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Home My Public Portal About05-13-03 Regular Council Meeting.tifMINUTES 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 Fned, James L Peters, Robert L Vernon, Vice Mayor Jorge Mendia and Mayor Robert Oldakowski Also present were Village Manager Jacqueline R Menendez, Village Clerk Conchita H Alvarez and Village Attorney David Wolpin 2 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 May 13 2003 Ocean Dnve, Linda Brumagin,1121 Crandon Boulevard, Patncia Romano, 361 Beechwood Dnve, Anmka Akerlund-Tarajano, 200 Cypress Dnve, Michael Kelly, 395 GulfRoad, Manvi Walker, 595 Fernwood Road and Michael Kahn, 881 Ocean Dnve 6 AGENDA The Clerk requested that agenda Item 9A be substituted by the revised resolution before them, Councilmember Broucek requested the addition of a discussion regarding the Community Center Fact Sheet as Item 10A1, Councilmember Diaz -Castro and Mayor Oldakowski requested the addition of an update from the Village Manager on the permits for the Community Center as Item 10D4 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 Councilmember Fned made a motion to approve the minutes of the Apnl 22, 2003 Regular Council Meeting and the minutes for the Apnl 23, 2003 Police Workshop 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 8 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 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, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to adopt the 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 heanng Chief of Fire Rescue John C Gilbert 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, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes 2of5 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 Fned made a motion to adopt the ordinance on second reading seconded by Councilmember Peters The Mayor opened the public heanng There were no speakers present the public heanng The Manager addressed the Council regarding this ordinance The motion was 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, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes 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 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 McElhaney addressed the Council regarding this resolution 3 of May 13 2003 The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Broucek addressed the Council regarding the Fact Sheet on the Community Center sent to the registered voters Councilmember Diaz -Castro and Mayor Oldakowski addressed the Council requesting a status report on the permitting process for the Community Center Paul Abbott, Project Manager addressed the Council regarding this issue There was extensive discussion from Council regarding this issue 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 dunng the month of May 2003 recognizing the KBAC Soccer Team Under Ten Year Old Division, proclaiming the month of May 2003 as Flonda State Parks Month and proclaiming the month of October 2003 as Make a Difference Day in Key Biscayne Village Manager The Manager deferred the Crandon Park -Little Train item The Manager addressed the Council regarding the Mashta Bndge fishing permit Max Puyanic, 487 S Mashta, Carlos de la Cruz, 460 S Mashta and Camille Guething, 260 Seaview Dnve addressed the Council The Attorney addressed the Council regarding the permitting process for the bndge Councilmember Fned made a motion to direct the Attorney to draft an ordinance providing for a permitting process for the use of the Mashta Bndge 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 Yes 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 4 of 5 May 13 2003 Councilmember B roucek m ade a m otion t o p ay for t he r emainder t uition, n of c overed b y t he fellowship 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, Fned, 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 MEETINGS/EVENTS 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 submt ed / e ar 106,P Conchita H Alvarez, CMC Village Clerk Approved this 27th day of May , 2003 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, MA YNEED 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