AUTHORIZING AMENDMENT NO. 8 TO AGREEMENT ' BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING ITEM DESCRIBED ABOVE; PROVIDING' FOR SPECIFICATION OF FUNDS FOR ITEM DESCRIBED ABOVE; PROVIDING FOR EFFECTIVE DATE. The Manager and Director ICurlancheek addressed the Council regarding this resolution. Coal cilmenmber Fried 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: Counc`Imembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Olclakowski voting Yes. 1` <`` °' ', The Clerk lead the following icsoiution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A BID TO CONSTRUCT A BUS,SHELTER NEAR THE CURRENT STOP AT C'RANDON BOULEVARD NORTH OF OCEAN LANE DRIVE; PROVIDING'FOR AN EFFLCITIVE'DATE. CouncilortzBroucek made` a matro n nto approve the resolution. Themotioniwas seconded by ep f 8 a Co ciIine`m er er in. The Manager, Director Kurlancheek, Armando Nunez, Public Works Director and Chief Gilbert addressed d e Council regarding this resolution. The Council discussed the proposed contract and directed staff to look into the possibility` of moving the bus shelter further North. Subsequently, Councilmember Broucek withdrew her motion. The Clerk read the following resolution by title:,. A RESOLUTION OF TIIE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING THE CALL FOR IMMEDIATE AND COMPREHENSIVE FORENSIC AUDIT OF THE MIAMI-DADE COUNTY PUBLIC SCHOOL CAPITAL CONSTRUCTION PROGRAM. Councilmember Fried made a motion to approve the resolution.' The motion was seconded by Counciimeinber Diaz -Castro and approved by a 7-0 voice vote. The vote was as follows: Councilihembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes 6of7 June 10, 2003 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. No items were discussed. Village Attorney. The Attorney did not submit a report Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month of May 2003: proclaiming the week of May 18-24, 2003 as Emergency Medical Services Week; proclaiming May 21, 2003 as Emergency Medical Services for Children Day, proclaiming the month of July 2003 as Recreation and Parks Month and congratulating the Florida Association of City Clerks on their 30th Anniversary. Village Manager. The Manager addressed the Council giving an update on the Goals and Objectives. Itwas the consensus of Council that the Chairman of the Crandon Boulevard Streetscape Master Plan Committee come before Council for an update 011 the committee's accomplishments. OTHER BUSINESS/GENERAL DISCUSSION: There were no further items discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 9:48 p.m. Re stfully submitted: attar Conchita 11. Alvarez, CMC Village Clerk Approved this 24th day of June , 2003: 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. 7of7 MINUTES` ZONING MEETING KEY BISCAYNE, FLORIDA TUESDAY, MAY 27, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD CALL TO ORDERJROLL 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. Helfinan. PLEDGE OF ALLEGIANCE: Susana Leal-Khouri led the Pledge of Allegiance: 3. AGENDA: Mayor Oldakowski requested the addition of a discussion regardingdirection to the Manager for an update on the Goals and Objectives, as Item 10A1; the Mayor also requested the addition of a discussion regarding the establishment ofan Advisory Board for the Community Center as Item IOA2', and Councihhember`Broucek requested the addition of a discussion, regarding the youth ofKeyBiscayne and the Miami -Dade County Curfew Ordinance: There was no objection to the agenda changes. k APPROVAL OF1VDNUTES: Coi.mcilmernberPeters made a motion to approve the minutes of the May 13, 2003 Regular Council Meeting. 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. lofb 5. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Clerk. Hearing Number RV 14. Jeffrey S. Bartel, Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A., representing the applicant, Wachovia Bank, NA, 100 Crandon Boulevard, is requesting the following variances: 1.) waive 20 ft. of the required 20 it. south side yard setback in order to construct the building along the south lot line; 2.) waive 12 ft. of the required 20 ft. north side yard setback in order to construct the drive -through 8 ft, from the north lot line and 3.) waive 5 ft. of the required 5 ft. south side yard setback in order to construct a surface parking lot and walkway along the south lot line. The Attorney addressed the Council regarding this hearing. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval of the above variances subject to the following conditions: 1.) The exit from the drive thru shall be directly to Crandon Boulevard with stacking of cars along the north property line and into the parking lot; 2.) Subject to a detailed landscape and irrigation plan being submitted with the building permit application. Trees shall be placed on Crandon Boulevard consistenttwith the Master Plan that is currently being developed. A building permit shall not be issued until the Building, Zoning and Planning Department approves the landscape and irrigation plan. A Ceitificate of Occupancy shall not be issued until the landscaping and irrigation has been installed and approved by theDepartment; 3.) Thee applicant shall install curbing snd.a 10 ft. wide decorative sidewalk along Crandon Boulevard and on the driveway5apron,, The Median on the access ,drive shall also have ctrcbiag 610, A,crossaccess`;agreentent shall be: recorded in the, public records of Miami, - Dade County prior to the issuance of a building pemut. The.Agreement will provide for access into the 100 Orandon Boulevard site,from the access driveway that leads to the 104 u�don B,oi levardo ffce building. T he.A greementtmust b c approved b y the Village orneyprior toreco datroir, 5.) TThatthe8uilding,Zoning'arid Planning Director is ii ria toa v nynormodifieattons•totheplans whenitisdeterminedbytheDirector tic , ,i ter r 1.euol} inodrftcat pns„are!an�` l slantsal; confofn?ance wiilsthe plans as approved by Si a the yt,�ldm hunted o the business that occupies ilie Tar st u.rttlol floor }eontlaryivage s perrtr�tted,through adrrectoxy sign on exterior t%be but tlg fi Tile s o <e r, . t r s:1'1 gnt ll conform withrithe Zoning and Latnd ,vr lop t Regul t ors Therte3 sha11 bd a. 2.6 •ft. landscaped metdran between the IA ,Qt drthe driveway that s to 104 Crandon Boulevard Site; 8.) The stairsfwhich k �s, , ;ythe age�st be red sr ° d m a maanercnnsistent with the Fire Rescue „e FIfq 4.�'v4t a 6 t i , 4 k e�r� ti id List agitiatignstac 9 lns r solution Tal be recorded m tl o pudzlicrec0rd of May 27, 2003 The Mayor opened the public hearing. Jeff Bartel, 150 West Flagler Street; Nicholas Puglisi, with Elements Architect and 'SusanaLeal-Khouri, 180 Crandon Boulevard addressed the Council. There was extensive discussion from Council regarding this request. Councilmember Broucek made a motion to continue this hearing on June 10, 2003. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote: The vote was as follows: Councihnembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Hearing Number SP 7. Elements Architect (for Wachovia Bank, NA), 100 Crandon Boulevard, applicant is requesting approval of a site plan. Director Kurlancheek addressed the Council stating his recommendation of approval of the site plan subject to the following conditions: 1) The exit from the drive thru shall be directly to Crandon Boulevard with stacking of cars along the north property line and into the parking lot; 2) Subject to a detailed landscape and irrigation plan being submitted with the building permit application. Trees shall be placed on Crandon Boulevard consistent with the Master Plan that is currently being developed. A building permit shall not be issued until the Building, Zoning and Planning Department approves the landscape and irrigation plan. A Certificate of Occupancy shall not be issued until the landscaping and irngafion'has been installed and approved by the Department; 3) The applicant shall install curbing and a 10 ft. wide decorative sidewalk along Crandon Boulevard and on the driveway apron. The median on the access drive shall also have curbing. 4) A cross access agreement shall be recorded in the public records of Miami -Dade County prior to the issuance of a building permit. The Agreement will provide for access into the 100 Crandon Boulevard site from the access driveway that leads to the 104 Crandon Boulevard office building. The Agreement must be approved by the Village Attorney prior top recordation; 5.) That the Building, Zoning and Planning Director is authorized to approve minor modifications to the plans when it is determined by the Director that such modifications are in substantial conformance with the plans as approved by Council; 6) Signage on the building is limited to the business that occupies the largest amount of floor area. Secondary signage is permitted through a directory sign on exterior of the building. The size of the directory sign shall conform with the Zoning and Land Development Regulations;, 7) There shall be a 2.6 ft. landscaped median between the sidewalk and the driveway that leads to 104 Crandon Boulevard Site; 8) The stairs which discharge into the garage must be redesigned in a manner consistent with the Fire Rescue Department's regulations and 9) This resolution shall be recorded in the public records of Miami -Dade County prior to the issuance of a building permit. 3of6 4 of 6 May27, 2003 The Mayor opened the public hearing. There were no speakers present. Councilineriiber Broucek made a motion to continue the public hearing on June 10, 2003. 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. Hearing Number RV 15. Armando Chapelli, 925 Mariner Drive, the applicant is requesting the following variances: 1.) waive the maximum 10 ft. extension of a dock into a canal, lake or waterway inorrder to pertnit aydock to,extend 35: ft. 6 in.Into:a,canal;. 2.) waive the maximum 4 ft, 4 in. (10% of the width of a canal) extension of a boat lift into a canal, lake, or waterway in to permit a boat lift to extend 8 ft. into a canal. The Mayor opened the public hearing. Mr. Jose Calvo with. Bunnell Foundationrequested that the hearing be continued on August 26, 2003. motion t& continue the public hearing on August. 26, 2003. The lmember' Vernon and approved by a 7-0 voice vote. The vote was. taek iaz/Castro, Fried, Peters, Vernon, Vice Mayor Mendia and It was the, consensus`bfCouncil before'th%ColuuiCihon. }rate 1' re ali thei following resolution by title "UNCIL OF THE VILLAGE OFI EY BISCAYNE, IDg TO aCONSTRUCT A BUS SHELTER NEAR THE ' 9 NORTH OF OCEAN LANE DRIVE; ve the resolution. Themotion was seconded by essed the Council regarding this resolution:' From C8 aierl&regarding the bus shelter. o dttectihe manager to re -negotiate the contract ad bring it back o May 27, 2003 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Oldakowski addressed the Council regarding direction to the Manager on the Goals and Objectives. It was the consensus of Council to direct the Manager to prepare an update of the Goals and Objectives and bring it before Council at the June 10, 2003 meeting. Mayor Oldakowsk also addressed the Council regarding the recommendation of the Community Center Committee to establish and Advisory Board: It was the consensus of Council to direct the Manager to bring a proposal to. Council regarding this issue. Councilmember B roucek a ddressed t he C ouncil r egarding t he y outh of K ey B iscayne: and t he implementation of the Miami -Dade County Curfew Ordinance. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted to the Council the Certification of the May 20, 2003 special election results. A motion to accept the certification was made by Councilmember Fried. 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 Manager. The Manager did not submit a report. 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 9:00 p.m. ctfully bmitled: hita H. Alvarez, CMC Village Clerk Sof6 May 27, 2003 Approved this 10th day of June , 2003: 64144244 Robert 0Idakowski Mayor IF ,1 PERSON DECIDES TO ,IPPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED ATA;MEETING OR HEARING, THAT PERSON WILL NEEDARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, MA YNEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEEDINGS IS MADE; win -al RECORD`INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THEAPPEAL IS TO BE BASED.' ', �;, 6of6 MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, MAY 13, 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 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 David Wolpin. INVOCATION: Father Gabriel Sinisi, St. Christopher's By -The -Sea, gave an invocation. 3. PLEDGE OF ALLEGIANCE: The American Legion Auxiliary led the Pledge of Allegiance..: 4. SPECIAL PRESENTATIONS: The Mayor, on behalf of the Village Council, presented a Proclamation to the American Legion Auxiliary.. The Mayor also, on behalf of the Village Council presented a proclamation to the Key Biscayne Lions Club commemorating their 50th Anniversary. 5. PUBLIC COMMENTS: The following residents address the Council: Camille Guething, 260 Seaview Drive; Shirley Feldman, 1121 Crandon Boulevard; Sam Davitian, 720 Myrtlewood Lane; Bonnie Cooper, 77 Crandon Boulevard; Scott Bass, 177 Ocean Lane Drive; Silvia Tarafa., 650 1 of 5 May 13, 2003 Ocean Drive; Linda Brumagin, 1121 Crandon Boulevard; Patricia Romano, 361 BeechwoodDrive; Annika Akerlund-Taraj ano, 200 Cypress Drive; Michael Kelly, 395 Gulf Road; Marivi Walker, 595 Fernwood Road and Michael Kahn, 881 Ocean Drive. 6. AGENDA: The Clerk requested that agenda Item 9A be substitutedby the revised resolution before them; Councilmember Broucek requested the, addition of a discussion regarding the Community Center Fact Sheet as Item 10A1; CouncilmemberDiaz-Castro and Mayor Oldakowski requested the addition of an update from the Village, Manager on the permits for the Community Center as Item 1OD4 and the Manager requested' the deferral of Item 10D1 to the meeting of June 10, 2003. There was no objection to the agenda changes; 7. APPROVAL OF MINUTES: Counoiimember Fried made a motion to approve the minutes of the April 22, 2003 Regular Council Meeting and the minutes for the April 23, 2003 Police Workshop. The motion was seconded by Vic :Mayor Mendia and approved by a 7-0 voice vote. The vote was as follows: CouneilmembersDrone e'lc,Diaz-Castro, Fried, Peters, Vernon, Vice Mayor Mendia axu1Mayor Oldakowski+Noting ORDINANCES: The Clerk read the following ordinance, on second reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); CONCERNING THE ACQUISITION OF FIRE TRUCKS FOR THE VILLAGE FIRE RES'CUE?DEPIARTMENT; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PU CHASE FIRE FIGHTING EQUIPMENT, TO - WIT: O E-(1) NEW PIERCE, SKY O 3 ),,ONE (1)' NEW PIERCE PUMPER; AUTHORIZING 'EXPENDI AUTHORIZING AND' APPROVING MASTER;;LFASE.AGREEMENT' G TED DOCUMENTS; PROVIDING FOR NOTICE OF ,DRDINANCE -' Al O TI T 'I IDING FOR,. SEVERABILITY;. PROVIDING FOR AN EFFECTIVE+ PATE CouncihuemberFried.Made`a motionto'adopt ordinance on second reading. The motion was seconded by Councilmember Broucek. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Chief ofFeiRescue John, C. Gilbert addressed the Council regarding this ordinance. The ordin ce was adopted, on second reading, by a 7-0 roll call vote. The vote was as follows: Councilmembers,Bmucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldako*ski voting Y s 2 of5 0 May 13, 2003 The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 23 "RETIREMENT" OF THE VILLAGE CODE BY AMENDING SECTION 23- 32 "MEMBERSHIP," TO PROVIDE FOR AN IRREVOCABLE OPTION FOR ANY POLICE OFFICER OR FIREFIGHTER IN FULL-TIME EMPLOYMENT WITH THE VILLAGE AT THE TIME OF THE. EFFECTIVE DATE OF THIS ORDINANCE, WHO FAILED TO ELECT TO BECOME A MEMBER OF THE VILLAGE'S POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN, AS REQUIRED BY SECTION 23-32 OF THE VILLAGE CODE, TO ELECT TO BECOME A MEMBER OF THE RETIREMENT PLAN, WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS ORDINANCE, AND SUCH MEMBERSHIP SHALL BECOME EFFECTIVE ONLY UPON SUCH ELECTION, COMPLETION OF THE FORM PRESCRIBED BY THE BOARD,, PURSUANT TO SECTION 23-32 (b) AND THE COMPLETION OF A PENSION BOARD PHYSICAL EXAMINATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was .seconded by Councilmember Peters. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The Manager addressed the Council regarding this ordinance; The ordinance was adopted, on second reading, by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski'voting Yes. 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; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE THREE NEW VEHICLES FOR THE; POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Vice M ayor Mendia• made a motion to approve the resolution. The motion was seconded by Councilmember Vernon. The Village Manager and Deputy Police Chief Cathy McElhaneyaddressed the Council regarding this resolution. 3 of.5 May 13, 2003 The resolution was approved by a 7-0 voice vote. The vote was as follows: Councihnembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting 10. REPORTS AND RECOMMENDATION& The following items were discussed: Mayor and Councilmembers. Councilrneniber Broucek addressed the "Council regarding the Fac Sheet on the Coimmunity Center sentto the registered voters. 9 Coui ei1 riet tber`Dkiz Castro andMayor Oltlakowsk addfessed the` Councilrequesting s on the permitt•ing process for tf e Cop mirnity Centex 'illa e Attorney, The Attorney did not submit arepori. . ' i'9 e riQ aSA�' �8 ? ......... Village Clerk. The Clerk submitted to the Councila copy of the foliowing proclamations issued by the Office of the Mayor during the monthof May 2003: recognizing the KBAC' Soccer Team Under Teriinaii0k1 Divisi&H, p'roclaimni he,thonth 4e 2003 as'Florida State Parks Month and proclaiming the month of October 2003 as'l Lake 1) ffetence Day in Key Biseaype. Village Manager. The Manager deferred the CraddoniPark-Little Train item. The Manager addressed the Council regarding theP.Mashta Bridge fishing permit. Max Puyanic, 487 S. Mashta, Carlos de la Cruz, 460 S. Mashta and Camille Guething, 260 Seaview Drive addressed the Council. The Attorney addressed the Council regarding the permitting process for the bridge. Councilmember Fried made a motion to 'direct the Attorney to draft an ordinance providing for a permitting process for the use of the Mashta Bridge for fishing activities. The motion was seconded by Councilmember Broucek 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 Yds.` a ` The Manager also addressed the Council regarding the Mayor's admission to the John F. Kennedy School of Government at Harvard, Summer Executive Program for State and Local Officials. report 4of5 0 Q 0 May 13, 2003 Councilmember B roucek m ade a m otion t o p ay for t he remainder t uition, n of c overed b y t he fellowship. The motion was seconded by Councilme, ter Diaz -Castro and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon and Vice Mayor Mendia voting Yes. Mayor Oldakowski abstained from voting. 11. OTHER BUSINESS/GENERAL DISCUSSION: The Clerk addressed the Council regarding the Special Election on May 20, 2003 urging voters to take the opportunity of early voting and voting at the polls. 12. SCHEDULE OF FUTURE IVIEETINGS/E'VENTS: A schedule of future meetings and events was presented to the Council. 13. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. Re ec fully submi ed: Conchita H. Alvarez, CMC Village Clerk Approved this 27th day of May , 2003: 4,0 r Robert Oldakowski Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED ARECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5 of 5 MINUTES POLICE WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, APRIL 23, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. ' CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:10 pm. Present were Councihnembers.Martha F. Broucek, Carol Diaz -Castro, Mortimer Fried, James L. Peters, Vice Mayor Jorge E. Mendia and Mayor Robert Oldakowski. Councilmember Robert L. Vernon was absent. Also present were Village Manager Jacqueline R. Menendez and Village Clerk Conchita H. Alvarez. The Mayor welcomed the Council and the residents, stating that the purpose of the workshop is to discuss the level of services provided to the residents by the Police Department. The Manager addressed the Council regarding the workshop. The following staff was also present: Chief of Fire Rescue John C. Gilbert, Chief of Police Michael J. Flaherty and Police Lieutenant Bret Capone. Chief Flaherty addressed the Council regarding crime statistics, burglaries, the composition of the department, equipment upgrades, Federal expenditures, citizens' police services, special services support, current police staffing, work load, grant funding for police officers and enhanced services. The following residents addressed the Council: Michele Padovan, 425 Grapetree Drive; Gerry Eisermann, Gerald O'Donnell and John Davis. 1 of April 23, 2003 The Mayor thanked all the residents and staff participating in this workshop. There being no further business, the meeting was adjourned at 9:00 p.m. ally submitted: Conchita H. Alvarez, CMC Village Clerk Approved this 13th day of Mav , 2003: 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 ARECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAYNEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGSSMADE, WIIICHRECORDINCLUDES THE IEESTIMONYAND EVIDENCE UPON WHICHTHE APPEAL IS TO BE BASED. 2 of 2" MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, APRIL 22, 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 Carol Diaz -Castro, Mortimer Fried, James L. Peters, Robert L. Vernon, Vice Mayor Jorge Mendia and Mayor Robert Oldakowsl. Councilmember Martha F. Broucek was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfinan. PLEDGE OF ALLEGIANCE: Ms. Donna Powell led the Pledge. of Allegiance. 3. AGENDA: Mayor Oldakowski requested the addition of a draft letter to the voters as Item 7A1, Councilmember Fried requested the addition of a discussion regarding the use of Channel 16 as Item 7A2 and Councilmember Peters requested to hear Item 7A1 together with Item 7D4 There was no objection to the agenda changes. 4: , APPROVAL OF MINUTES: Councilmember Peters made a motion to approve the minutes, of the April 1, 2003 911 Workshop and the minutes of the April 8, 2003 Regular Council Meeting. 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: 1 of 13, April 22, 2003 ORDINANCES: The Clerk read the following ordinance, by title, on first reading: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE ACQUISITION OF FIRE TRUCKS FOR THE VILLAGE FIRE RESCUE DEPARTMENT; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE FIRE FIGHTING EQUIPMENT, TO WIT: ONE (1) NEW PIERCE SKYBOOM AND ONE (1) NEW PIERCE PUMPER; AUTHORIZING EXPENDITURE OF FUNDS; AUTHORIZING "AND APPROVING MASTER LEASE. AGREEMENT AND' RELATED DOCUMENTS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION;"i`$PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Councilmeniber Fried made a motion (o adopt the oidinance on first reading. The motion was seconded by Counciltember Vernon., John C. Gilbert, Chief of Fire Rescue addressed the Council; regarding this ordinance. The Mayor opened the public hearing; Thete were no speakers present. The Mayor closed the public hearing. The "ordinance Was adopted, on first reading, by a 6-0 roll call vote. The vote was as follows: Councihnembers"Diaz:-Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk announced the second reading of this ordinance on May 13, 2003. The Clerk read the following ordinance, by title, on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;' AMENDING CHAPTER 23 "RETIREMENT" OF THE VILLAGE CODE BY AMENDING SECTION 23- 32 "MEMBERSHIP," TO PROVIDE FOR' AN IRREVOCABLE OPTION FOR ANY POLICE OFFICER OR FIREFIGHTER IN FULL-TIME EMPLOYMENT WITH THE VILLAGE AT THE, TIME OF THE: EFFECTIVE DATE OF THIS ORDINANCE, WHO FAILEDTO ELECTTO BECOME°A MEMBER OF THE VILLAGE'S POLICEOFFICERS AND FIREFIGHTERS REI'IREMENT PLAN, AS REQUIRED BY SECTION 23-32 OF THE VILLAGE CODE, TO'ELECT 'O BECOME AMEMBEROFTHERETIREMENT PLAN, WITHINSIXTY (60)iDAYS OF TILE EFFECTIVE DATE OF THIS ORDINANCE, AND SUCH MEMBERSHIP SHALL BECOME EFFECTI VE ONLY UPON SUCH ELECTION, COMPLETION OF THE FORM PRESCRIBED BY THE BOARD PURSUANT TO SECTION 23-32 (b) AND ;THE ;COMPLETION OF A PENSION BOARD PHYSICAL EXAMINATION; PROVIDINGFORSEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. 2'of`13 April 22, 2003 Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Peters. The Manager 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 6-0 roll call vote. The vote, was as follows: Councilmembers Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk announced the second reading of this ordinance on May 13, 2003. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEYBISCAYNE, FLORIDA; APPROVING VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, JACQUELINE R. MENENDEZ; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Vernonand approved by a 6-0 voice vote. The vote was as follows: Councihnembers Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 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; AUTHORIZING CONSTRUCTION OF A FULLY ENCLOSED STRUCTURE TO PROTECT AN EMERGENCY GENERATORAT VILLAGE HALL/POLICE STATION; AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING THE POLICE/ADMINISTRATION EMERGENCY GENERATOR BUILDING; PROVIDING FOR USE OF FDLE GRANT FUNDS; PROVIDING FOR EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Vernon. Jud Kurlancheek, Director of Building, Zoning and Planning, Mr. Robert Maphis, Vice President of Operations, James A. Cummings, Inc. and Michael J. Flaherty, Chief of Police addressed the Council regarding this resolution. 3of13 April 22, 2003 The resolution was 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. REPORTS AND RECOMMENDATIONS: The following items were discussed:' Mayor and Councilmembers. As instructed by Council, the Managerpresented the following draft - fact sheet on the Community Center for CounciI's review and comments. The following residents addressed theCouncil: Mabel Milner, 210 Seaview Drive;, Michael Mahn, 881' Ocean Drive -,Shirley Feldman;'1121 Crandon Boulevard; Camila Guething, 26G Seaview Drive; Michael Kelly, 395 Gulf Road, Jim Leavitt, Chairman of the Community Center Committee and Marivi Walker 545 Ferrxwood Road. ci c;Ty. Todd Hofferberth, Recreation Director and Director Kurlancheek addressed the fact sheet. After a lengthy discussid Just the Facts 2 Community Center Update May, 2003 roan Council the fact as amended as follows.:: "A successful community center would be one which (a) offers activities which the citizens want; (b), is financially viable; and (c) actsas a source of pride and community to the residents of Key Biscayne." Community Center Review Committee, 2002 In order to meet its responsibility of informing the community on the facts relating to the upcoming Tuesday, May 20' election on the Community Center, this document was approved by majority of the Village oflCey Biscayne Council.. The following are facts responding to the most commonly asked questions and formed the basis of support of the past two Councils for this project,' The,above changes were approved by unanimous vote. Public Opinion: How has the public been included in the Con unity Center project? From its. inception, the community center piuject has been driven by the public: Since incorporation in 1992, and at the behest of this community, every elected Village Council has placed the Community Center Sits Goals & Objectives list. Fronithe original 1997 design workshop to Village Council approval. of this design, the Village has placed a premium on public input. Numerous public, meetings, including seven community workshops dedicated exclusively to gathering public input and 'Additions to existing text are indicated in red. Deletions are indicated by ik..th.ou. 4of13 April22, 2003 discussing the project in detail, have been undertaken. Most recently, a Community Center Review Committee was formed to review the project and a scientific survey was conducted to further assess public opinion. The above paragraph was approved, as written, by a unanimous vote. Community Center Review Committee: In 2002, the Council appointed 18 residents to serve on a committee to publicly review the Community Center project. The committee was composed of residents who were opposed to the project as planned designed at that time, as well as residents who favored it. The committee had the opportunity to review all pertinent information, to listen to the public, and to interview the architects, consultants, and other recreation professionals. They discussed the size, site, cost, and programming options for the center. In order to validate assumptions of need and desire for the center and proposed activities, they recommended that a statistically significant survey of the community be undertaken. They then made a nurnber of recommendations to the Council and the community. After obtaining the survey results, the proposed center meets all the recommendations of the Committee and the Village's consultants, including appropriate size; and programming needsiandr cost. The Community Center Review Committee report is available at www.vkb.kev-biscavne.fl.us and the Key Biscayne Public Library. The above changes were approved by a unanimous vote." The Design: How has the building changed over the last year? • Setbacks were increased from the original 10 ft. to 24 ft. or greater. • Height of the towers was lowered not to exceed to 35 ft: • Interior air conditioned space of the building was reduced by 4,000 square feet from 42,000 to 38,000` square feet. A second pool d1,aigu d fvi waLi a.avl�iw, s nuvi and tvddl d pivgl$iuo was eliminated and the size of the pool deck was reduced. • Number of underground parking spaces was decreased by 25 from 105 to 80 spaces. • Climbing wall was eliminated. • Changed design of multipurpose room to allow for theater productions. • Eliminated eleven parking spaces on Femwood Road. The above changes were approved by a unanimous vote. Survey: Why and how` was the Community Center survey conducted? As a means of assessing the need of the Center and, if so, what would residents use, how often, and how much would they be willing to pay, the Community Center Review Committee interviewed prominent, nationally recognized firms and recommended that Leisure Vision be hired. The Center currently being built meets the minimnm requirements identified by the survey's results. The following are L.A.,.aytb the summary points, as presented by Leisure Vision's � survey: 5of13 April 22, 2003 naph#1. 6 aph., 2 1. The Village of Key Biscayne has a very significant and immediate need fo the following major recreational facilities: r IVIultt-purpose indoor gymnasiums Outdoor swimming pool with lap lanes Inrizcror activity areas, for youth and teens The Village of Key Biscayne should incorporate the following programming spaces into the design of a commtunity center to generate revenue to help cover some, but, not �excessarilpall,of the costs of operating the centers 5;y Indoor fitness.and wellriess,center Family-oriented"conc essians/eat /eating area Area for dance aerobics: • The Village of Key Biscayne should ensure that user fees and memberships are priced to be affordable to the vast.majoritr of residents Iffunding and space are available, the Village of Key Biscayne should consider including some or all oftheprogramming.areas into the design ofthe community center. More than 1,000 households in the Viilagc ?f key Biscayne currently have unmet needs for. each of the Facilities listed below. ,In addr�irdnA each of the programming areas listed hasL the potential of generating more than 100 visits day to the center based on the results of the survey. • Studio for arts and crafts', �u*ai • Large eommunity'niec�t • A wellness center •. WarmWater .therapy,Pool Space for educat onai, a recreation programs • Indoor play areas` for children • The Village of Key Biscayne should begin developing a plan to address the community's need for outdoor athletic fields. The Village, should also regularly assess how well the recreational needs of the community are being met over time. This will help ensure that the priorities for the Villagekreman aligned with the changing needs of the community. The complete survey and conclusionscan be reviewed in the Recreation Department segment ofthe Village of Key Biscayne web site at www.vkb key-biscayne.fl.us and the Key Biscayne Public Library. 6of13 April 22, 2003 The above changes were approved by a unanimous vote. Floor Plan: What does the building include? Please refer to the current floor plan for details. Why are these facilities important? For a center to be financially viable, it needs to have a number of elements that wilt drive user fees: Specifically, a wellness/fitness center, a dance/aerobics studio, and a pool are indispensable parts of a financially viable center. A gymnasium, teen room, and senior services, although an essential part of any center are intended to meet the overall needs of the community, and are not im-aut.. piuluci..g profit centers. Other elements of the center are intended to meet the overall needs of the .community. For example, the multipurpose rooms in the second floor will be able to accommodate a myriad of activities, such as meetings, lectures, recitals, drama, and art exhibits which will be "a source of pride and community to the residents of Key Biscayne" The above changes were approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes: Councilmember Diaz -Castro voting No: Site Plan Review: Is the center in the best possible location? The Community Center Review Committee reriewe recommended two alternatives for the site plan: a North -South alignment and an East-West alignment. The Village Council selected the North -South. option and rejected the East-West option deeming it to have significant disadvantages. , vv �isiull..dul .lioa.ivafliag..S t91u..11,naot, 1111 ..Suat,l...; The above changes were approved by a unanimous vote. Operating Costs: With the assistance of Ballard & King, a nationally recognized consultant in the development and operation of community/recreation centers, a budget outlining projected operating costs, including expenditure and revenues has been created. The ext gcf-aA /V LLL1tb ftit persotineiTeonyttoditiesTe-ontraetualTand-eapital-expenses: The annual tainalituics operating costs are estimated to be $1,031,267.The greatest component of that budget is for staffing the center. . h., center's operating ousts in&fa.itcly. Revenue projections are based on user fees and other income sources such as concessions, babysitting, and other services. Annual revenue projections range from $758,101 to $1,027,688. Any deficit will be subsidized by the general fund tax revenues. The above changes were approved by a unanimous vote. Resident Privilege: Who will use the Community Center? Use of the Community Center will be limited to Key Biscayne residents and their guests only. That includes the center proper and the pool. This will be enforced through security access points: All residents will ultimately have I.D. cards for access. 7of13 April 2Z 2003 The above paragraph was approved, as written, by a unanimous vote.:, Will there be a charge? The Village Council has approved an Ordinance allowing for the establishment of user fees. These fees have not been established, but as an example, a yearly membership" for a family of four is projected to`range between $350 - $425. There will be no charge for sem`or services or participation in community sponsored events. Allresidents will have access to the center for individual events, programs -o r general use without membership by p ayigspecific usenfees. 15 ser fees w ithb c discounted or eliminated,"tfdrany"4residentwlfo`.showsfinancial hardship, Size of`the Coininu tity Center: According to the Consultants Ballard and King, a nationally recognized eoimnunityeenter planner, has given a professionalvinion that the "center is modestly sized for Key Biscayne." Removing elements from the center would under serve portions ofthe community andior decrease the finwicial viability of the center e above changes were approved bya;unanim+ Underground -Parking Garage The8O^ space Co`anmua ty Center parking garagehas been placed bclowlgradetopreser easmuchgreedspaceaspa`ssible: Origitrallgathreestoryparkinggaragewas plat i d next'to the village HallThisplan*as'iejected (lie to public input of neighbors: Although an expensive option, the unciergr id rage i tlfe bat to.preserve green skrace and to decrease the bulk ofthekcenter.;, Using current techntrlogy, the:undergrdund garage will function extremely well. The aboveparagraph was approved, as written, by a minions' vote. • Village's Financial Standing: =,Recently;• the Village of Key Biscayne was awarded an A+ rating from Standard and Tibor, and an AO -rating front hfioody's. These independent financial ratings reflect the highest scores possible fora barrier island. BothRthese ratings included the debt service on the Comrnunity Center. i :' �_ " l The above paragraph; as written, was Projected Cost of the Community Center:. The project will cost 9.87 million dollars, approximately $600,000 to furnish and egtn 3 and $200,000 far the project manager. The above changes were approved by a unanimous vote: Community Cedter and Taxes: Financing, totaling 9 million dollars, for the Community Center's construction has been obtained at very affordable rates. Operating costs of a well designed, 8 of 13 April 2Z 2003 financiallyviablecenter are projected to be recovered through user fees. The Village's budget has the ability to absorb any ncc�&aay subsidy of the operating costs that user fees do not Incet cover. Again, tlicic will be no acad for a tax ineteasc. No tax increase w•ll b ucci,,bsary is anticipated. The above changes were approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmembers Diaz - Castro and Peters voting No. additi�udl otaffuig of othci .XY.u5ua ai iaquun,d to ensure that the D.,paitment functions at optimal caracitribe-ant. . The above change was approved by unanimous consent. Michael Lanciault, James A. Cummings, Inc. addressed the Council regarding the estimated costs on the possible cancellation of the Community Center Project. Paul Abbot, Principal, Skyline Management Group, Inc., also addressed the Council. The Attorney addressed the Council regarding the estimated costs presented by Cummings. Financial Expenditures to Date for Design of Community Center *Architectural Fees - Robert G. Currie Partnership: Consultant Fees - Ballard and King: Community Survey - Leisure Vision: Total: $ 733,155.00 $ %.25,456.9+00 $ 24, 920.00 $ 783,531.9+00 Financial Impact to the Village if Construction is stopped by the Referendum: Total from above: **James A. Cummings Estimate to stop project 5/21/03 $ 3,997,217.00 $ 783,531.9+00 Total: This fee includes $233,655 paid to have the Community Center redesigned **Estimated Costs to stop construction provided by James A. Cummings on 3/28/2003 $ 4;780,748.9+00 9of13 April 22, 2003 Councilmember Peters made a motion requestingmore detail on the cost estimate provided by James A, Cummings Inc. for stopping the project. The motion was seconded by Councilmember Diaz - Castro and failed by a 2-4 voice vote. The vote was as follows: Councilmembers.Diaz-Castro and Peters voting Yes. Councilmembers Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski votingNo. Vice MayorMendiamade a motion to use the cost estimate to stop the project, as prcsented by Jaynes A. Cummings, Inc. The motion was seconded by Councilmember Fried and approved by a 4 2 voice vote. The vote was' as follows: Councilrnernbers Fried. Vernon, Vice*Mayor Mendia, and,Mayor O1da`kowski;voting V ..Cou cihneinbe s Diaz-Castro,andPeterskvotiing.No; >„ ,, tobtreilriShlierTEried adeartmotiotrto include Ethe.money+alreadyrspent for the architect and surveyors. The;nrotio5 was;secoltded by'CouncdnremberVefnonsand approvedbya 6-0 voice vote. is.as fotltrws•.Councilmenbers Diaz as Fried, Peters, Vernon; Vice Mayor Mendia and Mayor OId'akowslh voting Yes. At this time the cover page, presented by Vice Mayor Mendia was discussed: IF YOU VOTE NO: • The Community Center will be completed in the summer of 2004 at a cost of 9.87 millions.k.,ra: ? , • It is not anticipated to result in an increase in property taxes to build or operate. • It will be restricted'to residents and their guests only: IF YOU VOTE YES: • The construction of the Community Center will stop immediately and the project will be cancelled. • Our contractor projects costs to the Village of approximately 4- million dollars to stop the project and we have already spent $783,000 to date. • Completion of a community center would be delayed for the foreseeable future. The above language was approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmembers Diaz - Castro and Peters voting No: Councilmember Fried made a motion to approve the fact sheet, as amended and mailing it to the voters. The motion was seconded by Vice Mayor Mendia and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmembers Diaz -Castro and Peters voting No. 10 of 13 April 22, 2003 Councilmember Fried made a motion to extend the meeting to 11:15 p.m. The motion was seconded by Councilmember Vernon 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. Mayor Oldakowski addressed the Council regarding a draft letter to be sent to the voters regarding the May 20, 2003 Special Election. Vice Mayor Mendia made a motion to amend the letter by making reference to the fact sheet, delete the word "small" from the third paragraph and eliminate the second paragraph: The motion was seconded by Councilmember Fried and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmembers Diaz -Castro and Peters voting No. Mayor Oldakowski made a motion to approved the letter to the voters, as amended. The motion was seconded by Councilmember Fried and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councihnembers Diaz -Castro and Peters voting No. Vice Mayor Mendia made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Diaz -Castro 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_ The Attorney address the Council regarding the use of Channel 16. It was the consensus of Council not to sponsor a debate or panel discussion, and directed the Attorney to look into the use of Channel 16 for a debate or panel discussion between the Petitioners' Committee and the Islanders for our Community Center. Village Attorney. The Attorney did not submit a report. Village Clerk., The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor during the month of April 2003: proclaiming the month of May as "Civility Month Village Manager. The Manager addressed the Council recommending that Council approve the proposal from William Hatfield and Stoner for traffic calming. on Grapetree Drive. Armando Nunez, Public Works Supervisor addressed the Council regarding the proposal. Michele Padovan, 425 Grapetree Drive and Miguel Triay, 600 Grapetree Drive addressed the Council. 11 of 13 0 April 22, 2003 Vice Mayor vlendiamad'e°ambtioftfoapprovefraPficcalming 'ori-Urapetiee"Dnve. Themofioriwas seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as' follows: Councihnembers Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski Voting Yes. 7, It was the consensus of Council to direct staffto bring the cost for street lighting on Grapetree Drive tb the next Council, Meet The Manager'deferr'ed the item`onxthe permit process^for the -use of the �1"ifa Badge-foi fishing activities. r Vice Mayor Mendia made a motion to extend the meeting to 11:35 p.m. The motion was seconded Councilmember Peters 'and approved by a .6-0"r voice. vote: The' vote was as `"follows: Councilmembers Diaz -Castro, Fried, Peters, Vern.on,,"Vice MayorMendiit and Mayor Tldakbwski voting`Yes. The Manager addressed the Council recommending that the Council approve the addition ofa new position to eFire'Department This position will' serve as both a`Quality'Assurancb Ofeerand Paramedic Instructor s' ' t Chief Gilbert and Dr. Kathy Schrank, Medical Director for the Fire Department,' addressed the Council regarding the need for this position. Councilmember Peters made a motion to approve the addition of a position to the Fire Department to serve as Quality Assurance Officer and Paramedic Instructor.The motion, was seconded by Councilmember Vernon and approved' by a 6-0 `voice Vote.' The vote was as follows: Councilmembers Diaz -Castro, Fried, Peters, Widen, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 8. OTHER BUSINESS/GENERAL DISCUSSION: The Clerk reminded all Councilmembers that aPolice Workshop has been scheduled for tomorrow at 6:00 p.m. in the Council Chamber. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 10. ADJOURNMENT: The meeting was adjourned at 11:40 p.m. 12of13 April 22, 2003 aWeit Conchita H. Alvarez, CIVIC Village Clerk Approved this 13th day of Mar , 2003: k AO fiOur, j j t tree Robert Oldakowski Mayor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT 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 INCLUDESTHE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 13 of 13 MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, APRIL 8, 2003 COUNCIL CHAMBER 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 Flied, 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 J. Helfrnan. 2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church, gave an invocation. PLEDGE OF ALLEGIANCE: Mr. Steve Stallman led the Pledge of Allegiance.: 4. PUBLICCO1VIMENTS: The following residents addressed the Council: MichelePadovan, 425 Grapetree Driveand Dr. Michael Kelly, 395 ;Gulf Road. 5. AGENDA: Mayor Oldakowski requested the deferral of Item 10B1 under the Attorney's: report, the addition of the nomination of an additional member to the Crandon Boulevard Redesign Committee as Item 10A8, to hear Item 10A3 together with Item 10A7, to hear Item 10D7 together with Item 10A4 and the Manager requested the deferral of Item 10D4 to the next Council meeting. There was no objection to the agenda changes. 1 of 6 I0. L April 8, 2003 6. APPROVAL OF MINUTES CouncilmemberFned made amotion to approve the minutes of the March 18, 2003 Regular Council. Meeting. The motion was seconded by Councilmember Vernon and approvedbya 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz- Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 7. ACTION ON COMMUNITY CENTER REFERENDUM: The Clerk presented to the Council the Certificate of legal sufficiency for the referendum petition regarding the repeal o f Ordinance 2002-10, the C apital project authorizing ordinance for the Village of Key Biscayne Community Center. CouncilmemberBroucek made a motion to accept the Certificate of Legal Sufficiency. 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. The Attorney addressed the Council regarding the two options before Council. The Attorney stated that Council has the option of repealing Ordinance 2002-10, as requested by the petitioners, or Council may proceed, with adopting theresolution calling the Special Election. Cduneilmember Fried made a motion to reject` the petition and move forward toconsider the resolutibncalling-a Special Election. The motion was seconded by;CouncibnemberVernon and approved by a 7-0 voice vote. The vote was as fbllows: Councilmembers Broucek, Diaz -Castro, Fried; Peters, Vernon; Vice MayorMendia,and MayorrOldakows'ki voting Yes. The Clerk react the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION FOR THE PROPOSED REPEAL OF ORDINANCE' NUMBER 2 002-10, WHICH, ORDINANCE SERVES AS THE CAPITAL PROJECT AUTHORIZING ORDINANCE FOR THE CONSTRUCTION AND EQUIPPING OF THEVILLAGE'S COMMUNITY CENTER, PURSUANT TO REFERENDUM PETITION OF ELECTORS SEEKING s, t.HE, REPEAL OF ORDINANCE 2002-10; PROVIDING. FOR BALLOT AND ELECTION PROCEDURE; PROVIDING FOR EFFECTIVEOATE.- CouncilmemiserFried 'made &Mot Mayormend The Clerk addressed the Council regarding the details of the election and proposed to the Council the possibility of early voting on the Village, onto approve the resolution. The motion was seconded by Vice 2of6 April 8, 2003 Councilmember Fried made an amending motion to provide early voting in accordance with the law: 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. The resolution as amended 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. ORDINANCES: There were no ordinances considered by Council. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF,KEY BISCAYNE, FLORIDA, AUTHORIZING AND . APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN SKYLINE MANAGEMENT GROUP, INC. ("SKYLINE") AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR VILLAGE TO OBTAIN THE SERVICES OF SKYLINE AS THE OWNER'S REPRESENTATIVE FOR VILLAGE'S COMMUNITY CENTER PROJECT; AUTHORIZING IMPLEMENTATION OF CONTRACT; PROVIDING FOR EFFECTIVE, DATE Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The Manager addressed the Council regarding this resolution. Barry Goldmeir, 1000 Mariner Drive and Paul Abbott, Skyline, Inc. addressed theCouncil regarding this resolution. The resolution was approved by a 7-O voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Oldakowski addressed the Council regarding the twelve month evaluation of the Village Clerk recommending a 5% salary increase ($70,201).; Councilmember Broucek made a motion to increase the Clerk's salary to $70,201, effective. April 1, 2003. The motion was seconded by Councilmember Vemon 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. 3of6 April 8, 2003 Councilmember Broucek addressed the Council with a request from the City of Miami Manager to make a presentation by their Planning Department before the Council on the Virginia ICeyMaster ager addressed the Council regarding this issue. It as the consensus of Council' to direct the Manager to schedule such a presentation before the Cowell. CouncilmemberPeters addressed the Council making a motion to deny the Use ofVillage/Taxpayer money to state a position of the Council supporting or not supporting the proposed Community Center. The motion was seconded by Councilmember Vernon. Jim Leavitt, 240IslandDrive; Bonnie Cooper, 77 Crandon Boulevard; CamilleGuething, 260 Seaview Drive; Christina Bracken, 224 West Mashta Drive; Michael Kahn, 881 Ocean Drive and Patricia Roinuno, 361 Beechwood addressedthe Council, There was ex'tensivediscussion from 'Council regarding this natter. ti The Attorney, the Manager and ToddHofferberth, Recreation Director addressed the Council regarding this issue. The motion failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Diaz -Castro and Peters voting Yes. Councilmembers Broucek, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting No. It was the consensus of Council to direct the Manager to prepare the information sheet on the Community Center and present a draft to Council at the April 22, 2003 ,Council' Meeting. Mayor Oldakowskiaddressedthe Council requesting consensus to direct the Manager to look into regulating motorized water craft and concessions on the public beach. " It was the consensus of Council to direct the Manager tolook into this issue and report back to Council in 30 days. Mayor Oldakowski addressed the Council requesting consensus to direct the Manager to look into the regulations that affect the pick up of trash and landscape cuttings. Armando Nunez, Director of Public Works addressed the Council regarding this issue. It was the consensus of Council to direct the Manager to look into this issue and report back to Council. 0 April 8, 2003 Mayor Oldakowski addressed the Council regarding the evaluation of the Village Manager. Mayor Oldakowski presented to the Council the following proposed terms for the renewal of the Village Manager's contract: salary 5%increase ($136,147.28); car allowance $4,800; no housing allowance; 15% Village contribution ICMA 401; group plan insurance; 1 year severance pay and a 3 year contract. Councilmember Fried made a -motion directing the Attorney to prepare a contract for the Manager with the above proposed terms. 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 addressed the Council regarding a new appointment to the Crandon Boulevard Streetscape Master Plan Committee proposing Mr. Steve Liedman. Councilmember Peters made a motion to appoint Mr. Steve Liedman to the Crandon Boulevard Streetscape Master Plan Committee. 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 Attomev. The Attorney withdrew the item regarding the quasi-judicial procedures. Village Clerk. The Clerk submitted a copy of her office's 2002 annual report to the Council Village Manager. The Manager addressed the Council reporting that she has been appointed to a permanent coordinating group for Intergovernmental Special Events. The Manager addressed the Council regarding the Art in Public Places Committee recommending the replacement of a voting member due to a resignation. Jud Kurlancheek, Director ofBuilding,.Zoning and Planning addressed the Council regarding this item. Councilmember Fried made a motion to appoint Ms. Teresa Hodges to the Art in Public Places Committee. 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 NIendia and Mayor Oldakowski voting Yes. The 'Manager addressed the Council regarding the Crandon ° Boulevard Streetscape =Master Plan recommending the appointment of a new voting member. Director Kurlancheek addressed the Council regarding this item.' 5of6 April 8, 2003 Councilmember Fried made a motion to. appoint Mr. Kevin Kirwin, Crandon Park Manager as a voting member. The motion was seconded by Vice Mayor Mendia and approved by a 7-0 voice vote. Theijot`ewas as follows: CouncilmembcrsBroucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Meldia'and Mayor Oldakowskivoting Yes. ' :x. The Manager deferredthe item regarding the Mashta Bridge fishing permit. The Manager addressed the Council recommending Wednesday, April 23, 2003 at 6:00 p.m. es the ne"and place for'the Police Workshop. The Workshop will beheld in the Council Chamber. he Manager also addressed the Council recommending..Tuesday, July 1; 2003 at 6:00 p.m. as the date for the Budget Workshop. The Workshop willabe held in the Council Chamber; 11, OTHER BUSINESS/GENERAUGDISCUSSION: Director Hofferberth, addressed the Council regarding the Easter Egg Hunt on Saturday April 19 2003 at 9:30 a.m. on. the Village Green. 12. ` ' SCHEDULE OF FUTURE' MEETINGrtS'JEVEN.TS:. A schedule of future' meetings and events was .presenteda O tireCouneil r,r,, ie ,° 13. ADJOURNMENT: The rneeting was adjourned at 9:401p Re cifully submr,'tted: ita HL Alvarez,'C'MC Village Clerk Approved this 22nd day of April , 2003: lGOcre-cit Cis Robert Oldakowski = ' IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDEREDATA MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIMRECORD OF THE PROCEEDINGS IS MADE,, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6: MINUTES 911 WORKSHOP VILLAGE OF KEY BISCAYNE,,FLORIDA TUESDAY, APRIL 1, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:10 p.m. Present were Councilmembers Martha F. Broucek, Carol Diaz -Castro, Mortimer Fried, James L. Peters, Robert L. Vernon, Vice Mayor Jorge E. Mendia and Mayor Robert Oldakowski. Also present were Village Manager Jacqueline R. Menendez and Village Attorney Ed Guedes. The Mayor welcomed "the Council and discuss the 911 system. e residents, stating that the purpose of the orkshop is to The Manager addressed the Council regarding the workshop. The following staff was also present: Chief of Fire Rescue John C. Gilbert, Chief of Police Michael J. Flaherty, Finance Department Director Randolph White and Mr. Carlos Gimenez, Carlos Gimenez & Associates, P.A., Village Fire Rescue Department Consultant. Also present were Mr. Carlos Castillo, Acting Director, Office of Emergency Management Miami - Dade Fire Rescue Department, Mr. Karl Oltz, Division Chief, Chief of Communications, Miami - Dade Fire Rescue Department, Mr. Jesse Varnell, Captain, Communications Bureau, Miami -Dade Fire Department, Ms. Natalie Duran, Fire Communications Officer, Mianu-Dade Fire Rescue Depai tinentand Mr. Ray Hamlin, Assistant Chief Communications Division, City of Miami Fire Rescue Department. 1 oft April 1, 2003 The above mentioned Miami -Dade County and City of Miami staff addressed the Council regarding the 911; system in Miami -Dade County. The following residents addressed the Council Linda Davitian, 720 Myrtlewood Lane; Camille Guething, 260 Seaview Drive and Dr. Robert Maggs, 155 Ocean Lane Drive. The Mayor thanked all the residents and staff participating in this workshop. There being no further business, the meeting was adjourned at 8:15 p.m. Re 'ec., ally submited. a IL Alvarez, CMC Village Clerk' Approved this 22nd day ofApril `;.2003: Robert Oldakowski Mayor IF A PERSON DECIDES TO APPEAL ANYDECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED ARECORD OF THEPROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2 0 11 REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, MARCH 18, 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 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 J. Hoffman. 2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church, gave an invocation. PLEDGE OF ALLEGIANCE: Ms. Marivi Walker led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mr. Michael Futterman, CPA, Directors for Rachlin Cohen & Holtz LLP Certified Public Accountants made a presentation to the Council regarding the 2002 Comprehensive Annual Financial Report. PUBLIC COMMENTS: There were no speakers_ present. 6. AGENDA: Mayor Oldakowski requested the addition of a report from the Clerk regarding the status of the referendum as Item 10C2; Councilmember Diaz -Castro requested the addition of a discussion regarding expediting the referendum process to be heard together with Item 10C2; Vice Mayor Mendia requested the addition of a discussion regarding the recent public meeting on the Community Center as Item 10A1; CouncihnemberPeters requested the addition of a report from the 1 of March 18, 2003 Manager on the recent traffic jam as the result of a concert on Virginia Key as Item 10D3 and Mayor Oldakowski requested the addition of a report from the Manager regarding the upcoming Nasdaq- 100 Open Temns Tournamentand possible tnfflc eongestion as Item 101)4 There was no objection to the agenda changes. 7. APPROVAL OF MINUTES: Councilmember Broucek made a. motion to approve the minutes of the February 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, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 8. ORDINANCES: There were no ordinances considered by Council on first reading. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE IV "FINANCE" AT DIVISION 1 "GENERALLY" By CREATING SECTION 2-71 "FEES FOR USE OF COMMUNITY CENTER;" AUTHORIZING THE VILLAGE, COUNCIL, BY RESOLUTION, TO PROVIDE FEES pow MEMBERSHIP IN AND THE USE OF THE COMMUNITY CENTER; 'PROVIDDING `FOR SEVERABILITY; PROVIDING FOR INCLUSIONIN CODE; PROVIDING FORA"N Eh'FE`+iTIVE`DATE. Councihrrember°Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek_ `'i° The Mayor opened the publicthearing. There were no speakers present. The Mayor closed the public hearing. There was some discussion from Council regarding this ordinance: The Manager and Todd Hofferberth, Recreation Director addressed the Council regarding this ordinance. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councihnembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice' Mayor Mendia and Mayor Oldakowski voting Yes. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING PARKING PLAN FOR CIVIC CENTER SITE AS REQUIRED BY SECTION 2(3) OF RESOLUTION NO. 2002-9, PRIOR TO DEMOLITION OF OLD 2of5 0 0 0 March 18, 2003 VILLAGE HALL; APPROVING PLACEMENT OF 11 PARKINGSPACES ON MCINTYRE STREET FROM CRANDON BOULEVARD TO FERNWOOD ROAD; AUTHORIZING DEMOLITION OF OLD VILLAGE HALL; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Mendia. The Manager Armando Nunez, Public Works Director and Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this resolution. There was some discussion from 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. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Vice Mayor Mendia addressed the Council regarding the information workshop held Thursday, March 13, 2003 on the Community Center.l It was the consensus of Council to direct the Manager to prepare a draft document and present it to the Council, with the questions and answers of the above mentioned workshop and current actual information on the Community Center. The Attorney addressed the Council regarding the contract with Cummings for the Community Center. Michael Kelly, 395 Gulf Road addressed the Council. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month ofMarch 2003: proclaiming March 6, 2003 as R. S. Shiver Day and proclaiming April 27 through May 4, 2003 as Days of Remembrance: The Clerk addressed theCouncilreporting on the status of the petition regarding the Community Center: The Attorney also addressed the Council regarding this issue. 3 of 5 March 18, 2003 Councilmember Diaz-C.a stro made a motion t o c all a Special Council Meeting a fter t he legal sufficiency certification of the petition. The motion was seconded by Councilmember Peters and fbiled:bya 2-5 voice vote. The' vote Was as follows: Councilmembers Diaz -Castro andPeters voting Yes. Councilmembers Broucek, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Village Manager. The Manager addressed the Council recommending that a professional services contract with C arlos Gimenez-and Associates, P'A, b e approved t o r eview and assess c ertain programs within the.Village ofKeyyB't'scayne Fitt Rescue;Department Chief of Fire Rescue, John C Gilbert and.the Manager addressed the Council regarding the consultant. Carl&Gimei ez; Carlos Gimenez and Associates, P.A. addressed the Council:. Ed, Meyer, 100 Sunrise Drive addressed the Council. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OFTHEVILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN CARLOS' GIMENEZ AND ASSOCIATES, P.A.(THE "CONSULTANT" AND TIIE VILLAGE E - OF, KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL CONSULTING SERVICES FOR THE FIRE RESCUE DEPARTMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN El'1ICTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Peters and approvedby a 7-0 voice vote. The vote was as follows: Councihnembers Broucek, Diaz -Castro,; Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Ed Meyer, 100 Sunrise Drive addressed the Council regarding the Fire Department. The Manager and Boxy Lohuis, Senior Coordinator addressed the Council regarding a proposal to extend the Trial Transportation Program forSeniorResidents on Key Biscayne. Councilmember Fried made a motion to accept the Manager's recommendation to extend the Trial' Transportation Program for Seniors for another six (6) months. The motion was seconded -by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councihnembers Broucek, Diaz -Castro, Fried,' Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 4of5 0 0 March 18, 2003 The Manager and the Attorney addressed the Council regarding the traffic jam on Sunday, March 9, 2003 due to a music festival on Virginia Key. There was extensive discussion from Council regarding this issue. It was the consensus of Council to direct the Attorney to look into this issue and report back to Council. The Manager also addressed the Council regarding the traffic flow as the result of the Nasdaq -100 Open Tennis Tournament from March 19 to March 30, 2003. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was nofurther 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 8:46 p.m. lly submitt d: Seei Conchfta H. Alvarez, CMC Village Clerk Approved this 8th day of April , 2003: 4,0 Cita- Robert Oldakowski Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED ATA 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. 5 of 5 ZONING MEETING KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 25, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD L 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 J. Heifinan. PLEDGE OF ALLEGIANCE: Janice and Howard Scholl led the Pledge of Allegiance. 3. AGENDA: The Clerk requested to renumber the agenda; Mayor Oldakowski requested the addition of a discussion regarding scheduling of workshops as Item 7D4. There was no objection to the agenda changes. 4. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the February 11, 2003 Regular Council Meeting. 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. ORDINANCES: The Clerk read the following ordinance, by title, on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BYAMENDINGARTICLE IV "FINANCE" AT DIVISION 1 "GENERALLY" BY CREATING SECTION 2-71 "FEES FOR USE OF COIVI1VIUNITY CENTER;" AUTHORIZING THE VILLAGECOUNCIL, BY 1of5 February 25, 2003 RESOLUTION, TO PROVIDE FEES FOR MEMBERSHIP IN AND THE USE OF THE COMMUNITY CENTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION P4 CODE; PROVIDING FOR AN EFFECTIVE; DA ft,. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councihnember Vernon, The Mayor opened the public hearing. Camille Guething, 260 Seaview Drive addressed the Council. The, Mayor closed the public hearing. The Attorney addressed the Couneil=%regarding this;ordinance. The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk announced the second reading of`1he ordinance on March 18, 2003. The Clerk read the following_ ordinance, by *le, on second reading: AN ORDINANCE OF THE VILLAGE; OF KEY BISCAYNE, FLORIDA, REZONING THE PROPERTIES LOCATED AT 701, 714, 725, 726, 735, 738, 745, 750, 759, 762, 775, 774, 785, 786, 795 AND 798 FERNWOOD ROAD, FURTHER DESCRIBED IN EXHIBIT "A", FROM PS (PARICSIDE RESIDENTIAL) TO VR(VILLAGE RESIDENTIAL); PROVIDING FOR DESIGNATION ON THE OFFICIAL ZONI IG MAP; PROVIDING FOR SEVERABJLITY; PROVIDING FOR AN' EFFECTIVE DATE: Counbilmeinber Fried made a motion to adokat; the ordinance on second reading. The motion was seconded by Councihnember Broucek. The Mayor opened the public hearing. Kathy King, 745 Femwood Road; Joel Kalman, 795 Fernwood Road; Fabrizio Schettini, 726 Femwood Road; Michael Kahn, 881 Ocean Drive; Camille Guething, 260 Seaview Drive; Don Singer, 100 Sunrise Drive and Mary Albanese, 762 Femwood Road addressed the Council. The Mayor closed the public hearing. JudKurlancheek, DirectorofBulding, Zoning and Planningaddressed the Council regarding this.ordinance. The. ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried; Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 0 0 2of5 February 25, 2003 RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHEDINTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY PUBLIC SCHOOLS FOR EDUCATIONAL FACILITIES PLANNING, SITE SELECTION AND ACQUISITION, AND CONSTRUCTION; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. ^ The motion Councilmember Peters. as seconded by The Manager and the Attorney addressed the Council regarding this resolution. The resolution 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 Chamber at the time the vote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE DESIGNATION OF NATIONAL PARK FOR THE VIRGINIA KEY BEACH PARK: Mayor Oldakowski made a motion to approve the resolution. The motion was seconded. by Councilmember Broucek 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 Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY -BISCAYNE, FLORIDA;. AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE RENOVATION OF A PUBLIC FACILITY, TO WIT: THE VILLAGE GREEN SPRAY POOL, AS DESCRIBED IN THE ATTACHED MEMORANDUM AND PROPOSAL; AUTHORIZING THE WAIVER OF COMPETITIVE' BIDDING PROCEDURES FOR THIS TRANSACTION AS AUTHORIZED BY VILLAGE CODE SECTION 2-85; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Vernon. 3 of 5 February 25, 2003 The Manager and Todd Hofferberth, Recreation Department Director, addressed the Council regarding, this resolut 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: E REPORTS&AND RECOMMENDATIONS: The followingiterns were discussed:' Manor and Councilmembers. Mayor Oldakowski addressed the Council regarding the consideration of a request by petitioners' committee to review filing of affidavit and proposed referehdu n petition form for conformity with Charter Section 5.02(c). Councilmember Fried made a motion to direct the Attorney to review`' the proposed referendum petition for conformity with Charter Section 5.02(c). The motion was seconded by Councilmember Peters and approved sya;7-0voice vote. The vote was as follows: Councilmembers Broucek, Diaz - Castro Fried, Peters, Vernon,' Vibe Mayor Mendia and'Mayor Oldakowski Voting Yes: Councilmember Broucek addressed the Council in reference to the 911 response time regarding recent events. It was the consensus of Council to hold a workshop regarding 911 on Tuesday, April 1, 2003 at 6:00 Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report: Village Manager. The Manager presented to the Council a fund balance analysis recommending that the Village Council instruct the Manager to appropriate the surplus of $497,702: Randy White, Finance Director addressed the Council regarding the surplus. Councilmember Fried made a motion to direct the Manager to designate the surplus of$497, 702 as follows: $200,000 to the Emergency Fund Reserve; 200,000 to Land Acquisition/Playing Field Reserve and the balance into the Community Center Equipment Reserve. 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. The Manager also addressed the Council regarding fiscal year 2002 appropriations` transfers recommending that Council approve such transfers. 0 0 4of5' February 25, 2003 Councilmember Broucek made a motion to approve the attached fiscal year 2002 appropriations transfers. The motion was seconded by Councilmember Fried 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. Ed Meyer, 100 Sunrise Drive addressed the Council regarding fireworks. The Manager and Mr. Hofferberth, Recreation Director addressed the placement of Bocci courts. It was the consensus of Council to direct staff to look into this issue and bring back to Council at a future meeting. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 11. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. ally sabmi d di Amit Conchita K Alvarez, CMC Village Clerk Approved this 18th day of March . 2003: AO atilt_ Robert Oldakowski Mayor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5 of 5 MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 11, 2003 7:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Chairman 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 J. Helfman. 2. INVOCATION: Reverend Bud Schroeder, Key Biscayne Community Church, gave an invocation. 3 PLEDGE OF ALLEGIANCE: Ms. Mariana Mendia led the Pledge of Allegiance. 4. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the January 28, 2003 Local Planning Agency Meeting. 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. 1 of 2 February 11, 2003 5. ORDINANCES: A public hearing and recommendation of the Village Council sitting as the Local Planning Agency on the following proposed ordinance: AN 0 RDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-102 "GU GOVERNMENT USE DISTRICT" RELATING TO DEVELOPMENT STANDARDS AND PROCEDURES FOR GOVERNMENTAL USES; AMENDING SECTION 30-108 "PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR AN EFFECTIVE DATE, Councilmember Fried made a motion to recommend the adoption of the ordinance, on second reading, to the Village Council. The motion was seconded by Councilmember Peters. Jud Kurlancheek and the Attorney addressed the Council regarding this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing, The motion 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. ADJOURNMENT: The meeting ily sabmittfd ee Conchita IL Alvarez, CMC Village Clerk as adjourned at 7:10 p.m. Approved this 10th day of November , 2003: Robert Oldakoiski Chairman IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2of2 0 MINUTES' VILLAGE COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 11, 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;10 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 Oldakowslci. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita 11- Alvarez and Village Attorney Stephen J. Helfman. SPECIAL PRESENTATIONS: The Sands Condominium Association will be heard later on the agenda. 3. PUBLIC "COMMENTS: The following resident addressed the Council: Dr. Alex Zacharia,: 245 Harbor Drive. 4. AGENDA: Mayor Oldakowski requested to hear Item 2A as Item 8D6; the Mayor also requested to add a briefing regarding the Crandon Park Amendment Committee meeting held this morning as Item 8A3 Councilmember Diaz -Castro requested to add a brief discussion regarding the Zoning Code as Item 8A2; the Manager requested the adclitionofareptrk regarding the Construction` Program Manager for Village of Key Biscayne Community Center Project as Item 81317. There was no objection to the agenda changes: I of5. February 11, 2003 5. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the January 28, 2003 Zoning Meeting. 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, Pried, Peters; Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 6. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, A MENDING SECTION 30-102 "GU GOVERNMENT USE DISTRICT" RELATING TO DEVELOPMENT STANDARDS AND PROCEDURES FOR GOVERNMENTAL USES; AMENDING SECTION 30-108 "PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT"; PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE' VILLAGE' CODE; PROVIDING FORAN'EFFECTIVE DATE, Councilmember Diaz -Castro made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek., Director of Building, Zoning and Planning, Jud Kurlancheek, addressed the Council regarding this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The Attorney addressed the Council regarding this ordinance. " Councilmember Diaz -Castro made an amending motion to delete the swimming pool and decks provision front Main Permitted Uses. The motion was seconded by Councilmember Vernon and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. Councilmember Broucek voting No. Councihnember Peters made a motion to substitute the word "may" forthe word "shall" and to delete the last sentence in Paragraph 1. The motion was seconded by Councilmember Broucek. Councilmember Peters withdrew the portion of his motion dealing with changing the word "may" to "shall". The amending motion, as amended, was approved by a 7-0 roll call. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowsk voting Yes. 2 af 5 February 11, 2003 Councihnember Peters made ariamending motion to require a supra majority vote of the Council in order to waive any regulations. The motion was seconded by Councihnember Diaz -Castro and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Diaz -Castro and Peters voting Yes. Councilmembers Broucek; Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting No. The ordinance, as amended, was adopted on second reading by a 7-O roll call vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE 2003 GOALS AND OBJECTIVES, ATTACHED AS EXIIIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councihnember Vernon 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 the Sands Condominium Association presentation was heard. There was no objection regarding the agenda change. Santiago Echemendia, Tew Cardenas Rebak Kellog Lehman DeMaria Tague Raymond & Levine, P.A., representing the Sands Condominium Association, addressed the Council regarding noiselcooling tower concerns coming front the Ritz Carlton. Carter McDowell, Bilzin Sumberg Dunn Baena Price & Axelrod, LLP, representing the Ritz Carlton, addressed the Council. It was the consensus of Council to direct the Manager to look into the recommendations made by The Sands Condominium Attorney and report back to Council. At this time the Council took a 5 minute break. The meeting was reconvened at 8:35 p.m. 8, REPORTS AND RECOIVIIVIENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Oldakowski addressed the Council regarding the renewal of the Manager's contract, appointing Councilrnember Peters to negotiate with the Manager. Couneilmember Peters agreed to work with the Manager. 3of5 February 11, 2003 CouucilmemberDiaz-Castro addressed the Council regarding merging the Village Zoning Code with the Miami -Dade County Zoning',Code in order to have a unified code. Councilmember Diaz -Castro made a motion to direct staff to look into this issue and report back to, Council within 60 days. The motion was seconded by Couneilmember Peters and failed by a 3-4 voice vote. The vote was as follows: Councilmeinbers Diaz -Castro, Peters and Vernon voting Yes. Councilmembers Broucek, Fried, Vioe.Mayor Mendia and Mayor Oldakowski votingao„, The Atto y addressed the Cauneil regarding tins issue. Mayor Oldakowski addressed the, Council regarding the Crandon Park Amendment Committee meeting which took place this morning. There was some discussion from Council regarding this items` Vi11a e Attornev. The Attorney lid not submit ort. Village Clerk. The Cleric submitted to Council, for their information, a letter to Mr. David Leahy, Supervisor of Elections; Miami -Dade CountyElections Department from. Edward C. ICast, Division ofElections,FloridaDepartmentofState, datedJanuary23, 2003 regarding the conduct ofmunicipal elections, §100.3605(1), §101.5604, AND §101.62 et. seq., F.S. Village Manager. Mrs. AniNunez, President, Key Biscayne Chamber of Commerce, addressed the Council regarding enhancements to bus service on Key Biscayne, effective 3/2/2003. It was the consensus of the Council to direct staff to look into the possibility of obtaining smaller buses for the bus service on Key Biscayne. The Manager also addressed the Council regarding the bus service. The, Manager and Todd Hofferberth, Director of Recreation Department addressed the Council regarding the proposed Recreation Center fee structure. Ed Meyer, 100 Sunrise Drive and Pat Weinman, 940 Mariner Drive addressed the Council. There was extensive discussion from Council regarding this issue. It was the consensus of Council to direct staff to bring an ordinance creating fees for membership in and the use of the Community Center, at the next Council,Meeting. The Manager submitted to the Council a detailed Crandon Boulevard Streetscape Master Plan: scope of work report. 4of5 February 11, 2003 Director Kurlancheek addressed the Council regarding the Crandon Boulevard Master Plan scope of work. The Manager also submitted to the Council a Community Center progress report. Armando Nunez, Public Works Director addressed the Council regarding this report. The Manager also submitted a report regarding the Art in Public Places Committee. The Manager requested that the Council terminate the Request For Qualification process, and reject all proposals submitted for the construction program manager for the Community Center Project. Councilmember Broucek made a motion to terminate the RFQ process and reject the proposals submitted for the construction program manager for the Community Center Proj ect. The motion was seconded by Councilmember Fried 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. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no furtherbusiness discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 11. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. Conehita H. Alvarez, CMC Village Clerk Approved this 25th day of February , 2003: 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 NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THATA VERBATIMRECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5 of 5 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 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 7:27 p.m. Present were Councilmembers Carol Diaz -Castro, Mortimer Fried, James L. Peters, Robert L. Vernon, Vice Mayor Jorge Mendia and Mayor Robert Oldakowski, Councilmember Martha F.'Broucek was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfinan.,; 2. AGENDA: Mayor Oldakowski requested the addition of appointment of Committees as Item 7A1. There was no objection to the agenda change. 3. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the January 14, 2003 Regular Council Meeting and the minutes of the January 21, 2003 Goals and Objectives Workshop. The motion was seconded by Councilmember Vernon 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. 1of4 January 28, 2003 4. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REZONING THE PROPERTIES LOCATED AT 701, 714, 725, 726, 735, 738, 745, 750, 759, 762, 775, 774, 785, 78'6, 795 AND 798 FERNWOOD ROAD, FURTHER DESCRIBED IN EXHIBIT A, FROM PS (PARKSIDE RESIDENTIAL) TO VR (VILLAGE RESIDENTIAL); PROVIDING FOR DESIGNATION ON THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Councihnember Fried made a, motion to adopt the ordinance on first reading. The motion was seconded byCouncihnember Diaz -Castro: The Attorney and the Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding this ordinance. The Mayor opened the public hearing. Kathy King, 745 Femwood Road; Leo Brito, 786 Fernwood Road; Gay Donofrio, 798 Femwood Road; John Rosser, 300 Redwood; Marta Zubillaga, 701 Femwood Road, Jovita Burgaz, 726 Fernwood Road; Stephen D. Ohnore, 750 Fernwood Road • Mary Albanese, 762 Femwood Road; Rusty James, 705 Myrtlewood Lane; Agnes Kalman, 795 Fernwood;Road; Joel M.Kahnan, 795 Femwood Road; Michael Kahn, 881 Ocean Drive; Michael King, 745 Femwood Road; Carl Runge, 735 Femwood Road;. Don Singer, 100Suh ise Drive and Pat Weinman, 940 Mariner Drive addressed the Council. The Mayor closed the public hearing. There was extensivediscussion from Council regarding this ordinance. The ordinance was adopted on firstreading by a 6-0 roll call. The vote was as follows: Councilmembers Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk announced the second reading on February 25, 2003. 5. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEYBISCAYNE, FLORIDA; APPROVING A RECOMMENDATION FROM A CITIZENS COMMITTEE RELATING T O T HE S ELECTION O F A C-ONSTRUCTION PROGRAM M ANAGER (OWNER'S REPRESENTATIVE) TO ASSIST THE VILLAGE IN THE CONSTRUCTION OF THE COMMUNITY CENTER; DIRECTING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH SKYLINE MANAGEMENT GROUP, INC.; PROVIDING FOR AN EFFECTIVE DATE. 2 of 4. January 28, 2003 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Vernon. The Manager addressed the Council regarding this resolution. Barry Goldmeir, 1000 Mariner Drive, Conunittee Member, addressed the Council. The Attorney and Director Kurlancheek addressed the Council regarding this resolution. Alberto G. Ribas, Agroup, Inc. and Paul Abbott, Skyline Management Group, Inc. addressed the Council. The resolution was 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. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEYBISCAYNE, FLORIDA; ESTABLISHING A CRANDON BOULEVARD STREETSCAPE ADVISORY COMMITTEE ,,� eFASS,,T1NG FT�TEJN rrrr nrarn�u RESOLUTION 2002-50. SUPERCEDING CouncihnemberFried made a motion to approve the resolution. The motion was seconded by Mayor Oldakowski. Patricia Romano, 3611Ridgewood Road addressed the Council. It was the consensus of Council to amend the resolution by striking the words "for purposes of assisting staff in the preparation of a new zoning ordinance for the entire Village", from the resolution title. The resolution was 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. 6. REPORTS AND RECOMMENDATIONS: The following items were submitted: Mayor and Councilmembers. The Mayor addressed the Council regarding the nominations for the Crandon Beautification Committee, the Citizen Advisory Committee to review the Noise Ordinance and the Art in Public Places Committee. 3 of 4 January 28, 2003 Councilmember Vernon made a motion to accept the nominations as submitted. The motion was seconded by Councilmember Fried 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. Village Attorney. The Attorney addressed the Council requesting an Executive Session dealing with pending litigation front former Mayor Festa regarding the sewer project. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager did not submit a' report. 7 OTHERBUSINESS/GENERAL DISCUSSION: There was no further business discussed. 8. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 9. ADJOURNMENT; The meeting was adjourned at 9:40 p.m. Res Conchita IL Alvarez,; CMC, ,..., Village Clerk Approved this 11th day of :Februarv, 2003: Robert Oldakowski Mayor IF A PERSONDECIDES TO APPEAL ANYDECISIONMADE BYTHE VILLAGE COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO E NSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4of4. MINUTES GOALS AND OBJECTIVES WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 21, 2003 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:10 p.m. Present were Councilmembers Martha F. Broucek, Carol Diaz -Castro, Mortimer Fried, James L. Peters, Robert L. Vernon, Vice Mayor Jorge R Mendia and Mayor Robert Oldakowski. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez, and Village Attorney Stephen P. Helfman. The purpose of the meeting was to discuss the Goals and Objectives of the Village Council. The following staff was also present: Assistant Manager, Ana de Varona, Director of Building, Zoning and Planning Jud Kurlancheek, Chief ofFi'reRescue John C. Gilbert, Chief of Police Michael J. Flaherty, Public Works Director Armando Nunez, Recreation Director Todd Hofferbeith and Finance Department Director Randolph White. After extensive discussion and by consensus, the Council recommended the following goals and objectives: 1 of January 21, 2003 I Top Priority A. Quality Infrastructure and Village Buildings: Better Services for Citizens • Completion of Community Center • Redesign of Crandon Boulevard • Redesign of Harbor Drive • Crandon Boulevard Beautification • Sewers/Water Pipes • Synchronization of Crandon Boulevard traffic lights • Testing:Progratn for Water • West,Mashta.Drive"Sidewalks (North, side) • Beach Renourishment B. Safe Community for Residents: Residents Feeling Safe and Secure • School Traffic/Strippingof Street • More Police Presence • Village 911 System • Fire Department POrformance Evaluation • Control of] et Skiff, • Pedestrian Crossing light at Enid and Crandon. • Westwood Traffic alnring C. Financially Sound Village Government: Providing Citizen Oriented Services • Maintain or Reduce Millage.Rate • Pursue All Posslle Grants • Maintain Level ofService • Maintain High Quality of Village Employees • Adequacy of Reserves Including Working Capital Reserves • Adequacy of Emergency Reserves • Bed Tax • Budget Control • Adopting Standards to monitor finances 2 of 4 January 21, 2003 D. Beautiful Attractive Community • Crandon Boulevard Beautification • Bus Service/Shuttle Service • Pedestrian/Golf Cart Access to Femwood Road • Zoning Aesthetics Standards for Commercial Property • Revisit Zoning Code Leisure Opportunities for all Residents Playing Fields Land Acquisition • Lighting of the Village Green • Look at Adjacent Properties (Crandon Park) Interiocal Agreement with City of Miami Swimming Program • Programming on Village Green • Sailing Program • PEG Channel (Channel 17) F. Strong Sense of Community: Valuing Our Diversity, Bringing People Together • Quarterly Newsletter II High Priority A. Quality Infrastructure and Village Buildings: Better Services for Citizens • Street Lighting B. Beautiful Attractive Community • Creating New Independent Code from Miami -Dade County Leisure Opportunities for all Residents Passive Green Space Strong Sense of Community: Valuing Our Diversity, Bringing People Together • Use of Village Wide Surveys 3 of 4 January 21, 2003 III Low Priority A. Quality Infrastructure and Village Buildings: Better Services for Citizens • Storage Facility/Yard for Public Works • Underground Utilities • Septic Tank Utilities The following residents addressed the Council: Ed Meyer, 100 Sunrise Drive; Bonnie Cooper, 77 Crandon Boulevard; Henny Groschel-Becker, 290 West Mashta Drive; Andy Gordon, 269 CranwoodDrive; Luis Felipe de la Cruz, 640 Allendale Drive; Conchita Sorno 600 Grapetree Drive; Eileen Senatore, 1121- Crandon Boulevard; Maria Fletcher, 204 Westwood Drive; Glenn Waldman,., president of the Rey Biscayne Athletic Club; Steve Simon, 355 Harbor, Lane; Luis Arrondo, 350 Grapetree Drive; Ana Brennan, 465 Harbor Drive; Patricia Romano, 361iRidgt wood Road and Bill Thompson, 300 Ridgewood Road. By consensus, the Council directed the Manager to submita final draft of the 2003 Goals and Objectives with any recommendations orsuggestions that the, Manager might have.. There being no further business, the meeting was adjourned at 10;15 p.m. Re ' i e • fully submitted:' onchita H. Alvarez, CMC Village Clerk. Approved this 28th day ofHanuary , 2003: CcLu,(,vi 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 TIfF'TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL 15 TO BE BASED: 4 of 4. MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 14, 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 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 11. Alvarez and Village Attorney Stephen J. Helfman. 2. INVOCATION: Rabbi Melvin Glazer, Congregation Beth David, Reverend Father Jose Luis Hernando, Saint Agnes Church, Reverend David Moran, Key Biscayne Presbyterian Church and Father Gabriel Sinisi, Saint Christopher's by the Sea gave an invocation. PLEDGE OF ALLEGIANCE: Mr. Andrew Lemke led the Pledge of Allegiance. SPECIAL PRESENTATIONS: There were no special presentations. 5. PUBLIC COMMENTS: There were no residents signed up for public comments. 6. AGENDA: There were no agenda changes. 7. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the December 10, 2002Regular 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, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. 1 of January 14, 2003 8. ORDINANCES: The Clerk read the following, ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY B ISCAYNE, FLORIDA, AMENDING SECTION 30-102 "GU GOVERNMENT USE DISTRICT" RELATING TO DEVELOPMENT STANDARDS AND PROCEDURES FOR GOVERNMENTAL USES; AMENDING SECTION 30-108 "PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FORINCLUSIONIN THE VILLAGE CODE; PROVIDING FORAN EFFECTIVE DATE, Mayor Oldakowski made a motion to adopt the ordinance on first reatling. The motion was seconded by Councllmember Broucek. • The Attorney and JudKnrlancheelc, DirectarofBuilding, Zoning and Planning 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: CounciImembers Broucek, Diaz -Castro; Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. - The Clerk announced the second reading. on February 11, 2003. 9 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; AUTHORIZING VILLAGE MANAGER TO PURCHASE EQUIPMENT, TO -WIT:'' ONE BOBCAT VERSAHANDLER, AS DESCRIBED IN THE MEMORANDUM OF THE VILLAGE MANAGER ATTACHED HERETO; PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Mendia. The Manager and Armando Nunez, Public Works 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. 2of4 January 14, 2003 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED' SERVICE AGREEMENT ON BEHALF OF THE VILLAGE, WITH COASTAL BUILDING MAINTENANCE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek 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: Councihnembers;Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor 1Vlendia and Mayor Oldakowski voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Broucek addressed the Council regarding a request from the Mashta Island Association Inc. with respect to fishing on Mashta Bridge. Max Puyanic, President, Mashta Island Association, addressed the Council regarding this issue. 4i • The Attorney, the Manager and Michael J. Flaherty, Chief of Police addressed the Council regarding this issue. It was the consensus of Council to look into this issue and report back to Council. Councilmembers Diaz -Castro and Vernon addressed the Council regarding Section 5.01. Elections from the Charter of the Village of Key Biscayne. There was extensive discussion from Council regarding this issue. The Attorney; Manager and the Clerk addressed the Council regarding this issue. It was the consensus of Council to direct staff to work with the Miami -Dade Elections Department regarding the problems encountered at the November 5, 2002 and report to Council within 60 days. Mayor Oldakowski addressed the Council giving an update on the appointment of various Committees. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. 3of4'- Village Manager. The Manager addressed the Council providing them wi analysis of the Building, Zoning and Planning Department: Jud Kurlancheek, Director of Building, Zoningarid Planning addres The Manager reported on the progress of the Connnxiuity Center. 11. OTIIERBUSINESS/GENERA, DISCUSSION; There was no further business discussed. January 14, 2003 I a revenue and expense sed the Council: 1 " SCIIEDULE OF FUTURE ME NA INGS/EVENTS: A schedule of futur events was presented -to the Council, 13. ADJOURNMENT: The meeting was adjourned at 9:00 p.rn. R day H. Alvarez, CMC VillageClerk Approved this 28th day .ofJanuary , 2003: /to (ettaiun Robert Oldakowski Mayor IFA PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATA 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4 o4 r1