HomeMy Public PortalAbout11-26-16 - Zoning Meeting.pdfMINUTES
ZONING MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBEP. 29, 2016
COI.]NCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The Mayor called the meeting to
order at 7:00 p.m. Present were Councilmembers Franklin H. Caplan, Luis de la Cruz, Gary R.
Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Mayor Mayra P. Lindsay. Also
present were Village Manager John C. Gilbert, Village Clerk Conchita H. Alvarez and Village
Attorney Stephen H. Helfinan.
2. PLEDGE OF ALLEGIANCE: Councilmember McCormick led the Pledge of Allegiance.
3. BRIEF COMMENTS BY COUNCIL: The Mayor wished everyone a Happy
Thanksgiving, stating that we have a lot to be thankful here in this community and also welcomed
the new Councilmembers. Councilmember de laCruz and Councilmember Gross also welcomed
the new Councilmembers.
4. AGENDA: Mayor Lindsay requested the addition of appointments to the Education
Advisory Board as Item 947; Councilmember Caplan requested the addition of a discussion
regarding the opening/cutting ribbon ceremony of Hampton Park as Item 948. There was no
objection to the agenda changes.
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5. APPROVAL OF MINUTES: Councilmember Caplan made a motion to approve the
minutes of theNovember 1,2016 Regular Council Meeting, as amended. The motion was seconded
by Councilmember Moss and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Caplan, delaCruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting
Yes.
6. BUILDING, ZONING AND PLANNING: All witnesses given testimony in the public
hearings were sworn in by the Clerk.
Public Hearing Number RV-37. The applicants, Claudio Insenga and Annamaria Perrone, 360
Harbor Drive, are requesting to exceed the 40 ft. maximum protection of a dock from a bulkhead by
15 ft. in order to permit a dock that projects 55 ft. from the bulkhead.
Councilmember Caplan made a motion to approve the variance
Councilmember de la Cruz.
The motion was seconded by
The Manager and Jud Kurlancheek, Building, Zoningand Planning Director addressed the Council
recommending approval of the variance as it is consistent with the Zoning and Land Development
Regulations.
The Mayor opened the public hearing. Bill Hunning, Manager for 380 Harbor Drive, Mario
Garcia Serra, Attorney andLazaroDiaz,representing the owners addressed the Council. The
Mayor closed the public hearing.
There was extensive discussion from Council regarding this variance. The Attorney also addressed
the Council regarding this variance.
Councilmember Caplan made an amending motion to add a condition of no mooring piles. The
motion was seconded by Councilmember Gross and approved by a 7-0 voice vote. The vote was as
follows: Councilmembers Caplan, delaCruz, Gross, McCormick, Moss, Petros and Mayor Lindsay
voting Yes.
The variance, as amended, was approved by a 6-1 roll call vote. The vote was as follows:
Councilmembers Caplan, de la Cru4 Gross, McCormick, Moss and Petros voting Yes. Mayor
Lindsay voting No.
Public Hearing Number. SP-26. The Applicant, the Village Manager, 530 Crandon Boulevard, is
requesting approval of a site plan for apark.
Councilmember Caplan made a motion to approve the site plan. The motion was seconded by
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November 29,2016
Councilmember Moss
Councilmember Caplan made a motion to defer this public hearing to the first Council Meeting in
February 2017. The motion was seconded by Councilmember de la Cruz and approved by a7-0
voice vote. The vote was as follows: Councilmembers Caplan, de la Cruz, Gross, McCormick,
Moss, Petros and Mayor Lindsay voting Yes.
The Manager addressed the Council regarding the hearing. At this time Gianno Feoly, with Calvin
Giordano & Associates, addressed the Council explaining the different options for the conceptual
site plan design and Salman Rathore, with the Corradino Group, addressed the Council regarding
the traffic report.
Parks and Recreation Director Todd Hofferberth also addressed the Council regarding the park site
plan.
There was extensive discussion from Council regarding the above reports. The Attomey also
addressed the Council regarding the above reports.
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,
FLORIDAO AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER
INTO A CONTRACT \üITH FIRE\ryORKS BY GRUCCI, INC. FOR JULY ATH
FIREWORKS DISPLAYS; AND PROVIDING FOR EFFECTIVE DATE.
Councilmember Caplan made a motion to approve the resolution. The motion was seconded by
Mayor Lindsay.
The Manager and Parks and Recreation Director Hofferberth addressed the Council recommending
approval of the resolution authorizing the Village Manager to negotiate and enter into a contract with
Fireworks by Grucci, Inc. to perform the services required to produce the Village's Fourth of July
fireworks display.
There was extensive discussion from Council regarding this resolution.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers
Caplan, delaCruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
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November 29, 2016
9. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember delaCruz addressed the Council regarding adaptive
traffic signals on Crandon Boulevard.
Joe Corradino with the Corradino Group and Chief of Police Charles Press addressed the Council
regarding the above subject.
It was the consensus of Council to direct the Manager to contact Commissioner Suarez and also
directed the Attomey to work on an interlocal agreement with the County regarding the traffic signals
on Crandon Boulevard. Also directed the Manager to bring back, at the first meeting in January, an
interim solution.
The Attomey also addressed the Council regarding the traffic signals and drafting an interlocal
agreement with the County.
Councilmember Gross proposed to review all Committees, appoint Committee members when
needed/appropriate and consider dissolving Committees that are no longer necessary. The Mayor
addressed each Committee and requested nominations, for those that are missing members, to be
submitted to the Clerk. There was extensive discussion from Council regarding the Land
Acquisition Committee. It was the consensus of Council to schedule a workshop on Tuesday,
February 7,2016 on the Land Acquisition Committee. The Manager and the Attomey also addressed
the Council regarding this Committee.
Councilmember de la Crvz addressed the Council regarding the adoption of a resolution urging the
United States Army Corps of Engineers, the Florida Department of Environmental Protection and
the South Florida Water Management to expedite Phase II of the Biscayne Coastal Wetlands Project.
The Clerk was directed to forward to Council those resolutions sent to the Clerk's Office by other
municipalities. The Attomey was directed to draft a resolution reflecting the above.
The Mayor appointed Kenneth Coto, with consensus of Council, to the Youth Athletic Advisory
Board. Councilmember de la Cruz will be the Council liaison to this Committee.
The Mayor addressed the Council regarding legislative priorities at the State and local level. The
Mayor proposed to add beach renourishment and obtain some kind of dispensation so that we are
able to add more sand to our beach. The Mayor also proposed to add water projects and traffic
lights.
The Mayor requested that Councilmembers submit nominations to the Clerk for the Education
Advisory Board.
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November 29, 2016
Councilmember Caplan addressed the Council regarding the schedule for the opening of Hampton
Park. There was discussion from Council regarding the opening of the park. It was the consensus
of Council to schedule the opening of the park some time in January.
Village Attorney. The Attorney, on behalf of Special Counsel, requested an Executive Session on
December 6,2016 at 6:00 p.m. related to the cases styled Village of Key Biscayne vs City of Miami,
Case No. 15-2997, Village of Key Biscayne vs NMMA, Case No. 15-9160 and Village of Key
Biscayne vs City of Miami, Case No. 2015-200-AP-01.
Village Clerk. The Clerk presented to the Council the Certification of the November 8, 2016
Municipal Election results. The Clerk is requesting a motion to approve her Certification of the
November 8,2016 Municipal Election results.
Councilmember Caplan made a motion to accept the Clerk's Certification of the November 8,2016
Municipal Election results. The motion was seconded by Councilmember Moss and approved by
a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, delaCnn, Gross, McCormick,
Moss, Petros and Mayor Lindsay voting Yes.
Pursuant to Section 2.02(b) of the Village Charter, an election was held for the Vice Mayor's seat.
The Mayor opened the floor for nominations. Mayor Lindsay nominated Councilmember Caplan.
The nomination was seconded by Councilmember Petros. The Mayor closed the floor for
nominations.
The motion to elect Councilmember Caplan as the new Vice Mayor was approved by a 7-0 voice
vote. The vote was as follows: Councilmembers Caplan, delaCruz, Gross, McCormick, Moss,
Petros and Mayor Lindsay voting Yes.
The Clerk presented to the Council the proposed2}l7 Village Council Meeting schedule. There was
discussion from Council regarding the proposed meeting schedule. The Mayor requested to add
another meeting in October. This meeting will be held on October 24,2017 . It was the consensus
of Council to also add a Land Acquisition V/orkshop on Tuesday, February 7 ,2017 at 7:00 p.m.
Village Manager. The Manager did not submit a report.
10. OTHERBUSINESS/GENERAL DISCUSSION: Therewas no furtherbusiness discussed.
I 1. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
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November 29, 2016
12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of tuture meetings and
events was presented to the Council.
13. ADJOURNMENT: The meeting was adjourned at 10:25 p.m.
submítted:
Conchítø H. Alvørez, MMC
Vílløge Clerk
Approved thìs 10th day of Jønuar!¡ , 2017:
Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILI,,,IGE 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 EWDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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