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HomeMy Public PortalAbout2002 All.tifINDEX OF THE KEY BISCAYNE FLORIDA VILLAGE COUNCIL MINUTES 2002 Post Office Box 2235 Tallahassee, Florida 32316 1 -800 -262 -CODE MUNICIPAL CODE CORPORATION PREFACE This is a comprehensive, hierarchical index for the Village Council Minutes of Key Biscayne, Florida for the year of 2002 The creation of this index was under the responsibility and supervision of Charles Coffin, indexer and editor. The publisher is most grateful to the Village Clerk for her cooperation and assistance during the progress of the work on this index. How to Use This Index Hierarchically organized "subject indexes" are more advantageous than the more common "key word style of index" when dealing with multifaceted or recurring material such as in municipal minutes. Interrelated material and stories that develop over time may not always be worded similarly, making a one level, purely alphabetical organization problematic. By converging on your topic through subject hierarchy it is not necessary to search alphabetically for a particular word to locate your entry. Instead your entry will be located under its own appropriate related title or topic. When your entry is located it will be in a context which references all entries relevant to that topic. Distinct but closely related topics will also be found nearby, either as indexed entries or as cross references. Most of the main titles of the index represent large general ideas. Within the titles are topic headings and sub -subheadings as needed until you come upon your entry. Some of the main titles represent more specific subjects which originally began as headings under more comprehensive titles but accumulated enough material to be pulled out as titles of their own. These pull-out titles may vary from one set ofyears to another depending on the amount of material under that subject. The titles and headings within the titles are in alphabetical order. The index is in a three column format. The first column is the text which contains all subjects mentioned in the minutes. The second column is the date of the meeting in which the subject was mentioned. The third column is the page number on which the subject is first mentioned. The number preceding the page number is the Minute Book Volume number. All entries are to be assumed Adopted or Approved unless otherwise noted. There are numerous cross references throughout the index for subjects that relate to more than one title. The titles BIDS, CONTRACTS AND AGREEMENTS, ORDINANCES and RESOLUTIONS are cross index titles, as the main entries under those titles are also repeated under their subject titles, In cross indexed material, large areas of verbatim repetition may sometimes be reduced to a cross reference for the sake of space and the ease of seeing the overall structure of a title at a glance. MUNICIPAL CODE CORPORATION Tallahassee, Florida Completed March, 2003 TITLES AGREEMENTS. See: CONTRACTS AND AGREEMENTS AUDITS BIDS BOARDS AND COMMISSIONS BOATS, DOCKS AND WATERWAYS BONDS BUDGETS BUILDINGS AND ZONING COMMI'1'1 EES CONTRACTS AND AGREEMENT ELDERLY AND HANDICAPPED ELECTIONS EMPLOYEES AND PERSONNEL FINANCE FIRE DEPARTMENT INSURANCE LEASES LEGAL CONCERNS MIAMI-DADE COUNTY ORDINANCES (by title) ORGANIZATIONS PARKS AND RECREATION POLICE DEPARTMENT PROCLAMATIONS PROPERTY PUBLIC PARTICIPATION PURCHASES RESOLUTIONS (by number) RESOLUTIONS (by title) REZONING. See: BUILDINGS AND ZONING Page 1 TITLES—Cont'd. SCHOOLS STREETS AND SIDEWALKS TAXES UNITED STATES VARIANCES, NON-USE. See: BUILDINGS AND ZONING VILLAGE CHARTER VILLAGE COMPREHENSIVE PLAN VILLAGE COUNCIL VILLAGE, GREEN VIT,T AGE OFFICIALS WATER AND SEWER Page 2 2002 VILLAGE COUNCIL MINUTES Date Page A AGREEMENTS. See: CONTRACTS AND AGREEMENTS AUDITS Auditing services Rachlin, Cohen & Holtz, LLP Res. No. 2002-6 02/12/2002 3 BIDS Community Center programs survey, focus groups Bids authorized 02/12/2002 7 BOARDS AND COMMISSIONS Charter Revision Commission Appointments/Reappointments Ames, Stuart Res. No. 2002-1 01/15/2002 2 Broucek, Martha; Chairman Res. No. 2002-1 01/15/2002 2 Kahn, Michael; Vice Chairman Res. No. -2002-1 01/15/2002 2 Kelly, Michael Res. No. 2002-1 01/15/2002 2 Lauredo, Luis Res. No. 2002-1 01/15/2002 2 BOATS, DOCKS AND WATERWAYS Docks, related marine structures Regulations Ordinance 06/11/2002 2 BONDS, Capital Improvement Revenue Bonds Issuance, Series 2002 $9, 987, 551 Ordinance 10/22/2002 4 Res. No. ,2002-48 11/26/2002 2 Land Acquisition Revenue Bonds Issuance $1.5 Million Ordinance Z-04/23/2002 2 BUDGETS IT 2001-2002 Appropriations transfer Res. No. 2002-44 09/24/2002 6 INDEX Date Page BUDGETS (Coned.) FY 2002-2003. Adopted Ordinance Final millage rate adopted Res. No. 2002-43 Prd osed'inillage rateadopted Res. No. 2002-41 Public hearings. scheduled Res. No. 2002-29 Workshop BUILDINGS AND ZONING Administration/Police building Additional design services Spillis, Candela And Partners Inc. Res. o. 2002-1) (GMP) roved° dp construction authorized PP Res.„No., 2002-16 Building, Zdning, Planning Fee schedule, amended Res. No. 2002-45 Civic Center Construction management services; proposals; creating Com- mittee Res. loo. 2002-40 Phase I construction, amending Res. No. 2002-02; include telecommunications, cabling Res. No 2002-24 Phase I c enstruction, Guaranteed Maximum Price (GMP) Res. Noy 2002-2 Community Center Additional: design services Robert G. Currie, Partnership Inc. Res. gip. 2002-36A Community Recreational Center, amend agreement (GMP); James A. Cummings, Inc.; construction Res. No. 2002-47 Construct, equip Community Center Ordinance Construction Res. No. 2002-22. . .......... ._...._..._.........._ .... 09/24/2002 09/24/2002 09/10/2002 S-07/23/2002 S-06127/2002 8-02/25/2002 04/09/2002 09/24/2002 09/03/2002 Z-05/28/2002 Z-01/29/2002 Z-08/27/2002 10/22/2002 10/22/2002 05/14/2002 1 1 5 6 4 3 4 5 3 4 2002 VILLAGE COUNCIL MINUTES Date Page BUILDINGS AND ZONING (Cont'd.) Community Center (Cont'd.) Construction management services proposals; creating Commit- tee Res. No. 2002-40 09/03/2002 4 Site plan approval, public hearing scheduled Res. No. 2002-27 07/02/2002 4 Site plan development approved Res. No. 2002-31 5-07/23/2002 3 Community Recreational Center, negotiate (GMP); James A Cummings, Inc.; negotiate construction/permit plans, Robert A. Currie Partnership, Inc. Res: No: 2002-32 5-07/23/2002 4 Variances,: non-use Dasburg, John: Marylou, 4990 W. Matheson Drive, Hearing. Number RV -12 Public hearing 10/22/2002 2 Dasburg, John: Marylou, 4990 W. Matheson Drive, Hearing Number RV -13 Public hearing 10/22/2002 2 Key Biscayne CVS, Inc., 726 Crandon Boulevard, Hearing Number 1W--11 Public hearing Z-08/27/2002 2 Matheson, Finley, 480 W. Matheson Drive, Hearing Number. 1W -1r Public hearing Z-05/28/2002 1 St. Michael Property Holdings, Inc., 100 Crandon Boulevard, Hearing Number RV 06A Public hearing 07/02/2002 2 St. Michael Property Holdings, Inc., 100 Crandon Boulevard, Hearing Number SP 04A Public hearing 07/02/2002 2 TRC RE Investments, Inc., 800 Crandon Boulevard, Hearing Number Sign -02 Public hearing 03/05/2002 2 Zoning Map amendments Various properties Ordinance 04/09/2002 4 C COMMITTEES Building Review Committee Appointments/reappointments de Leon, Deborah 01/15/2002 4 3 INDEX Date Page COMMITTEES (Cont'd.) Building Review Committee (Cont'd.) Appointments/reappointments (Cont'd,) 7 - Diaz -Castro, Carol 01/15/2002 4 Easton, Ed 01/15/2002 4 Groschel-Becker, Kenny 01/15/2002 4 Harrison, Peter 01/15/2002 4 Price, Miles _... ... .:..... .......... ... „.•—•. 01/1512002 4 Appreciation Res. No. 2002-11 2 Community Center Committee Appoiritments/reappointments Aballi, Arturo 01/15/2002 6 Brennan, Ana 01/15/2002 6 Clayton, Jim ...... .,:.._... .....::.:...:• 01115/2002 6 Cole, Bill 01/1512002 6 Cooper, Bonnie (1115/2002 " 6 de la Camara, Francisco..:, ..,.,.a, ....1..:: .... , ;e 0111.5/2002- 6 de Leon, Deborah 01/15/2002 6 Diaz -Castro, Carol 01/1512002 6 Duzoglou, Robert,. 01t15120b2: 6 Goldmeir, Barry 01"11512002 6 King, Kathy 01(15/2002 ' 6 Leavitt, Jim 01/1512002 6 Libby, Bob 01/15/2b02 6 Mendia Jorge 0105/200,2; 6 Ortega, dose 0145/200 6 Perez, Rafael 01/1572602 6 ValentanefJphn 01/t5/2402 6 Vernon, Robert 01/4/2002 6 Weinman, Pat 01/i512* 6 Construction,Program Committee Appointments/reappointments Easton, Ed 10/08/2002 5 Goldnieir, Barry 10/08/2002 5 Llorente,IRaul 10/08/2002, 5 Crandon Boulevard Streetscape Advisory Committee Established Res. No. 2002-50 12/10/2002 2 Noise Ordinance Review Committee Appointments/reappointments Archambault, Clint 10/08/2002 6 Arrondo, Luis 10/08/2002` 6 03'105/2002. 2002 VILLAGE COUNCIL MINUTES Date Page COMMITTEES (Cont'd.) Noise Ordinance Review Committee (Cont'd.) Appointments/reappointments (Cont'd.) Barder, Serge Carash, Michael. Guething, Camille Penichet, Jose Pickell, Bill Rodriguez, Ramon Stefans, Mike CONTRACTS AND AGREEMENT Capital Markets, Inc. Certain lands, improvements Res. No. 2002-26 Contractors; Code of Business Ethics requirement Res. No. 2002-4 James A. Cummings, Inc. Community Recreation Center construction, agreement amend- ment Res. No. 2002-47 Key Biscayne Standard, Inc. Certain land purchase Ordinance Leisure Vision, Inc. Market research survey Res. No. 2002-14 Miami -Dade County Welosite design services Miami -Dade County Schools Sanitary sewer line installation Res. No. 2002-30 Rachlin, Cohen & Holtz, LLP Auditing services Res. No. 2002-6 Robert G. Currie, Partnership Inc. Community Center, additional design services, agreement amend- ment Res. No. 2002-36A Spills, Candela And Partners Inc. Additional design services, Administration/Police building, agree- ment amendment Res. No. 2002-10 10/08/2002 10/08/2002' 10/08/2002 10/08/2002 10/08/2002 10/08/2002 10/08/2002 S-07/01/2002 02/12/2002 10/22/2002 Z-03/19/2002 Z-03/19/2002 12/10/2002 8-07/23/2002 02/12/2002 Z-08/27/2002 6 6 6 6 6 6 6 1 5 2 4 2 3 4 5-02/25/2002 1 5 INDEX Date Page CONTRACTS AND AGREEMENT (Cont'd.) Tesaurus, Inc. Leasing land, developing site, 200 Crandon Blvd.; recreation facilities second addendum Res: No. 2002-13 03/05/2002 5 Village Manager Yearly contract 04/09/2002 6 E ELDERLY AND HANDICAPPED Senior residents, transportation Six -months trial Adopted 06/1112002 3 ELECTIONS General election results Cat tamed 11/26/2002, 4 Government access channel Usage during elections Res. No., 2002-46 10/08/2002• 4 Mail ballot procedure Special election called Res. No 2002-17 3-04/16/2002 2 Res. Nor 2002-20 S-04/30/2002, 2 Run -Off Election Results, Certified 11/26/2002 4 EMPLOYEES AND PERSONNEL Employee cost of living adjustment Established Res. No. 2002-49 11/26/2002 3 FINANCE Cheeks execution Specified persons authorized, (superseding Resolutions 99-22/ 99-23) Res. No. 2002-37 09/03/2002 2 Purchases. See also individual departments Fire Department Fire trucks (2).ordered. 11/26/2002 5 6 2002 VILLAGE COUNCIL MINUTES Date Page FINANCE (Cont'd.) Purchases. See also individual departments (Cont'd.) Fire Department (Cont'd.) Medtronic Physio-Control Lifepak 12 Sixteen (16) self contained breathing apparatus (SCBA) Supplemental furniture Police Department Equipment/furnishings Res. No. 2002-12 Supplemental furniture Supplemental video equipment Vehicles (2) Res. No. 2002-7 Sales Fire Department Fire truck, related personal property; Clay Center, Kansas Res. No. 2002-36 FIRE DEPARTMENT Purchases Fire trucks (2) ordered Medtronic Physio-Control Lifepak 12 Sixteen (16) self contained breathing apparatus (SCBA) Supplemental furniture Sales Fire truck, related personal property; Clay Center, Kansas Res. No. 2002-36 Future sale proceeds; surplus fire apparatus, support vehicles, policy establishment Res. No.2002-51 INSURANCE Police, Firefighter Officers disability benefits Funding Res No. 2002-35 L LEASES Recreational purpose fields Archdiocese of Miami, Inc. (Saint Agnes Catholic Church) Res. No. 2002-15 07/02/2002 Z-08/27/2002 Z-08/27/2002 07/02/2002 03/05/2002 07/02/2002 09/03/2002 02/12/2002 Z-08/27/2002 11/26/2002 07/02/2002 Z-08/27/2002 Z-08/27/2002 07/02/2002 Z-08/27/2002 12/10/2002 Z-08/27/2002 6 6 6 2 6 5 3 4 5 6 6 6 6 4 3 3 Z-03/19/2002 4 7 INDEX Date Page LEGAL CONCERNS Amoco Settlement payment 02/12/2002 10 Litigation styled, Gardens of Key Biscayne/Alhambra Association, Inc: Case Number 99-28280 CA 06 Res. No. 2002-28.. M MIAMI-DADE COUNTY Lease amendment Res. No. 2002-42 Miami -Dade County Commissioners Human rights ordinance, continued support 07/02/2002 5 09110/2002' Res. No. 2002-38 09/03/2002 2 Miami -Dade County Schools Joint participation agreement, sanitary sewer line installation Res. No. 2002-30 S-07/23/2002 2 Petition Miami -Dade Commissioners Municipal streets traffic control Res. No. 2002-34 Z-08/27/2002 2 Website design services Interlocal`agreement 12/10/2002 2 0 ORDINANCES (by title) Budget FY 2002-2003 First reading 09/10/2002 2 Public hearing 09/10/2002 2 Second -reading 09/24/2002 2 Public. hearing 09/24/2002 2 Capital Improvement Revenue Bonds Issuance; Series 2002, $9, 987, 551 First reading 10/08/2002 3 Public hearing 10/08/2002 3 Second reading 10/22/2002 3 Public hearing 10/22/2002 3 Construct, equip Community Center First reading 10/08/2002 2 Public hearing 10/08/2002 2 Second reading 10/22/2002 3 Public hearing; 10/22/2002 3 2002 VILLAGE COUNCIL MINUTES Date Page ORDINANCES (by title) (Cont'd.) Key Biscayne Standard, Inc., certain land purchase; contract authorized First reading 03/05/2002 3 Second reading Z-03/19/2002 2 Land Acquisition Revenue Bonds Issuance *1.5 Million First reading Z-03/19/2002 3 Second reading Z-04/23/2002 2 Public hearing Z-04/23/2002 2 Village Charter amendments Section 2.07; Compensation First reading S-04/16/2002 1 Public hearing 8-04/16/2002 2 Second reading S-04/30/2002 1 Public hearing S-04/30/2002 2 Village Code amendments Chapter 2; Administration First reading 05/14/2002 2 Public hearing 05/14/2002 2 06/11/2002 2 Chapter 19; Park Rules and Regulations, Creating section 19-17 Restrictions First reading 09/03/2002 2 Public hearing 09/03/2002 3 Chapter 28; Retirement, Section 23-28; Disability First reading 07/02/2002 3 Public hearing 07/02/2002 3 Second reading Z-08/27/2002 3 Public hearing Z-08/27/2002 3 Chapter 28; Taxation, Article II, Section 25-31; Occupational License Tax Schedule First readiiig 09/24/2002 5 Public hearing 09/24/2002 5 Second reading 10/08/2002 3 Public hearing 10/08/2002 3 Chapter 30; Sections 30-11, 30-197; Chapter 26, Section 26-23; Golf carts First reading Z-04/23/2002 1 Public hearing 04/23/2002 1 Second reading Z-05/28/2002 4 Public hearing Z-05/28/2002 4 9 INDEX Date Page ORDINANCES (by title) (Coned.) Village Code amendments.(Cont'd.) Section 30-100(0(3); Zoning, Land Development Regulations; Docks, related marine structures First reading Z-05/28/2002 3 Public hearing 05/28/2002 1 Second reading 06/11/2002 2 •Public hearing 06/11/2002 2 Zoning Mali amendments, various properties Firstreading Z-03/19/2002 2 Public hearing - Z-03/19/2002 2 Second reading 04/09/2002,, 4 ORGANIZATJONS `,, Miami DAII:eague of Cities Peters, James Representative 12/10/2002 4 P PARKS AND RECREATION Playing fields construction, 200 Crandon Boulevard Bids waived Res. No. 2002-3 Z-01/29/2002 4 POLICE DEPARTMENT Heart disease, hypertension presumption Law enforcement officers, recognized Res. No:. 2002-8 02/12/2002 5 National, Police Week Recognition Res. .No. 2002-23 05/14/2002 2 Purchases Equipment/furnishings Res. No. 2002-12 03/05/2002 2 Supplemental furniture 07/02/2002 6 Vehicles (2) Res. No. 2002-7 . 02/12/2002 3 PROCLAMATIONS 200 Club of Miami 02/12/2002 1 2001 Winterfest Committee 02/12/2002 1 2002 Winterfest Boat Parade Committee 12/10/2002 1 Always Remember 9-11 Day 09/03/2002 5 Bill Croysdale Day 05/14/2002 5 10 i 2002 VILLAGE COUNCIL MINUTES Date Page PROCLAMATIONS (Cont'd.) Chief R. D. Paulison Day 01/15/2002, 7 Civility Month 05/14/2002 5 Cuba's Centennial Commemorative Day 06/11/2002-- 4 Dance Marathon Day 04/09/2002 ` 7 Darlene Mooney Day 06/11/2002 4 Days of Remembrance Week 04/09/2002 7 Dr. H. Wells Singleton Day 11/26/2002 ' 5 Emergency Medical Services Week 05/14/2002 5 Fair Housing Month 04/09/2002 7 Gustavo A Barreiro Day Z-08/27/2002 5 International Day of Peace 10/08/2002 6 Key Biscayne Community Church,50th Anniversary 02/12/2002 9 National Epilepsy Awareness Month 11/26/2002 ` 5 National. Library Week 05/14/2002 5 Officer Theodore Zorsky family 02/12/2002 1 Poppy Week 05/14/2002 1 St, Agnes Parish, Parish dedication 02/12/2002 ` 9 World Population Awareness Week Z-08/27/2002 5 Zorsky family contributions Harrison, Don 02/12/2002 9 Hialeah Police Department 02/12/2002 9 Hollywood Police Department 02/12/2002 9 Pinecrest Police Department 02/12/2002 9 Revitz, Mark 02/12/2002 9 Salinas, Lissete 02/12/2002 9 South Miami Police Department 02/12/2002 9 PROPERTY Certain land purchase Key Biscayne Standard, Inc. Ordinance Z-03/19/2002' 2 Certain lands, improvements; purchase, sales agreement Capital Markets, Inc. Res. No. 2002-26 S-07/01/2002 1 Land acquisition Negotiations Citgo Gas Station S-06/17/2002 Property acquisition Res. No. 2002-25 Surplus personalproperty declaration Procedure established Res. No. 2002-52 12/10/2002 3 S-06/17/2002 1 11 INDEX Date PUBLIC PARTICIPATION Aballi,Arturo, Addressed Council 04109/2002 4 Capital Improvement Revenue Bonds Issuance 10/08/2002 3 Charter amendment comments. 04/16/2002'' 7 Civic Center Review Committee comments 01/15/2002 4 Community. Center Committee comments . ....... ....... ,' 01/15/2002;:: 6 Community. Center site plan. comments 07/02/2002 4 Community Center site .plan development resolution.. .5-07/23/2002° 4 Commvnity"Center workshop discussion W-06/11/2002 2 Construct,. equip Community Center 10/08/2002" 2 Constrict„equip Community Center Ordinance. .............. * 10/22/20021 3 Goals. and Objectives ...,,..................q..... . .. . . . ..... .... : W-07/4,6/2' 5 a 03/05/2002" . 6 Page Lease agreement comments .. Abbo. Robert Welisite comments J1:2/l0I20D2 Aguila toe, Res a wouclomments 5-07/23/200 4 Akerlit orlano Budge yCoi foments 09/24/2002 2 09/10/2002 ; 2 09/24/2002, 2 MiIinge rate„comments Alvare Add Council 11/26/2002; 1 Conic k Ceenter site plan comments 07/02/2002 4 Comm Center workshop discussion W-06/11/2902 2 . ` 2/2002] Con � qmp Community Center Ordinance . ........... 3 Arrondo 10/ 2 a-; 2 Community Center site plan development resolution 5-07/23/2002x' 3 Birder, Serge Noise ordinance review Z-08/27/2002 5 Borroto, x Ile Budget Comments 09/10/2002 4 Brito, Leo Website comments ....... 12/10/2002 2 Brody, Sally Addressed Council 06/11/2002 5 Bunnell, Richard Land development regulations; Docks, other structures ..., Z-01/29/2002 2 Cabrera, Qlando Hearing .Number RV -11 comments Z-08/27/2002 2 Cambo, Roberto Multi tenant sign package comments Z-01/29/2002 2 12 2002 VILLAGECOUNCIL MINUTES Date Page PUBLIC PARTICIPATION (Coned.) Cavallo, Ann Addressed Council 01/15/2002 2 Chediak, Nat Budget comments 09/10/2002 4 Chitwood, Rick Budget comments 09/10/2002 4 Cole, Bill Construct, equip Community Center Ordinance 10/22/2002 3 Golf cart ordinance Z-04/23/2002 2 Cooper, Bonnie Capital Improvement Revenue Bonds Issuance 10/22/2002 4 11/26/2002 2 Community Center site plan comments ............. 07/02/2002 4 Community Center site plan development resolution .. 5-07/23/2002 3 Construct, equip Community Center 10/08/2002 2 Lease agreement comments 03/05/2002 6 Performing arts theater comments 06/11/2002 5 09/03/2002 5 Cooper, Sidney ; Community Center site plan development resolution' 5-07/23/2002 3 Goals and Objectives W-07/16/2002 5 Mail ballot resolution comments S-04/16/2002 2 Zoning Map amendments, various properties 04/09/2002" 5 Corradino, Joseph Community Center parking 06/11/2002 2 Coto, Carlos Community Center site plan comments 07/02/2002 4 FY 2002-2003 Proposed Budget workshop 5-06/2712002 2 Currie, Robert Community Center plan 06/11/2002 2 Dates, Hugh Yacht Club curbing problem Z-08/27/2002 3 Davitian, Linda Addressed Council 01/15/2002 1 01/29/2002 3 FY 2002-2003 Proposed Budget workshop 8-06/27/2002 2 Resolution comments Z-01129/2002. 3 Sanitary Sewer comments 02/12/2002 4 Diaz -Castro, Carol 2002 Goals, Objectives resolution 09/03/2002,. 4 13 INDEX PUBLIC PARTICIPATION (Cont'd.) Diaz -Castro, Carol (Coned.) Addressed Council . .... Budget comments Capital Improvement Revenue Bonds Issuance .. Citgo Gas Station acquisition Civic Center Review Committee comments..,.... Community Center site plan comments Community Center site plan development resolution Community Center workshop discussion Construct, equip Community Center Government access channel use during elections....... Harbor Drive traffic concerns Performing ,arts theater comments: Resolution comments Zoning Map amendments, various properties ..... .,.. Ettman, David Land development regulations Docks, other structures .... Feeney, Dan Budget comments Goals and Objectives Feldman, Shirley Capital Improvement Revenue Bonds Issuance Community Center site plan development resolution Pests, John Addressed Council Administration, Finance Departments budget comments ....... Budget comments Capital Improvement Revenue Bonds Issuance Charter, amendment comments Citga Ggs:Station acquisition Compensation ordinance comments Construct,. equip Community Center Ordinance Date Page 01/15/2002 2 01/29/2002 3 04/09/2002 4 06/1112002. 5 07/02/2002, 1 09110/2002 4 1O/08/2002 3 S-06/17/2002 1 01/15/2002, 4 07/02/2002 4 S-07/23/2002 4 W-06/11/2002 2 10/08/2002 2 10/0SI20i2 ` 4 02/12/2 4 09/03/2002 5 02/12/2002 6 5-07/212002- 4 Z-01/29/2002 3 03/1'0/200.. 2 04/,09/2AO2s 5 s. , 0129/2002 Z-01/2 2 * 09/1& 002, W-0711&&O02'ti: 2 2 4 5 10/yy221 2`, 4 S-071314(* ..` 3 07/02/2002 ^ 1 09/03/2002'' 1 09/Z4✓200 2 09/10/2002 4 09/24/2002 2 10/22/2002 4 04116/2d02+ 7 S-06/17/21)'024 1 S-04/16/2002 2 10/22/200'2 3 14 2002 VILLAGE COUNCIL MINUTES Date Page PUBLIC PARTICIPATION (Gerald.) Festa, John (Cont'd.) Mail ballot resolution comments S-04/16/2002 2 3 Millage rate comments 09/10/2002 2 Recreation Department budget comments 09/24/2002 2 Virginia Key zoning changes 10/22/2002 6 Gambino, Isabel Addressed Council 01/15/2002 1 02/12/2002 2 Garmendia, Diana Community Center site plan development resolution S-07/23/2002 3 Goldmeir, Barry Capital Improvement Revenue Bonds Issuance 10/22/2002 4 Committee appointments comments 10/08/2002 5 Community Center site plan comments 07/02/2002 4 Community Center site plan development resolution S-07123/2002 4 Commnnity`Center workshop discussion W-06/11/2002 2 Construct, equip Community Center Ordinance 10/22/2002 3 Government access channel use during elections 10/08/2002 4 Gordon, Andrew Capital Improvement Revenue Bonds Issuance 10/08/2002 3 Civic Center Review Committee comments 01/15/2002 3 Community Center construction remarks 05/14/2002 4 CommunityCenter site plan comments 07/02/2002 4 Community Center workshop discussion W-06/11/2002 2 Construct, equip Community Center 10/08/2002 2 Government access channel use during elections 10/08/2002 4 Millage rate comments 09/10/2002 2 Zoning Map amendments, various properties Z-03/1912002 2 Gregorie, Richard Addressed Council 01/15/2002 1 01/29/2002 3 Community Center site plan development resolution 5-07/23/2002 3 Community Center workshop discussion W-06/11/2002 2 Mail ballot resolution comments 3-04/16/2002 3 Resolution comments Z-01/29/2002 3 Groschel-Becker, Henny 2002 Goals, Objectives resolution 09/03/2002 4 Addressed Council 10/08/2002 1 11/26/2002 1 Budget comments 09/24/2002 2 Civic Center Review Committee comments 01/15/2002 3 15 INDEX Date Page PUBLIC PARTICIPATION (Coned.) Groschel-Becker, Henny (Cont'd.) Community Center resolution comments Community Center site plan development resolution Construct, equip Community Center Ordinance ......., Harbor pride traffic concerns School resolution Guething, Camille Addressed'Council Budget comments Capital Improvement Revenue Bonds Issuance Citgo Gas Station acquisition Civic Center Review Committee comments....,.. ; ....:. Community Center site plan development resolution ... Community Center workshop discussion.... , ..... Construct, equip Community Center Ordinance . Zoning Maps amendments, various properties Hernandez; Yolanda Addressed Council Hicks, Basha. ; Construct, e'i ip Community Center Hodges, Richard Zoning Map amendments, various properties Hope, Keit}'" Zoning Map amendments, various properties 04109/2002 5 Kahn, Michael Capital Improvement Revenue Bonds Issuance 3 09/03/2002 4 S-07/23/2002 3 10/22/2002 3 02/12/2002 4 07/23/2002 2 01/15/2002 1 04/09/2002 4 07/02/2002 1 09/24/2002 2 10/08/2002 3 S-06117/2002 1 01/15/2002, 3 S-07/23/2002 3 W -06/1t12002 2 10/22/2002 ;,' 3 03/1W/2002r 2 04/002002' 5 Charter amendment comments Construct, equip, Community Center Construct, equip Community Center Ordinance Fernwood Road rezoning Government access channel use during elections Land purchase Mail ballot comments Senior residents, transportation; six -months trial Village Code amendments, Chapter 2; Administration.,.:.:.... 16 O'i/15/2602{' 1 10/08%2002'.' 2 O3f19/2002;' 2 10/03/2002 10/22/2002 4 11/26/2002 ' 2 04/16/2002 7 10/03/2002 2 10/22/2002 3 06/11/2002,. 4 10/08/2002: 4 S-07/01/2,002 2 S-04/16/2002 3 06/11/2002 3 06/11/2002 ' 2 2002 VILLAGE COUNCIL MINUTES Date Page PUBLIC PARTICIPATION (Confd.) Kelly, Michael Addressed Council 01/15/2002 1 04/09/2002 4 Civic Center Review Committee comments 01/15/2002 4 Community Center site plan comments 07/02/2002 4 Community Center site plan development resolution S-07/23/2002 3 Construct, equip Community Center 10/08/2002 2 Construct, equip Community Center Ordinance 10/22/2002 3 King, Kathy Addressed Council 01/15/2002 2 Civic Center Review Committee comments 01/15/2002 3 Community Center site plan comments 07/02/2002 4 Fernwood Road rezoning 06/11/2002 4 Z-08/27/2002 5 Krupnick, Susan Addressed Council 02/12/2002' 2 06/11/2002 5 Community Center workshop discussion W-06/11/2002 2 Public Information Officer comments 02/12/2002 7 Village Code amendments, Chapter 2; Administration 06/1112002 2 Lanciault, Michael Civic Center construction 06/11/2002 2 Larson, Glen Docks, marine structures ordinance Z-05/28/2002 3 Laurendo, Luis Mail ballot comments 5-04/16/2002 3 Leavitt, Jim Community Center Committee comments 01/15/2002 6 Community Center site plan comments 07/02/2002 4 Community Center site plan development resolution 5-07/23/2002 3 Construct, equip Community Center Ordinance 10/22/2002 3 Leavitz, Jim Addressed Council 01/15/2002 2 Civic Center Review Committee. comments 01/15/2002 3 Community Center workshop discussion W-06/11/2002 2 Performing, arts theater comments 09/03/2002 5 Levin, Marilyn Addressed Council 03/05/2002 6 Libby, Bob r , Lease agreement comments 03/05/2002 6 04/09/2002 4 Z-05/28/2002 1 17 INDEX Date Page PUBLIC PARTICIPATION (Cont'd.) Lopez -Blanco, Cory Construct, equip Community Center Ordinance Lyman, Scott Addressed Council Maggs, Robert Construct, equip Community Center Land, purchase Manta, Linda, Hearing• Number Sign -02 comments Multi ternant,sign package comments Mania; Wayne Hearing` Number RV -11 comments Multiten, an't sign package comments Marti, Jose- Budget comments Matheson,+ F i'nley Docks, Amine structures ordinance Mendez d0, Ruiz,.JFosefina Addressvl.,Cosncil Mendia, Arta n;'` Addressed Council 01/15/2002 Communitneenter site plan development resolution ...... S-07/23/2002 `- Community Center workshop discussion W-06/1712002• Construct,',equipCommunity Center 10/08/2002' Construct, equip Community Center Ordinance 10/22/2002 3 Goverathent:access channel use during elections .... 10/08/2002 4 Mesa, Bianca Addressed<!,Council 01/29/2002 3 Community Center resolution comments ........ 09/03/2002 4 Commrnity=Center workshop discussion.................. W-06/1]/2002-` 2 Millage ratt comments 09/10/2002 2 Ordinance comments 09/03/2002 3 Resolution comments Z-01/29/2002. 3 Zoning Maps amendments, various properties . Z-03/19/2002 2 Meyer, Edq; Addressed` Council 10/22/2002 01/15/2002 3 2 10/0812002 2 S-07/0112002 2 03/05/2002r 3 Z -01J29/2002 , < 2 Z-08/27/2002 2 Z-01/29/2002.' 2 Administration, Finance Departments budget comments Budget comments Bus shelter construction resolution Civic Center Review CommiLLee comments 09/10/2002 4 Z-05/28/2002 3 01/15/2002 1 01/15/2002 09/03/2002: 11/2612002 09/24/2002 09/10/2002 R 3 Z-04/23/2002 4 01/15/2002 3 1 3 2 2 1 5 1 2 18 11 2002 VILLAGE COUNCIL MINUTES Date Page PUBLIC PARTICIPATION (Coned.) Meyer, Ed (Contd.) Community Center programs survey, focus groups 02/12/2002 8 Community Center site plan development resolution S-07/23/2002 3 Community Center workshop discussion W-06/11/2002 2 Compensation ordinance comments S-04/16/2002 2 FY 2002-2003 Budget workshop 09/24/2002 1 S-06/27/2002 2 Goals and Objectives W-07/16/2002 5 Golf cart ordinance Z-04/23/2002 2 Land development regulations; Docks, other structures 01/29/2002 2 Performing arts theater comments -09/03/2002 5 Recreation Department budget comments 09/24/2002 2 Village Code amendment comments 05/14/2002 2 Miller, Mabel Addressed Council 11/26/2002 - 1 Olmedillo, Guillermo Community Center options (7) 07/02/2002 4 olmore, Stephen Website comments 12/10/2002 2 O'Reilly, Hugh Addressed Council 01/15/2002 1 Perez, Rafael Addressed Council 11/29/2002 3 Civic Center Review Committee comments 01/15/2002 4 Community Center Committee comments 01/15/2002 6 Community Center site plan comments 07/02/2002 4 Millage rate comments 09/10/2002 2 Resolution comments Z-01/29/2002 - 3 Picaza, Jorge Goals and Objectives W-07/16/2002! 5 Pulver, Lance Construct, equip Commuuity Center 10/08/2002 2 Radzville, Larry Community Center site plandevelopment resolution 8-07/23/2002 3 Construct, equip Community Center Ordinance 10/22/2002 3 Golf cart trolley service 03/05/2002 6 Senior residents, transportation; six -months trial; 06/11/2002 3 Rice, Donna Community Center site plan development resolution S-07/23/2002 3 Romano, Patricia Community Center site plan comments 07/02/2002 4 Community Center site plan development resolution S-07/23/2002 3 19 INDEX Date Page PUBLIC PARTICIPATION (Cont'd.) Romano, Patricia (Cont'd.) Community Center workshop discussion Golf cart ordinance Performing acts theater comments Rosser, John Addressed Council Runge, Carl , t, MiRagerate comments Sanchez; Cecilek Community Center site plan comments ......... ............... FY 2002:-2003=Proposed Budget workshop ..... , . ...... . .. Goals l;Opj'ectives Sanchez-Volny, Jacqueline Addressed Council Community Center site plan development resolution Sawyer, Ed v lad Addressed` Council Simon,,Steve Community Center site plan development resolution Simon R. y Addressed Council. Zoning Map amendments, various properties Sonnabend; Steve Civic. CenterGenttr Review Committee comments Conardunity Center site plan development resolution Steffens,Vike." Noise ordinance review Suarez, Conchita Zoning Map amendments, various properties Swindell, Jay` Community Center site plan comments Construct, equip Community Center Ordinance Fernwood Road rezoning Taintor, Jim' Addressed' Council W -06/1I/2002 Z-04/23/2002 Z-05/28/2002 09/03/2002 Budget comments 20 2 2 4 5 05/14/2002 2 09/10/2002 2 '07/02/2002 4 S-06/Y7,t2002 2 W -07/16F2002 5 01/1572002 2 8-07/23/2002 3 03/05/2002' 4 S-07/233/20024 3 03/15/2002 2 03/05/2002 1 03/19/2002 '' ' 2 01/15/2002 S-07/23/2002 '; 3 Z-08/27/2002° ' 03/19/2002' 07/02/2002' 10/22/2002 Z-08/27/2002' 01/29/2002 02/1212002 07/02/2002 ' 09/03/2002 11/26/2002 09/24/2002'' 3 4 3 5 3 2 1 1 1 2 2002 VILLAGE COUNCIL MINUTES Date Page PUBLIC PARTICIPATION (Coned.) Taintor, Jim (Coned.) Bus shelter construction resolution Z-04/23/2002 4 Capital Improvement Revenue Bonds Issuance 10/08/2002 3 Civic Center Review Committee comments 01/15/2002 3 Community Center construction remarks 05/14/2002 4 Community Center site plan comments 07/02/2002 4 Community Center site plan development resolution • 8-07/23/2002 3 Community Center workshop discussion W-06/11/2002 2 Construct, equip Community Center Ordinance 10/22/2002 3 Docks, marine structures ordinance 06/11/2002 2 Z-05/28/2002 3 Golf cart ordinance Z-04/23/2002 2 Z-05/28/2002 -- 4 Government access channel use during elections 10/08/2002 4 Harbor Drive traffic concerns 02/12/2002 4 Hearing Number RV -11 comments Z-08/27/2002 2 Hearing Number RV -12 comments... 10/22/2002 2 Hearing Number RV -13 comments 10/22/2002 2 Land development regulations; Docks, other structures Z-01/29/2002 2 Resolution comments 02/12/2002 6 S-07/23/2002 4 Z-01/29/2002 3 Zoning Map amendments, various properties 01/29/2002 2 03/19/2002 2 Tataronis, Mary Community Center site plan development resolution 8-07/23/2002 3 Tatham, Christopher Community Center survey results 06/1112002 2 Ullman, Johathan Zoning Map amendments, various properties Z-03/19/2002 2 Vernon, Robert Capital Improvement Revenue Bonds Issuance 10/08/2002 3 Community Center workshop discussion W-06/11/2002 2 Construct, equip Community Center ...._.,_•... •... 10/08/2002 2 Villa, Patricia Golfcart' ordinance Z-04/23/2002 2 Z-05/28/2002 4 Walker,Marivi Millage rate comments 09/10/2002 2 21 INDEX Date Page PUBLIC PARTICIPATION (Cont'd.) Weinman, Pat Addressed Council Budget comments ....................... ... . .... . Civic Center Review Committee comments Community Center Committee comments ..:,,fr.....,.; Comnwniity Center construction remarks ,,,.: Construct, equ'ip Community Center. , :. . .,.,.' Constrict; equip Community Center Ordinance Public'lii%rniation Officer comments. ...., " ... .b RecreatitniDepartment budget comments Villpge Code.at endment comments White, Bob Golf cart trolley service PURCHASES Departmen`tat See individual departments Non dep art' mental, See: FINANCE RESOLUTIONS,i y number) Res. No. 20021 Charter Revision Commission, member appointments Res. No.'2002- Civic Cenha base I eo (CMP7 Res. No. 2n02-3 Playing fields construction, 200 Crandon Boulevard, bids waived Res. Na 200'8-4„ Contractors; Code of Business Ethics requirement Res. No. 200235 Donation, United States Drug Enforcement Administration survavinglamilies Res. No. 2002-6 Auditing services agreement, Rachh'n, Cohen & Holtz, LLP, Res. No. 2002-7 Police vehicles (2), purchase authorized Res. No. 2002-8 , Heart disease, hypertension presumption; law enforcement officers, recognized struction, Guaranteed Maximum Price 22 01/15/2002 1 04/09/2602 4 06/11/2002 5 09/24/2002 2 01/15/2002 3 01/15/2002 6 05/14/2002 4 10/08/2002 2 16/22/2002 3 02/12/2002 7 09/24/2002 2 0'511412002 2 03/0572002 01/15/2002, Z-01129/2002 Z-01/29/2002 02/12/2002 02/12/2002 02112/2002 02/12/2002 02/12/2002 6 2 3 4 3 3 3 2002 VILLAGE COUNCIL MINUTES RESOLUTIONS (by number) (Coned.) Res. No. 2002-9 Civic Center Phase 2 construction, Guaranteed Maximum Price (GMP) Res. No. 2002-10 Spillis, Candela And Partners Inc., additional design services; Administration/Police building agreement amendment .... 5-02/25/2002 1 Res. No. 2002-11 Building Review Committee appreciation 03/05/2002 2 Res. No. 2002-12 Police Equipment/furnishings purchase; Federal Asset Sharing Revenue use 03/05/2002 2 Res. No. 2002-I3 Land lease, developing site, 200 Crandon Blvd.; recreation facilities, Tesaurus, Inc. agreement, second addendum 03/05/2002 5 Res. No. 2002-14 Market research survey, contract award; Leisure Vision, Inc Z-03/19/2002 4 Res. No. 2002-15 Recreational purpose fields, lease agreement; Archdiocese of Miami, Inc. (Saint Agnes Catholic Church) Z-03/19/2002 4 Res. No. 2002-16 Administration/Police building, (GMP) approved, construction, authorized 04/09/2002 5 Res. No. 2002-17 Village Charter amendment, mail ballot procedure, special election called S-04/16/2002- 2 Res. No. 2002-18 Sanitary Sewer improvement project Z-04/23/2002 3 Res. No. 2002-19 Bus shelter construction, Crandon Boulevard Z-04/23/2002 3 Res. No. 2002-20 Village Charter amendment, mail ballot procedure, special election called S-04/30/2002 2 Res. No. 2002-21 Village Charter amendment, mail ballot procedure, special election called; repealing, superseding Res. No. 2002-17 S-04130/2002 3 Res. No. 2002-22 Community Center construction 05/14/2002 4 Res. No. 2002-23 National Police Week recognition 05/14/2002 2 Res. No. 2002-24 Civic Center Phase I construction, amending Res. No. 2002-02; include telecommunications, cabling Z-05/28/2002 4 Date Page 23 02/12/2002- 6 INDEX RESOLUTIONS (by number) (Connt'd.) Res. No. 2002-25 Citgo Gas Station property acquisition Res. No. 2002-26 Certain lands, improvements; purchase, sales agreement; Cap- ital Markets, Inc Res. Na 2002-27 Community Center site plan approval, public hearing scheduled Res. Na. 2002-28 Litigation styled, Gardens of Key Biscayne/Alhambra Associa- tion, Inc, Case Number 99-28280 CA 06 Res. 2002-29 Proposed millage rate, public hearings scheduled Res. No, 2002-30 Miami -Dade County Schools, joint participation agreement, sanitary. sewer line installation . ....... .. . .. Res. No. 2002-31 Community Center site plan development approved Res. No, 2002-32 Community Recreational Center, negotiate (GMP); James A. Cummings, Inc.; negotiate construction/permit plans, Rob- ert A. Currie Partnership, Inc. Res. No. 2002-33 Sales tax increase support Res. No'. 200234' Petition Miami -Dade Commissioners; municipal streets traffic control ,. .. Res. No. 2002.35. Police, Firefighter Officers disability benefits, funding Res. No. 2002-36 Fire truck, related personal property, sale; Clay Center, Kansas Res. No. 2002-36A Robert G. Currie, Partnership Inc, agreement amendment.:.. Res. No, 2:002; 37 Checks execution, specified persons authorized; superseding Resolutions 99-22, 99-23 Res. No. 2002-38 Miami -Dade County Commissioners human rights ordinance, continued, support Res. No. 2002-39 2002 Goal$, Objectives adopted 24 Date Page S-06/17/2002 1 5-07/01/2002 1 07/02/2002 07/02/2002 S -o7/23/2002 S-07/23/2002 5-07/23/2002 S-07/23/2002 Z-08/27/2002 4 5 2 2 3 4 1 Z-08/2:7/2002.. 2 Z-08/27/2002, 3 Z-08/27/2002 4 Z-08/27/2002 4 09103/2002 09/03/2002 2 09/0312002 3 2002 VILLAGECOUNCIL MINUTES RESOLUTIONS (by number) (Cont'd.) Res. No. 2002-40 Construction management services; Community Center, Civic Center, proposals; creating Committee 09/03/2002 4 Res. No.2002-41 FY 2002-2003, proposed millage rate adopted 09/10/2002 1 Res. No. 2002-42 Lease amendment, Miami -Dade County 09/10/2002 5 Res. No. 2002-43 FY 2002.2003 final millage rate adopted 09/24/2002 1 Res. No. 2002-44 FY 2001-2002, appropriations transfer 09/24/2002 6 Res. No. 2002-45 Building, Zoning, Planning fee schedule, amended 09/24/2002 6 Res. Na 2002-46 Government access channel use during elections 10/08/2002 4 Res. No. 2002-47 Community Recreational Center, amend agreement (GMP); James A. Cummings, Inc.; construction 10/22/2002 5 Res, Na 2002-47A Bus shelter construction, option "2"; architectural, engineering plans, bids authorized 10/22/2002 4 Res. No. 2002-48 Capital Improvement Revenue Bonds Issuance, Series 2002; $9, 987, 551 11/26/2002 2 Res. No. 2002-49 Employee cost of living adjustment established 11/26/2002 3 Res. No. 2002-50 Crandon Boulevard Streetscape Advisory Committee estab- lished 12/10/2002 2 Res. No. 2002-51 Future sale proceeds; surplus fire apparatus, Fire Department support vehicles, policy establishment 12/10/2002 3 Res. No. 2002-52 Surplus personal propel y declaration, procedure established . 12/10/2002 3 RESOLUTIONS (by title) 2002 Goals, Objectives adopted Res. No. 2002-39 09/03/2002 3 Administration/Police building, (GMP) approved, construction au- thorized Res. No. 2002-16 25 Date Page 04/09/2002 5 f j. INDEX RESOLUTIONS (by title) (Cont'd.) Auditing services agreement, Rachlin, Cohen & Holtz, LLP Res. No. 2002-6 .......... .......'.. Building,Review Committee appreciation Res. No. 2002-11 Building, Zoning, Planning fee schedule, amended Res. No. 2002-45 Bus shelter construction, Crandon Boulevard Res. No. 2002-19 Bus shelter, construction, option "2"; architectural, engineering plans, bids authorized Res, 0, 2002747A Capital"Tniprovement Revenue Bonds Issuance, Series 2002; $9, 987, 551 lies.cp 200218 Certain lands, improvements; purchase, sales agreement; Capital 1/4 Mr eis;lno Res, No, 2002-26. Charter Revision Commission, member appointments Res. Nb,,20 2-i Checks execution, specified persons authorized; superseding Res- • olutions 99-22, 99-23 Res. No. 2002-37 Citga Gas Station property acquisition Res. No. 2002-25 Civic Center„alase 2 construction, Guaranteed Maximum Price (GMP) Res. No. 2002-9 Civic Center Phase I construction, amending Res. No. 2002-02; include telecommunications, cabling Res. No. 2002-24 Civic Center Phase I construction, Guaranteed Maximum Price (GMP) Res.. NT., 2002-2 Community Center construction Res. No.}2002-22 Community Center site plan approval, public hearing scheduled Res. No. 2002-27 Community Center site plan development approved Res. N©. 2002'=31 Community Recreational Center,amend agreement (GMP); James A. Cummings, Inc.; construction Res. No.,2002t47 Date Page 92/12/2002 03/0512002 09/24/2002 09/24/2002 Z-04/23/2002 10/22/2002 11/26/2002 S-07/01/2002 01/15/2002 09/03/2002 09/03/2002 S-06/1712002 02/12/2002 Z-05/28/2002 Z-01/29/2002 05/14/2002 07/02/2002 5-07/23/2002 3 2 6 3 2 1 2 2 6 4 3 4 4 3 10/22/2002 5 26 2002 VILLAGE COUNCIL MINUTES RESOLUTIONS (by title) (Cont'd.) Community Recreational Center, negotiate (GMP); James A. Cummings, Inc.; negotiate construction/permit plans, Robert A. Currie Partnership, Inc. Res. No. 2002-32 Construction management services; Community Center, Civic Center, proposals; creating Committee Res. No. 2002-40 .... 09/03/2002 4 Contractors; Code of Business Ethics requirement Res. No. 2002-4 02/12/2002 3 Crandon Boulevard Streetscape Advisory Committee established Res: No. 2002-50 12/10/2002 2 Donation, United States Drug' Enforcement Administration sur- viving families Res. No. 2002=5 02/12/2002 3 Employee cost of living adjustment established Res. No. 2002-49 11/26/2002 3 Future sale proceeds; surplus fire apparatus, Fire Department support vehicles, policy establishment Res. No.2002-51 12/10/2002 3 FY 2001-2002, appropriations transfer Res. No. 2002-44 09/24/2002 6 FY 2002.2003 final millage rate adopted Res: No. 2002-43 09/24/2002 1 FY 2002-2003, proposed millage rate adopted Res. No. 2002-41 09/10/2002 1 10/08/2002 4 Date Page 5-07/23/2002 4 Government access channel use during elections Res. No. 2002-46 Heart disease, hypertension presumption; law enforcemen ers, recognized Res. No. 2002-8 02/12/2002 5 Land lease, developing site, 200 Crandon Blvd.; recreation facili- ties, Tesaurus, Inc. agreement, second addendum Res. No. 2002-13 03/05/2002 5 Lease amendment, Miami -Dade County Res. No. 2002-42 09/10/2002 5 Litigation styled, Gardens of Key Biscayne/Alhambra Association, Inc. Case Number 99-28280 CA 06 Res. No. 2002-28 07/02/2002 5 Market research survey, contract award; Leisure Vision, Inc. Res. No. 2002-14 Z-03/19/2002 4 27 Date Page. RESOLUTIONS (by title) (Contd.) Miami -Dade County Commissioners human rightsordinance; continued support. Res. No. 2002-38 09/03/2002 2 Miami, -Dade County Schools, joint participation agreement, san- itary sewer luxe installation Res. No. 2002-30 S-07/23/2002 2 Petition Miami -Dade Commissioners; municipal streets traffic control Res„ No. 2002-34 ............................... Z-08/27/2002 2 Playing fields construction, 200 Crandon Boulevard, bids waived Res, No. 2002-3 Z-01/29/2002 4 Police Equipment/furnishings purchase; Federal Asset. Sharing Revenue use Res. No. 2002-12 03/05/2002 2 Police, Firefighter Officers disability benefits, funding Res. No. 2002-35 Z-08/27/2002 3 Police vehicles (2), purchase authorized Res: No, 2002-7 02/12/2002.. 3 Proposed millage rate, public hearings scheduled lies: No, 2002-29 S-O'j/23/2002 2 Recreational purpose fields, lease agreement; Archdiocese of Mi- ami, Inca (Saint Agnes Catholic Church) Res. No. 2002-15 Z-03/19/2002 4 Sales tax increase support Res. No. 2.002-33 Z-08/27/2002 - 1 Sanitary Sewer improvement project Res. No. 2002-18 Z-04/23/2002 3 Spillis, } Candela And `Partners Inc., additional design services, Administration/Police building agreement amendment Res. No, 2002-10 S-02/25/2002 1 Surplus personal property declaration, procedure established Res. No, 2002-52 12/10/2002 3 Village Charter amendment, mail ballot procedure, special elec- tion called Res. No. 2002-17 S-04/16/2002 2 Res. No. 2002-20 8-04/30/2002 2 Village Charter amendment, mail ballot procedure, special elec- tion called; repealing, superseding Res. No, 2002-17 Res. No. 2002-21 S-04/30/2002 3 REZONING. See: BUILDINGS AND ZONING 28 2002 VILLAGE COUNCIL MINUTES sir Date Page S SCHOOLS Develop high quality Key Biscayne elementary school K-8 W-07/16/2002 4 Miami -Dade County Schools Sanitary sewer line installation Res. No. 2002-30 5-07/23/2002 2 STREETS AND SIDEWALKS Crandon Boulevard Bus shelter construction Res. No. 2002-19 Bus shelter construction, option '2"; architectural, engineering plans, bids authorized Res, No. 2002-47A T TAXES Sales tax increase Support Res. No. 2002-33 U UNITED STATES Drug Enforcement Administration Surviving families; donation Res. No. 2002-5 V VARIANCES, NON-USE. See: BUILDINGS AND ZONING VILLAGE CHARTER Chapter 28; Retirement Chapter 28; Taxation, Article II Section 25-31; Occupational License Tax Schedule Ordinance Section 23-28; Disability Ordinance Mail ballot procedure Special election called; repealing, superseding Res. No. 2002-17 Res. No: 2002-21....... ... .......... .. ....:. Village Charter amendments Compensation, Section 2.07 Ordinance 29 Z-04/23/2002 10/22/2002 Z-08/27/2002 02/12/2002 Z-08/27/2002 5-04/30/2002 S-04/30/2002 1 3 4 3 10/08/2002 3 3 3 INDEX VILLAGE CHARTER (Coned.) Village Charter amendments (Cont'd.) Mail ballot procedure, special election called Res. No. 2002-17 S-04/16/2002 Res. No. 2002-20 S-04/30/2002 Village Code amendments Chapter 2; Administration Ordinance VILLAGE COMPREHENSIVE PLAN Chapter 26.. Section 26-23 Zoning, Land Developmen carts Ordinance Section 30-100(0(3); Zoning, Land Development Regulations; Docks, related marine structures Ordinance Chapter 30; Sections 30-11, 30-197 Ordinance Date Page VILLAGE COUNCIL Goals and Objectives High Priority (12-24 Months) Crandon Boulevard beautification implementation Harbor Drive beautification, improvements Ocean Lane Drive beautification, improvements Res. No. 2002-39 Long Term (24 Months or More) Crandon Boulevard beautification, complete implementation Residential street lighting study Sanitary sewer program Underground utilities study (10 M est.) Res. No. 2002-39 Top Priority (0-12 Months) Beautify all areas under Village control Civic Center Community information strategy and action plan Crandon Boulevard beautification and improvements Customer service Develop high quality Key Biscayne elementary school K-8 Develop short; long term plan; Fire Rescue Department Grants, other funds Land acquisition study New Manager Regulations; Golf Z-05/28/2002, 06/11/2002' 06/11/2002 Z-05✓28/2002 W-07/16/2002 W-07/16/2002 W-07/16/2002 09/03/2,002 W-07/16/2002 W-07/16/2002 W-07/16/2002 W-07/16/2002: 09/03/2002, W-07/16/2002 W-07/16/2002 W-07/16/2002 W-07/16/2002» W-07/16/2002 W -07/16/2002- W-07/16/2002 W-07/16/2002 W-07/16/2002 W-07/16/2002 2 2 2 4 2 4 4 4 4 3 5 5 5 5 3 1 2 2 2 4 4 4 4 3 2 30 2002 VILLAGE COUNCIL MINUTES Date Page VILLAGE COUNCIL (Cont'd.) Goals and Objectives (Cont'd.) Top Priority (0-12 Months) (Cont'd.) Park security W-07/16/2002 2 Parking W-07/16/2002 3 Pathway between Calusa Park, Crandon Park tennis center W-07/16/2002 3 Pedestrian comprehensive strategy W-07/16/2002 3 Playing fields W-07/16/2002 3 Residential street signs W-07/16/2002 3 Review noise ordinance W-07/16/2002 ` 4 Review sufficiency, emergency fund W-07/16/2002 4 Sanitary sewer construction program W-07/16/2002 3 Senior Program W-07/16/2002 2 Res. No. 2002-39 09/03/2002 3 VILLAGE GREEN Field goal post Temporary installation 07/02/2002 6 VILLAGE OFFICIALS Goals and Objectives. See: VILLAGE COUNCIL Special Masters Leal, Jennifer Reappointment 10/08/2002 5 O'Hara, Dennis Reappointment 10/08/2002 5 Sala, Rosemary Reappointment 10/08/2002 5 Village Clerk Alvarez, Conchita Salary increase 05/14/2002 43 Village Clerk, Assistant Hiring authorized 02/12/2002 9 Village Manager Candidates selected 5-03/05/2002 2 Kissinger, Samuel Vacation, sick time accrued payment 02/12/2002 9 Menendez, Jacqueline Hired 5-04/03/2002 2 Yearly contract 04/09/2002 6 Moyer and Associates Hired, temporary 02/12/2002 8 31 INDEX VILLAGE OFFICIALS (Contd.) Village Vice Mayor Mendia, Jorge Elected 11/26/2002 5 WATER AND SEWER Sanitary Sewer, Improvement project Res.. No.,2002-18 Z-04/23/2002 3 Sanitary sewer line installation Miami -Dade bounty Schools Res go. 2002-30 8-07/23/2002 2 Date Page 32 REGULAR COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 10, 2002 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. Helfman. INVOCATION: Reverend David Miller, President, Avodah Institute, gave an invocation. PLEDGE OF ALLEGIANCE: Mr. Michael Kahn led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The Mayor, on behalf of the Council presented a proclamation to the 2002 Winterfest Boat Parade Committee. The Manager addressed the Council regarding the re -designing of the website by E -Government, Miami Dade County. Mr. Steve Shiver, Miami -Dade County Manager, addressed the Council regarding consulting and web design services. Judi Zito, Director, e -Government Department, addressed the Council regarding the Website. 1 of December 10, 2002 Councilmember Broucek made a motion to authorize the Manager to enter into an interlocal agreement with Miami -Dade County for Website design services. The motion was seconded by Councihnember 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. 5. PUBLIC COMMENTS: The following residents addressed the Council: Robert Abbo, 238 Seaview Drive; Leo Brito, 786 Fernwood Road and Stephen Olmore, 750 Fernwood Road. 6. AGENDA: The Clerk requested the addition of a resolution regarding the disposition of surplus of certain personal property owned by the Village as Item 8C and the addition of appointment of a representative from the Village Council to the Miami -Dade League of Cities as Item 9A3; Mayor Oldakowski requested the additiomof a brief, discussion regarding agenda briefings as Item 9A4 and a discussion regarding the appointment o a Committee for Art in Public Places as Item 9A5. There was no objection to the agenda changes. 7. APPROVAL OF MINUTES: Couneilmember Fried made a motion to approve the minutes of the November 26, 2002 Regular Council Meeting. The motion was seconded by Vice Mayor Mendia and approved by a 7-0 voice> voter; The vote was as follows; Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski. 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; ESTABLISHING A CRANDON BOULEVARD STREETSCAPE ADVISORY COMMITTEE FOR PURPOSES OF ASSISTING STAFF IN THE PREPARATION OF A NEW ZONING ORDINANCE FOR TIIF ENTIRE VILLAGE. Councihnember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Vernon.. There was extensive discussion from Council regarding this resolution. The Mayor addressed the Council requesting them to submit nominations to this Committee in order that the Mayor may appoint this Committee. It was the consensus of Council to add to the Committee a representative from the Grand Bay. 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 2 of5. December 10, 2002 The Clerk read the following resolution by title: A RESOLUTION OF I'HE VILLAGE COUNCIL OF THEVILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING POLICY THAT ANY FUTURE PROCEEDS FROM THE SALE OF SURPLUS FIRE APPARATUS AND FIRE DEPARTMENT SUPPORT VEHICLES BE PLACED INTO THE CAPITAL IMPROVEMENT FUND BUDGET LINE ITEM FOR FIRE RESCUE VEHICLE REPLACEMENT; PROVIDING FOR EFFECTIVE DATE. Councilnember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Peters, The Manager addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes. The Clerk read the following resolution by title: A RESOLUTIO/S OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING PROCEDURE FOR DECLARING AS SURPLUS CERTAIN PERSONAL PROPERTY OF THE VILLAGE OF KEY BISCAYNE, ARISING FROM THE RELOCATION OF THE VILLAGE GOVERNMENTAL OFFICES; DECLARING CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE TO BE SURPLUS AND, AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE SALE OR DISPOSITION OF SUCH SURPLUS PROPERTY; PROVIDING FOR EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Vernon. Randy White, Finance Director through the firm of Moyer & Associates addressed the Council regarding this resolution. It was the consensus, of Council to advise the different schools on Key Biscayne of the surplus property in order for the schools to look at this surplus property and if they can use them, the Village will donate the items to them: 3 of 5 December 10, 2002 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, Councilmember Broucek addressed the Council regarding the cost estimate of staffing and furnishing the Community Center. It was the consensus ofCouncil,to defer thist.itent and:bear it. together with Item 9Ia;1,., .; A. Mayor Oldakowski addressed the Council regarding the re -appointment of the Citizen Advisory Committee to review theNoise Ordinance) MayorOldakowski requestednominations from Council for his review and approval from Conned at the next Council meeting. Mayor Oldakowski addressed the Council regarding the appointment of a Councilmember to represent the Villageat the Miami -Dade League of Cities. It was the consensus of Council to appoint Councilmember Peters as the representative before the Miami -Dade League of Cities and Councilmember Fried as the alienate The Manager addressed the Council regarding agenda briefings. There was no consensus of Council to hold these briefings. Mayor Oldakowski addressed the Council regarding a Committee regarding Art in Public Places. It was the consensus of Council to submit nominations to this'Committee to the Mayor for his review and approval from Council at a later meeting. Village Attorney. Mayor Oldakowski addressed the Council regarding this item• The Attorney addressed the Council regarding the proposed ordinance amending use regulations for the Village of Key Biscayne. It was the consensus of Council to direct the Attorney to bring this ordinance before Council, on first reading, at the January 14, 2003 Council Meeting. Village Clerk. The Clerk did not submit a report Village Manager. The Manager addressed the Council regarding the permitting of purchase of memberships prior to the opening of the Community Center. Todd Hofferberth, Director of Recreation addressed the Council regarding this issue. It was the consensus of Council to direct the Manager to bring at a future meeting a mechanism to accept donations for the Community Center and a membership fee schedule:' 4of5 December 10, 2002 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 9:40 p.m. tfully subnjitted: ConchitaB. Alvarez, CMC Village Clerk Approved this 14th day of January , 2003: 4-077,&4144 L --- 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 INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5 of 5 MINUTES REGULAR COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 26, 2002 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, Jorge Mendia, James L. Peters, Robert L. Vernon and Mayor Robert Oldakowski. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Hellman. 2. INVOCATION: Reverend Bud Schroeder, Key Biscayne Community Church, gave an invocation. PLEDGE OF ALLEGIANCE: Mr. Jorge Mendia, Jr. led the Pledge of Allegiance. The Mayor addressed the Council and the public welcoming the newly elected Councilmembers. 4. SPECIAL PRESENTATIONS: Ms. Karen Simon from Senator Gwen Margolis' office addressed the Council. 5. PUBLIC COMMENTS: The following residentsaddressed the Council: Julie Alvarez, 150 Sunrise Drive; Ed Meyer, 100 Sunrise Drive; Mabel Miller, 210 Seaview Drive; Jim Taintor, 355 Harbor Drive; Henny Groschel-Becker, 290 West Mashta Drive. 161'6 November 26, 2002 6. AGENDA: The Manager requested the deferral of Item 9C; Mayor Oldakowski requested the addition of a brief discussion regarding the scheduling of the rezoning of Femwood Road as Item 10A3 and Councilmember Diaz -Castro requested the addition of a discussion regarding the Community Center Site Plan as Item 10A4. Councilmember Broucek opposed the agenda changes. 7. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the October 22, 2002 Regular Council and Zoning Meeting. The motion was seconded by Councilmember Mendia and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Diaz -Castro, Peters, Vernon and Mayor Oldakowski voting Yes. 8. ORDINANCES: There were no ordinances considered by Council. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2002, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,987,551 FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTION AND EQUIPPING OF A COMMUNITY CENTER, INCLUDING A PARKING GARAGE AND SWIMMING POOL, FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF ISSUANCE OF THE, BONDS; AWARDING THE SALE OF THE BONDS TO SUNTRUST BANK; PROVIDING FOR SECURITY FOR THE BONDS; PROVIDING O tHER PROVISIONS RELATING TO. THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek: The Manager and Mr. James Ward, Finance Director through the -finn of Moyer & Associates addressed the Council regarding this resolution. Michael Kahn, 881 Ocean Drive and Bonnie Cooper, 77 Crandon Boulevard addressed the Council. Jeffrey D. DeCarlo, Bond Counsel for the Village of Key Biscayne with Adorno & Zeder, 2601 South Bayshore Drive addressed the Council regarding this resolution. There was extensive discussion from Council regarding this resolution. 2of6 November 26, 2002 Land Use Master Plan, these actions to ensure this propertyto be utilized as park/open space for the residents of Key Biscayne. , The motion was seconded by Councilmember Diaz -Castro. Councilmember Peters withdrew his motion. Mayor Oldakowski requested a brief discussion regarding an ordinance rezoning Fernwood Road. Jud K.urlancheek, Director of Building, Zoning and Planning addressed the Council regarding this issue. It was the consensus of Council to conduct a survey of the homes affected by the rezoning on Fernwood Road. The Attorney addressed the Council regarding the rezoning of Fernwood Road. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk presented to the Council the certification of the November 5, 2002 General Election results. Councilmember Fried made a motion accepting the Clerk's certification of the November 5, 2002 General Election results. 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, Mendia, Peters, Vernon and Mayor Oldakowski voting Yes. The Clerk also presented to the Council the certification of the November 19, 2002 Run-off Election results. Councilmember Broucek made a motion accepting the Clerk's certification of the November 19, 2002 Run -Off Election results. The motion was seconded by Councilmember Councilmember Mendia and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Diaz -Castro, Fried, Mendia, Peters, Vernon and Mayor Oldakowski voting Yes. Pursuant to Section 2.02(b) of the Village Charter, an election was held for the Vice Mayor's seat. Councihnember Broucek nominated Councihnember Jorge E. Mendia. The nomination was seconded by Councilmember Vernon. Councilmember Fried nominated Councilmember James L. Peters. The nomination was seconded by Councilmember Diaz -Castro. Councilmember Broucek made a motion to close the nominations. 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, Mendia, Peters, Vernon and Mayor Oldakowski voting Yes. 4 of 6 November 26, 2002 The resolution was approved by a 64 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Mendia, Peters, Vernon and Mayor Oldakowski voting Yes. Councilmembers Diaz - Castro voting No. The, Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A POLICY FOR AN ANNUAL EMPLOYEE COST OF LIVING ADJUSTMENT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to. approve the resolution.. The motion was seconded by Broucek. Councilmember Fried made an amending motion to add the word "proposed" in Section 1 of the resolution before the word "annual". 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, Mendia, Peters, Vernon 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, Mendia, Peters, Vernon and Mayor Oldakowski voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers: At this time, Councilmember Diaz -Castro addressed the Council regarding changingthe site plan for the Community Center. There was extensive discussion from Council regarding this issue, however, no consensus was reached: Councilmember Peters made a motion to direct staff to draft a resolution opposing the City of Miami proposed zoning changes that would allow commercial development on Virginia Key. The motion was seconded byCouncilmember Vernon. The Attorney addressed the Council regarding this motion. There was extensive discussion from Council regarding the development on Virginia Key. Councilmember Peters withdrew his motion. Councilmember Peters made a motion to direct staff to draft a resolution by the Council to direct the zoning of the land known as the "Citgo Property" purchased from John Devaney so as to be zoned to the classification of PROS. Further, to implement the same change in the Village of Key Biscayne 3 of 6 November 26, 2002 fully submi d: / • a'ta H. Alvarez, CMC Village Clerk Approved this 10th day of December , 2002: Robert,Oldakowski Mayor IFA PERSON DECIDES TO APPEAL ANY 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. 6of6 November 26, 2002 A vote was taken on the nomination of Councilmember Mendia as Vice Mayor. The vote was as follows: Councilmembers Broucek, Mendia, Vernon and Mayor Oldakowski voting Yes. Councilmember Mendia was elected Vice Mayor by a 4-0. vote as mentioned above. The Clerk presented to the Council a proposed 2003 Council Meeting schedule. Mayor Oldakowski requested to move the Goals and Objectives workshop to January 21, 2003 and to move the July 8, 2003 meeting to June 24, 2003. There was no objection to theMeeting schedule changes. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month of October 2002: Nova Southeastern University;. proclaiming October 24, 2002 as Dr. H. Wells Singleton Day; Dr. Armando Rodriguez and proclaiming the month of November 2002 as "National Epilepsy Awareness Month". Village Manager. The Manager addressed the Council requesting a motion to authorize the Village Manager to place an order for two fire trucks. Councilmember Fried made a motion to approve the request. The motion was seconded by Councilmember Vernon. John C Gilbert, Chief of Fire Rescue and Mr. Mark Jones, Vice President 10-8 Equipment addressed the Council regarding the fire trucks. Randy White, Finance Director through the firm of Moyer & Associates and the Attorney addressed the Council. The motion to place an order for two fire trucks 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. 11. OTHER BUSINESS/GENERAL DISCUSSION: It was the consensus of Council to re- schedule the December 3, 2002 Council Meeting to December 10, 2002. The Manager addressed the Council regarding an upcoming Workshop, probably in January, regarding the lights at Crandon Park. 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 9:16 p.m. 5of6 0 MINUTES REGULAR COUNCIL MEETING AND ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 22, 2002 COUNCIL CHAMBER 1. PRESENTATION OF COLORS: The Village of Key Biscayne Fire Rescue/Police Color Guard presented the colors. 2. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:10 p.m, Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe L Rasco. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorneys Stephen J. Hellman and David M. Wolpin. INVOCATION: Reverend Gabriel Sinisi, St. Christopher's by the Sea, gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 5. AGENDA: Mayor Rasco requested the addition of a presentation of a Resolution adopted by the Youth Council of the Village of Key Biscayne supporting the Community Center as proposed and a report regarding the approval of maintaining the lights at Crandon Park by the Miami -Dade County Commission. 6. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the October 8,2002 Regular Council Meeting. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek,:Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 1'of7 October 22, 2002 Mr. Bill Cole, Vice Chairman of the Key Biscayne Youth Council, read the resolution into the record, supporting the Community Center as proposed. Mayor Rasco addressed the Council regarding the approval of the Miami -Dade County Commission today to maintain the lights at Crandon Park fields. 7. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Clerk. Hearin Number RV -12. John.H.,and W. Marylou Dasburg, I Harbor Point, the applicants are requesting the following variances associated with the placement of one davit on a dock: 1.) permit davits to be placed in a location that is 28 ft.'fTm the point where they are permitted to be placed on a dock. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval of the above variance. Attorney Robert Harris, representing the applicant, addressed the Council regarding this variance. The Mayor opened the public h earing. Ji m T aintor, 3 55 H arbor D rive addressed the Council. The Mayor closed the public hearing. Councilmember Peters made a motion to approve the variance. The motion was seconded by Councilmember Broucek and approved by a 7-0 roll call, vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Hearing Number RV -13. John H. and W. Marylou Dasburg, 490 W. Matheson Drive, the applicants are requesting the following variances associated with the placement of two davits on a dock: 1.) Waive 2 ft. 6 in. and 1 ft. 6 in. of the required 10 ft. side setback; 2.) Permit davits to be placed in a location that is 24 ft. And 11 ft. 6 in. past the point where they are permitted to be located. Director Kurlancheek addressed the Council stating his recommendation of approval of the above variance. The Mayor opened the public hearing. Jim Taintor, 355 Harbor Drive addressed the Council. The Mayor closed the public. hearing. Attorney Robert Hams, representing the applicant, addressed the Council regarding this variance. 2 of 7 October 22, 2002 Councilmember Fried made a motion to approve the variance. The motion was seconded by Bass and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 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 VILLAGE COMMUNITY CENTER; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT AND EQUIP A COMMUNITY CENTER FOR THE VILLAGE; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR-SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Manager and the Attorney addressed the Council regarding this ordinance. Councilmember Fein made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Oldakowski. The Mayor opened the public hearing: Michael Kahn, 881 Ocean Drive; Jay Swindell, 774 Fernwood Road; Larry Radzville, 77 Crandon Boulevard; Arturo Aballi, 91 Island Drive; Jim Taintor, 355 Harbor Drive; Dr. Henny Groschel-Becker, 290 West Mashta Drive; John Festa, 695 Harbor Lane; Pat Weinman, 940 Mariner Drive; Bill Cole, 580 Fernwood Road; Camille Guething, 260 Seaview Drive; Dr. Michael Kelly, 395 Gulf Road; Dr. Jorge Mendia. 111 Island Drive; Dr: Jim Leavitt, 240 Island Drive; Cory Lopez -Blanco, 260 Grapetree Drive; Julie Alvarez, 150 Sunrise Drive and Barry, Goldmeir, 1000 Mariner Drive addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this ordinance. Michael F. Lanciault, Senior Vice President, James A. Cummings Inc. addressed the Council. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,987,551 OF CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING 3of7 October 22, 2002 FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH. THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Bass made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried. The Mayor opened the public hearing. John Festa, 695 Harbor Lane; Bonnie Cooper, 77 Crandon Boulevard, Michael Kahn, 881 Ocean Drive; Bany Goldmeir, 1000 Mariner Drive andLShirley Feldman, 1121 Crandon Boulevard addressed the Council. The Mayor closed the public hearing. Randy White, Finance Director through the firm of Moyer & Associates addressed the Council regarding this ordinance. Councilmember Peters made an amending motion to not allow for a prepayment clause in any document the Village executes, no interest only on years and that the interest that we earn on the account goes into a designated account T he motion was seconded by C ouncilmember B ass Councilmember Bass withdrew his second. The motion died for lack of a second. The Attorney addressed the Council regarding this ordinance. Jeffrey D. DeCarlo, Bond Counsel for the Village of Key Biscayne with Adorno & Zeder, 2601 South Bayshore Drive, Miami addressed the Council regarding this ordinance, It was the c onsensus o f Council t o direct staff t o g et b ids from t help auks w ith b oth options: prepayment clause and without a prepayment clause. The ordinance was adopted on second reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No. Councilmember Broucek made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting. Yes: Councilmember Peters voting No. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE, VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING OPTION "2" AS INDICATED IN THE ATTACHED PLANS SHOWING THE LOCATION OF A BUS SHELTER; DIRECTING THAT 4of7 October 22, 2002 ARCHITECTURAL AND ENGINEERING PLANS BE COMPLETED AND THAT THE PROJECT BE PUT OUT TO BID; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Mr. Eduardo Muniga, Architect, Miami addressed the Council regarding the bus shelter. The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes: Councilmembers Bass and Fein were out of the Chamber at the time the vote was taken The Clerk read the resolution by title: A RESOLUTION OF Hilt VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING CIVIC CENTER PROJECT (THE "PROJECT"), APPROVING AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER (THE "AMENDMENT TO AGREEMENT") BETWEEN THE VILLAGE OF KEY BISCAYNE (THE "VILLAGE") AND JAMES A. CUMMINGS, INC. (THE "CONSTRUCTION MANAGER") TO PROVIDE FOR THE CONSTRUCTION OF THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER (THE "COMMUNITY CENTER"), APPROVING ARCHITECT'S CONSTRUCTION PLANS FOR COMMUNITY CENTER; APPROVING GUARANTEED MAXIMUM PRICE (THE "GMP") FOR COMMUNITY CENTER; AUTHORIZING, ADDITIONAL WORK ITEMS FOR COMMUNITY CENTER,: INCLUDING TELEPHONE SYSTEM AND TELEPHONES, FPL,; DATA CABLING AND SYSTEMS; PROVIDING FOR ENHANCEMENT OF LANDSCAPING AT CIVIC CENTER SITE; AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Oldakowski. The Manager and Director Kurlancheek addressed the Council regarding this resolution. Randolph White, Finance Director through the firm of Moyer & Associates addressed the Council regarding this ordinance. The resolution was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No. 5of7 October 22, 2002 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: M yor and Councilmembers. Councilmember Peters made a motion for the Village of Key Biscayne to sponsor an annual volunteer coaches dinner in order to recognize the many hours freely given for coaching our children on Key Biscayne. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmfember Broucek made a motion to extend the meeting until 11:45 p.m. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Peters made a motion directing staff to draft a resolution of the Village Council opposing -the City of Miami zoning changes on Virginia Key. The: motion was seconded by Councilmember Bass. The Attorney addressed the Council regarding the proposed zoning changes on Virginia Key. John Festa, 695' Harbor Lane addressed the Council regarding Virginia Key. The Peters motion failed by a 2-5 voice vote The vote was as follows: Councilmembers Bass and Peters voting Yes. Councihnembers Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco,voting No. Councihmember Broucek made a motion to extend the meeting to 12:00 midnight. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein addressed the Council regarding Article II Section 5, of the Florida Constitution (attached for the record). Village Attorn y. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager did not submit a report. 6of7 Conchita H. Alvarez, CMC Village Clerk October 22, 2002 OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and s was presented to the Council. ADJOURNMENT: The meeting was adjourned at 12:00p.m. ully sub : hi ��� Approved this 26th day of November , 2002: 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. 7of7 Village of Key Biscayne Office of the Village Clerk PUBLIC NOTICE Notice is hereby given that the Zoning Meeting scheduled for Tuesday, November 21, 2002 at 7:00 p.m. in the Council Chamber has been cancelled Conchita H. Alvarez, CMC Village Clerk MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 8, 2002 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 Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Councilmember James L. Peters was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. SPECIAL PRESENTATIONS: Councilmember Bass introduced the newly elected members of the Village of Key Biscayne Youth Council: Mayor Rasco presented the, members, on behalf of the Village Council, a Certificate of Election. Mr. James Brewster, 100 Ocean Lane Drive,addressed the Council regarding the 25th Annual Lighthouse Run. Officials from the Miami -Dade County Public Works Department made a special presentation regarding the concept Master Plan Study Work for the Rickenbacker Causeway. 4. PUBLIC COMMENTS: The following resident addressed the Council: Dr. Benny Groschel-Becker, 290 West Mashta Drive. I of October 8, 2002 5. AGENDA: Mayor Rasco requested to hear Item 8A2 before Item 8A1. There was no objection to the agenda change. 6. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the September 24, 2002 Budget Workshop and the minutes of the September 24, 2002 Second Budget Hearing. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 7. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA(THE "VILLAGE"), CONCERNING THE VILLAGE COMMUNITY CENTER; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT AND EQUIP A COMMUNITY CENTER FOR THE VILLAGE; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Manager and the Attorney addressed the Council regarding this ordinance: Councilmember Fein made a motion to adopt the ordinance on first reading. The motion was seconded by Vice Mayor Oldakowski The Mayor opened the public hearing. Carol Diaz -Castro, 240 Hampton Lane; Arturo AbalIi, 91 Island Drive; Pat Weinman, 940 Mariner Drive; Basha Hicks, 1121 Crandon Boulevard; Andrew Gordon, 269 Cranwood Drive; Dr. Michael Kelly, 305 Gulf Road; Dr. Robert Maggs, 155 Ocean Lane Drive; Michael Kahn, 881' Ocean Drive; Dr. Jorge Mendia, 111 Island Drive; Bonnie Cooper, 77 Crandon Boulevard; Robert Vernon, 475 Ridgewood Road and Lance Pulver, 430 Grand Bay Drive, The Mayor closed the public hearing_ There was extensive discussion from Council regarding this ordinance. The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bags, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading on October 22, 2002 in the new Council Chamber. S 0 2of7 October 8, 2002 The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,987,551 OF CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein. Jeffrey D. DeCarlo, Bond Counsel for the Village of Key Biscayne with Adorno & Zeder, 2601 South Bayshore Drive, Miami addressed the Council regarding this ordinance. The Mayor opened the public hearing. Carol Diaz -Castro, 240 Hampton Lane; Arturo Aballi, 91 Island Drive; Jim Taintor, 355 Harbor Drive; Michael Kahn, 881 Ocean Drive; Andrew Gordon,; 269 Cranwood Drive; Camille Guething, 260 Seaview Drive and Robert Vernon, 475 Ridgewood. The Mayor closed the public hearing. The Manager and the Attorney addressed the Council regarding this ordinance. Randolph White, Finance Director through the firm of Moyer & Associates addressed the Council regarding this ordinance. The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading on October 22, 2002. 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 AMENDING CHAPTER 28 "TAXATION," AT ARTICLE II "OCCUPATIONAL LICENSE TAX," BY AMENDING SECTION 25-31 "OCCUPATIONAL LICENSE TAX SCHEDULE," TO PROVIDE FOR A 5% INCREASE IN THE OCCUPATIONAL LICENSE TAX SCHEDULE FOR ALL BUSINESSES, OCCUPATIONS OR PROFESSIONS LISTED IN THE SCHEDULE, AND TO PROVIDE FOR A REDUCTION IN THE CATCH ALL PROVISION WHICH IS APPLICABLE TO ANY BUSINESS NOT LISTED IN THE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 3 of 7 October 8, 2002 Coulteilmeember Fried, 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 ordinance was adopted on second reading by a 5-0 roll call vote. The vote was as follows: Councilznembers Broucek, Fein, Fried, Peters, Vice Mayor Olda cowski and Mayor Rasco voting Yes. Councilmember Bass was out of the Chamber at the timeth.&cvote was taken.. RESOLUTIONS: The Clerk read the following resolution by titl+ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE VILLAGE OF KEY BISCAYNE RULES FOR USE OF THE GOVERNMENT ACCESS CHANNEL IN CONNECTION WITH VILLAGE ELECTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Attorney addressed the Council regarding this resolution recommending to delete the words"the upcoming" and add an "s" to the word election on the fourth WHEREAS. clause. The Attorney also recommended to delete the schedule on page 4 of the rules. There was no objection to these recommendations. Carol Diaz -Castro, 240 Hampton Lane, Andrew Gordon, Jorge Mendia, 111 Island Drive, James Taintor, 355 Harbor Drive; Michael Kahn, 881 Ocean Drive and Barry Goldnieir, 1000 Mariner Drive addressed the Council. There was extensive discussion from Council regarding this resolution. Councilmember Fein made an amending motion to remove the second sentence on A4. The motion was seconded by Councilmember Bass and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried and MayorRasco voting Yes: Vice Mayor Oldakowski voting No. a 4of7 October 8, 2002 Councilmember Bass made an amending motion to remove the second sentence on A7. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fried made a motion to reduce the Candidate's Statement to three (3) minutes maximum duration. The motion was seconded by Councilmember Bass and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried and Vice Mayor Oldakowski voting Yes: Councilmember Fein and Mayor Rasco voting No. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco addressed the Council regarding the appointment of a three member Committee to assist in evaluating and ranking RFPs for a Construction Program Manager for the proposed Community Center as approved by Council on September 3, 2002, Resolution No. 2002-40. The Mayor proposed the following residents: Mr. Ed Easton, Mr. Barry Goldmeir and Mr. Raul Llorente. Barry Goldmeir, 1000 Marine Drive addressed the Council. Councilmember Bass made a motion to approve the appointment of the three member Committee as proposed by the Mayor: The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Pursuant to Ordinance 92-14, Section 3, Councilmember Bass made a motion to reappoint Rosemary Sala, Dennis :O'Hara and Jennifer Leal as Special Masters. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek addressed the Council regarding the enforcement of BZP and Public Works Codes. Councilmember Broucek addressed the Council regarding the Miami -Dade County Elections Department problems. The Clerk addressed the Council regarding the issues of the primary Election. 5of7 October 8, 2002 Councilmember Broucek addressed the Council regarding a discussion of second trash .bulk pick-up. Director of Public Works, Armando Nunez addressed the Council regarding, the trash bulk pick-up. Mayor Rasco addressed the Council regarding improving the Miami -Dade County 911 system for Key Biscayne. John C. Gilbert, Chief of Fire Rescue and Cathy McElhaney, . Deputy. Chief of Police addressed the Council regarding the 911 system. Mayor Rasco addressed the Council and the, public regarding the importance of the Notice of Hearing No. 020F07, applicant Village of Key Biscayne, requesting approval to amend the Crandon Park Master Plan to permit the existing Ball Fields -or Lighted Baseball fields with backstops to remain, rather than converting them to anunmarked multi -purpose playing meadow. This Hearing will take place in the County Commission Chamber at 9:30 a.m. on October 22, 2002. Mayor R asco addressed the Council regarding the appointment of a Noise Ordinance Review Committee. "1'he Mayor, with consensus of Coomril, appointed the following individuals: Jose Penichet, Mike Stefans, Clint Archambaul4 Camille Guething, Bill Pickell, Serge Bander, Ramon Rodriguez, Luis Arrondo and Michael Carash. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk requested that Council cancel the November 21, 2002 Zoning Meeting in order to hold the Installation Ceremony for the newly elected Mayor and Councilmembers on that day. There was no objection to the request. The Clerk submitted to the Council a copy of the following proclamation issued by the. Office of the Mayor during the month of September 2002: proclaiming September 21, 2002 as International Day of Peace. Councilmember Broucek made a motion to extend the meeting to 11:05 p.m. The motion was seconded by Counciimcniber Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Village Manager: The Manager addressed the Council regarding the status of the Fire Station and the Police/Administration Building. The Manager also addressed the Council reporting that the Dedication Ceremony for the Fire Station and the Police/Administration Building will be held on Monday, October 28, 2002 at 6:30 p.m.' Everyone is invited to attend. 6of7 October 8, 2002 OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A scheduled of future meetings and events was presented to the Council. ADJOURNMENT: The meeting was adjourned at 11:04 p.m. Res fully submit d: % /• Conchita H. Alvarez, CMC Village Clerk Approved this 22nd day of October Joe L Rasco Mayor 2002: 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, 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. 7of7 BUDGET WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 24, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR I. CALL TO ORDER/ROLL CALL OF MEMBERS: The workshop was called to order by the Vice Mayor at 5:15 p.m. Present were Councilmembers Scott Bass (arrived at 5:25 p.m), Martha F. Broucek, Alan H. Fein (arrived at 5:45 p.m.), Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco (arrived at 5:50 p.m.). Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman: PLEDGE OF ALLEGIANCE: Vice Mayor Oldakowski led the Pledge of Allegiance. BUDGET PRESENTATION: The Manager addressed the Council regarding the budget presentation. Mr. Randolph White, Finance Director through the firm of Moyer and Associates addressed the Council regarding the budgets. Mr. Armando Nunez, Director, Public Works Department addressed the Council regarding the budget for the Public Works Department. Ed Meyer, 100 Sunrise Drive and John Festa, 695 Harbor Lane addressed the Council. Mr. Todd Hofferberth, Director, Recreation Department addressed the Council regarding the budget for the Recreation Department. 1 oft September 24, 2002 John Festa, 695 Harbor Lane; Ed Meyer 100 Sunrise Drive and Pat Weinman, addressed the Council. Ms. Jacqueline R. Menendez, Manager, addressed the Council regarding the budgets for the Administration and Finance Departments. John Festa, 695 Harbor Lane and Ed Meyer, 100 Sunrise Drive addressed the Council. Stephen Heitman, Weiss Serota Heitman Pastoriza & Guedes, Village Attorney addressed the Council regarding the budget for the Village Attorney. Ms. Conchita H. Alvarez, Clerk addressed the Council regarding the budget for the Office of the Village Clerk. Director White addressed the Village Council regarding the Council's budget. Chief of Fire Rescue, John C. Gilbert addressed the Council regarding the financing options for the vehicle replacement program for the Fire Rescue Department. 4. ADJOURNMENT: The workshop was adjourned at 7:02 p.m. Re s ec fully submit ' ed: SWb Conchita IL Alvarez, CMC Village Clerk Approved Oda_ day of October, 2002: 1,01101 Joe L Rasta 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. 2 oft TUESDAY, SEPTEMBER 24, 2002 MINUTES SECOND BUDGET HEARING VILLAGE OF KEY BISCAYNE, FLORIDA COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:10 pan. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village AttomeyStephen J. Heifinan: 2. APPROVAL OF MINUTES: Councilmember Broucek made a motion to approve the minutes of the September 10, 2002 First Budget Hearing. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 THROUGH SEPTEMBER30, 2003 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. I of September 24, 2002 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Attorney addressed the Council regarding the procedure for the adoption of the budgets. The Manager addressed the Council regarding the budget. The Mayor opened the public hearing. Annika Akerlund-Tarajano, 200 Cypress Drive; Pat Weinman, 940 Mariner Drive, Camille Guething, 260 Seaview Drive; James Taintor, 355 Harbor Drive; John Festa, 695 Harbor Lane; Dr. Benny Grosehel-Becker, 290 West Mashta Drive addressed the Council The vlayor closed the public hearing. Councilmember Peters made a motion to table the resolution. The motion was seconded by Councilmember Broucek and approved by, a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 4. 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 I, 2002 THROUGH SEPTEMBER 30, 2003. PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR. AN EFFECTIVE DATE. Councilmember Bass made a motion to adopt the ordinance on second reading. Themotion was seconded by Councilmember Fried. Randolph White, Director of Finance and Administrative Services, through the firm of Moyer and Associates, addressed the Council regarding the budget. The Mayor opened the public hearing. John Festa, 695 Harbor Lane; Ed Meyer, 100 Sunrise Drive; Michael Kahn, 881 Ocean Drive; Pat Romano, 361 Beechwood, James Taintor, 355 Harbor Drive; Fire Rescue Captain Karl Simon; Dr. Kathy Schrank, Medical Director for the Fire Rescue Department addressed the Council. The Mayor closed the public. hearing. It was the consensus of Council to direct staff to place the funds received for Licences and Permits are calculated and approved for Fiscal Year 2003. The Manager addressed the Council regarding the Goals and Objectives as it relates to the Budgets. 2of7 September 24, 2002 Councilmember Bass made a motion to reduce the Grapetree Improvement line item by $50,000 for a total of $200,000. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein made a motion to increase the Playing Field Improvements line item by $50,000 for a total o f $ 200,000. T he motion was seconded b y V ice Mayor 0 ldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Ye& ine item Vice Mayor Oldakowski made a motion to fund the Beach Renourishment 1 with $75,000 from the Contingency. Vice Mayor Oldakowski withdrew his motion. Mayor Rasco made a motion to establish a Land Acquisition fund with $200,000 from the Contingency and allocate $62,088 from the Contingency to the Beach Renourishmentline item. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fried made a motion to approve the Capital Project Fund. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass made a motion to reduce the Legal Fees - Lawsuits line item in the Village Attorney's Budget to $100,000. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass made a motion to increase the Revenue line item in the Building, Zoning and Planning Department by $40,000. Councilmember Broucek seconded the motion. Councilmember Bass withdrew his motion. There was extensive discussion from Council regarding the BZP Department budget. Councilmember Fried made a motion to approve the Building, Zoning and Planning Budget. The motion was seconded by Councilmember Broucek and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters and Vice Mayor Oldakowski voting Yes. Councilmember Bass and Mayor Rasco voting No. 3of7 September 24, 2002 Vice Mayor Oldakowski made a motion to increase the Contractual Services line item in Administration and Finance to $100,000. The motion was seconded by Councilmember Fein and approved by 6-0 voice vote. The vote was as follows "Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass was out of the Chamber at the time the vote was taken. Vice Mayor Oldakowski made a motion to adopt a 1:3% COLA increase for all employees. The motion was seconded by Councilmember Broucek and ^approved by 5-0 voice vote. The vote was as follows: Councilmembers Broucek; Fein, Fried,, Vice Mayor°Oldalcowski and Mayor Pasco voting Yes. Councilmembers Bass and Peters were out of the Chamber at the time the vote was taken. Vice Mayor Oldakowski made a motionr`to increase the • Fire Department's Operating Budget by $117,000 to provide for the two vehicle lease program for the next 7 years. The motion was seconded`by Councilinember'Pcters afd'approved' ryaV-0 voice vote. The Vote was a 'sfolIows: Couneilnaernbers Bass; firoucek; Fein;?F`ri &, Peters;Vice Iviaaor Oldakowski and,Mayor Rasco voting Yes. FA ,, ,: i,: fq ., Councilmember Broucek made a motion to extend the meeting to 11.30 p.m. The motion*was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice "Mayor Oldaicpwski and Mayor-Rasco voting Yes. , Councilmember Broucek made a motion to extend the meeting to 11:45. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: `-vCounciln embers Bass, Branca, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes Vice Mayor Oldakowski made.a motion -to remove the ordinance from the table. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters; Vice Mayor Oldakowski and Mayor Rasco voting Yes. The ordinance, as amended, was adopted on second reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No. Councilmember Bass made a motion to lower the miltage rate to 3.529. The motion was seconded by Councilmember Peters. Councilmember Bass withdrew his motion. I 4of7 September 24, 2002 Councilmember P eters m ade a m otion t o e xtend t he m eeting t o 1 1:50 p .m. T he motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek; Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek made a motion to extend the meeting to 12:00 midnight. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The resolution approving the final millage rate of 3.606 was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass and Peters voting No. 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 BY AMENDING CHAPTER 28 "TAXATION," AT ARTICLE II "OCCUPATIONAL LICENSE TAX," BY AMENDING SECTION 25-31 "OCCUPATIONAL LICENSE TAX SCHEDULE," TO PROVIDE FOR A 5% INCREASE IN THE OCCUPATIONAL LICENSE TAX SCHEDULE FOR ALL BUSINESSES, OCCUPATIONS OR PROFESSIONS LISTED IN THE SCHEDULE, AND TO PROVIDE FOR A REDUCTION IN THE CATCH ALL PROVISION WHICH IS APPLICABLE TO ANY BUSINESS NOT LISTED IN THE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein. 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 Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading of the ordinance on October 8, 2002. Sof7 September 24, 2002 6, RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR TRANSFER OF APPROPRIATIONS CONCERNING 2001- 2002 FISCAL YEAR BUDGET, ACCOMPLISHING TRANSFER OF UNENCUMBERED APPROPRIATION BALANCE OR A PORTION THEREOF FROM ONE OFFICE, DEPARTMENT OR FUND' TO ANOTHER OFFICE, DEPARTMENT" OR FUND; PROVIDING FOR AN EFFECTIVE DATE. ' ' Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass; Broucek,1ein, Fhed;Peters, Vice Mayor Ol lakows'ki and Mayor Masco voting,Yes. '` The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion Was seconded by Councilmember Brou,eek, and approved by a 6-1' voice vote. r The vote was as 'follows: Councilrnembers Bass, Broueek, Fein, Fried, Peters and Vice MaydrOldakowski voting Yes. Mayor Rasco voting Nd! At this time thekAttoroey addressed the Council requesting an Exedutiwe Session regarding the Coalition and a possible settlement. 7. VILLAGE -CLERK: The Clerk submitted to the Council a list of candidates qualifying for the 2002 Municipal Election to be held on November 5, 2002: 8. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. ADJOURNMENT: The meeting was adjourned at 12:00 midnight 6of7 Joe I. Rasco Mayor September 24, 2002 onchita H. Alvarez, CMC Village Clerk Approved this 8th day of October , 2002: IFA PERSON DECIDES TO APPEAL ANYDECISIONMADE 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 FIRST BUDGET HEARING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 10,'2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:07 p.m. Present were Councilmembers Scott Bass (arrived at 7:10 p.m.), Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe L Rasco, Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance 3. AGENDA: Councilmember Fein requested the addition of a status report from the Manager at the end of the agenda. There was no objection to the request. 4. APPROVAL OF MINUTES: Councilmember Broucek made a motion to approve the minutes of the September 3, 2002 Council Meeting. The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 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 YEARCOMMENCING OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003 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. I of 6 September 10, 2002 The Attorney addressed the Council regarding the procedure for the adoption of the budgets. The Manager addressed the Council regarding the budget. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Councilmember Peters made an amending motion to go back to the rolled -back rate. The motion was seconded by Councilmember Bass. The following residents addressed the Council regarding the millage rate: Annika Akerlund- Tarajano, 200 Cypress Drive; Blanca Mesa, 544 Femwood Road; Carl Runge, 735 Fernwood Road; John Festa, 695 Harbor Lane; Marivi Walker, 545 Glenridge Road; Andrew Gordon, 269 Cranwood Drive and Rafael Perez, 544 Feniwood Road. There was extensive discussion from Council regarding the millage rate. Mayor Rasco made amotion to table the amending motion and the budget resolution. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows; Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 6. ORDINANCES: The Clerk read the followingordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Bass: The Manager addressed the Council regarding the proposed balanced budget for Fiscal Year 2003. Chief of Police Michael J. Flaherty addressed the Council regarding the budget for the Police Department. Director of Finance and Administrative Services, through the firm of Moyer and Associates,. Randolph White addressed the Council and the public regarding the budget. 2of6 September 10, 2002 It was the consensus of Council to change the name of the Police Facilities line item to Police Equipment Repairs. Mayor Rasco made an amending motion to amend the Budget for the Police Department by taking $48,000 out of the operating budget (for the rank of Corporal) and to be paid by the Federal Asset Fund. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fried made an amending motion to approve the garage building for the police generator to be paid for by the Federal Asset Fund. The motion was seconded by Councilmember Bass. Vice Mayor Oldakowski made an amendment to the amending motion to approve the following projects for the Police Department to be paid by the Federal Asset Fund: 1.) Garage building for police generator ($40-60,000); 2.) Police/Administration Building security cameras ($110,000); 3.) Automated locks on bathroom doors at the Ocean Front Park and also at the Village Green ($10,000); 4.) Armory cabinets and work bench ($6,000). The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The vote was as follows: Councihnembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Mayor opened the public hearing. John Festa, 695 Harbor Lane and Ed Meyer, 100 Sunrise Drive addressed the Council. The' Mayor closed the public hearing. Chief of Fire Rescue John C. Gilbert addressed the Council regarding the budget for the Fire Department. The Manager addressed the Council regarding the banking of the vacation hours for the Fire Department. It was the consensus of Council to direct the Manager to look into capping the vacation hours for the Fire Department. It was also the consensus of Council to direct the Fire Chief and the Manager to look into a leasing program for the two trucks needed by the Fire Department. it was the consensus of Council to direct the Manager to take the total expenses for 2003 and present them to the Council on a functional basis rather than a departmental basis, in order to look at salaries, benefits, payroll taxes, retirement, health, disability, insurance, etc. across the board for the entire Village and see what our experience is. 3 of 6 September 10, 2002 John Festa, 695 Harbor Lane; Firefighter/Paramedic Dan Feeney, Carol Diaz -Castro, 240 Hampton Lane and Fire Captain Jose Marti addressed the Council. Councilmember Bass, excused himself from the meeting at 10:37 p.m. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding the budget for the BZP Department, recommending a reduction in staff, Mayor Rasco made a motion to extend the meeting to 11:45 p.m. The motion was seconded by Councilmember Peters and; approved by a 5-0 voice vote. The vote was as follows= Councilmembers Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. Willie Borroto, 241 Harbor Drive; Nat Chediak, 690 Warren Lane; John Festa, 695 Harbor Lane; Carol Diaz -Castro, 240 Hampton Lane and Rick Chitwood, Construction Manager for the Ocean Club addressed the Council. It was the consensus of Council to address, at the Second Budget Hearing, the level of subsidy, service and fees for the Building, Zoning and Planning Department. The Attorney addressed the Council regarding the budget hearing. Mayor Rasco made a motion to table the ordinance. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Vice Mayor Oldakowski made a motion to remove from the table the budget resolution. The motion was seconded, by Councilmember Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The amending motion to go back to the rolled -back rate failed by a 1-5 roll call vote. The vote was as follows: Councilmember Peters voting Yes. Councilmembers Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting No. The motion to adopt the budget resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No.. 4 of 6 0 September 10, 2002 Vice Mayor Oldakowski made a motion to remove the budget ordinance from the table. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco votingYes., The ordinance was adopted on first reading, as amended, by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading of the ordinance for September 24, 2002. It was the consensus of Council to hold a Budget Workshop from 5:00 p.m. to 7:00 p.m. on September 24, 2002. Vice Mayor Oldakowski made a motion to extend the meeting to 11:50 p.m. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Finance Director White announced that the increase over the rolled -back rate is 19.33% and the increase in actual taxes if the proposed millage is adopted is 10.06% higher. 7. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AMENDMENT TO LEASE BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AMENDMENT TO LEASE ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE AMENDMENT TO LEASE; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO ENTER INTO THE AMENDMENT TO LEASE; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to approve the resolution. -The motion was seconded by Councilmember Fein: The Manager addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 5of6 September 10, 2002 S. BUDGET INFORMATION: The following was presented to the Council for their information. 1.) Resolution 2002-29 adopted July 23, 2002, setting the first and second budget hearings; 2.) Public Notice regarding the adoption of the budgets for fiscal year commencing October 1, 2002 through September 30, 2003, advertised in the Daily Business Review on September 6, 2002 and in the Islander News on September 5 and September 12, 2002; 3.) Notice of Proposed Tax Increase and Budget Summary for fiscal year 2002-2003; 4.) Miami -Dade County 2002 assessment roll estimate; 5) Miami -Dade County Certification of Taxable Value and 6.) Assessed Valuation. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the -Council: Councilmember Broucek made a motion to extend the meeting until 11:55 p.m. The motion was seconded by Vice MayorOldakowski and approved by a 6-0 voice vote. The, vote was as follows: Council;nembers-Broucek; Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Raseo voting Yes. The Manager addressed the Council regarding the status of the new buildings and Chief Gilbert addressed the Council regarding the events scheduled to commemorate 9-11. 10. ADJOURNMENT: The meeting was adjourned at 11:55 p.m. Re . e q idly submitted: c ita H, Alvarez, CMC Village Clerk Joe I. Rasco Mayor Approved this 24th day of September . 2002: 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. 0 6of6 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 3, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR I. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:06 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. 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: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mr. Ed London was unable to attend the meeting and make the presentation regarding the windstorm insurance rates for Key Biscayne homeowners. Councilmember Bass addressed the Council giving an update on the Village of Key Biscayne Youth Council and elections. 5. PUBLIC COMMENTS: The following residents addressed the Council: John Festa, 695 Harbor Lane and James Taintor, 355 Harbor Drive. I of 6 September 3, 2002 6. AGENDA: The Clerk, at the request of Councilmember Peters, requested the addition of a discussion regarding the second floor of the Community Center as Item 10A4. Councilmember Peters made a motion to add the item to the agenda. The motion was seconded by Councilmember Bass and approved by a 6-1; voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. Vice Mayor Oldakowski requested the addition of a discussion regarding an incident on Grapetree Drive as. Item 10D2. There was no objection to this agenda change. 7. CONSENT AGENDA: Councilmeiuber Fein made a motion to approve the consent agenda. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried„Peters, Vice Mayor Oldakowski and Mayor Rasco votingYes. Councilmember Bass voting NO. The minutes of the August 27, 2002 Zoning Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS FOR THE VILLAGE OF KEY BISCAYNE; SUPERCEDING RESOLUTION 99-22 AND 99-23 ON THE SAME SUBJECT TO THE EXTENT OF ANY CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; INCORPORATING RECITALS; EXPRESSING SUPPORT FOR THE CONTINUING EXISTENCE OF THE HUMAN RIGHTS ORDINANCE THAT PROHIBITS DISCRIMINATION BASED ON SEXUAL ORIENTATION, AS ADOPTED BY MIAMI- DADE COUNTY COMMISSIONERS, IN1998; OPPOSING THE SEPTEMBER 10, 2002 BALLOT QUESTION THAT WOULD REPEAL THE MIAMI-DADE COUNTY HUMAN RIGHTS ORDINANCE NO.98-170; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 19 "PARK RULES AND REGULATIONS" BY CREATING SECTION 19-17 "RESTRICTION ON ACCESS TO PARK FACILITIES;" PROVIDING FOR MECHANISMS TO CONTROL ACCESS TO VILLAGE PARKS; PROVIDING FOR FLOURS OF OPERATION; PROVIDING FOR OTHER RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein. 0 2of6 September 3, 2002 The Manager, Todd Hofferberth, Director of Recreation and Michael I. Flaherty, Chief of Police addressed the Council regarding this ordinance. Councilmember Fein made a motion to amend the ordinance to restrict regulations of hours and access to Ocean Park only. The motion was seconded by Vice Mayor Oldakowski. Councilmember Fein withdrew his motion. The Mayor opened the public hearing. Blanca Mesa, 544 Fernwood Road addressed the Council. The Mayor closed the public hearing. It was the consensus of Council that this ordinance should be limited to the Ocean Park only and should include specific hours of operation and an 18 year old limitation to the acquisition of an entrance card. There was extensive discussion from Council regarding this ordinance. The Manager and the Attorney addressed the Council regarding this ordinance. The ordinance was adopted on first reading, subject to the changes proposed by the Village Council, by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading of this ordinance for October 8, 2002. There were no ordinances on second reading considered by Council. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE 2002 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Councilmember Bass made an amending motion to add under Priority I ; Creation o f t he Key Biscayne Youth Council. The motion was seconded by Councilmember Peters and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Peters and Mayor Rasco voting Yes. Councilmembers Broucek, Fein and Vice Mayor Oldakowski were out of the room at the time the vote was taken. 3of6 September 3, 2002' Henny Groschel, 290 West Mashta Drive and Carol, Diaz -Castro, 240 Hampton Lane addressed the Council. The resolution as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerkkread the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR CONSTRUCTION PROGRAM MANAGEMENT SERVICES RELATING TO THE COMMUNITY CENTER AND INFRASTRUCTURE FOR THE CIVIC CENTER; CREATING A COMMITTEE FOR PURPOSES OF PROVIDING THE VILLAGE COUNCIL WITH A RECOMMENDATION RELATING TO THE SELECTION OF A CONSTRUCTION PROGRAM MANAGER FORTHE COMMUNITY CENTER AND INFRASTRUCTURE FOR. THE CIVIC CENTER; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion, to approve the resolution. Themotion was. seconded by Councilmember Broucek. The Manager addressed the Council regarding this resolution. Blanca Mesa, 544 Fernwood Road and Denny Groschel, 290 West Mashta Drive addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco. voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor. and Councilmembers. Councilmember Broucek addressed the Council regarding, the allowable use of the cabanas at the Ocean Club Development. John C. Gilbert, Chief of Fire Rescue and the Attorney addressed the Council regarding this issue. It wasthe consensus of Council to direct staff to look into this issue and report back to Council. Councilmember Bass withdrew the item regarding a parking policy throughout the Village. 4of6 September 3, 2002 Vice Mayor Oldakowski addressed the Council regarding making Channel 16 available to candidates for Village Council Election. It was the consensus of Council to direct staff to look into this issue and bring back some guidelines at the next Regular Council Meeting on October 8, 2002. Councilmember Peters addressed the Council requesting consensus of Council to direct the Community Center Architect to incorporate in the redesign of the building a portion of the second floor to be utilized as a multipurpose function room and a performing arts theater. There was extensive discussion from Council regarding this issue. Director Hofferberth, Jud KurIancheek, Director of Building, Zoning and Planning and the Manager addressed the Council regarding the performing arts theater. Ed Meyer, 100 Sunrise Drive; Carol Diaz -Castro, 240 Hampton Lane; Bonnie Cooper, 77 Crandon Boulevard; Jim Leavitt, 240 Island Drive and Patricia Romano, 365 Beechwood addressed the Council. Vice Mayor Oldakowski made a motion to direct the architect for the Community Center to incorporate approximately a 4 ft. increase in the ceiling height, to provide extra wiring for the multipurpose room and doors to the terrace. The motion was seconded by Councilmember Bass. Councilmober Fein made a`fr friendly amendment to direct the architect to submit two set of plans, one with the above proposal and another one without the proposal. The amendment was seconded by Councilmember Bass. Councilmember Fein withdrew his amendment. The motion was approved by a 64 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters and Vice Mayor Oldakowski voting Yes. Mayor Rasco voting No. Village A orney. 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 oft he Mayor during the month o f S eptember: proclaiming September 11, 2 002 a s "Always Remember 9-11 Day". Chief Gilbert addressed the Council regarding the events scheduled for September 11, 2002. Village Manager. The Manager addressed the Council requesting authorization to purchase supplemental video equipment for the new Council Chamber. 5 of 6 September 3, 2002 Councilmember Bass made a motion to authorize the purchase of supplemental video equipment for the new Council Chamber. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Counciimembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. At the request of Vice Mayor Oldakowski, Chief Gilbert addressed the Council regarding an incident on Grapetree Drive and the Miami -Dade County 911 system . Chief Gilbert will, report back to council on this issue. The M anager addressed the Council giving an update on the progress of the Fire Station, the Police/Administration Building and: the median cut on Crandon Boulevard, The Manager, also addressed the issue of the closure of McIntyre Street. 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 meetingwas adjourned at 10:25 p. ally submitted: its H. Alvarez, CMC.. Village Clerk Approv Joe I. Rasca Mayor Sir of September . 20.02: 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, 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. 6 -of 6 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 27, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 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 Scott Bass, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Councilmember Martha F. Broucek was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Councilmember Bass requested to hear Item 8D3b before the resolutions and Councilmember Peters requested to defer Item 8A4 to the Council Meeting of September 3, 2002. There was no objection to the agenda changes. 4. CONSENT AGENDA: The following consent agenda was approved by unanimous consent. The minutes of the July 23, 2002 Special Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE PROPOSED SALES TAX INCREASE, OF WHICH MUNICIPALITIES WILL RECEIVE A 20% SHARE EXCLUSIVELY DEDICATED TO THE TRANSPORTATION NEEDS OF MIAMI-DADE. COUNTY AND THE MUNICIPALITIES OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 1of7 August 27, 2002 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY TO DELEGATE TO THE VILLAGE OF KEY BISCAYNE CERTAIN SPECIFIC RESPONSIBILITIES FOR THE CONTROL OF TRAFFIC ON MUNICIPAL STREETS; ) PROVIDING FOR AN EFFECTIVE DATE. 5. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearing were sworn in by the Clerk. Hearing Number RV -11. Key Biscayne CVS, Inc., 726 Crandon Boulevard, the applicant is requesting a variance to waive 500 ft. of the required 500 it distanceseparation from a single family distiict to a place of business that offers beer and wine to be sold for consumption off the premises from a single family district. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation that the request be denied. The Mayor opened the public hearing. Orlando J. Cabrera, Holland & Knight LLP, Miami, representing the applicant, Wayne Mania, 121, Island Drive; Jim Taintor, 355 Harbor Drive addressed the Council. The Mayor closed the public hearing. The Attorney addressed the Council regarding this variance. There was extensive discussion from Council regarding this issue. Mr. Cabrera, representing the applicant, verbally offered the following conditions as part of the covenant: 1. Beer shall only be sold by the six (6) pak with no container comprising less than 12 oz., 2. Pony bottles of wine shall not be sold (any container that contains less than one (1) liter). 3. Advertising relating to the sale of beer and wine shall not be placed on windows and/or doors. Councilmember Bass made a motion to approve the variance as amended by the applicant. The motion was seconded by Councilmember Fried and approved by a 4-2 roll call vote. The vote was as follows: Councilmembers Bass, Fried, Peters and Mayor Rasco voting Yes. Councilmember Fein and Vice Mayor Oldakowski voting No. C 2of7 August 27, 2002 ORDINANCFS There were no ordinances on first reading considered by Council. 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 AMENDING CHAPTER 28 "RETIREMENT," BY AMENDING SECTION 23-38 "DISABILITY," TO PROVIDE ENHANCED DISABILITY RETIREMENT BENEFITS FOR PLAN MEMBERS INJURED IN THE LINE OF DUTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Rasco clarified that the ordinance should reflect that the Plan will be commencing on October 1, 2002. The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. At this time Item 8D3b was heard. Armando Nunez, Director of Public Works addressed the Council regarding the proposals for engineering services for curbing and draining improvements, specifically in front of the Key Biscayne Yacht Club. Hugh Dates, Commodore of the Key Biscayne Yacht Club, 180 Harbor Drive addressed the Council regardingthe curbing at the Yacht Club. It was the consensus on Council to direct staff to look into other solutions to solve the problem of drainage and parking on the swale in front ofthe Club. 7. RESOLUTIONS The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FUNDING ASSISTANCE FOR VILLAGE OF KEY BISCAYNE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR DISABILITY BENEFIT AS REPLACEMENT FOR PROVIDING FUNDING FOR DISABILITY INSURANCE; PROVIDING FOR EFFECTIVE DATE. 3 of 7 August 27, 2002 Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 6M voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasce voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE AGREEMENT FOR BILL OF SALE FOR SALE OF VILLAGE FIRE TRUCK AND RELATED- PERSONAL PROPERTY BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF CLAY CENTER, KANSAS; PROVIDING AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Peters and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE AGREEMENT WITH ROBERT G. CURRIE, PARTNERSHIP INC. FOR ADDITIONAL DESIGN SERVICES FOR THE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by CounciIn-tember Fried. ' Director Kurlancheek and Jose Aguila, Robert Currie Partnership, Inc., Architect for the project addressed the Council regarding this resolution. Ed Meyer, 100 Sunrise Drive addressed the Council. Councilmember Bass requested that under III. BUDGET the word "may" be substituted by the word "will" under Notes (3). It was the consensus of Council to direct staff to make this change. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 8. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco requested that staff be directed to revise the 40,000 square foot rule for property abutting Crandon Boulevard. 4of7 August 17, 2002 Director Kurlancheek and the Attorney addressed the Council regarding this issue. It was the consensus of Council to direct staff to look into this issue. Vice Mayor Oldakowski made a motion to direct staff to begin the process of re -zoning both sides of the 700 block of Fernwood Road to single family use. The motion was seconded by Councilmember Peters. The Attorney addressed the Council regarding the process for the re -zoning. Kathy King, 745 Femwood Road and Jay Swindell, 774 Fernwood Road addressed the Council. The Oldakowski motion was approved by a 5-1 voice vote. The vote ` was as follows: Councilmembers Bass, Fein, Fried, Peters and Vice Mayor Oldakowski voting Yes. Mayor Rasco voting No. Vice Mayor Oldakowski made a motion requesting that the Mayor appoint a Citizen Advisory Committee to review the noise ordinance for the Village. The motion was seconded by Councilmember Peters and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters;: Vice Mayor Oldakowski and Mayor Rasco voting Yes. Director Nunez addressed the Council regarding the noise coming from the Ocean Club. Mike Steffens, 615 Ocean Drive and Serge Barder, 211 Cape Florida Drive addressed the Council. Any residents interested in participating in this Committee should call Vice Mayor Oldakowski. The Attorney addressed the Council recommending that before the Committee is formed, the item should come before Council to set the scope of the work, the terms and specific time to report back to 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 of July and August 2002: proclaiming July 12, 2002 as Gustavo A. Barreiro Day and proclaiming the week of October 20-26, 2002 as World Population Awareness Week. 5of7 August 27, 2002 0 Village Manager. The Manager addressed the Council requesting authorization to purchase one Medtronic Physio-Control Lifepak 12 for the Fire Rescue Department. Councilmember Fein made a motion to approve the purchase of one Medtronic Physio-Control Lifepak 12. The motion was seconded by Vice Mayor Oldakowski and approved by, a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Manager addressed the Council requesting authorization to purchase sixteen (16) self contained breathing apparatus (SCBA). Councilmemher Fried made a motion to to approve the purchase of sixteen (16) self contained breathing apparatus (SCBA). The motion was seconded by Councilmember Fein. Chief Gilbert addressed the Council regarding this issue. The motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Manager presented to the Council two Public Works proposals for Engineering Services for drainage well modifications for Ocean Lane Drive and traffic calming, curbing and drainage improvements. Director Nunez addressed the Council regarding the drainage well modifications for Ocean Lane Drive and traffic calming on Grapetree Drive. Councilmember Fein made a motion to move forward with the drainage well modifications for Ocean Lane Drive pending review by Counsel. The motion was seconded by Councilmember Bass and approved by, a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Vice Mayor Oldakowski made a motion to move forward with the traffic calming for Grapetree Drive. The motion was seconded by Mayor Rasco and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 9. OTHER BUSINESS/GENERAL DISCUSSION: Councilmember Fein requested a status report on the progress of the Fire Station and the Police Administration Building. The Manager, Chief Gilbert and Director Kurlancheek addressed the Council regarding this issue. 6of7 August 27, 2002 Councilmember Fein requested consensus from Council to direct staff to have the contractors clean the site of the two new buildings. There was no objection to the request. 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 9:40 p.m. Resp • Ily submitted: A Idai, Conchita H. Alvarez, CMC Village Clerk Approved this 3rd day of September . 2002: Joe L Rasco 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. MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 23, 2002 COUNCIL CHAMBER 85WEST MCINTYRE STREET, SECOND FLOOR 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 Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco_ Also present were Village Manager Jacqueline R. Menendez and Village Attorney Stephen J. Helfinan. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the June 27, 2002 Budget Workshop, the minutes of the July 1, 2002 Special Council Meeting, the minutes of the July 2, 2002 Regular Council Meeting and the minutes of the July 16, 2002 Goals and Objectives Workshop. The motion was seconded by Councilmember Bass. Councilmember Peters offered an amendment to the Minutes of the June 27, 2002 Budget Workshop to include the addition of the following columns to the budget on the next budget presentation. Adopted 2001, Actual 2001, Adopted 2002, Year to Date 2002 and Proposed 2003. The June 27, 2002 Budget Workshop Minutes as amended, the minutes of the July 1, 2002 Special Council Meeting, the minutes of the July 2, 2002 Regular Council Meeting and the minutes of the July 16, 2002 Goals and Objectives Workshop were approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 1 of 5 July 23, 2002 The Mayor requested to change the order of the agenda and hear the resolutions in the following order Items 4A, 4D, 4B and 4C and Councilmember Bass requested the addition of a discussion under Item 4C, There was no objection to the agenda changes. 4. RESOLUTIONS: The Attorney 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 OE FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried 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 Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Attorney read the following resolution by title:. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A JOINT PARTICIPATION AGREEMENT;. WITH THE MIAMI-DADE COUNTY PUBLIC SCHOOLS (SCHOOL DISTRICT) FOR THE INSTALLATION OF AN EIGHT (8) INCH SANITARY SEWER FORCE MAIN IN CONJUNCTION WITH THE PROPOSED ADDITION AT THE KEY BISCAYNE COMMUNITY SCHOOL; APPROVING CHANGE ORDER TO THE SCOPE OF WORK , WITH JAMES A. CUMMINGS, INC. TO CONSTRUCT THE FORCE MAIN; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein: Henny Groschel-Becker, 290 West Mashta Drive addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 2 of 5 July 23, 2002 The Attorney read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING A SITE PLAN OF DEVELOPMENT FOR A VILLAGE COMMUNITY CENTER AT 85 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Fried. All witnesses giving testimony in the public hearing were sworn in by the Attorney. Jose Aguila Robert Currie Partnership, Inc., Architect for the project; Todd Hofferberth, Recreation Director; Guillermo Olmedillo, Consultant for the project; Robert Maphis, Vice President of Operations, James A. Cummings, Inc. and Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding the proposed site plan for the Community Center. There was extensive discussion from Council regarding this resolution. The Mayor opened the public hearing. Steve Sonnabend, 5 Coconut Lane; Shirley Feldman, 1121 Crandon Boulevard; Patricia Romano, 361 Beechwood Road; Larry Radzville, 77 Crandon Boulevard; Jorge Mendia, 111 Island Drive; Mary Tataronis, 232 Seaview Drive; Sidney Cooper, 170 Ocean Lane Drive; Ed Meyer, 100 Sunrise Drive; Carol Diaz -Castro, 240 Hampton Lane; Arturo Aballi, 91 Island Drive; Donna Rice, 325 Redwood Lane; Bonnie Cooper, 77 Crandon Boulevard; Henny Groschel-Becker, 290 West Mashta Drive; Diana Garmendia, 881 Ocean Drive; Jim Taintor, 355 Harbor Drive; Jim Leavitt, 240 Island Drive; Mike Kelly, 395 Gulf Road; Steve Simon, 335 Harbor Lane; Camille Guething, 260 Seaview Drive; Jacqueline Sanchez-Volny, 385 Ridgewood Road; Richard Gregory, Key Biscayne; BanyGoldmeir, 1000 Mariner Drive and Luis Arrondo, 350 Grapetree Drive addressed the Council. The. Mayor closed the public hearing.. The Attorney and the Manager addressed the Council regarding this resolution. The resolution was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No. 3 of 5 July 23, 2002 The Attorney read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE NEGOTIATIONS WITH JAMES A. CUMMINGS, INC. FOR A. GUARANTEED MAXIMUM PRICE CONTRACT FOR THE CONSTRUCTION OF ffHE VILLAGE COMMUNITY RECREATIONAL CENTER AND DIRECTING THE VILLAGE MANAGER TO1 IMMEDIATELY- COMMENCE NEGOTIATIONS WITH ROBERT A. CURRIE PARTNERSHIP, INC. FOR AN AGREEMENT FOR THE PREPARATION OF CONSTRUCTION/PERMIT PLANS FOR THE COMMUNITY RECREATIONAL CENTER; PROVIDING FOR AN,EF1'ECIIVE'DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Attorney, the Manager and Director Kurlancheek addressed the Council, regarding this resolution. Carol Diaz -Castro, 240 Hampton Lane; Barry Goldmeir, 1000 Mariner Drive; Jose Aguila, Robert Currie Partnership, Inc.; Arturo Aballi, 91 Island Drive and James Taintor, 355 Harbor Drive Laddressed the Council. There was extensive discussion from Council regarding this resolution. Vice Mayor Oldakowski made a motion to extend the meeting to 11:15 p.m. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The resolution was approved by a 7-0 roll call vote The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 5. ADJOURNMENT: The meeting was adjourned at 11:15 p.m. fully submit ed: 4/ t H. Alvarez, CMC Village Clerk 4 of 5 0 July 23, 2002 Approved this 27th day of August , 2002: Joe I. Rasco 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. S of 5 MINUTES GOALS AND OBJECTIVES WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 16, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:50 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Acting Village Manager Todd Hofferberth, Village Clerk Conchita H. Alvarez and Village Attorney Joe Scrota. The purpose of the meeting was to discuss the Goals and Objectives of the Village Council. The following staff was also present: Director of Building, Zoning and Planning Jud KurIancheek, Chief of Fire Rescue John C. Gilbert, Deputy Chief of Fire Rescue Franklin Barron, Deputy Chief of Police Cathy McElhaney, Public Works Director Armando Nunez and Finance Department Assistant Esther Corsino. After extensive discussion and by consensus, the Council recommended the following goals and objectives: 1. Top Priority (0-12 Months) A. Beautifying and Maintaining All Areas Under Village Control • Continue high level of beautification and maintenance of areas under Village control I of 6 B. Civic Center Community Center • Lobbying efforts to secure outside funds for these projects C. Community Information Strategy and. Action Plan • Continue improving the use of Channel 16 • Adding two PEG channels for the Village • Village Computer System Improvement Program • Emphasis on.. improving web site • Consideration of quarterly newsletter or other means of communication • Press/Media Relations D. Senior Program • Transportation Service • Long Term Policies, E. Crandon Boulevard Beautification and Improvements • Develop Plan • Street Tree Planting • Sidewalks • Re-examine Curbing • Bus Shelters • Sidewalks to State Park •. Crosswalks (including Button Operated Lights) • Signalization • Lights and Landscaping • Develop Crandon Boulevard Master Plan • Study'Seaview/Crandon Boulevard intersection crosswalk F. New Manager • Review Performance • Bi-Annual Performance/Review of Departments G. Park Security • Monitor and Make Recommendations 2 of 6 July 16, 2002 H. Pedestrian Comprehensive Strategy • Re-examine sidewalk plan for West Mashta • Grapetree Street traffic calming • Pedestrian/bicycle safety on roads I. Playing Fields Continue efforts to maintain existing fields on Crandon Park Review development of Calusa Park Pursue inter -local agreement with School Board to develop fields at MAST Academy • Development of playing field at 530 Crandon Boulevard • Lighting Study - Village Green • Continue to develop potential fields on Virginia Key • Continue to review potential use of Miami Rowing Club J. Residential Street Signs • Investigate Replacing Village Street Signs K. Sanitary Sewer Construction Program • Continue to pursue Grants and Secure Federal Funding L. Pathway between Calusa Park and Crandon Park Tennis Center M. Parking • Comprehensive parking plan study • Resident -only parking areas N. Study of Land Acquisition • Easement to Mashta flats • Waterfront property • Mini Parks • Real Estate Exchange 3 of 6 July 16, 2002 0 O. Develop High Quality Key Biscayne Elementary School K-8 • Increased Parking/Feasibility of diagonal parking • New Middle School Building • Partner with Cey Biscayne Convnunity School/PTA/ Miami -Dade County Public Schools P. Grants and Other Funds • Aggressively pursue grants • Secure Causeway funds • Lobbying efforts at the County, State and Federal levels Q. Customer Service • Commitment to excellence, improving customer service IL Review of Noise Ordinance S. Develop Short and Long Term Plan for Fire Rescue Department • Address staffing needs • Plan now to handle City of Miami contract • Equipment Review • Study Charge for Rescue Calls T. Review of Sufficiency of Emergency Fund II. High Priority (12-24 Months) A. Harbor Drive Beautification and Improvements • Restructure from Crandon Boulevard to Femwood Road B. Ocean Lane Drive Street Beautification and Improvements • Reclaim Swales • Sidewalks C. Begin Implementation of Crandon Boulevard Beautification 4of6 July 16, 2002 III. Long Term Objectives (24 Months or More) A. Residential Street Lighting Study (TBD) Village -Wide Lighting Design Study Replacing Existing Lights with Village Character Lights Underground Utilities: Study ($10 M est.) • Explore Financing Options • Holiday Colony Crandon Boulevard Complete at the Same Time as Street Lighting (Item A) C. Sanitary Sewer Program Construction Water Pipe Replacement Funding D. Complete Implementation of Crandon Boulevard Beautification The following residents addressed the C ouncil: A rturo A balli, 91 Island D rive; C Sanchez, 260 Cypress Drive; Ed Meyer, 100 Sunrise Drive; Jorge Picaza, 350 Grapetree Drive and Dan Feeney, Key Biscayne Firefighter. By consensus, the Council directed the Manager to submit a final draft of the 2002 Goals and Objectives with any recommendations or suggestions that the Manager might have. There being no further business, the meeting was adjourned at 10:15 p.m. fully submitted: 7,3 one hita FL Alvarez, CMC Village Clerk 5 of 6 July 16, 2002 Approved this 23rd "daofJuly 2002: Joe I. Rasco Mayor IFAPERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NERD 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. 6of6 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 2, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 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 Scott Bass, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Councilmember Martha F. Broucek was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Jay Weiss and Stephen J. Helfman. 2. INVOCATION: Rabbi Melvin Glazer, Congregation Beth David gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: There were no special presentations. 5. PUBLIC COMMENTS: The following residents addressed the Council: Jim Taintor, 355 Harbor Drive; John Festa, 695 Harbor Court; Camile Guething, 260 Seaview Drive and Carol Diaz - Castro, 240 Hampton Lane. 6. AGENDA: There were no agenda changes. The Attorney addressed the Council requesting an Executive Session regarding two pending litigations of the Coalition vs. Village of Key Biscayne. 1 of July 2, 2002 7. APPROVAL OF MINUTES: Vice Mayor Oldakowski made a motion to approve the minutes of the June 11, 2002 Community Center Workshop, the minutes of the June 11, 2002 Regular Council Meeting and the minutes of the June 17, 2002 Special Council Meeting. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 8. BUILDING ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Clerk. Hearing Number RV 06A. St. Michael Property Holdings, Inc., 100 Crandon Boulevard, the applicant is requesting an extension of time to obtain a building permit to construct an office building after the expiration date for a variance. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval of a four (4) month extension of time to construct an office building after the expiration date of a variance for property located at 100 Crandon Boulevard. The expiration date is July 10; 2002. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Vice Mayor Oldakowski made a motion to approve the request. The motion was seconded by Councilmember Bass and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Hearing Number SP 04A. St. Michael Property Holdings, Inc., 100 Crandon Boulevard, the applicant is requesting an extension of time to obtain a building permit to construct an office building after the expiration date for a site plan. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval of a four (4) month extension of time to construct an office building after the expiration date for site approval for property located at 100 Crandon Boulevard. The expiration date is July 10, 2002. Councilmember Fein made a motion to approve the request. The motion was seconded by Councilmember Bass. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. 2of7 0 July 2, 2002 The motion was approved by a 6-0 roll call vote. The vote was as follows: Councihnembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 9. ORDINANCES: The Clerk read the following ordinance, by title, on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 28 "RETIREMENT," BY AMENDING SECTION 23-38 "DISABILITY," TO PROVIDE ENHANCED DISABILITY RETIREMENT BENEFITS FOR PLAN MEMBERS INJURED IN THE LINE OF DUTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Bass. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Chief of Fire Rescue John C. Gilbert addressed the Council regarding this ordinance., The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading on August 27, 2002. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FUNDING ASSISTANCE FOR VILLAGE OF KEY BISCAYNE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR DISABILITY BENEFIT AS - REPLACEMENT FOR PROVIDING FUNDING FOR DISABILITY INSURANCE; PROVIDING FOR EFFECTIVE DATE. ;Councihnember Bass made a motion to defer the resolution to the August 27, 2002 Council meeting. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-0 voice vote. The vote was as follows: CounciImembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, 3of7 July 2, 2002 FLORIDA; DIRECTING THAT A PUBLIC HEARING BE SCHEDULED FOR PURPOSES OF APPROVING A SITE PLAN FOR THE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fein. Mr. Guillermo Olmedillo, Miami, Florida, presented to the Council an analysis of the seven options prepared for the Community Center: Director Kurlancheek, Michael Lanciault with James A. Cummings, Inc. and Jose Aguila with Robert Currie Partnership, The addressed the Council regarding the proposed parking garage for the Community Center. Attorneys Weiss and Helfman also addressed the Council regarding the proposed parking garage for the Community Center. The following residents addressed the Council: Arturo Aballi, 91 Island Drive; Andy Gordon, 269-Cranwood Drive; Kathy King, 745 Femwood Road; Carol Diaz -Castro, 240 Hampton Lane; Dr. Rafael Perez, 534 Fernwood Road; Carlos Coto, 310 Harbor Court; Cecile Sanchez, 260 Cypress Drive; Jim Taintor, 355 Harbor Drive; Bonnie Cooper, 77 Crandon Boulevard; Jay Swindell, 774 Fernwood Road; Patricia Romano, 3'61 Beechwood; Jim Leavitt, 240 Island Drive; Julie Alvarez, 150 Sunrise Drive; Barry Goldmeir, 1000 Mariner Drive and Dr. Michael Kelly, 395 Gulf Road. Mr. Ken Ballard, Principal, Ballard & King and Associates addressed the Council. There was extensive discussion from Council regarding the different options. Councilmember Fried made a motion to implement Option 3 (attached for the record) relating to the siting of the Community Center. The motion was seconded by Councilmember Fein. Mr. Randy White, Finance Director addressed the Council regarding the debt cap. Todd Hofferberth, Recreation Director addressed the Council regarding the proposed Community Center. Vice Mayor Oldakowski made a motion to extend the meeting to 11:20 p.m. The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 4 of 7 July 2, 2002 The resolution was approved by a5-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No. It was the consensus of Council to schedule a Special Council Meeting to hold the public hearing regarding the Community Center Site plan, on Tuesday, July 23, 2002 at 7:00 p.m. 1 1. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Fried made a motion to authorize the Clerk to use a signature stamp. Director White addressed the Council regarding the signature stamp. It was the consensus of Council to direct staff to prepare a resolution authoring the Clerk to use a signature stamp and to authorize the Manager to sign checks, in the absence of the Clerk, and bring it before Council at the next Council meeting. Councilmember Bass presented to the Council a Citgo Gas Station purchase timeline. Mayor Rasco made a motion to instruct staff to prepare a formal resolution supporting the transportation tax. The resolution should include the Village's position supporting the Dade League of Cities efforts pursuing County approval of this issue. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Mayor Rasco made a motion to instruct staff to look into drafting a resolution petitioning the Board of County Commissioners of Miami -Dade County to delegate to the Village certain specific responsibilities for the control of traffic on municipal streets. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Village Attorney. The Attorney addressed the Council regarding The Gardens litigation approval of proposed settlement. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE SETTLEMENT OF THE LITIGATION STYLED THE GARDENS OF KEY BISCAYNE/ALHAMBRA ASSOCIATION, INC. V. KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP AND THE VILLAGE OF KEY BISCAYNE, Sof7 July 2, 2002 CIRCUIT COURT CASE NO: 99-28280 CA 06; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO TAKE ALL STEPS NECESSARY TO IMPLEMENT THE SETTLEMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councihnember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor llasco voting Yes. The Attorney addressed the Council regarding Council initiated referenda. Village Clerk. The Clerk presented to the Council a memorandum from Miami -Dade County Elections Department regarding special election ballot instructions. The Clerk submitted to the Council, for their information, a memorandum regarding vacation time, in July 2002. Village Manager. The Manager addressed the Council recommending the purchase of supplemental furniture for the new Council Chamber, Fire Station and Police/Administration Buildings. Vice Mayor Oldakowski made a motion to approve the purchase of supplemental furniture. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Manager addressed the Council requesting approval for the temporary installation of field goal posts on the Village Green. Councilmember Fein made a motion to approve the temporary installation of field goal posts on the Village Green. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Manager addressed the Council requesting authorization to purchase one Medtronic Physio- Control Lifepak 12 for the Fire Rescue Department. Vice Mayor Oldakowski made a motion to approve the purchase of one Medtronic Physio-Control Lifepak 12. The motion was seconded by Councilmember Fein. Chief Gilbert addressed the Council regarding this issue. 6of7 July 2, 2002 The motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. It was the consensus of Council to direct staff to look into purchasing a second Medtronic Physio- Control Lifepak 12 and report back to Council. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business 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 11:45 p.m. Re i ec fully submitted: onchita H. Alvarez, CMC Village Clerk Approved this 23rd day of July , 2002: Joe L Rasco 11 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. 7of7 r c' ,:,ai - FEfl�NWdQp R(7A0 ISi SCA LE; - 1"agp UJ AREAS 1ST FL GROSS 2ND FL OROSS TOTAL 29,648 SF 10,122 SF 39,870 SF ROBERT CURR IE PARTNERSHIP, INC. Arc hite cts, Plan ne rs & Interior Design ers 7/7102 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, JULY 1, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The Vice Mayor called the meeting to order at 8:10 am. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters and Vice Mayor Robert Oldakowski. Mayor Joe I. Rasco was absent. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorneys Stephen J. Hel&uan, Elaine Cohen and Mitchell J. Burnstein. 2. PLEDGE OF ALLEGIANCE: Vice Mayor Oldakowski led the Pledge of Allegiance. Councilmember Fried made a motion to approve the following resolution. The motion was seconded by Councihnember Bass. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN UNITED CAPITAL MARKETS, INC., A FLORIDA CORPORATION, AND THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE. I oft Joe L Rasco Mayor July 1, 2002 0 There was extensive discussion from Council regarding this resolution. The following residents addressed the Council.- Dr. Robert Maggs, 155 Ocean Lane Drive and Mr. Michael Kahn, 881 Ocean Drive. The resolution was approved by a S-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters and Vice Mayor Oldakowski voting Yes. Councilmember Fein voting No. 3. ADJOURNMENT: The meeting was adjourned at 8:46 am. R = pec fully submi 'd: on ha II. Alvarez, CMC Village Clerk Approved this. 23rd day of July , 2002: IFAPERSONDECIDES TO APPEAL ANY DECISIONMADE 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 TIMT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RE INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS• TO BE BASED: MINUTES BUDGET WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JUNE 27, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councihnembers Scott Bass, Martha F. Broucek, Mortimer Fried, James L. Peters and Mayor Joe L Rasco. Councilmember Alan H. Fein and Vice Mayor Robert Oldakowski was absent. Also present were Village Manager Jacqueline R. Menendez,, Village Clerk Conchita H. Alvarez and Village Attorney Stephen P. Helfrnan. Mayor Rasco 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 Chief of Fire Rescue Franklin Barron, Chief of Police Michael J. Flaherty, Public Works Director Armando Nunez and Finance Director Randy White. Mr. White, Finance Director, Moyer & Associates made a presentation to the Council regarding the proposed budget. 1 oft June 27, 2002 It was the consensus of Council to request from staff the addition of the following columns to the next budget presentation: adopted 2001; actual 2001; adopted 2002, year to dhte 2002 and proposed 2003. The following residents addressed the Council: Ed Meyer, 100 Sunrise Drive; Cecile Sanchez, 260 Cypress; Carlos Coto, 310 Harbor Drive and Linda Davitian, 720 Myrtlewood Lane. The Clerk addressed the Council regarding the Elections line item in the Clerk's proposed budget; the Attorney, Directors Nunez, Hofferberth, ICurlancheek and Chiefs Barron and Flaherty addressed the Council regarding their respective proposed budgets. 3. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 4. ADJOURNMENT: The meeting was adjourned at 9:44 p.m. ectfully sub stied: Conchita IL Alvarez, CMC Village Clerk actr Approved this 23rd day of ul 2002: Joe I. Rasco 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, 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. 2of2 0 Ii MINUTES SPECIAL COUNCIL MEETING. VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, JUNE 17, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 8:19 am. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters and Mayor Joe L Rasco. Vice Mayor Robert Oldakowski was absent. Also present were Village Manager Jacqueline R. Menendez and Village Attorneys Joseph Serota and Mitchell J. Burnstein. The Mayor addressed the Council stating that the purpose of this meeting is to discuss the acquisition of the Citgo Gas Station property. Mayor Rasco also stated that this property is a very important public, open space that is critical to the Village and a necessary element in completing the Civic Center. Mayor Rasco made a motion to purchase the Citgo property under eminent domain. The motion was seconded by Councilmember Bass. Attorneys Serota and Burnstein addressed the Council regarding the eminent domain process. There was extensive discussion from Council on this issue. The following residents addressed the Council: Jo tin F esta, 6 95 H arbor Lane; C amille Guething, 260 Seaview Drive; Michael Kahn, 881 Ocean Drive and Carol Diaz -Castro, 240 Hampton Lane. 1 of 2 hie June 17, 2002 The Attorney clarified the Mayor's original motion as follows: 1. The Village Manager and Village Attorney shall notify the current owner of the Council's intent to acquire the parcel by voluntary conveyance or eminent domain; 2. The Village Manager and Village Attorney shall retain an appraiser to prepare a new appraisal of the parcel in order to negotiate in good faith with the current owner and 3, The Village Manager and Village Attorney shall comply with the provisions of Section 73.015 Florida Statutes, and take such further action as is reasonably required to fully accomplish this purpose. The motion was approved by a 6-0 roll call. The vote was as follows: Cou ncilmembers Bass, Broucek, Fein, Fried, Peters and Mayor Rasca voting Yes: 2. ADJOURNMENT: The meeting was adjourned at 9:45 a.m. Re fully submitted: no Chita H. Alvarez, CMC Village Clerk Joe T. Rasco Mayor Approved this 2nd day 'FA 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. 2 of 2 0 it MINUTES COMMUNITY CENTER WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 11, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager Jacqueline R. Menendez, Village Chic Conchita H. Alvarez and Village Attorneys Joseph H. Serota and Stephen J. Hoffman. Father Jose Luis Hernando, Saint Agnes Church, gave an invocation. Mayor Rasco led the Pledge of Allegiance. The Mayor welcomed the public to the Community Center Workshop. The following staff was also present: Director of Building, Zoning and Planning Jud Kurlancheek, Director of Recreation Todd Hofferberth, Chief of Fire Rescue John C. Gilbert, Deputy Chief of Police Cathy McElhaney and Finance Director Randy White. Village Attorney Serota addressed the Council regarding the Community Center Committee. Director Kurlancheek addressed the Council regarding the analysis and recommendations prepared by staff regarding the Community Center Committee recommendations. I of June 11, 2002 Director Hofferberth addressed the Council giving a summary of the Community Center Pro - Forma and Business Plan and the Impact of the Survey. Director White addressed the Council giving a Financial and Debt Analysis for the proposed Community Center. Mr. Robert G. Currie, Principal, Robert G. Currie Partnerships, addressed the Council and the public regarding the Community Center plan and a review of alternatives. Michael F. Lanciault, Sr. Vice President, James A. Cummings, Inc. addressed the Council addressed the Council and the public regarding the estimated cost of construction for the proposed Community Center. The Attorney addressed the Council giving the opinion that the Finance Department has correctly considered and calculated the debt of the Village in accordance with the specific definition of"debt", as provided in Village Charter Section 4.10. Mr. Joseph Corradino, The Corradino Group addressed the Council regarding the Civic Center and Community Center Parking Study. Mr. Christopher Tatham, President, ETC Institute, Leisure Services addressed the Council regarding the Community Center Survey results. Mayor Rasco opened the floor for discussions. The following residents addressed the Council: Arturo Aballi,- 91 Island Drive; Carol Diaz -Castro, 240 Hampton Lane; Patricia Romano, 361 Beachwood; Andy Gordon, 269 Cranwood; Ed Meyer,, 100 Sunrise Drive; James Taintor, 355 Harbor Drive; Bob Vernon, 475 Ridgewood Road; Jorge Mendia, 111 Island Drive; Blanca Mesa, 544 Femwood Road; Dick Gregorie, Key Biscayne; Camille Guething, 260 Seaview Drive; Susan Krupnick, Key Biscayne; Jim Leavitt, 240 Island Drive; Barry Gotdmeir, 1000 Mariner Drive; Pat Weinman, 940 Manner Drive and Julie Alvarez, 150 Sunrise Drive. There being no further business, the meeting was adjourned at 9:25 p.m. Conchita H. Alvarez, CMC Village Clerk 2 of 3 June 11, 2002 Approved this 2nd day of July . 2002: Joe L Rasco 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. 3 of MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 11, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 9:40 p.m. Present were Councilmembcns Scott Bass, Martha F. Broucek, Alan H. Fein (arrived at 10:15 p.m.), Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Joseph H. Serota. 2. SPECIAL PRESENTATIONS: There were no special presentations. 3. AGENDA: Vice Mayor Oldakowski requested the addition of a discussion regarding the proposed Community Center as Item 10A3 and Councilmember Bass requested to add a brief comment regarding the Citgo Station as Item 10A4. There was no objection to the agenda changes. 4. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the Regular Council Meeting of May 14, 2002 and the minutes of the Zoning Meeting of May 28, 2002. 1of5 June 11, 2002 5. ORDINANCES: There were no ordinances on first reading considered by Council. 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 AMENDING CHAPTER 2 "ADMINISTRATION" BY CREATING ARTICLE VII "BOARDS," DIVISION 1 "CAPITAL IMPROVEMENT ADVISORY BOARD," SECTION 2-201 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-202 "TERM OF OFFICE," SECTION 2-203 "ADVISORY CAPACITY," SECTION 2-204 "RULES, OF PROCEDURE," SECTION 2-205 "JURISDICTION," SECTION 2-206 "STANDARDS OF CONDITCT'FORMEMBERS," TO PROVIDE FOR CREATION AND DUTIES OF CAPITAL IMPROVEMENT ADVISORY BOARD FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR INCLUSION IN CODE, SEVERABILITY, AND EFFECTIVE DATE;; Councilmember Bass made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember'Peters. The Mayor opened the public hearing. Michael Kahn, 881 Ocean Drive and Susan Krupnick, Key Biscayne addressed the Council The Mayor closed the public hearing The ordinance failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Bass, Peters, and Mayor Rasco voting Yes. Councilmembers Broucek, Fried and Vice Mayor Oldakowski voting No. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100(0(3) OF THE ZONING AND LAND DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM PROJECTION OF DOCKS AND RELATED MARINE STRUCTURES INTO BISCAYNE BAY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE DATE Vice Mayor Oldakowski made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek. Director Kurlancheek addressed the Council regarding this ordinance. The Mayor opened the public hearing. James Taintor, 355 Harbor Drive addressed the Council. The Mayor closed the public hearing. 2of5 0 0 0 June 11, 2002 Councilmember Fried made an amending motion to delete "dock line" and insert "bulkhead" in subsection 4. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters made an amending motion to add "Village Waterways and" to the title. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes: Vice Mayor Oldakowski made an amending motion to add "and must be docked parallel to the bulkhead" and the end of subsection 3. The motion was seconded by Councilmember Peters and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters and Vice Mayor Oldakowski voting Yes. Mayor Rasco voting No. Vice Mayor Oldakowski made an amending motion to delete the last sentence of subsection 4. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The ordinance as amended was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 6. RESOLUTIONS: There were no resolutions considered by Council. 7. REPORTS AND RECOMMENDATIONS: The following items were discussed: At this time Item 10D I under the Village Manager was heard. The Manager addressed the Council recommending a six-month trial transportation program for senior residents on Key Biscayne. Roxy Lohuis, Coordinator of Senior Services, addressed the Council regarding this issue. Councilmember Fried made a motion to adopt and implement the recommendations from the Manager regarding senior transportation, as stated in her memorandum to the Village Council of June 11, 2002 for a 6 months trial period at a cost not to exceed $12,470. The motion was seconded by Councilmember Broucek. Larry Radzville, 77 Crandon Boulevard and Michael Kahn, 881 Ocean Drive addressed the Council. The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, 3of5 June 11, 2002 Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Mayor and Councilmembers. Vice Mayor Oldakowski addressed the Council regarding establishing a framework for Council initiated referenda. It was the consensus of Council to direct the Attorney to look into this matter and report back to Council at the July 2, 2002 Council Meeting: Vice Mayor Oldakowski addressed the Council regarding re -zoning of the 700 block ofFernwood Road from duplex to, single-family. Director Kurlancheek addressed the Council regarding this issue. Councilmember Broucek made a motion to extend the meeting to 11-:20 p.m. The motion was seconded by Vice Mayor Oldakowski and approved by a 5-2 voice vote: The vote was as follows: Councilmembers Broucek, "Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass and Fried voting No. Kathy King, 745 Fernwood Road and Michael Kahn, 881 Ocean Drive addressed the Council. It was the consensus of Council to direct the Attorney to look into this matter. Vice Mayor Oldakowski requested consensus from Council to direct the Manager to bring back a recommendation to the Council at the July 2, 2002 regarding the Community Center. There was no objection from Council regarding this request. Councilmember Fein excused himself from the meeting at 11:00 p.m. Councihnember Bass addressed the Council regarding the purchase of the Citgo Gas Station. 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 months of May and June: proclaiming May 20, 2002 as Cuba's Centennial Commemorative Day; proclaiming May 29, 2002 as Darlene Mooney Day and proclaiming Dr. James W. Moye. Village Manager. The Manager addressed the Council proposing Tuesday, July 2, 2002 to hold a Budget Workshop before the Regular Council Meeting. The Clerk was directed to work with the Manager on another date to hold this workshop. 4 of 5 June 11, 2002 8. PUBLIC COMMENTS: Pat Weinman, 940 Mariner Drive; Bonnie Cooper, 77 Crandon Boulevard; Sally Brody, 180 Harbor Drive; Susan Krupnick, Key Biscayne and Carol Diaz -Castro, 240 Hampton Lane addressed the Council. Councilmember Bass made a motion to extend the meeting to 11:22 p.m. The motion was seconded by Vice Mayor Oldakowski and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass voting No. 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 11:22 p.m. ally subm' ed: onchita H. Alvarez, CMC Village Clerk Approved this 2nd day of July 2002: Joe L Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER CONSIDERED AT 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. 5of5 MINUTES ( LOCAL PLANNING AGENCY MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 28, 2002 COUNCIL CHAMBER 85 WET.MCINTYRE STREET, SECOND FLOOR 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 Scott Bass, Martha F. Broucek, Mortimer Fried (arrived at 7:05 p.m.), James L. Peters, Vice Mayor Oldakowski and Chairman Joe L Rasco. Councilmember Alan H. Fein was absent. Also present were Village Manager JacquelineR. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. 2. APPROVAL OF MINUTES: Councilmember Bass made a motion to approve thdinmutes of the April 23, 2002 Local Planning Agency Meeting. The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote. The vote was as follows: Councibnembers Bass, Broucek, Peters, Vice Mayor Oldakowski and Chai nnan Rasco voting Yes. ORDINANCES: A public hearing and recommendation of the Village Council sitting as the Local Planning Agency on the following proposed ordinance: AN ORDINANCE OF THE VILLAGE OF KEY B ISCAYNE, FLORIDA, AMENDING SECTION 30-100(1)(3) OF THE ZONING AND LAND DEVELOPMENT REGULATIONS RELATING TO TITF MAXIMUM PROJECTION OF DOCKS AND RELATED MARINE STRUCTURES INTO THE ATLANTIC OCEAN AND BISCAYNE BAY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE DATE. 1 oft May 28, 2002 Councihuember Broucek made a motion recommending the adoption of the ordinance to the Village Council. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Cauneilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Chairman Rasco voting Yes. 3. ADJOURNMENT: The meeting was adjourned at 7:07 p.m. Res idly submitted: Conchita H. Alvarez, CMC Village Clerk Approved this 28th day of January , 2003: 44,0 L Ge✓fs — Robert Oldakowski" Chairman IFA PERSONDECIDESTO APPEAL ANY DECISION MADEBYTHE 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 R ECORD OF.THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 28, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:07 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager Jacqueline R. Menendez, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Councihnember Broucek requested the addition of a discussion regarding work being done by Miami -Dade County at the end of Ocean Lane Drive as Item 8A1. 4. SPECIAL PRESENTATIONS: Todd Hofferberth, Recreation Department Director introduced Mr. Christopher E. Tatham, Leisure Vision. Mr. Tatham presented to the Council and the public the Community Center Survey preliminary results. Bob Libby, 200 Ocean Lane Drive addressed the Council: 5. BUILDING, ZONING AND PLANNING: Hearing Number It -10. Finlay B. Matheson, 480 W. Matheson Drive, the applicant is requesting approval of variances associated with the retention of an existing single family home that will be retained as an accessory structure when a new single family home is constructed and the height of a perimeter wall in the waterfront rear zone. The variances are listed below: 1 of 6 May 28, 2002 1. Permit an accessory structure to have 472 sq. ft. where the zoning regulations permit 200 sq. ft. 2. Waive 4 ft. 8 in. of the required 15 ft. East side yard setback for an accessory structure to have a 10 ft. 4 in. setback. 3. Waive 3 ft. 6 in. of the required 10 ft. rear yard setback for an accessory structure to have a 6 ft. 6 in. setback. , 4. Waive 12 ft. 6 in. of the required 25 ft. view corridor to permit an accessory structure with a 12 ft. 6 in. view corridor. 5. Exceed the maximum wall height of 10 II. above the base flood elevation by 2 ft. 3 in. to permit a wall height of 12 ft. 3 in. 6. Exceed the 4 ft. maximum height of a perimeter wall in the waterfront rear zone by 2 ft. in order to permit a 6 ft. wail. Councilmember Fein excused himself from the hearing due to a voting conflict of interest. (Please see Form 8B attached for the record). 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. Prior to the issuance of a building permit, the applicant shall record in the public records of Miami -Dade County the attached resolution. 2. The boat house is considered a historic structure as it (1) may be the last remaining structure of its kind on the island; and, (2) is located on land that was owned by the Matheson family since 1909. 3. The boat house shall not be demolished unless a demolition order is approved by the Village Council. The order shall only be issued following a public hearing the notice procedures consistent with regulatory variances. 4 A marker shall be placed on the property which recites the historic importance of the site and the .boat house. Improvements to the boat house must be consistent with the original design of the structure. 2of6 May 28, 2002 Councilmember Fried made a motionto approve the variances according to staffs recommendations. The motion was seconded by Mayor Rasco. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The request was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. ORDINANCES: The Clerk read the following ordinance, on first reading, by title. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100(0(3) OF THE ZONING AND LAND DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM PROJECTION OF DOCKS AND RELATED MARINE STRUCTURES INTO THE ATLANTIC OCEAN AND BISCAYNE BAY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried. Director Kurlancheek addressed the Council regarding this ordinance. The Mayor opened the public hearing. Finlay B. Matheson, 480 West Matheson Drive; Jim Taintor, 355 Harbor Drive; Glen A. Larson, Dock and Marine Construction, Miami addressed the Council. The Mayor closed the public hearing. Vice Mayor Oldakowski made an amending motion to eliminate "the Atlantic Ocean" throughout the ordinance. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass made an amending motion to allow mooring buoys beyond the 25 ft. from the bulkhead. The motion was seconded by Councilmember Fried and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters and Mayor Rasco voting Yes. Vice Mayor Oldakowski voting No. The ordinance as amended was adopted on first reading by a 7-0 roll call vote.. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading on June 11, 2002. 3of6 May 28, 2002 0 :;TheClerk read -the following ordinance, on second reading, by title: AN 0 RDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING T.SECTION 30-197 "SUPPLEMENTAL REGULATIONS" OF CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF KEY BISCAYNE TO REGULATE SIGNAGE ON GOLF CARTS; AMENDING SECTION 30-11 zREGARDING THE DEFINITION OF VEHICLE SIGN, AMENDING SECTION 26-23 OF CHAPTER 26 "-TRAFFIC AND VEHICLES" TO.ADDD ;PARAGRAPH (CI REGARDING PARKING OF GOLF CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES; AND, PROVIDING AN EFFECTIVE DATE. .d made.motion to adopt the ordinance on second reading. The motion was aember Fein. ,'Directo;,K,urfauclreeleaddressed the Council regarding, this ordinance. Councilmember Peters made,an amending motion to eliminate the permitting process. The motion was seconded by Councdmember Bass and approved by a 7 -ti voice.vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Mayor opened the public hearing. Patricia Romano, 361 Beechwood, Patricia Riestra Villa, 150 Ocean Lane Drive and Jim Taintor, 355 Harbor Drive addressed the Council. The Mayor closed the public hearing, Councilmember Bass made an amending motion to allow signs on top of golf carts to be 6" high and 2' long. The motion was seconded by Councilmember Peters and failed by a 2-5 voice vote." The vote was as follows: Councilmembers Bass and Peters voting Yes. Councilmembets Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting No. The ordinance as amended was adopted on second reading by a,7-0 roll call vote. The vote was as , follows: Councihnembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes; 7. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING RESOLUTION NO.2002-02 TO INCLUDE THE EXPENDITURE OF FUNDS FOR PHASE I AND SITE INFRASTRUCTURE WORK FOR THE CIVIC CENTER TO INCLUDE TELECOMMUNICATIONS, CABLING, AND RELATED WORK 4-of6 May 28, 2002 WITHOUT INCREASING THE BUDGET FOR SAID PHASE I WORK; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Director Kurlancheek addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice voter The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 8. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Broucek addressed the Council regarding the work being done by Miami -Dade County at the end of Ocean Lane Drive requesting that the Manager contact the appropriate Department at Miami -Dade County in order to expedite this work. There was no objection to the request. Village Attorney. The Attorney did not submit a report. Village Clerk. The Attorney did not submit a report. Village Manager. The Manager addressed the Council regarding the presentation of the survey preliminary results by Leisure Vision and the other items on the report submitted to Council by the Community Center Committee. Vice Mayor Oldakowski requested to meet at 6:00 p.m. on June 1 I, 2002 to discuss the Community Center. There was no objection to the request. 9. OTHER BUSINESS/GENERAL DISCUSSION: Councilmember Fein addressed the Council regarding graffiti on the walls at the Arcade Shopping Center. 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 9:45 p.m. 5of6 May 28, 2002 Approved thisa day oflune, 2002: Joe L:Rasco; Mayor IFA PERSON DECIDES TO APPEAL ANY BECISJON MA DE BY THE VILLAGE COUNCIL WITH RESPECT TOANY 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. 6of6 a MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 14, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by e Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein ortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager Jacqueline R. Menendez and Village Attorney Richard Jay Weiss. 2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church gave an avocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. SPECIAL PRESENTATIONS: On behalf of the Village Council, the Mayor presented a proclamation to the American Legion Auxiliary proclaiming May 20 - 27, 2002 as Poppy Week in Key Biscayne. Mr. James DeCocq, Consultant, gave an update report on the Beach Renourishment Project. Mayor Rasco, announced the passing away of the Clerk's mother expressing condolences, on behalf f the Council, to Ms.. Alvarez and her family. 1 of 6 May 14, 2002 PUBLIC COMMENTS: John Rosser, 300 Redwood Lane addressed the Council. 6. AGENDA: Councilmember Peters requested the deferral of Items 8A1 and 9A; Councilmember Fein requested to hear Items 9B and 10A4 at the same time and the Manager requested the deferral of Item 10D1 to the next meeting There was no objection to the agenda changes. 7. CONSENT AGENDA: Vice Mayor Oldakowski requested that a scriveners error on page 2 of the April 30, 2002 minutes be corrected. The following consent agenda was approved by unanimous consent: The minutes of the Zoning Meeting of April 23, 2002 and the minutes of the Special Council Meeting of April 30, 2002, as amended. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 13 THROUGH MAY 17, 2002 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES: The Attorney read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY CREATING ARTICLE VII "BOARDS," DIVISION 1 "CAPITAL IMPROVEMENT ADVISORY BOARD," SECTION 2-201 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-202 "TERM OF OFFICE," SECTION 2-203 "ADVISORY CAPACITY," SECTION 2-204 "RULES OF PROCEDURE," SECTION 2-205 "JURISDICTION," SECTION 2-206 "STANDARDS OF CONDUCT FOR MEMBERS," TO PROVIDE FOR CREATION AND DUTIES OF CAPITAL IMPROVEMENT ADVISORY BOARD FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR INCLUSION IN CODE, SEVERABILITY, AND EFFECTIVE DATE'. Councilmember Bass made a motion to adopt the ordinance on first reading. The motion was seconded by Couneilmember Peters. The Attorney addressed the Council regarding this ordinance. There was extensive discussion from Council regarding this ordinance. The Mayor opened the public hearing. Ed Meyer, 100 Sunrise Drive; Pat Weinman, 940 Mariner Drive addressed the Council. The Mayor closed the public hearing. 2of6 0 May 14, 2002 Councilmember Fein made an amending motion to exclude the Recreation Center Project from the review of this committee. The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes Councilmember Broucek voting No. Vice Mayor Oldakowski made a motion to reduce the number of members to five (5). The motion was seconded by Councilmember Bass. Vice Mayor Oldakowski withdrew his motion. Councilmember Fein made an amending motion to change the number of members to be equal to the number of Councilmembers. The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. Councilmember Peters made an amending requiring each Councilmember to appoint one member to the Committee. The motion was seconded by Councilmembers Bass and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Broucek and Fried voting No. Councilmember Fein made an amending motion to limit the amount to $500,000 minimum on capital projects coming before the Board. The motion was seconded by Councilmember Bass. Councilmember Bass withdrew his second to the motion: Mayor Rasco made an amending motion to eliminate the two-thirds (2/3) vote requirement in Section 2-201. Creation, composition and Qualifications, subsection (c). The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. Mayor Rasco made an amending motion to limit re -appointments to one time in Section 2-202. Term of office. The motion was seconded by Councilmember Bass and approved bya 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayo Rasco voting Yes. Councilmember Broucek voting No. Councilmember Fein made an amending motion to remove items (1) and (2) under Section -2-205. Jurisdiction. The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein;' Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. The ordinance as amended was approved by a 4-3 roll call vote: The vote was as follows: Councilmembers Bass, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councihnembers Broucek, Fein and Fried voting No. 3of6 May 14, 2002 RESOLUTIONS: The Attorney read the following resolution by. title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISSCAYNE, FLORIDA; APPROVING SPECIFIC RECOMMENDATIONS MADE BY THE COMMUNITY CENTER COMMITTEE; DIRECTING THE VILLAGE MANAGER TO ,PREPARE. • AND IMPLEMENT A STRATEGY THAT RESULTS, IN THE COMMENCEMENT OF CONSTRUCTION OF THE COMMUNITY CENTER BY OCTOBER 1, 2002 IF THE SURVEY SUPPORTS THE CONSTRUCTION OF SAID CENTER; PROVIDING FOR AN EFFECTIVE DATE. ac! Council Fein made a motion to approve the resolutio vas seconded Andrew Gordon., 269 Cranwood Drive; James Taintor, 355 Harbor Drive; Pat Weinman, 940 ,Mariner Drive; addressed the. Cotmcil_ There was extensive discussion from Conn e lregarding this resolution. Director Kurlancheekaddressed the Council regarding this resolution. Vice Mayor Oldakowski made an amendingmotion to delete Section 1. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The vote was as follows: Couneiimembers Bass, Broucek, Fein, Feed; Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. REPORTS AND RECOMMENDATIONS: The following items were discussed; Mayor and Councihnembers. Vice Mayor Oldakowski addressed the Council regarding scheduling a Goals and Objectives Workshop. It was the consensus of Council that the Clerk look into the calendar of meetings and propose a date for the workshop.. , Vice Mayor Oldakowski addressed the Council regarding the twelve month evaluation of the Village Clerk. Vice Mayor Oldakowski made a motion to increase the Clerk's salary to, $66,000 effective April 1, 2002. The motion was seconded by Councihnember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski 4of6 0 0 May 14, 2002 and Mayor Rasco voting Yes. Mayor Rasco addressed the Council regarding the EENR Steering Committee Meeting activities to be held in Key Biscayne on May 30-31, 2002. Councihnember Fein addressed the Council regarding the ticketing of cars at KBAC baseball games and other events. It was the consensus of Council to direct staff to look into this issue and bring a recommendation to Council at a future meeting. Village Attorney. The Attorney addressed the Council requesting an Executive Session regarding three pending litigations of the Coalition vs. Village of Key Biscayne. Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the months of April and May, 2002: proclaiming the week of April 14-20, 2002 as National Library Week in the Village of Key Biscayne; proclaiming April 24, 2002 as Bill Croysdale Day; proclaiming the month of May as Civility Month and proclaiming May 19-25, 2002 as Emergency Medical Services Week. Village Manager. The Manager deferred the Senior Transportation item. 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 9:40 p.m. ully sub „e Conchita H. Alvarez, CMC Village Clerk 5of6 May 14, 2002 Approved this 11 th day oofJune , 2002: Joe L Rasco Mayor IFA PERSON DECIDES TO APPEAL ANYDECISIONMADEBYTHE PILLAGE 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 TESTJMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6 MINUTES SPECIAL COUNCIL MEETING, VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 30, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR L CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 8:07 a.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein (arrived at 8:10 a.m.), Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I: Rasco. Also present were Village Clerk Conchita H. Alvarez and Village Attorney Richard ay Weiss. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the April 16, 2002 Special Council Meeting: The motion was seconded by, Vice Mayor Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters. Vice Mayor Oldakowski and Mayor Rasco voting Yes. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 2.07 "NO COMPENSATION; REIMBURSEMENT FOR EXPENSES" TO READ SECTION 2.07 "COMPENSATION; REIMBURSEMENT FOR EXPENSES," TO PROVIDE FOR PAYMENT OF ANNUAL SALARY FOR MAYOR AND COUNCIL MEMBERS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS, PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. I of April. 0, 2002 Vice Mayor Oldakowski 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 hearing. Vice Mayor Oldakowski made an amending motion to eliminate the .00 throughout the ballot language and the Charter. The motion was seconded by Councilmember Fein and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Broucek; Fein, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass, Fein and Peters voting No: The ordinance was adopted on second reading by a 5-2 roll call vote. The vote was as follows: Couneilmembers Bass, Broucek, Peters, Vice Mayor CXdakowski and Mayor Rasco voting Yes. Councilmembers Fein and Fried voting No. RESOLUTIONS: The Clerk read the following resolution by title: 'ARESOLU'FION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JULY 9, 2002 BY MAIL BALLOT PROCEDURE; PROVIDING FOR CHARTER AMENDMENTS PROPOSED BY THE VILLAGE COUNCIL CONCERNING AMENDING SECTION 2.07 "NO COMPENSATION, REIMBURSEMENT FOR EXPENSES" TO READSECTION 2.07 "COMPENSATION; REIMBURSEMENT FOR EXPENSES," TO PROVIDE FOR 'PAYMENT OF ANNUAL;/ SALARY FOR MAYOR' AND COUNCIL MEMBERS; ' PROVIDING FOR REQUISITE BALLOT PROVIDING FOR PROCEDURE 'IFOR ' MAIL EALLOTING, lPROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE Councilmember Bass made a motion to approve fhe resolution. The motion was seconded by Councilmember Fried. The Attorney addressed the Council regarding this resolution. The resolution was approved'by a 64 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein ^ x Y ^ voting No. 2 of 4 3 April 30, 2002 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JULY 9, 2002, BY MAIL BALLOT PROCEDURE; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THE KEY BISCAYNE CHARTER REVISION COMMISSION PURSUANT TO FINAL REPORT OF APRIL 2002; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; REPEALING AND SUPERSEDING "RESOLUTION NO.2002-17 ON THE SAME SUBJECT MATTER TO REVISE ELECTION DATE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Councilmember Fried. The Attorney addressed the Council regarding this resolution. Councilmember Fein made an amending motion to delete the word "desires" from the second iereas clause and insert "is required": The motion was seconded by Councilmember Peters and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Peters made an amending motion to amend question 5 to add the following sentence at the end of the ballot language: "The total number of consecutive years that a Council Member may serve remains eight years". The motion was seconded by Vice Mayor Oldakowski and approved by a 6-1 voice vote. The vote Was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass voting No. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. ADJOURNMENT: The meeting was adjourned at 8:44 a.m. 3 of April 30, 2002 ,w °t Conchita H. Alvarez, CIVIC f. Village Clerk Joe L>Rasco, 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, -MA 1NEED TO. ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS i MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EViDENCE tTPON WHICH ,THE APPEAL IS TO BE BASED. 4 of 4 D MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 23, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Chairman at 7:05 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Mortimer Fried, James L. Peters, Vice Mayor Oldakowski and Chairman Joe I. Rasco. Councilmember Alan H. Fein was absent. Also present were Interim Village Manager James Ward, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. 2. APPROVAL OF MINUTES: Councihnember Broucek made a motion to approve the minutes of April 9, 2002 Local Planning Agency Meeting. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek,'Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 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 30-197 "SUPPLEMENTAL REGULATIONS" OF CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF KEY BISCAYNE TO REGULATE SIGNAGE ON GOLF CARTS; AMENDING SECTION 30-11 REGARDING 1'HE DEFINITION OF VEHICLE SIGN; AMENDING SECTION 26-23 OF CHAPTER 26 "TRAFFIC AND VEHICLES" TO ADD PARAGRAPH (C) REGARDING PARKING OF GOLF CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES; AND PROVIDING AN htiECTIVE DATE, 1 oft Vice Mayor Oldakowski made a motion recommending the adoption of the ordinance to the Village Council. The motion was seconded by Councilmember Fried. The Mayor continued the public hearing. There were no speakers present. The Mayor closed the public hearing. The motion to recommend the adoption of the ordinance was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Itasca voting Yes. ADJOURNMENT: The meeting was adjourned at 7:10 p.m. ita H. Alvarez, CMC Village Clerk Approved this 28th day of May , 2002: Joe I. Rasco Chairman IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY 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, 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. 2of2 0 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 23, 2002 COUNCIL CHAMBER 85 WEST-MCINTYRE STREET, SECOND FLOOR , CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:11 p:m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein (arrived at 7:20 p.m.), Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Interim Village Manager James Ward, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. AGENDA: There were no agenda changes. 4 CONSENT AGENDA: Councilmember Broucek made a motion to approve the minutes of the April 3, 2002 Special Council Meeting and the minutes of the April 9, 2002 Regular Council Meeting. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-0 voice, vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN 0 RDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION30-197 "SUPPLEMENTAL REGULATIONS" OF CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF KEY 1 of April23, 2002 BISCAYNE TO REGULATE SIGNAGE ON GOLF CARTS; AMENDING SECTION 30-11 REGARDING THE DEFINITION OF VEHICLE SIGN; AMENDING SECTION 26-23 OF CHAPTER 26 "TRAFFIC AND VEHICLES" TO ADD PARAGRAPH (C) REGARDING PARKING OF GOLF CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. Councilmentber Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Broucek. Jud Knrlancheek, Director of Building, Zoning and Planning addressed the Council regarding the ordinance. The Attorney addressed the Council regarding this ordinance. The Mayor opened the public hearing. Patricia Romano, 361 Ridgewood Road; Patricia Villa, 150 Ocean Lane Drive; Bill Cole, 580 Fernwood Road; Jim Taintor, 355 Harbor Drive and Ed Meyer, 100 Sunrise Drive addressed the Council. The. Mayor closed the public hearing. The ordinance was adopted on first reading by a 6-1 roll call vote, The vote was as follows: Councilmembers I3roucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember'Bass voting No, The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,500,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; ANDTROVIDING AN EFFECTIVE DATE. Councilmember Fried 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 hearing. There was extensive discussion of Council regarding this ordinance. Jeffrey D. DeCarlo, Bond Counsel for the Village of Key Biscayne with Adorno & Zeder, 2601 South Bayshore Drive addressed the Council regarding this ordinance. 2 of 5 U 0 0 April23, 2002 Councilmember Fein made an amending motion to add the following whereas clause: Whereas, the issuance of $1,500,000 in bonds in no way indicates that the Villagefeels that is the value of the property". The motion was seconded by Councilmember Broucek and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes, The ordinance as amended was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters. Vice Mayor Oldakowski and Mayor Rasco voting Yes. 6 RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CONCERNING VILLAGE SANITARY SEWER IMPROVEMENT PROJECT (THE "PROJECT"); PROVIDING FOR REPEAL OF RESOLUTION 99-92, WHICH HAD COMMENCED THE SPECIAL ASSESSMENT FOR THE PROJECT, AND REPEALING RESOLUTION 2001-35, WHICH HAD CONFIRMED THE SPECIAL ASSESSMENTS FOR THE PROJECT; SO AS TO TERMINATE THE SPECIAL ASSESSMENT PROCESS FOR THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Councilmember Broucek made an amending motion to delete the following words from the title: which had commenced the special assessment for the project" and `which had confirmed the special assessments for the project". The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The resolution as amended was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters and Vice Mayor Oldakowski voting Yes. Councilmember Fein and Mayor Rasco voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO THE LOCATION, DESIGN, AND CONSTRUCTION OF A CONCRETE BLOCK AND STUCCO BUS SHELTER WITH A METAL SEAM ROOF IN THE CRANDON BOULEVARD PUBLIC RIGHT OF WAY AT THE CURRENT LOCATION OF A BUS STOP AT THE NORTHERN LIMITS OF THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE., 3 of 5 April23, 2002 Countilmember Fried made a motion to approve Councilniernber`Peters. e resolution. The Director Kurlancheek addressed the Council regarding the bus shelter`. Meyer, 100 Sunrise Drive and Jim Taintor, 355 Harbor Drive addressed the Council. Councihnember Bass made an amending motion to add the word vicinity to the second whereas clause. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote: The vote was as follows: Corwcilmembers Bass, Broucek, Fein; Fried; Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. otion was seconded by Councilmember Fein made an amending motion to fill in the blank of Section 1 with the firm Eduardo 1-1. Muhina. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. '1he'vote°was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The resolution as amended was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters and Mayor Rasco voting, Yes. Vice Mayor Oldakowski voting No. 7 REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Bass addressed the Council regarding the status of the purchase of the Citgo Property. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report, Village Manager. The senior transportation itemwas deferred to the May 14, 2002 Council Meeting. The Interim Village Manager addressed the Council regarding the proposed amendment to the Zoning and Land Development Regulations: dock projections into the Atlantic Ocean and Biscayne Bay. Director Kurlancheek addressed the Council regarding this amendment. David Ettuian, Biscayne Environmental, Miami Shores; Dick Bunnell, Bunnell Foundation, Miami and James Taintor, 355 Harbor Drive addressed the Council: 4of5 April 23, 2002 It was the consensus of Council to direct staff to draft a dock ordinance. 8. OTHER BUSINESS/GENERAL DISCUSSION: Interim Manager Ward addressed the Council regarding the Beach Renourishment Project. The Council briefly discussed the progress of the report from staff on the Community Center. 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 8:55 p.m. Re ecYfully //submitted: Conchita H. Alvarez, CMC Village Clerk Approved this 14th day of May , 2002: Joe I. Rasco 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 5 of 5 MINUTES SPECIAL COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 16, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:05 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Councilmember Alan H. Fein was absent. Also present were Acting Village Manager James Ward, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 2.07 "NO COMPENSATION; REIMBURSEMENT FOR EXPENSES" TO READ SECTION 2.07 "COMPENSATION; REIMBURSEMENT FOR EXPENSES," TO PROVIDE FOR PAYMENT OF ANNUAL SALARY FOR MAYOR AND COUNCIL MEMBERS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. 1 of 8 April 16, 2002 Councilmember Bass made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Broucek. The Attorney and the Acting Village Manager addressed the Council regarding this ordinance. Mayor Rasco made an amending motion to fill the blanks for annual compensation as follows: for the Mayor $12,000 and for Councilmembers $7,200. The motion was seconded by Vice Mayor Oldakowski. The Mayor opened the public hearing. John Festa, 695 Harbor Lane and Ed Meyer, 100 Sunrise Drive. The Mayor closed the public hearing. The amending motion was approved by a 6-0 roll pall. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski,and Mayor Rasco voting Yes. The ordinance as amended was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Vice Mayor Oldakowski made a motion to entertain the mail ballot resolution. The motion was seconded by Councilmember Broucek. Michael Kahn, Vice Chairman, Charter Revision Commission; Luis Lauredo, Member, Charter Revision Commission, John Festa, 695 Harbor Lane and Arturo Aballi, 91 Island Drive addressed the Council. The motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF I HE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO ;'THE;.VII LAGE CHARTER TO. BE, HELD ON TUESDAY, JULY 9, 2002, BY MAIL ;:BALLOT PROCEDURE; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THE KEY BISCAYNE CHARTERfREVISION COMMISSION PURSUANT TO FINAL !;REPORT OF APRIL 2002; PROVIDING FOR REQUISITE BALLOT LANGUAGE; '" PROVIDING FOR PROCEDURE, FOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. (MAIL BALLOT VERSION) 2of8 April] 6, 2002 Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Luis Lauredo, 251 Crandon Boulevard; Michael Kahn, 881 Ocean Drive; John Festa, 695 Harbor Lane; Richard Gregorie, Key Biscayne addressed the Council. The Attorney addressed the Council regarding each question. Question"A". No changes were made. Vice Mayor Oldakowski made a motion to amend question "B" as follows: eliminate the words after "Council" from the title and eliminate the words after "five persons" from the text. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote: The vote was as follows: Councilmembers =Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Vice Mayor Oldakowski made an amending motion to redraft section (2) of question "C" as follows: "the Mayor shall present an annual budget message after approval of the budget by the Council". The motion was seconded by Councilmember Bass and approved by a 5-0 voice vote. The vote was r as follows: Councilmembers Bass, Broucek, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters was out of the Chamber at the time the vote was taken. Vice Mayor Oldakowski made a motion to eliminate all the numbers in parenthesis throughout the entire ballot and use only words. The motion was seconded by Councilmember Peters and approved by a 4-2 voice vote.The vote was as follows: Councilmembers Broucek, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass and Fried voting No. Question "D". No changes were made. Councilmember Fried made an amending motion to redraft question "B" as follows: eliminate all the words after "two-year terms". The motion was seconded by Councilmember Bass and approved by a 4-2 voice vote. The vote was as follows:' Councilmembers Bass, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Broucek and Peters, voting No. Vice Mayor Oldakowski made an amending motion to redraft question "F' as follows: eliminate the word "elective", insert the words "totaling four consecutive years" and insert a hyphen in the second "two-year".: The motion was seconded by Councilmember Peters and approved by a 6-0 voice vote. The vote was as follows:--:Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor `Oldakowski and Mayor Rasco voting Yes. 3 of 8 Apri116, 2002 ,Vice Mayor Oldakow`ski "madeian amending motion to redraft the' title of question "G" as follows: eliminate "rather than as a group"from the title and redraft the text of question "G" as follows: 'The Village Charter currently provides for Council candidates to run without designation of a specific tseat. ' It is also being proposed' that an extended qualifying period- be provided if no candidates qualify for a particular seat". The motion was seconded by Councihnetnber Bass. Vice mayor Oldakowski withdrew his motion. Vice Mayor Oldakowski made a motion to redraft the title of question "G" as follows: PROVIDING FOR ELECTION OF COUNCIL BY SEATS,' and' the text for question "G" as follows: "The Village Charter currently provides for Council candidates to run at a large without designation of a: specific�seat. It hasbeen proposed 'that the Charter amended to €tq rovided for: (1)•the< `lectionof each' Council' Member to an at largc designated seat and (2) an nded qualifying.feriod if no' candidates qualify for a particular seat. These proposed seats -do lot represenhany specific geographical area The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilniembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. w3 v� ids Richard Gregory, Ed Meyer, Luis Lauredo: John=Festa and Michael Kahn addressed the Council t3 r,"r Question "I3" No changes Were„made:: ,Question "I". No changes were made. Vice Mayor Oldakowski made a motion to redraft question "J" as follows: RESTRICTIONS DEFINITION AND PROCEDURES APPLICABLE TO CAPITAL PROJECTS OF THE VILLAGE. The Village Charter currently does not contain a definition and detailed procedures concerning capital projects. It has been proposed that the Charter be amended to provide: (1) a definitimi of capital projects; and (2) require cap al projects in excess of $500,000.00 to be approved by ordinance, with .notice °tothe publick prior to second reading. ;, The motion was seconded by Councilme"niber Bass and'approved by;a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters Vice Mayor Oldakowski and Mayor Rasco voting Yes. John Festa, Richard Gregorie, Michael Kahn and Arturo Aballi addressed the Council. Vice Mayor Oldakowskilmiiae a motion to add the following question at the end of the ballot questions as "Z": . TIME/ LIMIT ^ON INITIATIVE AND -REFERENDUM PROCEEDINGS CONCERNING C ITAIMPROJECTS., They Village Charter currently does not contain a time limit on initiative and referendum proceedings relating to Capital Projects. It has been proposed that the Charter be amendedto require that initiative and refi,reudum proceedings relating to Capital Projects be commenced within 30 days of adoption of Capital Project legislation. The motion was seconded 4:of 8 Apri116, 2002 by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Vice Mayor Oldakowski made a motion to eliminate the word "Council" at the end of question "K". The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. John Festa and Michael Kahn addressed the Council. Mayor Rasco made a motion to redraft question "I," as follows: "The current Village Charter provides for an election system which includes primary, regular and run-off elections". The motion was seconded by Councilmember Bass and approved by a 5-1 voice vote. The votewasas follows: Councilmembers Bass, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. Michael Kahn addressed the Council. Vice Mayor Oldakowski made an amending motion to add the words "a minimum of ' before forty (40) electors on question "M". the motion was seconded by Councilmember Peters and approved by 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Arturo Aballi addressed the Council. Vice Mayor Oldakowski made an amending motion to redraft question "N" as follows: insert a period after "electors". "This revision shall not apply to Charter amendments, the requirements for which shall remain at 10% as required by County Charter". The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Question "0". No changes were made. Vice Mayor Oldakowski made a motion to amend question "P" by inserting after the word "review" the words "by the Village Attorney". The motion was seconded by Councilmember Peters and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Richard Gregorie and Arturo Aballi addressed the Council. 5'o f8 It I April 16, 2002 uestion "Q". No changes were made.. Question "R". No changes were made. Question "S". No changes were made. ,Councilmember-Peters made a motion to redraft question "T" as follows: "The current Charter requires that one member of the Charter Revision Commission shall be a Council Member serving a second consecutive Council term. It has been proposed that the Charter be revised to allow any Council Member to serve and to provide that an additional Village elector shall be. appointed if a Council Member is unable or unwilling to serve on the Commission" The motion was seconded by Councilmember Bass,' and approyed by a . 6-0 voice vote. The, vote was as follows: ,Councilmen)bers Bass, Broucek, Fried,yeters, Vice, Mayor Oldakowski and Mayor Raca voting Ye& Ed Meyer, John Festa addressed the Council. Question "U". No changes were made. -..Question "V". ,No changes were made. Councilmember Bass, made a motion to table the resolution after the discussion regarding amendments the Council would like to place on the ballot The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes: at this time Councilmenibersdiscussed amendments that they would like to place on the ballot. Vice Mayor Oldakowski made a motion to change the date of appointment of the Charter Revision = Commission. Vice Mayor Oldakowski withdrew his motion. Vice Mayor Oldakowski suggested to change the date for the appointment of the Charter Revision Commission. It was the consensus of Council to consider this amendment to the Charter at another time since it will not be effective until five years from now, at the next Charter Revision. John Festa addressed the Council. Councilmember Peters made a motion to direct the Attorney to prepare an ordinance providing for a Charter Amendment t o delete the provision o f monies s pent b y the Village government for communications on positions regarding referendums (question "I"). The motion was seconded by Councilmember Bass and failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Bass, Peters and Mayor Rasco voting Yes. Councilniembers Broucek, Fried and Vice Mayor 6of8 0 John Festa, Michael Kahn and Arturo Aballi addressed the Council. April 16, 2002 Oldakowski voting No. Councilmember Broucek made a motion to extend the meeting to 11:15 p.m. The motion was seconded by C ouncilmember B ass and failed b y a 3 -3 voice v ote. T he vote was a s follows: Councilmembers Broucek, Peters and Mayor Rasco voting Yes. Councilmembers Bass, Fried and Vice Mayor Oldakowski voting No. Vice Mayor Oldakowski made a motion to extend the meeting to 11:05 p.m. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass made a motion to remove the resolution from the table. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass made a motion to change the date of the election on the resolution. to June 27, 2002 and alternate June 18, 2002. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councihnembers Bass,: Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes: 5. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. ADJOURNMENT: The meeting was adjourned at 11:04 p.m. Re e fully suubmitte : / Conchita H. Alvarez, CMC Village Clerk 7 of 8 April 16, 2002 Approved this 30th 'day.ofApril ,2002: . Joe I. Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA .1 IL1 CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAYNEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 8,of8 "MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 9, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:15 p.m. Present were Councilmembers'Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe L Rasco. Also present were Village Clerk Conchita H. Alvarez and Village Attorneys Richard Jay Weiss and Stephen J. Heitman. INVOCATION: Councilmember Peters gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mr. Victor Monso, Supervisor Region IV, Office ofCapital Improvement, Miami -Dade County School Board addressed the Council on the proposed addition at the Key Biscayne Community School. The proposed addition to the facility consists of two buildings totaling approximately 60,000 SF of new interior area. One building will be a three story classroom wing located along Ridgewood Road. The second building will be the new dining facility and will be located at the corner of West McIntyre Street and Glenridge Road The total cost of the project is approximately Ten (10) Million dollars. 1of9 If I 0 April 9, 2002 Councilmember Broucek, Chairman, Charter Revision Commission addressed the Council regarding the Charter Amendments proposed by the Charter Revision Commission. The Attorney addressed the Council regarding the proposed Charter Amendments. It was the consensus of Council to hold a Special Meeting on Tuesday, April 16, 2002 at 6:00 p.m. to look at the specific ballot language for the proposed Charter Amendments made by the Commission. Dr. Jim Leavitt, Chairman, Community Center Committee presented to the Council the committee's final report. The Committee makes the following recommendations to the Village Council: l.) Conduct a citizen survey through Leisure Vision, Inc. Use the results of the survey to determine if a community center should be developed and, if so, the programs which the community center should offer to Village residents. An analysis of theneeds and desiresofthe Village residents will also help direct the Council;with regard to the size and design of the community center. 2.) Create a citizens community center advisory board', to oversee the programs and management of the community center on an ongoing basis. 3.) Create a plan/ committee / task force to address the need for additional green space, identify potential sites and evaluate possible purchase or acquisition. A financial plan or program to pay for such sites should also be created. 4.) Consider, study and evaluate the following two (2) alternatives to the presently designed community center: East-West Alternative: 'Create a community center on an east -west configuration under the following conditions: a.) acquire Citgo station by December 31, 2002; b.) with regard to that portion of the amity }y center which fronts Fernwood, the building should notexceed one (1) story. However, the portion of the,center fronting Fernwood should be:designed so that it is capable of adding a second story at some point in the future; c.) the cost to design, construct and operate the center is reasonable; d.) the, cost to design and construct the center complies widt the Village debt cap contained in the Village Charter; e.) the building design is consistent with the results of the citizen survey; f.) safe and control challengespresented by this design are addressed; and maintain Y �' � g).. a minitnum set -back of twenty five (25') feet on, Fernwood Road and the:Modified North -South Alternative: Design aniiinty i and construct a eom center in accordance with an alternative design by Robert Currie placing, the center further easttlon McIntyre.,, This allows for a 240-foo;long triangular green space along Femwood setting o fthelrecrcation center 118 feet from Fernwood at Mcintyre, s narroxnng to 35 feet on, the north end oftthe;: property,,;, with the following conditions: a.) the eomnti nity center is consistent with. the citizen survey; b.) the design is consistent with and satisfies trafficjlcdncern4;, c.), ;the center ;s designed andiconstructed within the,debt cap contained in the i Village Charter idid.) ,are -design id rind ,lflip�, the- classrooms and the gymnasium should be explored Tlie purpose oflthe p4ssilere lesigzt 1would'be to place the''lower scaled construction along Fernwgtidl '54 1Puz!ueategoiiati�ns ,S Trust to eliminate pr modify Village,Gteen Way. 6.) If kite moditleddnorth-south al . rein five4s adopted, acquire theCitgo property and require it to become green space. 7.) As to the constructioniof either aliematives describecfin`W 4,'the Village should use an open -bid process and invite pre-cjualified public and private sector contractors to 2of9 April 9, 2002 participate. 8.) Obtain a legal opinion from the Village Attorney, after consultation with the Finance Department and Village accountants as to the definition of"debt," the amount of "debt" incurred by the Village, and them determine how much money is available to be used for the community center under the Village Charter debt cap. 9.) Develop a plan to obtain private donations and private fundraising as a supplemental source of funds to build and maintain the community center and to solicit unrestricted funds from other govenunent sources. 10) With regard to parking, analyze the cost and possible consequences (i.e., leakage or lost green space to accommodate parking) of placing parking below grade and consider additional possible parking alternatives to satisfy the community center and Government Center needs. 11.) Assuming that the survey supports the need for a gymnasium and, in the event of phased construction, the gymnasium should be the first element constructed. 12) An outdoor pool and programs associated with the outdoor pool should be a part of the community center. 13) The use and association of the community center with Key Biscayne schools, public and private, should be explored and possible partnerships should be entered into. 14.) Assuming that, the survey supports it, space within the community center should be set aside and programmed as a "wellness center." 15.) The community center should provide a separation between facilities and programs for toddlers, children, teenagers, adults and senior citizens, in accordance with the survey results. 16) The police/administration buildingand fire department annex should be considered as programmable community space. However, programs and activities for children (through 18 years of age) should only take place at the community center. 17) The community center should include facilities other than athletic facilities, i.e., meeting rooms, study areas, arts and crafts areas, computer rooms, and combine Miami -Dade County library system into the available computers, in accordance with the survey. 18.) Landscaping should be used to every extent possible to reduce the impact of the community center on surrounding areas. 19) To the extent possible, the community center should be sensitive to the needs of local businesses. 20) The membership of the community center should be limited to Village residents and Village employees. Access to specific programs should be limited to members, guests, Village employees, children attending school on Key Biscayne, and children who participate in Key Biscayne Athletic Club programs. Letters from the following Committee members were introduced into the record: Arturo Aballi, 91 Island Drive; Bill Cole, 580 Fernwood Road and Barry S. Goldmeir,1000 Mariner Drive. Councilmember Fein made a motion to accept the final report from the Community Center Committee and to direct staff to investigate the recommendations made and report back to the Council within 30 days. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Basco voting Yes. The Council thanked the Committee for the report. Vice Mayor Oldakowski announced that the Key Biscayne Library will be hosting a lunch for all residents to meet and hear Mr. Carl Hiaasen. 3 of9 April 9, 2002 5. :;PUBLIC COMMENTS: The followingresidents addressed the Council: Carol Diaz -Castro, 240 Hampton Lane; Pat Weinman, 940 Mariner Drive; Bob Libby, 200 Ocean Lane Drive; Marilyn =Levin, 430 Grand Bay Drive; Camille Guething, 260 Seaview Drive; Arturo;Abalili, 91 Island Drive and Michael Kelly, 395 Gulf Road. 6. . AGENDA: The Clerk brought to the attention of the Council a scrivener's error on Item A6„ it should read April 1, 2002 and Councilmember Peters requested the addition of a report and ,motion to approve contract with the new Village Manager at the beginning of Item 10A. There was - no objection to the agenda changes. 7. APPROVAL OF MINITFES: Councihnember Fried,made a motion to approve the minutes of the March 19; 2002 Zoning£ Meeting. The motion was seconded by Councilmember Broucek and approved by a 70, von votes;T:lie,votewas.as follows:.Councilmembers Ftscs, Broucek, Fein, Fried, Peters, Vice„lyTayt r O�owsl i and Mayor Rasco voting Yes. ORDINANCES. The:elerk read the following ordinance, on first reading, by title: AN 0 RDINANCE., OF, THE VILLAGE OF KEY. BISCAYNE, FLORIDA,: AMENDING SECT:ION:30-197"SUPPLEMENTAL REGULATIONS" OF CILAP'TER 30 "ZONING AND ,LAND,DE LOPMENT REGULATIONS" OF THE. CODE OF ORDINANCES OF KEY BISCAYNExTO stcpLATESIGNAGE ON;GOLF CARTS; AMENDING SECTION 30-11 REGARDING DEFINITION OF VEHICLE, SIGN; AMENDING SECTION 26-23 OF CHAPTER 6"TR FFIC AND VEHICLES"., TO ADD PARAGRAPH(C),REGARDING PARKING O ' LF CARTS; PROVIDINapoR SEVERABILITY,; PROVIDING FOR INCLUSION: IN; THE CODE;. PROVIDING FOR PENALTIES; AND PROVIDING AN EFk'LCTIVE DBE Councilmeinber Bass made a motion to continue thepublic hearing to the Zoning Meeting of April 23, 2002. The motion was seconded by Vice Mayor Oldakowski. war opened the public hearing. There were no speakers present. The motion to continue the public hearing was approved, by a 7-0 voice vote. The vote was as follows: Councihnembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor R.asco voting Yes. The Clerk read the following ordinance, on second reading, by titles AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 88 W. MCIINT'YRE STREET AND 560 CRANDON BOULEVARD,. TO REFLECT ITS C DESIGNATION AS GU GOVERNMENT USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 85 W. MCINTYRE STREET TO REFLECT ITS DESIGNATION AS GU GOVERNMENT USE DISTRICT AND PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek. Attorney Helfrnan addressed the Council regarding this ordinance. The Mayor opened the public hearing. Keith Hope, 135 Woodcrest Lane; Arturo Aballi, 91 island Drive; Carol Diaz -Castro, 240 Hampton Lane; Camille Guething, 260 Seaview Drive. The Mayor closed the public hearing. There was extensive discussion from Council regarding this ordinance The ordinance was adopted on second reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowsld and Mayor Rasco voting Yes. Councilmember Peters voting No. 9. RESOLUTIONS: The Clerk read the following, resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING VILLAGE/STATE DMS AGREEMENT; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE CONSTRUCTION OF MODIFICATIONS TO THE FIRST FLOOR OF THE ADMINIS!`RATION/POLICE STATION AS PROVIDED FOR IN PLANS PREPARED BY SPILLIS, CANDELA DMJM; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Councilmember Fein Jud Kurlancheek, Director of Building, Zoning and Planning and Mr. Robert Maphis, Vice President of Operations, James A. Cummings, Inc, addressed the Council regarding this resolution. Carol Diaz -Castro Chairman, Building Review Committee addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. PORTS ANDli2 ec•mmENbATIONS:The`To'lloWing iteritswere discussed: Mayor and Caunciimembers. Councilmember Peters addressed the Council regardingthe negotiations of a contract with the new Village Manager. The contract will be a yearly contract with an annual base= salary of $128,000 per year and a $400 per month car allowance. The new Manager will start working on May 6, 2002, Vice Mayor Oldakowski made a motion to approve the Manager's contract. The motion was seconded by Councilmember Bass and approved by'a 7-0 voice vote, The. vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco 'voting Yes. , Councilmember Broucek addressed the Council regarding press rel Mayor Rasco made a motion to appoint Councihnember Bass to work with the staff to together a Youth Council. The motion was seconded by Vice Mayor Oldakowski and approved by 6-0 voice vote: The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting 'es.' Councilmember Fein was out okthe Chamber at the time the vote was taken. Mayor Rasco addressed the Council regarding the increasing cost of elections. Councilmember Broucek addressed the Council regarding the homeless situation on the Key, 'specifically, Oasis, Stefano's and gas station and panhandlers at the local churches. Chief of Police Michael J. Flaherty addressed the Council regarding this situation. Councilmember Peters requested a report on the status "of the disability insurance for Village Public Safety Departments (Fire and Police). Captain Mike Haring, Chief John C. Gilbert Fire Rescue Department and Sergeant Nick Ismailog Police Department addressed the Council. It was the consensus of Council to direct staff to look into this issue and bring it before Council. Mayor .Rasco addressed the Council regarding the twelve Month evaluation of the Village Clerk. It was the consensus of Council to appoint Vice Mayor Oldakowski to study this issue and report "back to `Council at the next Regular Meeting. . Mayor Rasco made a motion to authorize the Village Attorney to prepare a proposed ordinance for amendment of Village Charter provision concerning compensation of Councilmembers and/or other 6 -of 9 April 9, 2002 provisions,for consideration by the voters. The motion was seconded by Vice Mayor Oldakowski. The Attorney addressed the Council regarding compensation. The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes: Vice Mayor Oldakowski requested a report from Chief Flaherty on pedestrian safety issues on Crandon Boulevard. Chief Flaherty reported that Officer Jorge Mora conducted a survey on school children school crossing. The results of the survey are as follows: a total of 96 children used McIntyre Street, a total of 5 children used Crandon Boulevard and a total of 25 children used West Enid to and from school on March 27, 2002. On April 8, 2002 a total of 70 children used McIntyre Street, a total of 3 children used Crandon Boulevard and a total of 39 children used West Enid to and "from school. Councilmember Broucek made a motion to extend the meeting until 11:15 p.m. The motion was seconded by Councihnember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass addressed the Council regarding the establishment of a procedure to control/remove unruly citizen(s). It was the consensus of Council to direct the Acting Manager to look into this issue and report to Council. Councilmember Bass addressed the Council regarding a date certain for creating the Capital Improvement Advisory Board. This item will be placed on the May 14, 2002 agenda:. 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 April 2002: proclaiming the week of April 7-14, 2002 as Days of Remembrance Week; proclaiming April 6, 2002 as Dance Marathon Day and the month of April 2002 as Fair Housing Month. Village Manager. At Vice Mayor Oidakowski's request, Todd Hofferberth, Director of Recreation addressed the Council regarding the implementation of controls at the Village Beach Park to ucstiict acrrss to only allow Key Biscayne residents and their guests. The system will be operational in six weeks. 7of9 April 9, 2002 Director Hofferberth also addressed the Council regarding the need to increase the Special Events budget within the Recreation Department. The Department is requesting an additional $25,000 be added to the Special Events Line Item. Director Hofferberth addressed the Council stating that Miami -Dade County has requested that the Village of KeyBiscayne Recreation Department "provide for three unlighted multi -purpose sports courts" at Calusa Park. The Recreation Department would like to initiate the process by installing skate park, and roller hockey equipment on tennis court ,#l. The equipment and program wouldbe 'managed by the Village of Key Biscayne Recreation Departments: The Acting Manager addressed the Council regarding the BeachRenourisbment P3 the project to moving forwardand completedbeforxe May -31, 2Q02, ect stating, that Director Hofferberth addressed the Council regarding a date for the Ocean Park Dedication. It was the consensus of Council that staff should set a date and inform the Council. Vice Mayor Oldakowski made a motion to extend the meeting to 11:30, p.m. The motion was %seconded by Conncihnember'Bass and:approved by 7-0 voice, vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Mitchell J. Bornstein, Attorney with Weiss Serota Helfman Pastoriza and Guedes addressed the Council regarding the eminent domain process. Councilmember Broucek made a motion to extend the meeting to 11:35. p.m. The motionwas seconded by Councihnember Fein and approved by a 5-2 voice vote. The vote was as follows: Councihuembers Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass and Fein voting Na The Acting Manager addressed the Council regarding the Florida Revolving Loan Program. It was the consensus of Council to direct the Acting Manager to call Mr. Don W. Berryhill, P.E„ Chief, Bureau of Water Facilities Funding to request an extension for the loan. 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. f of April 9, 2002 13. ADJOURNMENT: The meeting was adjourned at 11:35 p.m. tfully submitted: 7// Conchita II. Alvarez, CMC Village Clerk Joe I. Rasco Mayor Approved this 23rd day of April , 2002: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT AMEETING 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. 9of9 MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 9, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1: CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Chairman at 7:05 pm. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Oldakowski and Chairman Joe L Rasco. Also present were Interim Village Manager James Ward, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. 2. APPROVAL OF MINUTES: Mayor Rasco made a motion to approve the minutes of March 19, 2002 Local Planning Agency Meeting. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 3. ORDINANCES: A public hearing and recommendation of Village Council sitting as the Local Planning Agency on the following proposed ordinances The Clerk read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-197 "SUPPLEMENTAL REGULATIONS" OF CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF KEY BISCAYNE TO REGULATE SIGNAGE ON GOLF CARTS; AMENDING SECTION 30-11 I oft April 9, 2002 REGARDING THE DEFINITION OF VEHICLE SIGN; AMENDING SECTION 26-23 OF CHAPTER 26 "TRAFFIC AND VEHICLES" TO ADD PARAGRAPH (C) REGARDING PARKING OF GOLF CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. Councilmember Fried made a motion recommending the adoption of the ordinance to the Village Council The motion was seconded by Councilmember Broucek. Councilmember Bass made a motion to continue the public hearing to the April 23, 2002 Zoning Meeting. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Chairman Rasco voting Yes. 4. ADJOURNMENT: The meeting was adjourned fully submi3 Conchita H. Alvare Village Clerk Approved tlris 23rd day of April , 2002: lie L Rasco Chairman t 7;10 p.m. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDEREDATA MEETING OR HEARING, THATPERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED .TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2of2 MINUTES SPECIAL. COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, APRIL 3, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 4:15 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. 2. SPECIAL PRESENTATIONS: Mr. Louis J. Fox, Regional Dim tor, Maximus, addressed the Council expressing that the four candidates for the position of Village Manager, Linda C. Angus, Gustavo "Gus" Cordova, Ronald W. McLemore and Jacqueline R. Menendez are all worthy of the consideration of the Council. . INTERVIEWS AND DISCUSSION ON THE APPLICANTS FOR VILLAGE MANAGER: The Council discussed the procedure for conducting the interviews for the Manager position. At this time, Council proceeded', with the first interview. Ms. Linda G. Angus ` was interviewed by the Council The second finalist for the Manager position, Mr. Gustavo "Gus" Cordova was interviewed by the Council. At 6:25 p.m. the Council took a 15 minute recess. The meeting was reconvened at 6:40 p.m.. The third finalist, Mr. Ronald W. McLemore was interviewed by the Council At 7:35 p.m. the Council took a 5 minute recess. The meeting was reconvened at 7:40 p.m. 1 of2 April 3, 2002 The fourth and fmal finalist Ms. Jacqueline R. Menendez was interviewed by the Council. Following the interviews, Council briefly discussed the candidates. Mayor Rasco made a motion to rank Mr. McLemore as number four (4). The motion was seconded by Councilmember Bass and approved byunanimous consent. Councilmember Fried madea motion to appoint Mr. Cordova as Village Manager. The motion was seconded by Councilmember Fein. Councilmember Fried withdrew the motion. Councilmember Bass made a motion to rank Ms. Angus as number three (3). The motion was seconded by Councilmember Fried and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek Fried, Vice Mayor Oldakowslci and Mayor Rasco voting Yes. Councilmembers Fein and Peters voting No. Councilmember Peters made a motion to rank Ms. Menendez as number one (1) and Mr. Cordova as number, two (2): The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The Vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor 2asco voting Yes, Councilmember Bass made a motion authorizing Councilmember Peters and the Village Attorney to negotiate a contract with Ms. Jacqueline Menendez for the position of Village Manager. The motion was seconded by Mayor Rasco and approved by unanimous consent.. ADJOURNMENT: The meeting was adjourned at 9:40 p.m Y frail Alvarez, QAIC Village Clerk ApproV d Joe I. Rasco M ayy r "' ' IF A PERSON. DECIDES TO APPEAL ANY DECISION. MADE BY THE VILLAGE. COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. C 2 oft LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 19, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 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 Scott Bass (arrived at 7:15 p.m.), Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Chairman Joe L Rasco. Also present were Acting Village Manager James Ward, Village Clerk Conchita H. Alvarez and Village Attorneys Stephen J. Helfman and Joseph Serota. 2. APPROVAL OF MINUTES: Councilmember Broucek made a motion to approve the minutes of January 29, 2002 Local Planning Agency Meeting. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Chairman Rasco voting Yes. 3. ORDINANCES: A public hearing and recommendation of Village Council sitting as the Local Planning Agency on the following proposed ordinance: The Clerk read the following ordinance by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING 1' HE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 88 W. ':MCINTYRE STREET AND 560 CRANDON BOULEVARD TO REFLECT ITS DESIGNATION AS GU GOVERNMENT USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 85 W. MCINTYRE STREET TO REFLECT ITS DESIGNATION AS GU GOVERNMENT USE DISTRICT AND PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I oft March 19, 2002 Vice Mayor Oldakowski made a motion recommending the adoption of the ordinance to the Village Council. The motion was seconded by Councilmember Fein. The Attorney addressed the Local Planning Agency regarding this ordinance. There was extensive discussion from the Agency on this ordinance. The Mayor opened the public hearing. Camille Guething, 260 Seaview Drive; James Taintor, 355 Harbor Drive; Andrew Gordon, 269 Cranwood Drive; Richard Hodges, 255 Glenridge; Carol Diaz Castro, 240 Hampton Lane; Conchita Suarez, 201 Crandon Boulevard; Blanca. Mesa, 544 Fernwodd Road; sFicki'Simans, 269 Cranwood Drive addressed the Agency. The Mayor closed the public hearing. The motion to recommend the adoption of this ordinance to the Village Council was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Chairman Rasta voting Yes. Councilmember Peters voting No. 4. ADJOURNMENT; The meeting was adjourned at 8:09 p.m. R Con tta H Alvarez, C. rillag X erk ApprovedIhis 9th Joe I. Raseo Chairman IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE. VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THATPERSON 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 TESTIMONY AND EVIDENCE UPON WHICH THEAPPEAL IS TO BE BASED. 2:.of 2 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 19, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 8:10 pm Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Acting Village Manager James Ward, Village Clerk Conchita H. Alvarez and Village Attorneys Stephen J. Helfrnan, Joseph Serota and Elaine Cohen. 2. AGENDA:. The Clerk requested the addition of a resolution authorizing the Manager to execute an agreement with Saint Agnes Catholic Church as Item 6B. There was no objection to the agenda change. 3 APPROVAL OF MINUTES: Councilmember Broucek made a motion to approve the minutes of the March 5, 2002 Special Council Meeting and the minutes of the March 5, 2002 Regular Council Meeting. The motion was seconded by Vice Mayor Oldakowslci and approved by a7-0 voice vote. The vote was as follows: Councihnembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. ayor Rasco and the Members of the Village Council -congratulated the Village Clerk on her acceptance to the Master Municipal Clerk's Academy (IIMC)., I of 5 March 19, 2002 4. ORDINANCES: The Clerk read the following ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 88 W. MCINTYRE STREET AND 560 CRANDON BOULEVARD TO REFLECT ITS DESIGNATION AS GU GOVERNMENT USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE FOR THE PROPERTY LOCATED AT 85 W, MCINTYRE STREET TO REFLECT ITS DESIGNATION AS GU GOVERNMENT USE DISTRICT AND PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by CouncilmemberBroucek The Mayor opened the public hearing. Blanca Mesa, 544.Fernwood Road; Andrew Gordon, 269 Cranwood Drive and Jonathan Ullman, 544 Fernwood Road addressed the Council. The Mayor closed the public hearing. rs The Attorney addressed the Council -regarding this ordinance. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council. The motion to adopt the ordinance on first reading was approved by a 6-1 roll call vote The vote was as follows:' Councilmeinbers'Bass Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No The Clerk announced the second reading on April 9, 2002. The Clerk read the following ordinance, on second reading, by title: AN. ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT, BETWEEN • KEY BISCAYNE ISLAND STANDARD, INC., A FLORIDA , CORPORATION, AND tHr. VILLAGE OF KEY BISCAYNE; PROVIDING FOR : PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS 1W THE VILLAGE; "AUTHORIZING;, VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EJ MCTIVE DATE. 2of5 D 0 March 19, 2002 Councilmember Bass made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried. Councilmember Fein made a motion to table the ordinance to the April 9, 2002 Council Meeting. The motion was seconded by Councilmember Fried. Councilmember Fein withdrew his motion. Elaine Cohen, Weiss Serota Helfinan Pastoriza & Guedes, addressed the. Council. There was extensive discussion from Council regarding this ordinance. Dr. Jim Leavitt, Chairman, Community Center Committee addressed the Council. The Acting Village Manager addressed the Council regarding the purchase of the property. Councilmember Fein made a motion to defer the second reading of the ordinance to April 9, 2002. The motion was seconded by Councilmember Fried and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Fein and Fried voting Yes. Councilmembers Bass, Broucek, Peters, Vice Mayor Oldakowski and Mayor Rasco voting No. Vice Mayor Oldakowski made an amending motion to amend the lease expiration date to nine (9) months after Closing Date. The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein voting No. The ordinance, as amended, was adopted on second reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein voting No. It was the consensus of Council to direct the Attorney to bring before Council the cost for the option of eminent domain.' The Clerk read the following` ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,500,000 OF LAND ACQUISITION REVENUE #;:, BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A (r: SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Bass made a motion to adopt the ordinance on first. reading. The motion was seconded by Councilmember Broucek and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting 3of5 I March 19, 2002 Yes. Councilmember Fein was out of the room at the time the vote was taken. The Clerk announced the second reading of the ordinance on April 9, 2002. 6. RESOLUTIONS: The Clerk read the following resolutionn by title: A RESOLUTION OF TIIE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING IRE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH`LEISURE VISION, INC., A MARKET RESEARCH FIRM; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Broucek: ' " Todd Hofferberth, Director, Recreation Department addressed the Council and introduced Mr. Chris Tatham with Leisure Vision, Inc. Mr: Tatham addressed the Council regarding the survey. Vice Mayor Oldakowski made a motion to amend the resolution to authorize the Manager to execute an agreement with Leisure Vision, Inc. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice`vote.` The vote was as follows: Councihnembers Bass,Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH TIDE ARCHDIOCESE OF MIAMI, INC. (SAINT AGNES CATHOLIC CHURCH) FOR RECREATIONAL PURPOSE FIELDS; PROVIDING FOR AN EFFECTIVE DATE. Councihnember Broucek made a motion to approve the resolution. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers"Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 7. SCHEDULE OF FUTURE IVLEETINGS/EVENTS: A schedule of future events was presented to the Co -mien. eetings and 4or5 March 19, 2002 At this time, James DeCocq, Beach Consultant for the Village, addressed the Council regarding the Beach Renourishment Project. 8. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. R < pew fully submiged: Conchrta H. Alvarez, CMC Village Clerk Approved this 9th day of April , 2002: ORI Toe L Rasco Mayor LEA 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 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 CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, MARCH 7, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Chairman at 7:10 p.m. Present were Commission Members Stuart D. Ames, Michael Kelly, Luis Lauredo (arrived, at 7:16 p.m.), Vice Chairman Michael Kahn and Chairman Martha F. Broucek. Also present were Village Clerk Conchita H. Alvarez and Village Attorney Richard Weiss. Chairman Broucek led the Pledge of Allegiance. Vice Chairman Kahn made a motion to approve the minutes of the February 21, 2002 meeting. The motion was seconded by Commissioner Ames and approved by a 4-0 voice vote. The vote was as follows: Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes. The Attorney addressed the Commission regarding the procedure to approve or amend the revisions made to date. Vice Chairman Kahn made a motion to approve the Charter as revised. The motion was seconded by Commissioner Kelly. 3. The Charter Revision Commission of 2001 02 was appointed by the Village Council on November 13.2001 (as ratified on January 15. 2002) and met during the early months of 2002 to review the Village Charter. The members of the Charter Revision Commission were as follows: 1 of 9 March 7, 2002 Martha F. Broucek. Chair Michael A. Kahn, Vice Chair Stuart D. Ames; Member Dr. Michael E. Kelly. Member Luis Lauredo, Member The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss and Tony Recio. As a result of those meetings, amendments were proposed to the electorate_ Of the ' amendments proposed, were approved by the electorate on ARTICLE IL VILLAGE COUNCIL; MAYOR Section 2.01 was redrafted as follows: Section 2.01. Village Council. There shall be a Village Council (the "Council") with all legislative powers of the Village k'Th vested therein, consisting of six (6) members ("Council Members") and the Mayor. References in C) this Charter to Council Members shall include the Mayor unless the context otherwise requires. John Festa, 695 Harbor Lane; Ed Meyer, 100 Sunrise Drive and Richard Gregorie, Key Biscayne addressed the Commission. The Attorney addressed the Commission regarding the number of Council Members. Commissioner Ames addressed the Commission on behalf of Mayor Joe I. Rasco, stating that the Mayor supports a five (5) member Council and designated seats_ Vice Chairman Kahn made a motion to reduce the number of Council Members to five (5). The motion was seconded by Commissioner Lauredo and failed by a 2-3 roll call vote. The vote was as follows; Commissioner Lauredo and Vice Chairman Kahn voting Yes. Commissioners Ames, Kelly and Chairman Broucek voting No. Vice Chairman Kahn made a motion to change the method of running for Council to designated seats. The motion was seconded by Commissioner Kelly and approved by a 5-0 roll call vote: The vote was as follows; Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. 2,of 9 March 7, 2002 Commissioner Lauredo made a motion to reduce the number of Council Members to five (5). The motion was seconded by Vice Chairman Kahn and approved by a 3-2 roll call vote. The vote was as follows: Commissioners Ames, Lauredo and Vice Chairman Kahn voting Yes. Commissioner Kelly and Chairman Broucek voting No. Vice Mayor Robert Oldakowski addressed the Commission. Section 2.02. was redraftedas follows: Section 2.02. Mayor and Vice Mayor. (a) Mayor. The Mayor shall preside at meetings of the Council; and be a voting member of the Council_ buaids and agencies. with the approval of the Council. The Mayor shall be recognized as head of Village government for all ceremonial purposes and for purposes of military, law, for service of process, execution of duly authorized contracts, deeds and other d ocuments, and a s the Village official designated t o represent the Village in all dealings with other governmental entities. The Mayor shall annually present a state of the Village message and, after approval of the budget by the Council an annual budget message. The Mayor shall appoint all members of Village boards, agencies, and committees ("Village Boards"), subject to and effective upon ratification by the Council pursuant to the following procedure. Appointment Procedure. Prior to making appointments to Village Boards the Mayor, during a Council meeting, shall solicit recommendations from each Council Member for appointees. The Mayor's appointments shall be announced at a subsequent Council meeting which precedes the meeting at which ratification will be considered. Al Waiver. The method of appointment described in paragraph (I) may be waived in part or in its entirety in connection with a particular Village Board by the Council. Where the Mayor fails to appoint members of a particular Village Board, the Council shall appoint the members. Vice Mayor. During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Council meeting after each regular Village election, or in any calendar year in which there is no regular Village election, at the first Council meeting in the month of November of such year, the Council shall elect one (1) of its members as Vice Mayor. Commissioner Lauredo made an amending motion to amend Section 2.02 (a) as follows: (a) Mayor. The Mayor shall preside at meetings of the Council; and be a voting member of the Council_ ,. an,., 3 of 9 March 7, 2002 oft1c Cutmeil The Mayor shall be recognized as head of Village government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and. after obtaining the advise and consent from Council, as the Village official designated to represent the Village in all dealings with other governmental entities. The Mayor shall annually present a state of the Village message and, after approval of the budget by the Council an annual budget message. The Mayor shall appoint all members of Village boards; agencies, and committees ("Village Boards"), subject to and effective upon ratification by the Council puwauaiit to the folio,ainigprocedure. The rpotion was seconded by Chairman Broucek and approved by a 5-0 roll call vote. The vote was as follows; Coziuuissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes_ • Commissioner Lauredo made an amending motion to amend Section 2.02 (1) and (ii) as follows: 12 Appointment Procedure. Prior to making appointments -to Village Boards. the Mayor. during a Council meeting. shall solicit recamniendations from each Council Member for appointees. The Mayor''s appointments shall be fisted on the agenda for the next Regular Council meeting at which time ratification will be considered. and (iif Waiver_ The methed-af procedure for appointment described in paragraph (I) may be waived in Dart, or in its entirety in connection with a particular Villagel3oard by the Council. Where the Mayor fails to appoint Members of apartiotilar Village Boardtthe Council shall appoint the members. The motion+vas seconded by Commissioner Kelly and approyedby a 5-0 roll call vote. The vote was as follows: Commissioners Ames,: Kelly, Lauredo,,,Vice{chairman Kahn' and Chairman Broucek voting Yes. Vice.Mayor Oldakowski addressed the Commissiom regarding Section 2.02 (I) and (ii). Section; 2'03, was redrafted; as follows: Section 2.03. Election and term oftffice. Each Council Member and the Mayor shall be elected at -large by the electors of the Village in the manner provided in Article V of this Charter. 4 Each.Cduncil Member and the Mayor shall be elected for a two (2) year term_ . No person shall serve on the Council asMayor. or as 611 cernbihation.of Mayor and Council Member for more than to (2) s d te.,r six f6corisebtlti"ve years„ az.d no pe ion 'nay sine isccuL.v., y.,a.a. John Festa, 695 Harbor Lane addressed the Commission. Commissioner Lauredo made an amending motion to change the elected terms to eight (8) consecutive years. The motion was seconded by Vice Chairman Kahn and approved by a 5-0 roll call vote. The vote was as follows: Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and 4 of 9 March 7, 2002 Chairman Broucek voting Yes. Vice Mayor Oldakowski addressed the Council regarding the length of elected terms. Vice Chairman Kahn made a motion to keep the elected term as it is currently in the Charter, a four (4) year term. The motion was seconded by Chairman Broucek and approved by a 3-2 roll call vote. The vote was as follows: Commissioner Ames, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioners Kelly and Lauredo voting No. At this time, the Chairman requested a 5 minute recess. There was no objection to the request. The meeting was reconvened at 9:25 p.m. John Festa, 695 Harbor Lane addressed the Commission regarding the number of years for elected terms. Commissioner Kelly made a motion to change the elected term to a two (2) year term. The motion was seconded by Chairman Broucek and approved by a 4-1 roll call vote. The vote was as follows: Commissioners Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioner Ames voting No. Section 2.04 has been redrafted as follows: Section 2.04. Qualifications. Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the Village at such time and in such manner as may be prescribed by ordinance and payment to the Village Clerk of the sum of one hundred dollars ($100.00) as a qualifying fee. A candidate for Mayor may not be a candidate for Council Member in the same election. Only electors of the Village who have resided continuously in the Village for at least one (1) year preceding the date of such filing shall be eligible to hold the office of Council Member or Mayor. The Attorney addressed the Commission regarding the qualifying fee stating that it is a State law requirement. Commissioner Lauredo made an amending motion to amend Section 2.04 as follows: Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the Village at such time and in such manner as may be prescribed by ordinance and payment to the Village Clerk of the sum of one hundred dollars ($100.00) as a qualifying fee. A candidate for Mayor may not be a candidate for Council Member in the same election. Only electors of the Village who have resided continuously in the Village and have been a registered voter of the Village of Key Biscayne for at least one (1) year preceding the date of such filing shall be eligible 5of9 di I March 7, 2002 to hold the office of Council Member or Mayor. The motion was seconded by Vice Chairman Kahn and approved by a 5-0 roll call vote. The vote was as follows: Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. Section 2.05. Vacancies; forfeiture of office; filling of vacancies. No discussion. Section 2.06. Recall. No discussion. Section 2.07 was redrafted as follows: Section 2.07: No compensation; reimbursement for expenses. Council Members (including the Mayor) shall serve without compensation but shall receive reimbursement for authorized travel and per diem expenses incurred in the performance of their official duties in accordance with applicable law, or as may be otherwise provided by ordinance, -far Commissioner Ames, on behalf of Mayor Rasco, addressed the Commission expressing the Mayor's support for compensation of the Mayor and members of the Village Council. John Festa, 695 Harbor Lane addressed the Commission regarding compensation. ARTICLE III. ADMINISTRATIVE Section 3.01. Village Manager. No discussion. Section 3.02. Appointment; removal; compensation. No discussion. Section 3.03. Powers and duties of the V.Qag. Manager. No discussion. Section 3.04. Village Clerk. No discussion. Section 3.05. Village Attorney. No discussion. Section 3.06. Village code of administrative regulations. No discussion. Section 3.07 was redrafted as follows: Section 3.07. Expenditure of Village funds. No funds of the Village shall be expended except pursuant to duly approved appropriations. 6of9 March 7, 2002 Where a resolution or ordinance has been adopted pursuant to Sections 5.02 ` or 6.02 setting an election, and the Council approves an expenditure of funds to inform the public of its position ("Majority Position") with respect to a particular ballot question ("Communication Expenditure") via mailings, advertising. web pages, or the like (collectively "Communications"), that Communication shall also inform the public of any minority position of the Council ("Minority Position"). A committee shall be formed for each Minority Position, comprised solely of Council Members who hold that Minority Position ("Minority Position Committee"). The content of the Communication relating to each Minority Position shall be determined by the Minority Position Committee representing that Minority Position. The resolution authorizing the Communication Expenditure shall specify the type of Communication and the date the Minority Position statement shall be completed and submitted to the Manager for inclusion in the Communication. All Communications shall present the Majority Position and Minority Position(s) in substantially the same fashion in terms of size. color, type, length, and other physical characteristics. The Minority Position Committee(s) created by operation of this Section shall sunset upon the date the Communication is effected. John Festa, 695 Harbor Lane addressed the Commission regarding compensation. Vice Chairman Kahn made a motion to amend Section 3.07 as follows: No funds of the Village shall be expended except pursuant to duly approved appropriations. Where a resolution or ordinance has been adopted pursuant to Sections 5.02 or 6.02 setting an election, and the Council approves an expenditure of funds to inform the public of its position ("Majority Position") with respect to a particular ballot question ("Communication Expenditure") via mailings, advertising, web pages, or the like (collectively "Communications"), that Communication shall also inform the public of any minority position of the Council ("Minority Position"). A committee shall be formed for each Minority Position, comprised solely of Council Members who hold that Minority Position ("Minority Position Committee"). The content of the Communication relating to each Minority Position shall be determined by the Minority Position Committee if any representing that Minority Position. The resolution authorizing the Communication Expenditure shall specify the type of Communication and the date the Minority Position statement shall be completed and submitted to the Manager for inclusion in the Communication. All Communications shall present the Majority Position and Minority Position(s) in substantially the same fashion in terms of size; color, type, length, and other physical characteristics. The Minority Position Committee(s) created by operation of this Section shall sunset upon the date the Communication is effected. The motion was seconded by Chairman Kahn and approved bya 5-0 roll call vote. The vote was as follows: Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. Section 3.08. Competitive bid requirement. No discussion. Section 3.09. Removal of Council Appointees, No discussion. ARTICLE IV. LEGISLATIVE 7of9 1 March 7, 2002 Section 4.01. Council meeting procedure. No discussion. Section 4.02. Prohibitions. No discussion. Section 4.03 was redrafted as follows: Seetiot.4.03. Action requiring an ordinance. In addition to other actsrep'ired by law or by specific provision of this Charter to be effected or authorized by ordnance; those acts, of the Village Council shall be by ordinance which: (1) Adopt or amend an administrative regulation or establish, alter or abolish any Village office, depaxtnient;-board or agency; A .. (2) Establish a rule or regulation the violation of which caws a penalty; (3) Levy taxes or appropriate funds; (4) Grant, renew or extend a franchise; (5) Set service or user' charges for municipal services or grant administrative authority to set such charges; (6) Authorize the borrowing of money; (7) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the Village; or (8) Amend or repeal any ordinance previously adopted; except as otherwise provided in this Charter. { Approve expenditures in excess of $500,000 for: (1) the acquisition, construction renovation, or improvement of public buildings or facilities; or (2) the purchase of equipment ("Capital Project") Vice Chairman Kahn made a motion to amend Section 4.03 as follows: (9) Approve expenditures in excess of $500,000 for (1) the acquisition. construction, renovation, or improvement of public buildings or facilities: (2) purchase of land or (3) the purchase of equipment ("Capital Project"). The motion was seconded by Commissioner Lauredo and approved by a 5-0 roll call vote. The vote was as follows: Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. 8 of 9 March 7, 2002 John Festa, 695 Harbor Lane addressed the Commission. The Attorney addressed the Commission regarding this section. The Clerk brought to the attention of the Commission that the Community Center Committee had a scheduled meeting on Monday, March 18, 2002 at 7:30 p.m. in the Council Chamber. It was the consensus of the Commission to schedule the next meeting of the Charter Revision Commission on Monday, March 18, 2002 at 7:00 p.m. in the Council Chamber. The discussion will begin with Section 4.03. The meeting was adjourned at 11:10 p.m. Re ctfuly submitted: hita H. Alvarez, CMC Village Clerk Approved by the Commission this 18th day of March , 2002: ------ 7 Martha F. Broucek Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING, 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. 9 of 9 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 5, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALUTO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:15 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe L Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. The purpose of the meeting was to meet with search consultant, Mr. Lou Fox, Maximus regarding the new Village Manager. Mr. Fox reported to the Council that 96 applications had been received. Roughly 50 through the Office of the Village Clerk and an additional 46 at their office. Mr. Fox presented eighteen (18) suggested progress report candidates who had successful managerial experience either as an assistant city manager or city manager in a community, Mr. Fox also suggested to narrow the list to a group of five (5) finalists;, '!Vice Mayor Oldakowski proposed to start the process by each Councilmember writing the names of the candidates that they would like to submit. 1 of March 5, 2002 Councilmember B ass voted for Gustavo "Gus" C ordoba, M ichael G. M ahaney, Jacqueline R. Menendez, Dale S. Sugerman and Kerry L. Willis as "A" candidates. Councilmember Bass voted for Thomas E. Harris and Michael Uskiewicz as "B" candidates. Councilmember Broucek voted for Linda G. Angus, Ronald W. McLemore, Jacqueline R. Menendez, Modesto Mundo, Michael Uskiewcz and Kerry L. Willis as "A" candidates. Councilmember Broucek voted for Gustavo "Gus" Cordova, J. David Fraser, David J. Niemeyer and Alyce M. Robertson as "B" candidates. Councilmember Broucek voted for Rod Irwin as "C" candidate. Councilmember Fein voted for Linda G.Angus, Michael G. Mahaney, Alyce M. Robertson, Dale S. Sugerman and Kerry L. Willis as "A" candidates. Councilmember Fein voted for Gustavo "Gus" Cordova, Jacqueline R. Menendez and Michael Uskiewicz as B" candidates. Councilmember Fried voted for Gustavo "Gus" Cordova, Thomas K Harris, Jacqueline R. Menendez, Vicent D. Pastue and Keay L. Willis as "A" candidates: Councilmember Peters voted for Linda G.• Angus, Gustavo "Gus" Cordova, Michael G. Mahaney, Ronald W. McLemore and Chilton Harper as "A" candidates. Councilmember Peters voted for J. David Fraser and Jacqueline Menendez as "B" candidates. Vice Mayor Oldakowski voted for Linda G. Angus, Thomas E. Harris, Rod Irwin, Michael G. Mahaney, Jacqueline R. Menendez and Dale S. Sugerman as "A" candidates. Vice Mayor Oldakowski voted for Ronald W. McLemore, Modesto Mundo and David J. Niemeyer as "B" candidates: Mayor Rasco voted for Linda G. Angus, Gustavo "Gus" Cordova, Ronald McLemore, Jacqueline R. Menendez, Modesto Mundo, Alyce M. Robertson and Dale S. Sugerman as "A" candidates. The voting resulted in the selection of the following three candidates: Linda G. Angus, Gustavo "Gus" Cordova and Jacqueline R Menendez. A second vote was taken in order to select two additional candidates. The vote was as follows: Councilmember Bass voted for Michael G. Mahaney, Ronald McLemore and Chilton Harper. Councilmember Broucek voted for Michael G. Mahaney, Ronald W. McLemore and Chilton Harper. Councilmember F ein voted for Michael G. Mahaney, D ale S . S ugerman and K erry L . Willis. Councilmember Fried voted for Dale S:,,Sugcniian and Kerry L. Willis. Councilmember Peters voted for Michael G. Mahaney, Ronald McLemore and Chilton Harper. Vice Mayor Oldakowski voted for Michael G. Mahaney, Ronald W. McLemore and Kerry L. Willis. Mayor Rasco voted for Michael G. Mahaney, Ronald W. McLemore and Dale S. Sugerman. 2 of 3 March 5, 2002 The voting resulted in the selection of the following two additional candidates: Michael G. Mahaney and Ronald W. McLemore. The following five candidates were selected as finalists for the position of Village Manager: Linda G. Angus, Gustavo "Gus" Cordova, Jacqueline R. Menendez, Michael G. Mahaney and Ronald W. McLemore. Mr. Fox was directed to work out an interview schedule with the Council, including a social activity, that would provide interaction between the candidates and the public. The meeting was adjourned at 7:10 p.m. Respectfully submitted: Cone tta H, Alvarez, CMC Village Clerk Approved this 39th day of March , 2002: Joe L Rasco Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 3of3 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 5, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR I. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:20 p.m. Present were Councihnembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk ConchitaH. Alvarez and Village Attorney Richard Jay Weiss. 2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Dr. Jim Leavitt, Chair, Community Center Committee addressed the Council. The presentation by Dr. Leavitt was deferred until later in the meeting. 5. PUBLIC COMMENTS: The following resident addressed the Council: Vicky Simons, 269 Cranwood. 6. AGENDA: The Manager requested the addition of a resolution regarding the 200 Crandon Boulevard property as Item 9D; Councilmember Bass withdrew Item 10A1 and explained that Item 10A4 is for informational purposes; Mayor Rasco requested to move Item 9D to the beginning of I of 9 March 5, 2002 0 the resolutions, the addition of a discussion regarding the St. Agnes field as Item 10A6 and a discussion regarding a potential visit of the National League of Cities Committee to Key Biscayne. as Item 10A7. The Mayor also requested a progress report from the Attorney regarding the Capital Improvement Board as Item 10B1 and the removal of Item 7C from the consent agenda. There were no objections to the agenda changes. 7. CONSENT AGENDA: Vice Mayor Oldakowski requested that an error on page two (2) of the minutes be corrected by substituting the word process by progress. The minutes of the February 25, 2002 Special Council Meeting as amended. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE BUILDING REVIEW COMMITTEE FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION; PROVIDINGFORAN EFFECTIVE DATE. The above consent agenda was approved by a unanimous, vote. 8. ITEM REMOVED FROM THE CONSENT AGENDA: The Clerk read the following resolution by title; A RESOLUTION OF 'THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SPEND FEDERAL ASSET SHARING REVENUE FROM THE U.S. GOVERNMENT TO PURCHASE,. CERTAIN POLICE EQUIPMENT AND FURNISHINGS AS OUTLINED BELOW; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Chief of Police Michael J. Flaherty addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 9. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Attorney. 2of9 March 5, 2002 Hearing Number Sign -02. TRC RE. Investments, Inc., 800 Crandon Boulevard, the applicant is requesting approval of a multitenant sign package with one illuminated sign facing Crandon Boulevard and one illuminated sign facing Mashta Drive. Signage includes 18 inch reverse channel letters, back lite with a maximum size of 18 inches. Jud KurIancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation o f approval s ubject t o t he f ollowing: 1.) S ignage i s limited t o o ne s ign p er establishment. The storefront facing Crandon Boulevard is limited to one sign. The storefront facing Mashta Drive is limited to one sign. Signage shall have one line of letters; 2) Signage shall be I8 in. letters, reverse channel -back line, and dark blue as per the sample provided with this application. The letters shall be Helvetica Medium and 3) An illuminated sign, facing the Le Phare Condominium permitted subject to the stipulation listed in the January 29, 2002 letter from the President of the Association. Councilmember Bass made a motion to approve the request according to staff's recommendation. The motion was seconded by Councilmember Fein. The Mayor opened the public hearing. Linda Mania, 121 Island Drive. The Mayor closed the public hearing. The request was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Hearing Number RV -09. TRC RE. Investments, Inc., 800 Crandon Boulevard, the applicant is requesting approval to construct a 5 ft. Wood fence in place of the required 5 ft. masonry wall along the rear (south) property line. The Mayor, opened the public hearing. The applicant addressed the Council requesting withdrawal of the application. The Mayor closed the public hearing. There was no objection to the request. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN KEY BISCAYNE ISLAND STANDARD, INC., A FLORIDA CORPORATION, AND THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT TH!✓J 3 of 9 March 5, 2002 CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Councill'nember Fried. The Mayor opened the public hearing the public hearing. There were no speakers present. The Mayo closed Elaine Cohen, Weiss Scrota Helfman Pastoriza & Guedes addressed the Council regarding this Vice Mayor Oldakowski requested that staff provide real numbers which will include the requests from the seller for' free rental; property taxes, etc. The, ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Council/timbers Bass, Broucek, Fein; Fried, Peters, Vice` Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk announced the second reading of this ordinance for March 19, 2002. 11. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CONCERNING VILLAGE SANITARY SEWER IMPROVEMENT PROJECT (THE "PROJECT"); PROVIDING FOR REPEAL OF RESOLUTION 99-92, WHICH HAD COMMENCED THE SPECIAL ASSESSMENT FOR THE PROJECT, AND REPEALING RESOLUTION 2001-35, WHICH HAD CONFIRMED THE SPECIAL ASSESSMENTS FOR THE PROJECT; SO AS TO TERMINATE THE SPECIAL ASSESSMENT PROCESS FOR THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Bass.. There was extensive discussion from Council regarding this resolution. Cortncilmember Bass made a motion to defer this resolution. The motion was seconded by Councilmember Fried. Ed Sawyer, 301 McIntyre Street addressed the Council. 4 of9 March 5, 2002 The motion to defer the resolution to the; meeting of April 9, 2002 was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO WITHDRAW THE WASTEWATER COLLECTION SYSTEM LOAN APPLICATION FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to defer this resolution. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution, by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO THE LOCATION, DESIGN, AND CONSTRUCTION OF A CBS BUS SHELTER WITH A METAL SEAM ROOF IN THE CRANDON BOULEVARD PUBLIC RIGHT OF WAY AT THE CURRENT LOCATION OF A BUS STOP AT THE NORTHERN LIMITS OF THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Director Kurlancheek addressed the Council regarding this resolution. It was the consensus of Council to defer this resolution to allow staff to further research the issue. The resolution was deferred by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fried voting No. The Clerk read the following resolution by title:. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SECOND ADDENDUM TO THE LEASE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. 5 of 9 March .5, 2002 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski The Manager addressed the Council regarding this resolution. The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass and Peters were out of the room at the time the vote was taken.. At this time Dr. Jim Leavitt, Chair of the Community Center Committee recommending contracting Leisure Vision to conduct the survey dressed the Council Bob Libb}, 200 Ocean Lane Drive; Arturo Aballi 91 Island Drive and Bonnie Cooper; 77 'Crandon Boulevard addressed the Council' Councilmember Fried made a motion directing the Village Manager to contact Leisure Vision and The Winfield Group survey firms, negotiate a final contract with one, and bring it before Council, at the March 19th Council Meeting, for approval. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers„Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass Vice Mayor Oldakcrwski addressed the Council requesting that the Attorney present an eminent domain scenario at the second reading of the ordinance purchasing the Citgo Gas Station. There was extensive" discussion' from Council regarding this issue and it was the consensus not to consider eminent domain at the same time of the second reading of the ordinance. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Bass also addressed the Council regarding holding a special election to vote on the Recreation Center as proposed. Councilmember Bass addressed the Council regarding a one month trial of a golf cart trolley service for the residents. Mr. Bobby White, with RBNW Enterprises, Inc., llolIywood, Florida and Larry Radzville, 77 Crandon Boulevard addressed the Council regarding this service. It was the consensus of Council to direct the Manager to look into this service. 6of9 0 0 March 5, 2002 Councilmember Bass submitted for the information of the Council the results of a survey sent by the Key Biscayne Chamber of Commerce regarding the proposed Community Center. Councilmember Peters withdrew his motion to create a committee to review the Village of Key Biscayne Zoning ordinances. Mayor Rasco announced that Father Hernando, St. Agnes Church, had agreed to try to negotiate an agreement for the use of the field by the Village. It was the consensus of Council to direct the Manager to negotiate a contract with Saint Agnes for the use of the field. Mayor Rasco addressed the Council regarding a potential visit of a National League of Cities Committee to Key Biscayne. The Mayor requested the support of Council to place Key Biscayne as a potential meeting place. It was the consensus of Council to allow the Mayor to promote Key Biscayne for such a meeting: At this time the Mayor addressed the Council expressing the privilege that the Village of Key Biscayne had last weekend by hosting a New York City firefighter as part of a program from the United States Conference of Mayors. Village Attorney. The Attorney addressed the Council reporting that they are working with the Manager and in the process of gathering information on. Capital Improvement Boards .in other municipalities. Village Clerk. The Clerk did not submit a report. Village Manager. T he Manager p resented t o the Council debt cap calculations following the referendum of December 4, 2001 for the Civic Center Project. The Manager addressed the Council regarding the possibility of refinancing the Village loans. Randy White, Finance Director addressed the Council regarding the debt cap and the refinancing issues. The Manager presented to the Council, as requested at the February 12, 2002 Council Meeting, a report from Corzo Castella Carballo Thompson Salman, Engineers, Architects and Planners regarding Harbor Drive improvements. Ramon Castella, C3TS, Director Kurlancheek and Chief Flaherty addressed the Council regarding the proposed improvements for Harbor Drive. 7of9 March 5, 2002 It was the consensus of Council to direct staff to bring before Council a preliminary proposal for Harbor Drive . Vice Mayor Oldakowski addressed the Council regarding the hiring of a Public Information Officer and recommendedthat this issue be deferred until a new Manager is hired. The Manager gave an update on the relocation of the Fire Station. Chief of Fire Rescue, John °C. Gilbert addressed the Council stating that the firefighters are w occupying the downstairs of the former SunTrust Bank with sleeping and bathroom ;Hides. ' The Manager presented td the Council' information of a' discussion with Miami -Dade County regarding the Crandon Park pedestrian and bike paths. The Manager addressed the Council giving an update on the Beach Renourishment Project. James DeCocq, Beach Renourishment Consultant, addressed the Council regarding this project. 13. OTHER BUSINESS/GENERAL DISCUSSION: Councilmember Fein addressed the Council regarding the progress of the Beach Park and the painting of the Gazebo on the Village Green. Councilmember Fein announced that this meeting is the Manager's last official meeting and expressed the honor it has been to work with the Mr. Kissinger during his tenure. Councilmember` Broucek and Vice Mayor Oldaltowsitr also had words of praise for the Manager. 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 15. ADJOURNMENT: The meeting was adjourned at 10:26 pm. Re ec fully submi�•jted: Set c ita H. Alvttrez, CMC Village Clerk 8of9 0 March 5, 2002 Approved thisitt day of March , 2002: Joe I. Rasco 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. 9 of 9 MINUTES SPECIAL COUNCIL MEE I ING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, FEBRUARY 25, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 8:05 a.m. Present were Councilmembers Scott Bass, Alan H. Fein (arrived at 8:15 a.m.), Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe L Rasco. Councilmember Martha F. Broucek was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Joe Serota. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Fried made a motion to approve the minutes of the February 12, 2002 Regular Council Meeting. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 4. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE AGREEMENT WITH SPILLIS, CANDELA, AND PARTNERS INC. FOR ADDITIONAL DESIGN SERVICES RELATING TO CHANGES IN THE FLOOR PLANS IN THE ADMINISTRATION/POLICE BUILDING AS RECOMMENDED BY THE BUILDING REVIEW COMMITTEE AND APPROVED BY THE VILLAGE COUNCIL; PROVIDING FOR AN EFFECTIVE DATE. 1 of .3 February 25, 2002 Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 5. REPORTS AND RECOMMENDATIONS: The following item was discussed: Mayor and Councilmembers. The proposal for survey and focus groups Community Center Committee was withdrawn. Councilmember Bass addressed the Council regarding holding a Special Election to vote on the proposed Recreation Center. There was some discussion from Council regarding this issue. Councilmember Fried addressed the Council recommending to send a survey letter to every registered voter on Key Biscayne, instead of holding a Special Election. Vice Mayor Oldakowski addressed the Council regarding the progress toselect the new Village Manager. Councilmembers expressed their dissatisfaction with the progress. Mayor Rasco addressed the Council regarding the purchase of the Citgo property. The Mayor expressed amazement at the ad in the Islander News regarding the sale of this property. There was some discussion from Council regarding this issue. Councilmember Fein addressed the Council regarding the Citgo property and the issue of eminent domain. 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 7. ADJOURNMENT: The meeting was adjou.. - , at 8:36 a.m. KEy ctfully submitted; onchita IL Alvarez, CMC Village Clerk 2of3 Approved this 5th day of March , 2002: February 25, 2002 Joe I Rich o 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. 3of3 CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, FEBRUARY 21, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Chairman at 7:00 p.m. Present were Commission Members Stuart D. Ames, Michael Kelly, Luis Lauredo (arrivedat 7:40 p.m), Vice Chairman Michael Kahn and Chairman Martha F. Broucek. Also present were Village Clerk Conchita FL Alvarez and Village Attorneys Richard Weiss and Tony Recio. Chairman Broucek led the Pledge of Allegiance. Vice Chairman Kahn made a motion to approve the minutes of the February 7, 2002 meeting. The motion was seconded by Commissioner Kelly and approved by a 4-0 voice vote. The vote was as follows: Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioner Ames made a motion to accept the alternative language for Section 2.02 as redrafted by the Attorney. The motion was seconded by Chairman Broucek. Section 2.02. Mayor and Vice Mayor. (a) Mayor. The Mayor shall preside at meetings of the Council; and be a votingmember ofthe Council;, agc. cites with'tl,c approval of Council. The Mayor shall be recognized as head of Village government for all ceremonial' purposes and for purposes ofmiiitary law,for service of 1process, execution of duly authorized contracts, deeds and other 'documents, and as the ',Pillage official designated to represent the Village in all dealings with. other governmental 1'entities. The Mayor shall annually present a state of the Village message and. after approval 1 ofS February 21, 2002 of the budget by the Council., an annual budget message. ' The Mayor shall appoint all members of the Village boards, agencies. and committees ("Village Boards"), subject to ratification by the Council. Z Appointment Procedure. Appointments to Village Boards shall become effective upon ratification by the Council. Prior to making any appointments to Village Boards, the Mayor shall solicit at a Council meeting, recommendations from each Council Member for appointees. The Mayor's appointments shall beannounced by the Mayor at a Council meeting that precedes the meeting at which ratification is considered. ii Waiver. The method of appointment herein described may be waived in its entirety in connection with a particular .VillageBoard by an affirmative vote of the Council. Where the Mayor fails to announce appointments to a particular Village Board at the meeting -preceding-the meeting at which ratification is considered. the Council shall appoint the members of theparticular Village Board by an affirmative vote on each appointee at the meeting at which ratification was originally going to be considered. The motion to accept Section 2.02 as redraftedwas approved by a 4-0 voice vote. The vote wasas follows: Commissioners Ames, Kelly Vice Chairman Kahn and Chairman Broucek voting Yes. Section 3.07 as redrafted: Section 3.07. Expenditure of Village funds. No funds of the Village shall be expended except pursuant to duly approved appropriations. Where a resolution h as b een adopted p ursuant t o S ec. 5.02 s etting an election. and the Council approves an expenditure of funds to inform the public of its position ("Maiority Position") with respect to a particular ballot question ("Communication Expenditure") r via mailing& advertising web page& or the like (collectively "Communications"). that Communication shall also inform the public of . ey minority position oft he Council ("Minority Position"). A c onninttee s hall b e formed for each Minority Position, comprised solely of Council Members who hold that Minority Position ("Minority Position Committee"). The content of the Communication relating to each Minority Position shall be determined by the Minority Position Committee representing that 1Vfinority Position. The resolution authorizing the Communication Expenditure shall specify the type of Communication and the date the Minority Position statement shall be completed and: submitted, to the Manager for inclusion in the Communication. All Communications ,shall present thMajonty Position and Minority Position(s) in substantially the same fashion in terms of size. color. type. length. and other physical characteristics. The Minors .y Position Committee(sl created by operation of this Section shall sunset upon the date the 2of5 February 21, 2002 Communication is effected.. Chairman Broucek made a motion to simplify the language and not include a specific procedure in Section 3.07. The motion was seconded by Vice Chairman Kahn and failed by a 1-3 voice vote. The vote was as follows: Chairman Broucek voting Yes. Commissioners Ames, Kelly and Vice Chairman Kahn voting No. Section 4.12 has been deleted. No discussion. SctliO.i 4.12. Village Lod. d, ant ageficiA. For consistency with the defined term "Council", Section 4.13 has been changedto read: Section 4.13. Village Code, Ordinances and Resolutions. Except as otherwise modified or replaced by this Charter or by the Vitlag., Council, all codes, ordinances and resolutions of the Village and of Metropolitan Dade County, as applicable to the Village, which County and Village Codes, ordinances and resolutions are in effect as of April 1, 1997, shall remain in force and effect as municipal codes, ordinances and resolutions of the Village. Section 4.13. No discussion. Article VI. Charter Amendments Section 6.01. Charter Amendments. No discussion. Section 6.02. Procedure to amend. The Attorney addressed the Commission regarding the changes that were currently being made to Section 5.02 requiring review of legal sufficiency and legality of initiative and referendum petition documentation, by the Village Attorney at the expense of the Village, prior to obtaining elector signatures. The Attorney suggested to include similar language in Section 6.02. The Commission concurred and the Attorney wilI bring back sample language. Section 6.03. Form of ballot. No discussion, Conchita Suarez, 201 Crandon Boulevard addressed the Commission. Article VII. General Provisions Section 7.01. No casino gambling. Commissioner Kelly asked if this provision applied to casino boats. The Attorney explained that the City of Hollywood was currently facing litigation on this very 3 of February 21, 2002 same question, but it was his preliminary opinion that the provisionwo'uld not' prohibit activities that took placesolely outside the Village boundaries. Section 702. Severability. No discussion. Section 7.03. Conflicts of interest; ethical standards. No discussion. Section 7.04. Village personnel system; merit principle. Chairman Broucek asked whether Village employees were currently under a ten -step pay plan. The Clerk explained that this is the procedure careently'in place. Section 7.05. Grants and charitable contributions. Commissioner Ames made a motion to reduce the approval of grants or charitable contributions to five (5) Councilmembers. The motion was seconded by Commissioner Kelly and approved by a 4-0 voice vote. The vote was as follows: Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes. Section 7.06. Charter revision. Commissioner Ames n ea motion to increase the time between mandatory Chaiter'Revisions to every. ten (71 years." he'motion *was seconded by. Chairman Broucek. The motion was tabled to the next meeting, so that the item could be brought back for discussion when Commissioner Lauredo was present. Section 7.07. Variation of pronouns. No discussion. Article VIII. Transition Provisions. No discussion. Section 8.01. Temporary nature of Article. No discussion.' Section 8,04. Taxes and fees. No discussion. Section 8.07. Initial election of Council and Mayor. No discussion, There was extensive discussion from the Commission on the redrafted language for Section 2.03. Section 2.03 was discussed, and the option of increasing the term length to three (3) years for not more than two (2) consecutive terms. No action was taken on this item. Commissioner Ames discussed the possibility of placing two alternatives on the ballot for voters to choose from. The Attorney explained that only those amendments that received a majority vote would be adopted and, in the case of two conflicting amendments, assuming first that both received 4of5 C February 21, 2002 a majority, the provision with more positive votes would be adopted. Commissioner Lauredo expressed firm disagreement with placing two alternatives on the ballot, because it would confuse voters and might result in neither provision being adopted. Chairman Broucek made a motion to amend Section 2.03 changing the terms for the Mayor and Councihnembers to two (2) three (3) year terms and no person shall serve on the Council, as Mayor or as any Councilmember for more than two (2) consecutive terms. The motion died for lack of a second. Commissioner Ames excused himself from the meeting at 8:00 p.m. The February 28th meeting was canceled to allow the Attorney sufficient time to put together a final package for the Commissioners' review. The next meeting of the Charter Revision Commission will be on Thursday, March 7, 2002 at 7:00 p.m. in the Council Chamber. At this meeting a review of all amendments will be made. Commissioner Lauredo also expressed disappointment with the lack of public participation in the Charter Revision process and the lack of coverage by the Islander News. The meeting was adjourned at 8:20 p.m. ctfullY subfried: Approved by the Commission this 7th day of March , 2002: Martha F. Broucek Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITHRESPECT TO ANY MATTER CONSIDERED AT A MEETING, 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. 5of5 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 12, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:05 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. 2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Chief of Police, Michael J. Flaherty introduced Mrs. Theodore Zorsky and daughters to the Council. The Mayor, on behalf of the Council, presented a proclamation to the family of deceased Officer Theodore Zorsky. Ms. Zorsky, on behalf of the family, addressed the Mayor and Council expressing their appreciation. The Mayor, on behalf of the Council, also presented a proclamation to Mr. Richard Hunt, President, 200 Club of Greater Miami for his contribution, on behalf of the Club, to the Zorsky family. Mr. Hunt addressed the Mayor and Council expressing his appreciation for the honor. The Mayor, on behalf of the Council presented a proclamation to the 2001 Winterfest Committee. Mr. Bob Bristol, on behalf of the Winterfest Committee, accepted the proclamation. 1of10 1 February 12„2002 Mr. Michael Futterman, "`CPA, Director for Rachlin Cohen & Holtz LLP Certified Public Accountants made a presentation to the Council regarding the 2001 Comprehensive Annual Financial Report. Ms. Carol Diaz -Castro, Chair, Ed Easton, Vice Chair and Henny Groschel-Becker, Building Review Committee addressed the Council submitting a Final Report. The following recommendations were made by the Committee: 1. The plan for the Fire Station should remain unchanged. 2. As to the Police/Administration, building, the floor plan should be changed in accordance with the Spillis Candela plan presented, at the February 11; 2002 Building Review Committee meeting with the following conditions: a) The second floor of the building should remain unchanged in accordance with thefloor plan; b.) The conununity^ room on the firstfloor should be returned for use by the Chamber of Commerce; c.). The total cost for these plans and retrofit construction shall not exceed $200,000. In the event that the cost of plans and retrofit exceeds $200,000, the Committee does not recommend that the Village go forward with theselchanges ? Nina Gladstone, Project Manager, with Spillis Candela addressed the Council presenting the proposed changes to the first floor. Raul Lastra, O.B.M. Miami, addressed the Council regarding the west wing of the Fire Station. Chief Flaherty and Jud Kurlancheek, Building, Zoning and Planning addressed the Council regarding the proposed changes. Vice Mayor Oldakowski made a motion accepting the Final Report presented by the Building Review Committee. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Mayor, on behalf of the Council, expressed his appreciation to the Committee for a job well done. 5. PUBLIC COMMENTS: The following residents addressed the Council: Isabel Gambino, 676 Ridgewood Road; Susan Krupnick Key Biscayne and James Taintor, 355 Harbor Drive. 6. - AGENDA: Vice Mayor Oldakowski requested the addition of a motion to approve the recommendations of the Building Review Committee as presented in their report, immediately before Item 10A1 and a motion regarding the transition period of the Village Manager as hem 10A10; Councihnember Bass requested to withdraw Items 10A2 and 10A3; Councilmember Broucek requested to hear Items 9B and 10A5 at the same time and Councihnember Bass requested the addition of a discussion regarding holding a referendum on the Recreation Center as Item 10A9. There was no objection to the agenda changes. 2rof 10 0 0 February 12, 2002 7. CONSENT AGENDA: Mayor Rasco requested the removal of Item 7C from the Consent Agenda and Councilmember Broucek requested the removal of Item 7E from the Consent Agenda. The following consent agenda was approved by unanimous consent: The minutes of the January 29, 2002 Zoning Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO ETHICS; URGING LOCAL BUSINESSES AND THE KEY BISCAYNE CHAMBER OF COMMERCE THAT ALL OF ITS MEMBERS ADOPT THE MODEL CODE OF BUSINESS ETHICS AND REQUIRING ALL PERSONS TO ADOPT THE CODE OF ETHICS PRIOR TO OR AT THE TIME OF ENTERING INTO CONTRACTS WITH THE VILLAGE OF KEY BISCAYNE; - PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING A DONATION TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION SURVIVING FAMILIES; PROVIDING FOR AN EFFECTIVE DATE. ITEMS REMOVED FROM THE CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH RACHLIN, COHEN & HOLTZ, LLP FOR AUDITING SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Vice 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 Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE TWO NEW VEHICLES FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. 3 of 10 February 12, 2002 Councilmember Fein made a motion to approve the resolution. The motion Mayor Oldakowski. Chief Flaherty addressed the Council regarding this resolution. as seconded by Vice The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. S ORDINANCES: There were no ordinances considered by Council. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO GENERATE ROUGH DESIGN/SOLUTION DRAWINGS TO ALLEVIATE TRAFFIC CONGESTION ON HARBOR DRIVE. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Fein. Henny Groschel-Becker, 290 West Mashta Drive; Carol Diaz -Castro, 240 Hampton Lane and James Taintor, 355 Harbor Drive addressed the Council. Councihnember Peters withdrew the resolution. Councilmember Fein made an amending motion to direct the Manager to look into previous reports conducted on traffic congestion at Harbor Drive and report back to Council. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilnembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; TO FORM A COMMITTEE TO. BE KNOWN AS THE SEPTIC TANK UTILITY COMMITTEE. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Linda Davitian, 720 Myrtlewood Lane addressed the Council. 4of10 1 February 12, 2002 The Attorney addressed the Council regarding this resolution. Councilmember Peters withdrew the resolution. Councilmember Fein made a motion requesting that Ms. Linda Davitian look into the possibility of forming a Septic Tank Utility Committee and i eport to Council on her findings within 60 days. The motion was seconded by Councilmember Peters and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fried voting No. At this time Item 10A5 was heard. The Manager addressed the Council recommending that if the Sewer Project is not going forward at this time, the Village should notify the State and withdraw the application for the loan. It was the consensus of Council to direct the Manager to draft a letter to the State withdrawing the loan application for the Sanitary Sewer Project and present it to the Council for approval, at the next Council meeting. It was the consensus of Council to direct the Manager to draft a letter to the residents with septic tanks explaining the delay of the Sanitary Sewer Project with a time line. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO COMPLETE AND INITIATE NEW DESIGNS AS REQUIRED FOR WATER, WASTE, AND UNDERGROUND UTILITIES. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Linda Davitian, 720 Myrtlewood Lane addressed the Council. Councilmember Peters withdrew the resolution. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING THE HEART DISEASE AND . HYPERTENSION PRESUMPTION FOR SWORN LAW ENFORCEMENT OFFICERS; PROVIDING FOR AN EFFECTIVE DATE. 5of10 February 12, 2002 Vice Mayor Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Chief Flaherty and Randy White, Finance Director addressed the Council regarding this resolution. James Taintor, 355 Harbor Drive addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers,Bass Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE CONSTRUCTION OF PHASE 2 SITE AND SITE INFRASTRUCTURE WORK FOR THE CIVIC CENTER; PROVIDING THAT THE SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUM PRICE OF THE SITE AND SITE INFRASTRUCTURE WORK; PROVIDING FOR AN EFFECTIVE DATE. Councihnember Fein made a motion to approve the resolution. The motion was seconded by Vice Mayor Oldakowski Director Kurlancheek, Raul Lastra, OBM Miami addressed the Council regarding this resolution. Carol Diaz -Castro, 240 Hampton Lane addressed the Council. Director Kurlancheek addressed the Council stating that Council needs to approve the expenditure of additional money in order for Spillis Candela to commence design drawings to make the changes proposed by the Building Review Committee. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers Vice Mayor Oldakowski made a motion to direct staff to take the necessary steps in order to implement the recommendation of the Building Review Committee as 6 of 10 O 0 February 12, 2002 presented tonight, to immediately instruct the contractors not to undertake any work that can be avoided where changes might be made and to report back to Council, as soon as possible, with the appropriate documents to implement these changes. The motion was seconded by Councilmember Fein. The Attorney addressed the Council regarding this motion. The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass and Mayor Rasco addressed the Council regarding the creation of a permanent Capital Improvement Advisory Board. It was the consensus of Council to direct the Attorney to start drafting an ordinance to implement this Board. Vice Mayor Oldakowski addressed the Council regarding the need to hire a Public Information Officer. Vice Mayor Oldakowski made a motion to direct the Manager to bring a proposal to Council to hire a Public Information Officer. The motion was seconded by Councilmember Broucek. Pat Weinman, 940 Mariner Drive and Susan Krupnick, Key Biscayne addressed the Council. There was extensive discussion from Council regarding this issue. The motion was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fried voting No. Councilmember Fein was out of the Chamber at the time the vote was taken. Vice Mayor Oldakowski made a motion to extend the meeting. to 11:15 p.m. The motion was seconded by Councilmember Bass and approved by 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein was out of the Chamber at the time the vote was taken. Vice Mayor Oldakowski addressed the Council regarding a request by the Community Center Committee to get bids for a survey and focus groups regarding programs for the Community Center. Councilmember Broucek "made a motion to approve the request by the Community Center Committee to get bids for a survey and focus groups regarding programs for the Community Center. The motion was seconded by Vice Mayor Oldakowski. 7of10 February 12, 2002 Jun Leavitt, Chairman, Recreation Center Committee, 240 island Drive; Ed Meyer, 100 Sunrise Drive addressed the Council Councilmember Broucek made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Vice Mayor Oldakowski and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes.. Councilmembers Bass and Fried voting No. It was the consensus of Council to direct staff and the Committee to report back to Council, as soon as possible, with a potential proposal to conduct the survey. Mayor Rasco addressed the Council regarding the status of the purchase of the Citgo property.. The Manager addressed the Council stating that the owner of. the Citgo Property has given the approval to conduct Phase I and Phase II of the environmental study. This study should be completed in 30 days. Councilmember Bass withdrew Item 10A9. Vice Mayor Oldakowski addressed the Council regarding the transition period for the Village Manager. Vice Mayor Oldakowski proposed to engage Moyer and Associates as Village Manager, effective March 15, 2002 and offer the Manager a consulting arrangement where the Manager would be available for information and support for the interim Village Manager. There was extensive discussion from Council regarding this issue. Councilmember Fein made a motion to extend the meeting to 11:45 p.m. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Manager stated that he would cooperate with Council as muchas he could, in order to accomplish a smooth transition for the new manager. The Manager also stated that he would accept to stay as consultant for $10,000 a month for a period of two months. Vice Mayor Oldakowski made a motion to engage Moyer and Associates as Village Manager for a sum' of $2,500 per month, effective March 15, 2002 and to hire the Manager as consultant for $10,000 per month for a period of two months. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. 8 of 10 C) February 12, 2002 Vice Mayor Oldakowski made a motion to pay the Village Manager for vacation and sick time accrued in excess of what the contract allows. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk addressed the Council regarding the need of a full-time assistant for the Clerk's Office. Councilmember Broucek made a motion authorizing the Village Clerk to hire a full-time assistant at a salary of $24,000 a year plus benefits. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk submitted to the Council, for their information, the Charter Revision Commission Minutes for the meetings of December 18, 2001, January 17, 2002 and January 30, 2002. The Clerk submitted to the Council, for their information, the Building Review Committee Minutes for the meetings of January 22, 2002 and January 31, 2002 and the Community, Center Review Committee Minutes for the meetings of January 24, 2002 and January 28, 2002. The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor during the months of January and February 2002: St. Agnes Parish on the dedication and blessing of the Parish Center, Auditorium and Academy expansion; congratulating the Key Biscayne Community Church on their 50th Anniversary, Don Harrison, Vista Memorial Gardens, for their contribution to the family of Officer Zorsky; Lissette Salinas, Vista Memorial Gardens, for their contribution to the family of Officer Zorsky, Mark Revitz, Vista Memorial Gardens, for their contribution to the family of Officer Zorsky; the Hialeah Police Department, for their contribution to the family of Officer Zorsky; the Hollywood Police Department,for their contribution to the family of Officer Zorsky; the Pinecrest Police Department, fortheir contribution to the family of Officer Zorsky; the South Miami Police Department, for their contribution to the family of Officer Zorsky Village Manager. The Manager addressed the Council regarding a request from Dr. Steve A. Simon, President, Key Biscayne Athletic Club, regarding the benefits of lighting the empty lot known as the Scharenberg Project. It was the consensus of Council to approve this request. John C. Gilbert, Chief of Fire Rescue addressed the Council regarding the status of the, actions being taken as a possible relocation of the firefighters to the old SunTrust Bank Building. The Manager presented to the Council the Civic Center - Debt Cap calculations. 9of10 February 12, 2002 The Manager addressed the Council regarding the relocation of all signage from CrandonBoulevard. The Manager informed the Council that the Village had received a check in the amount of $65,000 as a result of the lawsuit with Amoco. The Manager presented the Council with a report on bus shelters. 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 11:45 p.m. fully submitted: Conchita H. Alvarez, CMC Village Clerk Approved this 25th day of February ,. 2002: Joe I. Rasco 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. 10 of 10 MINUTES CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, FEBRUARY 7, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Vice Chairman at 7:05 p.m. Present were Commission Members Stuart D. Ames, Michael Kelly and Vice Chairman Michael Kahn. Commissioner Luis Lauredo and Chairman Martha F. Broucek were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Weiss; Commissioner Kelly made a motion to approve the minutes of the January 30, 2002 meeting. Commissioner Ames requested that a scriveners error on page three (3) of the minutes be corrected as follows: The -Attorney Commissioner Ames discussed the possibility of voting for specific seats. The motion as amended was seconded by Commissioner Ames. The minutes as amended were approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. Commissioner Ames addressed the Commission regarding Section 2.02. Mayor and Vice Mayor (a) Mayor. recommending the following language: Section 2.02. Mayor and Vice Mayor (a) Mayor. (a) " Mayor. The Mayor shall preside at meetings of the Council, be a voting member of the Council, and establish and appoint Committees comprised solely of Council Members. The 1 of II I Mr. Michael Futterman, CPA, Director for Rachlin Cohen & Holtz LLP Certified Public Accountants made a presentation to the Council regarding the 2001 Comprehensive Annual Financial Report. Ms. Carol Diaz -Castro, Chair, Ed Easton, Vice Chair and Henny Groschel-Becker, Building Review Committee addressed the Council submitting a Final Report. The following recommendations were made by the Committee: 1. The plan for the Fire Station should remain unchanged. 2. As to the Police/Administration building, the floor plan should be changed in accordance with the Spillis Candela plan presented at the February 11, 2002 Building Review Committee meeting with the following conditions:; a.) The second floor of the building should remain unchanged in accordance with the floor plan; b.) The community room on the first floor should be returned for use by the Chamber of Commerce; c.) The total cost for these plans and retrofit construction shall not exceed $200,000. In the'event that the cost of plans and retrofit exceeds $200,000, the Committee does not recommend that the Village go forward with these changes. Nina Gladstone, Project Manager, with Spillis Candela addressed the Council presenting the proposed changes to the first floor. Raul Lastra,.O.B.M. Miami, addressed the Council regarding the west wing of the Fire Station. Chief Flaherty and Jud Kurlancheek, Building, Zoning and Planning addressed the Council regarding the proposed changes. Vice Mayor Oldakowski made a motion accepting the Final Report presented by the Building Review Committee. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows:Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski' and Mayor Rasco voting Yes. The Mayor, on behalf of the Council, expressed his appreciation to the Committee for a job well done. 5. PUBLIC COMMENTS: The following residents addressed the Council: Isabel Gambino, 676 Ridgewood Road; Susan Krupnick, Key Biscayne and James Taintor, 355 Harbor Drive. 6. AGENDA: Vice Mayor Oldakowski requested the addition of a motion to approve the recommendations of the Building Review Committee as presented in their report, immediately before Item 10A1 and a motion regarding the transition period of the Village Manager as Item 10A10; Councilmember Bass requested to withdraw Items 10A2 and 10A3; Councilmember Broucek requested to hear Items 9B and 10A5 at the same time and Councilmember Bass requested the addition of a discussion regarding holding a referendum on the Recreation Center as Item 10A9. There was no objection to the agenda changes. 2of10 casi February 7, 2002 Commissioner Kelly made a motion to approve Section 2.03 as redrafted. The motion was seconded by Commissioner Ames and approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. John Festa, 695 Harbor Lane addressed the Commission regarding term limits. It was the consensus of the Commission that at the last revision the Attorney will provide language addressing both alternatives: three consecutive two year terms or four consecutive two year terms. Adopting the changed embodied in Section 2.03 will necessitate changes in Sections 5.01(d) and (e), which have been redrafted to read: Section 5.01. Elections. (d) Primary election. The ballot for the primary election shall contain the names of all qualified candidates for Mayor and for the thin. (3) Cvwx.iliueaul min' six (6) Council positions t�.,ns e�piriug, and shall instruct electors to cast one (1) vote for Mayor and no more than three (3) six (6) votes for Council, with a maximum of one (1) vote per candidate. If any candidate for Mayor receives a number of votes greater than fifty percent. (50%) of the total number of ballots cast, such candidate shall be the duly elected Mayor, and no regular election for Mayor shall be required. If any candidate(s) for Council receive(s) a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate(s) shall be duly elected to the Council, and the number of positions contested in the regular election shall be decreased accordingly. (e) Regular election. The ballot for the regular election shall contain the names of the two (2) candidates for Mayor who received the most votes in the primary election. The ballot for the regular election shall also contain the names of the s (6) twelve (12) candidates for Council who received the most votes in the primary election, provided that if any Council positions were filled in the primary election, the number of Council candidates on the ballot shall be a number equal to the remaining number of Council positions to be filled, times two (2). The ballot shall instruct electors to cast one (1) vote for Mayor and to cast a number of votes for the Council not greater than the number o f contested Council positions, with a maximum of one (1) vote per candidate. The candidate for Mayor receiving the most votes shall be the duly elected Mayor. The candidates for Council receiving the most votes, respectively, shall be duly elected to the remaining positions to be filled on the Council. Commissioner Ames made a motion to approve the redrafted language of Section 5.01. The motion was seconded by Commissioner Kelly and approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. 3 of 9 February 7, 2002 Proposed Transition Provisions to facilitate change to two-year terms: (a) Transition. This Section shall apply to all nrimary and regular elections for Council and Mayor held in 2002. and any conflicting provisions of Sections 2.03 and 5.01 shall not apply to such elections. (b) 2002 Elections. Primary and regular elections shall be held in 2002 in the manner described in Section 5.01. except that only three (3) Council Members shall be elected. The tree (3) Council Members shall serve two (2) year terms. Thereafter all primary and regular elections shall be held pursuant to theprocedures set forth in Section 2.03 and Section 5.01. Commissioner Kelly made a motion to approve the proposed Transition Provisions. The motion was seconded by Commissioner Ames and approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. Section 2.07 has been redrafted to read: Section 2.07. No compensation; reimbursement for expenses. Council Members (including the Mayor) shall serve without compensation but shall receive reimbursement for authorized travel and per diem expenses incurred in the performance of their official duties in accordance with applicablelaw, or as maybe otherwise provided by ordinances —for Commissioner Kelly made a motion to approve Section 2.07 as redrafted. The motion was seconded by Commissioner Ames and approved by 3-0 voice vote The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. Section 3.07 has been redrafted to read: Section 3.07. Expenditure of Village funds. No funds of the Village shall be expended except pursuant to duly approved appropriations. Where a resolution has been adopted pursuant to Section 5.02 setting an election, and the Council approves an expenditure of funds to inform the public of their position with res ect to a particular ballot question via mailings, advertising. web page& or the likelcollectively "Communications"), that Conmumication shall also inform the public of any minority position of the Council ("Minority Position"). i A Council Committee shall be formed for each Minority Position, comprised solely of Council Members who hold that Minority Position. The content of the Communication relating to each Minority Position shall be determined by the Council Committee representing that Minority Position. The resolution authorizing the Communication Expenditure shall specify the type of 4of9 February 7, 2002 Communication and the date of the Minority Position statement shall be completed and submitted to the Manager for inclusion in the Communication. All Communications shall present majority and minority o Os' ions i n i dentical fashion i n t erms o f s ize c olor. t vne.1 eneth. etc. T he C ouncil Committee(s) created by operation of this Section shall sunset upon the date the Communication is effected. The Attorney addressed the Commission regarding Section 3.07. Commissioner Ames suggested to insert the following language in the next to the last sentence of Section 3.07 as follows: All communications shall present majority and minority positions in substantially the same fashion, so that no one position is given prominence over any other position. John Festa, 695 Harbor Lane; Conchita Suarez, 201 Crandon Boulevard and Pat Weinman, 940 Mariner Drive addressed the Commission. Vice Chairman Kahn discussed the issue between "majority and minority" among Counciimembers. Commissioner Kelly made a motion to approve Section 3.07. Expenditure of Village funds. with the following amendment: All Communications shall present majority and minority positions in identical substantially the same fashion ' . and other physical characteristics. The motion was seconded by a Commissioner Ames and approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. Vice Chairman Kahn requested a three (3) minute recess. The meeting was reconvened at 8:10 p.m. Sec. 3.08. Competitive bid requirement. No discussion. Conchita Suarez, 201 Crandon Boulevard addressed the Commission. The Manager and Ju d K urlancheek, D irector o f B uilding, Z oning and P lamiing addressed the Commission regarding the bid process. Sec. 3.09. Removal of Council Appointees. No discussion. The Attorney addressed the Commission explaining Section 3.09. Article IV - Legislative 5of9 February 7, 2002 Sec. 4.01. Council meeting procedure. There was extensive discussion from the Commissioners regarding this section. John Festa, 695 Harbor Laneaddressed the Commission regarding the Council Meeting procedure. No changes were made to Section 4.01. Sec. 4.02. Prohibitions. (a) Appointment(s) and removals. (b) Interference with administration. (c) Holding other office. No discussion. Richard Gregorie, Key Biscayne addressed the Commission regarding Section 4.02. Sec. 4.03. Action requiring an ordinance. There was some discussion regarding this section. John Festa, 695 Harbor Lane addressed the Commission regarding Section 4.03. It was the consensus of the Commission to direct the Attorney to look at the words in this section "Village office, department, board or agency" related to an action requiring an ordinance. No changes were made to Section 4.03. Sec. 4.04. Emergency ordinances. No discussion. Sec. 4.05. Annual budget adoption. No discussion. Sec. 4.06. Fiscal year. No discussion. Sec. 4.07. Appropriation amendments during the fiscal year. No discussion. Sec. 4.08. Authentication, recording and disposition of Ordinances, resolutions and charter amendments. No discussion. Sec. 4.09. Tax levy, No discussion. Sec. 4.10. Borrowing. There was discussion among the Commissioners regarding this section. The Attorney and the Manager addressed the Commission regarding Section 4.10. 6of9 C February 7, 2002 Richard Gregorie, Key Biscayne and John Festa, 695 Harbor Lane addressed the Commission regarding this Section. The Clerk read into the record a statement by Pat Weinman, 940 Mariner Drive regarding this section. No changes were made to Section 4.10. Sec. 4.11. Revenue Sharing. No discussion. Sec. 4.12. Village boards and agencies. The Attorney addressed the Commission regarding this section. Commissioner Ames made a motion to delete Section 4.12. Village boards and agencies. The motion was seconded by Vice Chairman Kahn and approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. Sec. 4.13. Village Code, Ordinances and Resolutions. No discussion. Sec. 4.14. Special Assessments. No discussion. Article V - Elections Sec. 5.01. Elections. There was extensive discussion from Commissioners regarding this section. This Section was revised at the beginning of the meeting. Sec. 5.02. Initiative and referendum. There was extensive discussion from Commissioners regarding this section. Conchita Suarez, 201 Crandon Boulevard; Richard Gregorie, Key Biscayne and John Festa, 695 Harbor Lane addressed the Commission. The Attorney proposed to change the language in Section 5.02 (b) Commencement ofproceedings. to include language requiring the Attorney to review petitions as to legal sufficiency at the Village's expense. Vice Chairman Kahn requested a 3 minute recess. The meeting was reconvened at 9:40 p.m. 7of9 February 7, 2002 Commissioner Kelly made a motion to accept the recommendation made by the Attorney regarding Section 5.02 (b) Commencement of proceedings. Commissioner Ames amended the motion to include language requiring the Attorney to respond in a timely manner, as to the legal sufficiency of a petition.Commissioner Kelly accepted the friendly amendment. Commissioner Ames seconded the motion as amended and it was approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. The Attorney suggested draft language to include a 30 day limitation clause, for initiative and referendum for capital improvement projects, Aunt approval of the contract. Notification procedure for residents regarding approval of contracts for capital improvement projects was also suggested. John Festa, 695 Harbor Lane; Richard Gregorie, Key Biscayne Conchita Suarez, 201 Crandon Boulevard and Linda Davitiap, 720 Myrtlewood Lane addressed the Council. Vice Mayor Kahn made a motion instructing the Attorney to draft language to reflect the above recommendations. The motion was seconded by Commissioner Kelly and approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. Commissioner Kellymade a motion amending Section 5.02 (c) Petitions. ii. Form and content that the petitioners form include a section describing the proposed amendment in plain English. The motion was seconded by Commissioner Ames and approved by a 3-0 voice vote. The vote was as follows: Commissioners Ames, Kelly and Vice Chairman Kahn voting Yes. John Festa, 695 Harbor Lane addressed the Commission regarding this amendment. Sec. 5.03. Form of ballots. No discussion. The next meeting of the Charter Revision Commission will be on Thursday, February 21, 2002 at 7:00 p.m. in the Council Chamber. The discussion will begin with Article VI. Charter Amendments. The meeting was adjourned at 10:20 p.m. equity submiee& c/..,./ - SA" onchita H. Alvarez, CMC Village Clerk 8of9 0 February 7, 2002 Approved by the Commission this 21st day of February , 2002 Martha F. Broucek Chairman IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING, 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. 9 of 9 MINUTES CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, JANUARY 30, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Chairman at 7:05 p.m. Present were Commission Members Stuart D. Ames, Michael Kelly, Luis Lauredo, Vice Chairman Michael Kahn and Chairman Martha F. Broucek. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Weiss and Tony Recio. Chairman Broucek led the Pledge of Allegiance. Commissioner Ames made a motion to approve the minutes of the January 17, 2002 meeting. Commissioner Lauredo requested that an error in Section 2.02 be corrected to reflect a 4-1 vote and the words "approval of the Council" in the body of the provision would not be underlined. The motion was seconded by Vice Chairman Kahn. The minutes, as amended, were approved by a 4-1 voice vote. The vote was as follows: Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioner Lauredo voting No. Chairman Broucek addressed the Commission regarding the importance of setting the schedule of future meetings of the Charter Revision Commission. After extensive discussion by the Commission, the schedule of future meetings was set as follows: Thursday, February 7, 2002 Thursday, February 21, 2002 Thursday, February 28, 2002 Thursday, March 7, 2002 1 of 6 January 30, 2002 Conchita Suarez, 201 Crandon Boulevard; John Festa, 695 Harbor Lane; Pat Weinman, 940 Mariner Drive addressed the Commission. The proposed language for Section 2.02 is as follows: Section 2.02. Mayor and Vice Mayor (a) Mayor. The Mayor shall preside at meetings of the Council, be a voting member of the Council, and name Council Committees from among members of the Council. The Mayor shall appoint members of the Village boards, agencies, and committees, created. pursuant to Section 4.12, with prior notification, input from, and approval of the Council. The Mayor shall be recognized as head of Village government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and as the Village official designated to represent the Village in all dealings with other governmental entities. The yayor shall annually present a state of the Village message and, after approval of the budget by the Council an annual budget message. Vice Chairman Kahn suggested to insert "and" before "be a voting member", insert a period after "Council" and delete "and name Council Committees from among members of the Council". John Festa, 695 Harbor Lane and Pat Weinman, 940 Mariner Drive addressed the Commission regarding Committees. Members Ames suggested to delete "with" before Section 4.12, insert "subject to" instead of "with prior". Member Kelly suggested that the attorney draft two provisions reflecting the process for appointing committee members: 1.) Mayor notified Council that he intends to appoint members; 2.) Mayor seeks input from the Council; 3.) Mayor appoints committee members (appointments are not limited to those that the Council has offered) ; 4.) Council approves or disapproves Mayor's selections. While both provisions will reflect this information, one will include provision for Council Committees and one will not: The attorney was instructed to draft language in Section 2.02 to reflect the two versions, with regards to Council Committees, proposed by the Commission. Commissioner Lauredo addressed the Commission regarding the presentation of a budget message by the Mayor expressing his opposition to the language "after approval of the budget by the Council". Commissioner Kahn made a motion to insert a period after the word "message" and delete the remainder of the sentence. The motion was seconded by Commissioner Lauredo and failed by a 2-3 voice vote. The vote was as follows: Commissioner Lauredo and Vice Chairman Kahn voting Yes. C 2 46 January 30, 2002 Commissioners Ames, Kelly and Chairman Broucek voting No. Commissioner Kelly made a motion to accept the last sentence as presented in the Attorney's suggestion. The motion was seconded by Commissioners Ames and approved by a 4-1 voice vote. The vote was as follows: Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes. Commisisoner Lauredo voting No. The proposed language for Section 2.03 is as follows: Section 2.03. Election and term of office. Each Councilmember and the Mayor shall be elected at - large by the electors of the Village in the manner provided in Article V of this Charter. The Mayor shall be elected for a two (2) year term. Each Councilmember shall be elected for a fuui (4) two (2) year term. No person shall serve as Mayor for more than two (2) consecutive elected terms, and no person may serve on the Council, or as any combination of Mayor and Council Member, for more than -tight (8) six (6) consecutive years. Commissioners expressed general consensus that elections every year were problematic. Isabel Gambino, 676 Ridgewood Road and Pat Weinman, 240 Mariner Drive and John Festa, 695 Harbor Lane addressed the Council. Vice Chairman Kahn made a motion to amend Section 2.03. Election and term of office. changing the terms to three (3) two (2) year terms for Mayor and Council, an election every other year with no staggering terms. The motion was seconded by Commissioner Lauredo and approved by a 4-1 voice vote. The vote was as follows: Commissioners Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioner Ames voting No. Commissioner Ames suggested three (3) year terms with groups of two (2) Councilmembers elected each year in a staggered format. The other commissioners did not support this proposal. Vice Chairman Kahn made a motion to reduce the number of Councilmembers to five (5), including the Mayor. The motion was seconded by Commissioner l auredo and failed by a 2-3 voice vote. The vote was as follows: Commissioner Lauredo and Vice Chairman Kahn voting Yes. Commissioners Ames, Kelly and Chairman Broucek voting No. Commissioner Ames discussed the possibility of voting for specific seats. The Commission did not act on this discussion and expressed a general desire to keep the at -large voting scheme. Richard Gregorie, Key Biscayne addressed the Council. 3,of6 January 30, 2002 Since Section 2.03 was changed, Section 5.01 needs to be redrafted. Sec. 2.05. Vacancies; forfeiture of office; filling of vacancies. No discussion. Sec. 2.06. Recall. No discussion. Sec. 2.07. No compensation; reimbursement for expenses. There was discussion from the public and the Commissioners, but no changes were suggested for this section. Ed Meyer, 100 Sunrise Drive and Michelle Barnett; 355 West Wood Drive and John Festa, 695 Harbor Lane and Richard Gregorie addressed the Commission regarding Section 2.07. Sec. 3.01. Village Manager. John Festa 695 Harbor Lane; Conchita Suarez, 201 Crandon Boulevard; Linda Davitian, 720 Myrtlewood Lane and Richard Gregorie, Key Biscayne addressed the Commission regarding Section 2:07. The matter was discussed at length, but the Commission decided against making any changes to this section. Sec. 3.02. Appointment; removal; compensation. No discussion. Sec. 3.03. Powers and duties of the Village Manager. Ed Meyer, 100 Sunrise Drive and Richard Gregorie, Key Biscayne addressed the Commission regarding the Manager should not have control over the police chief and fire chief. The matter was discussed at length, but the Commission decided against making any changes to section 3.03. Sec. 3.04. Village Clerk. No discussion. Sec. 3.05. Village Attorney. There was public comment regarding having a permanent Village Attorney rather than a law firm and regarding a possible conflict of interest in having the same firm counsel the Village Council and represent the Village in litigation. Commissioner Ames explained that the legal profession's code of ethics required the Village Attorney to disclose and avoid conflicts of that nature. Chairman Broucek expressed satisfaction with the commitment, work, and fees of the Village Attorney. 446 January 30, 2002 Commissioner Lauredo stated that the Charter provision already allowed the Village to hire an individual attorney if the Council so desired and advised that this Commission was not the proper forum for this discussion. Richard Gregorie, Key Biscayne and Conchita Suarez, 201 Crandon Boulevard addressed the Commission regarding section 3.05. Sec. 3.06. Village code of administrative regulations. No discussion. Sec. 3.07. Expenditure of Village funds. There was extensive discussion regarding the expenditure of Village funds for expressing views prior to a referendum election. Commissioner Lauredo made a motion to prohibit the expenditure of public funds on expressing the Council's viewpoint when a referendum issue is on the ballot. The motion died for lack of a second. Commissioner Ames made a motion to instruct the Attorney to draft some sample language to include the following parameters: equal -expenditure provision whereby, prior to a referendum election, if the Council decides to spend public funds on a statement of position or persuasion for a particular issue, that the minority opinion of the Council, if there is one, has the opportunity to draft and mail out the same size position statement. The motion was seconded by Commissioner Kelly and approved by a 4-1 voice vote. The vote was as follows: Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioner Lauredo voting No. Linda Davitian, 720 Myrtlewood Lane; Richard Gregorie, Key Biscayne and John Festa, 695 Harbor Lane addressed the Commission regarding Section 3.07. Commissioner Lauredo expressed his opposition to the expenditure of public funds on expressing the Council's viewpoint when a referendum issue is on the ballot. The next meeting of the Charter Revision Commission will be on Thursday, February 7, 2002 at 7:00 p.m. in the Council Chamber. The discussion will begin with Sec. 3.08. Competitive bid requirement. The meeting was adjourned at 11:00 p.m. 5of6 January 30, 2002 ectfully sub Conchita IL Alvarez CMC Village Clerk Approved by the Commission this 7th day of February .200 Martha F. Broucek Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING, 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. 6of6 MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 29, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Chairman at 7:25 p.m. Present were Councilmembers Scott Bass, Martha. F. Broucek, Mortimer Fried, James L. Peters and Vice Mayor Robert Oldakowski. Councilmember Alan H. Fein and Mayor Joe I. Rasco were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Jay Weiss and Nancy E. Stroud, 2. APPROVAL OF MINUTES: Councilmember Bass made a motion to approve the minutes of the June 27, 2000 Local Planning Agency Meeting. The motion was seconded by Councilmember Fried and approved by a 5-0 voice vote. The vote was as follows: Couneilmembers Bass, Broucek, Fried, Peters and Vice Mayor Oldakowski voting Yes. 3. ORDINANCES: A public hearing and recommendation of Village Council sitting as the Local Planning Agency was held on the following proposed ordinance: The Clerk read the following ordinance by title: AN 0 RDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100(0(3) OF THE ZONING: AND LAND DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM PROJECTION OF DOCKS AND RELATED MARINE STRUCTURES INTO THE ATLANTIC OCEAN AND BISCAYNE BAY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 1 oft January 29, 2002 Councilmember Bass made a motion recommending the adoption of the ordinance to the Village Council. The motion was seconded by Councilmember Peters. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Members of the Local Planning Agency regarding this ordinance. Councilmember Fried made an amending motion to restrict the size of the boat within the D5 triangle. Councilmember Bass seconded the motion and it was approved by a 4-1 roll call vote. The vote was as follows; Counctimembers Bass, Fried, Peters and Vice Mayor Oldakowski voting Yes. Councilmember Broucek voting No. The Attorney addressed the Members of the Local Planning Agency regarding the process. The Vice Mayor opened the public hearing. Richard Bunnell, President Bunnell Foundation, Miami; David Ettman, Miami Shores; Jim Taintor, 355 Harbor Drive; Ed Meyer, 100 Sunrise Drive addressed the Council. The Vice Mayor closed the public hearing. The motion to recommend the adoption of this ordinance, as amended, to the Village Council failed by a 3-2 roll call vote. The vote was as follows_ Councilmenibers Bass, Fried and Vice Mayor Oldakowski voting Yes. Councihnembers Broucek, Fein, Fried and Peters voting No. 4: ADJOURNMENT: The meeting was adjourned at 8:20 p.m: ully submi, tail. Alvarez, CMC Village Clerk r: Approved this 19th day of March , 2002: Robert Oldakowski Chairman 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 HILL NEED A RECORD OF THE PROCEEDEVGSAND FOR SUCH PURPOSE, MAY NEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2of2 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 29, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR , 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Vice Mayor at 8:21 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein (arrived at 8:45 p.m.), Mortimer Fried, James L. Peters and Vice Mayor Robert Oldakowski. Mayor Joe I. Rasco was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Jay Weiss and Nancy E. Stroud. 2. PLEDGE OF ALLEGIANCE: Vice Mayor Oldakowski led the Pledge of Allegiance. 3. AGENDA: Vice Mayor Oldakowski requested the withdrawal of Item 8A1; Councilmember Peters requested the addition of a discussion regarding a Fire Department health issue as Item 8A1. There was no objection to the agenda changes. Santiago Echemendia, attorney with Tew Cardenas Rebak Kellogg Lehman DeMaria Tague Raymond & Levine, L.L.P., on behalf of the Key Biscayne Shopping Center Joint Venture, requested the withdrawal of Items 6A, 6B and 6C without prejudice. Councilmember Broucek made a motion to accept the withdrawal of Items 6A, 6B and; 6C without prejudice. The motion was seconded by Councilmember Fried and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters and Vice Mayor Oldakowski voting Yes. Z`of 5 January 29, 2002 Wayne Mania, 121 Island Drive, Linda Mania, 121 Island Drive and Roberto Canto, 670 South Mashta Drive addressed the Council. There was extensive discussion from Council regarding the request for a multi tenant sign package. Councilmember Fein made a motion to defer this resolution to the Council Meeting of February 12, 2002. The motion was seconded by Councilmember Bass and approved by a 4-2 voice vote. The vote was, as follows: Councilmembers Bass, Broucek, Fein and Vice Mayor Oldakowski voting Yes. Councilmembers Fried and Peters voting No. At this time Items 7B and 7C were heard. Director Kurlancheek, Rick Derrer, President, James A. Cummings, Inc. addressed the Council regarding these resolutions. Mr. Derrer and Chief of Fire Rescue John C. Gilbert addressed the Council regarding the Fire Station under construction. Carol Diaz -Castro, 240 Hampton Lane; Blanca Mesa, 544 Femwood Road; Rafael Perez, 524 Femwood Road; Richard Gregorie, Key Biscayne; Jim Taintor, 355 Harbor Drive and Linda Davitian, 720 Myrtlewood Lane addressed the Council. There was extensive discussion from Council regarding, Items 7B and 7C. The Clerk read the followingresolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE . CONSTRUCTION OF PHASE 1 SITE AND SITE INFRASTRUCTURE WORK FOR THE CIVIC CENTER; PROVIDING THAT THE SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUM PRICE OF THE SHE AND SITE INFRASTRUCTURE WORK; PROVIDING FOR AN ElitiN.CTIVE DATE. Director Kurlancheek addressed the Council regarding this resolution. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers,Bass, Broucek, Fein, Fried, Peters and Vice Mayor Otdakowskt voting Yes. 3of5 January 29, 2002 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 10:35 p.m. fully subm orichita H. Alvarez, CMC Village Clerk Approved thia day of February 2002: Joe L Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER 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 CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JANUARY 17, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR. The meeting was called to order by the Chairman at 7:00 p.m. Present were Commission Members Stuart D. Ames, Michael Kelly, this Lauredo, Vice Chairman Michael Kahn and Chairman Martha F. Broucek. Also present were Village Manager Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Weiss and Tony Redo. Attorney Weiss gave an invocation. The Chairman led the pledge of allegiance. The minutes of the December 18, 2001 meeting were approved by unanimous consent. Commissioner Lauredo was provided with the Public Notice of the meeting and expressed disappointment that only one advertisement was run because he wants to encourage public participation. In addition to the notice provided by the Village, the Islander News ran front page articles regarding the meeting and the Charter Revision. Commissioner Kahn made a motion to advertise the meeting schedule twice in the Islander News and run the schedule on Channel 99. The motion was seconded by Commissioner Ames and approved by a 5-0 voice vote. The vote was as follows: Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. 1 of 5 January 17, 2002 Commissioner Lauredo requested to change the meeting scheduled for January 31, 2002. It was the consensus of the Commission to schedule the meetings as follows: January 30, February 7 and February 18, 2002. It should be noted that public notice for the January 30, 2002 meeting can only be run once, because the Islander News is published only on Thursdays. All future meetings, however, will be noticed twice in accordance with the Commission's wishes. Commissioner Lauredo made a motion to keep Section 1.01. Corporate existence. as is. The motion was seconded by Commissioner Kelly and approved by a 5-0 voice vote. The vote was as follows: Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. It was the consensus of the Commission that there was no need to make motions on Sections of the Charter where no changes were suggested. Conchita Suarez, 201 Crandon Boulevard and Camille Guething, 260 Seaview Drive addressed the Commission regarding Section 1.03; Isabel Gambino, 676 Ridgewood Road; Hugh O'Reilly, 476 Allendale Road addressed the Commission regarding Section 1.04; Blanca Mesa, 544 Femwood Road addressed the Commission regarding condemnation. Section 1.01. Corporate existence. No discussion. Section 1.02. Form of government No discussion. Section 1.03. Corporate boundary/MAP. There was comment from the public that it was misleading to show Calusa Park within the boundaries of the Village of Key Biscayne. The Attorney responded that any deannexation required County action under the Miami -Dade County Charter and could not be affected by the Commission simplyy by amending the Village Charter. Section 1.04. Powers. There was publiccommentregarding amending this provision to specifically except the power of eminent domain and the power to tax real property higher than the Florida statutory roll -back rate. The Attorney explained that both suggestions were legal, but unique. Commissioner Lauredo requested an explanation of the roll -back rate. The Attorney explained the "truth in taxing", or TRIM legislation, which can be found in Chapter 200, Florida Statues; Article VII, Section 4, Constitution. 2of5 January 17, 2002 The Commissioners expressed a general dissatisfaction with removing the power of eminent domain, which they saw as necessary for emergency measures such as could occur in the aftermath of a hurricane. Section 1.05. Construction. No discussion. Section 1.06. Capitalization. No discussion. Section 2.01. Village Council. Chairman Broucek expressed a desire to have the defined term "Council Members" consistently described throughout the Charter. Mortimer Fried, 291 Harbor Court and Camille Guething, 260 Seaview Drive addressed the Commission regarding Section 2.02. Mayor and Vice Mayor. Section 2.02. (a) Mayor. There was extensive discussion from the Commission regarding the appointment of members to Village boards, naming of Committees and the annual budget message. Pat Weinman, 940 Mariner Drive and Dick Gregorie, Key Biscayne addressed the Commission regarding Section 2.02. (a) Mayor. The Attorney explained that the Charter authorized two types of committees: 1.) Committees consisting of only Councilmembers who are appointed by the Mayor, and 2.) Boards and agencies consisting of non-Councilmembers; although created by the Council, members may only be appointed by the Mayor. This distinction was discussed at length. Commissioners discussed the duty of the Mayor to give "an annual budget message" at length with the Manager. Commissioner Ames made a motion to amend Section 2.02. (a) Mayor. by inserting "from among members" in front of the word of. The motion was seconded by Commissioner Kelly . Commissioner Kelly suggested to amend Section 2.02. (a) Mayor. by inserting a period after Council and insert "The Mayor shall" at the beginning of the sentence, delete "and" and insert " after agencies and committees" and insert after the word the "prior notification, input and". Commissioner Ames suggested to amend Section 2.02. (a) Mayor. by inserting "after approval of the annual budget, of the Village by the Council" after and. The above amendments were approved by a 4-1 voice vote. The vote was as follows: Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioner Lauredo voting No. 3of5 January 17, 2002 Although the following language amending Section 2.02. (a) Mayor. was approved, the Attorney was instructed to draft some sample language to increase the clarity of the section: 'The Mayor shall preside at meetings of the Council, be a voting member of the Council, and name committees from among members of the Council. The Mayor shall appoint members of the Village boards, agencies, and committees with prior notification, input from, and approval of the Council..... The Mayor shall annually present a state of the Village message and after approval by the Council an annual budget message. Section 2.02. (b). Vice Mayor. No discussion. Section 2.03. Election and term of office. Dick Gregorie, Key Biscayne; Michele Barnett, 355 West Wood Drive; Conchita Suarez, 201 Crandon Boulevard; Camille Guething, 260 Seaview Drive and Ed Meyer,100 Sunrise Drive and Linda Davitian, 720 Myrtlewood Lane addressed the Council regarding terms of office. Commissioner Lauredo made a motion to amend Section 2.03. Election and term of office. by reducing the term limit for Councilmembers to a two (2) year term and no person shall serve for more than six (6) consecutive years. The motion failed for lack of a second. E. 7 Commissioner Ames made a motion to amend Section 2.03. Election and term of office. by reducing the term limit for Councilmembers to a two (2) year term and no person shall serve for more than three consecutive two (2) year terms. The terms will be staggered so that three (3) Councilmember are elected each year. The motion was seconded by Commissioner Kahn and approved by a 5-0 voice vote. The vote was as follows: Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes. Commissioner Lauredo suggested to reduce the number of Councilmembers to four (4) and the Mayor. The motion was seconded by Commissioner Kahn and failed by a 2-3 voice vote. Commissioner Lauredo and Vice Chairman Kahn voting Yes. Commissioners Ames, Kelly and Chairman Broucek voting No. Camille Guething, 260 Seaview Drive and Carol Diaz -Castro, 240 Hampton Lane addressed the Council regarding the number of Councilmembers. The Attorney was instructed to draft transition provisions for the change to two (2) year terms for Councilmembers. Section 2.04. Qualifications. No discussion. 4 of January 17, 2002 Section 2.05. Vacancies, forfeiture of office, filling of vacancies. Camille Guething, 260 Seaview Drive and Conchita Suarez, 201 Crandon Boulevard addressed the Commission regarding Section 2.05. Section 2.05. Forfeiture of office. (b)(ii) Forfeiture by absence. The Commissioners discussed clarifying the defined term of "Regular Meetings", or, changing the language of this provision to account for zoning meetings of the Council. The next meeting of the Charter Revision Commission will be on Wednesday, January 30, 2002 at 7:00 p.m. in the Council Chamber. The discussion will begin with Section 2.05 of the Charter. The meeting was adjourned at 11:00 p.m. fully submy ita H. Alvarez, CMC Village Clerk Marldta F. Broucek Chairman Approved by the Commission this 30th day of January 2002: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING, 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. 5of5 MINUTES VIII. AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 15, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:05 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, James L. Peters, Vice Mayor Robert Oldakowski and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Jay Weiss and Joseph Serota. 2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: There were no special presentations. 5. PUBLIC COMMENTS: The following residents addressed the Council: Camille Guething, 260 Seaview Drive; Yolanda Hernandez, 881 Ocean Drive; Ed Meyer, 100 Sunrise Drive; Pat Weinman, 940 Mariner Drive; Jorge Mendia, 111 Island Drive; Isabel Gambino, 676 Ridgewood Drive; Richard Gregorie, Key Biscayne; Josefina Mendez de Ruiz, 640 Fernwood Road; Hugh O'Reilly, 475 Allendale Road; Linda Davitian, 720 Myrtlewood Lane; Michael Kelly, 395 Gulf 1 of January 15, 2002 Road; Ann Leon Cavallo, 750 Curtiswood; Vicky Simons, 269 Cranwood Drive; Jim Leavitz, 280 Island Drive; Kathy King, 745 Fernwood Road; Carol Diaz -Castro, 240 Hampton Lane; Jacqueline Sanchez-Volny, 385 Ridgewood Road; Scott Lyman, 201 Galen Drive. 6. AGENDA: Mayor Rasco requested to hear Items 9B, 9C, 10A1, 2, 3, 4, 6, 7, and 13 at the same time; Councilmember Peters requested to remove Item 7B from the Consent Agenda; Councilmember Broucek requested to remove Item 7C from the Consent Agenda. The Attorney requested an Executive Session regarding The Coalition to Rescue Paradise vs. The Village of Key Biscayne and The Coalition to Save Paradise. vs. The Village of Key Biscayne in the Appellate Division Circuit Court. There was no objection to the agenda changes. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the November 27, 2001 Zoning Meeting. 8. ITEMS REMOVED FROM CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING CONSTRUCTION OF PLAYING FIELDS AT 200 CRANDON BOULEVARD; RATIFYING ACCOMPLISHMENT OF CONSTRUCTION BY THE VILLAGE OF KEY BISCAYNE AUTHORIZING WAIVER OF COMPETITIVE BIDDING; PROVIDING. FOR AN EFFECTIVE DATE. Mayor Rasco made, a motion to approve the. resolution. The motion was seconded by Councilmember Fein. Councilmember Fein made an amending motion to add the following language to the resolution "not to exceed a total project cost of $130,000." The motion was seconded by Councilmember Bass. Councilmember Fein withdrew his amendment. It was the consensus of Council to defer this resolution to the Zoning Meeting of January 29, 2002. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RATIFYING THE APPOINTMENT OF THE MEMBERS OF THE CHARTER REVISION COMMISSION OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR EF'FECTIVE DATE. 2of7 January 15, 2002 Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice Mayor Oldakowski and approved by a 7-0 voice vote.The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. ORDINANCES: There were no ordinances considered by Council. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE CONSTRUCTION OF PHASE 1 SITE AND SITE INFRASTRUCTURE WORK FOR THE CIVIC CENTER; PROVIDING THAT THE SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUM PRICE OF THE SITE AND SITE INFRASTRUCTURE WORK; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein. Director of Building, Zoning and Planning Jud Kurlancheek, addressed the Council regarding this resolution. Councilmember Bass made a motion to defer this resolution to the Zoning Meeting of January 29, 2002. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmember Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, TO FORM A COMMITTEE TO BE KNOWN AS THE CIVIC CENTER REVIEW COMMITTEE. There was extensive discussion from Council regarding these issues. The following residents addressed the Council: Andrew Gordon, 269 Cranwood Drive; Steve Sonnabend, 5 Coconut Lane; Henny Groschel Becker, 290 West Mashta; Camille Guething, 260 Seaview Drive; Pat Weinman, 940 Mariner Drive; Kathy King, 745 Femwood Road; Jim Levitz, 240 Island Drive; Ed Meyer, 100 Sunrise Drive; Jim Taintor, 355 Harbor Drive; 3 of 7 January 15, 2002 Rafael Perez, 524 Fernwood Road; Arturo Aballi, 91 Island Drive; Michael Kelly, 395 Gulf Road and Carol Diaz -Castro, 240 Hampton Lane. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Bass and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Bass, Broucek and Peters voting Yes. Councilmembers Fein, Fried, Vice Mayor Oldakowski and Mayor Rasco voting No. At this time Vice Mayor Oldakowski madea motion to appoint a Building Review Committee empowered to review current space allocations in the Police/Administration Building and the Fire Station and make recommendations for changes, if any, to the Village Council. The motion was seconded by Councilmember Bass and approved by a 5-2 roll call vote. Thevote was as follows: Councilmembers Bass,Broucek, Fried, Peters and Vice Mayor Oldakowski voting Yes. Councilmember Fein and Mayor Rasco voting No. Councilmember Fried made a motion that the Committee should be made of six people and the Committee shall report back to Council within 30 days. The motion was seconded by Vice Mayor Oldakowski and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass, Fein, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmembers Broucek, Fried and Peters voting No. The Attorney addressed the Council stating that any Committees appointed by the Council would be subject to the Sunshine Law. The following residents were appointed to the Building Review Committee: Deborah de Leon, Carol Diaz -Castro, Ed Easton, Henny Groschel-Becker, Peter Harrison and Miles Price. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE VILLAGE MANAGER TO HALT CONSTRUCTION OF NON LOAD BEARING WALLS ON CERTAIN CIVIC CENTER BUILDINGS UNDER CONSTRUCTION. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Councilmember Fried. The resolution failed by a 2-4 roll call vote. The vote was as follows: Councilmembers Bass and Peters voting Yes. Councilmembers Broucek, Fein, Fried and Mayor Rasco voting No. Vice Mayor Oldakowski was out of the room at the time the vote was taken. 4of7 January 15, 2002 Councilmember Peters made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Vice Mayor Oldakowski and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Bass voting No. At this time, the Manager addressed the Council regarding the Beach Renourishment Project. Mr. Bill Thompson on behalf of the Beach Renourishment Committee, addressed the Council recommending that the contractor, Ryan, Inc., comply with the following: 1.) The replacement barge and all other equipment is assembled, loaded and, ready for mobilization to the Key Biscayne borrow site by January 18„2002. "Other equipment" includes, but is not limited to, the barge, crane, dredge, booster pump, tugs, workboats and associated expendable supplies; 2.) Personnel needed to conduct all offshore and onshore beach renourishment and survey operations are in place, with proper insurance coverage, by January 18, 2002 to enable mobilization; and 3.) Mobilization to the borrow site is to begin immediately upon the occurrence of good weather. If recommendations 1 and 2 are not met by the target date of January 18, 2002, the BRC recommends that the Village notify the bonding company for the BRC that Ryan, Inc., is in default of their contract to perform the beach renourishment. The Committee further recommends that the Village Manager, with the assistance from the Village Attorney, send a letter to Will Ryan, the President of Ryan, Inc., reiterating these same action items. The Manager stated that the Village supports the above recommendations. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PLACE A CBS BUS SHELTER WITH A METAL SEAM ROOF IN THE CRANDON BOULEVARD PUBLIC RIGHT OF WAY AT THE TOWERS OF KEY BISCAYNE; AUTHORIZING THE VII .1AGE MANAGERTO NEGOTIATE WITH THE OCEAN VILLAGE CONDOMINIUM BOARD, THE TOWERS, THE PANKEY BUILDING AND MIAMI-DADE COUNTY IN CRANDON PARK TO PLACE ONE BUS SHELTER AT ONE OF THESE LOCATIONS ALONG CRANDON BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. Director Kurlancheek addressed the Council regarding this resolution. The Manager withdrew the resolution. 5 of 7 January 15, 2002 The Clerk submitted to the Council the Certification of the December 4, 2001 special election results. A motion to accept the certification was made by Councilmember Peters. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco made a motion adopting his recommendations to form a Community Center Committee. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski andMayor Rasco voting Yes. Rafael Perez, 524 Femwood Road; Pat Weinman, 940 Mariner Drive; Jim Leavitt, 240 Island Drive and Arturo Aballi, 91 Island Drive'adlressed'the Council. It was the consensus of Council to appoint the following residents to the Community Center Committee: Arturo Aballi, Raul Alvarez, Ana Brennan, Jim Clayton, Bill Cole, Bonnie Cooper, Deborah de Leon, Francisco de la Camara, Carol Diaz -Castro, Robert Duzoglou, Barry Goldmeir, Kathy King, Jim J ravitt, Bob Libby, 'Jorge Mendia, Jose Ortega, Rafael Perez, Robert Vernon, John Valentine and Pat Weinman. The considerations and deliberations of this committee will be in the following areas: A.) The absolute maximum space required to address the present and future needs of the community center; B.) Based on the needs analysis, arrive at a maximum number of square feet; C) Reconcile square feet with other limiting factors such as 1. Lot coverage, height and other zoning considerations; 2. Building and internal road placement; 3. Budget; 4. Debt considerations; 5. Selection of architect and architectural guidelines; 6. Construction bidding process; 7. Landscaping; 8. Public input process to be followed; 9. Parking needs; 10. Security and access to center; 11. Programming fee policy; 12. Programs/classes offered vs. existing island merchants; 13. Project management; 14.Pool; 15 Maintenance costs and operational expenses; 16. Time line. The Committee shall report back to Council within 60 days. Vice Mayor Oldakowski made a.motion to extend the meeting to 11:45 p.m. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Peters, Vice Mayor Oldakowski and Mayor Rasco voting Yes. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted a copy of her office's 2001 annual report to the Council. 6of7 Joe L Rasco Mayor January 15, 2002 The Clerk also submitted to Council, for their information, the meeting schedule for the Charter Revision Commission. The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor during the month of December 2001: proclaiming the December 20, 2001 as Chief R. D. Paulison Day. Village Manager. The Manager presented to the Council debt cap calculations for the Civic Center. The Manager presented to the Council a Sanitary Sewer Project update. The Manager presented to the Council a table on the refinancing of the Village loans. 11. OTHER BUSINESS/GENERAL DISCUSSION: Them 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 11:50 p.m. Village Clerk Approved this 29th day of January , 2002: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 7of7