HomeMy Public PortalAbout06-23-15 - Zoning Meeting.tifMINUTES
ZONING MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JUNE 23, 2015
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 Theodore Holloway (arrived 7:10 p.m.),
Michael E. Kelly, Edward London (arrived 7:15 p.m.), James S. Taintor, Vice Mayor Franklin H.
Caplan and Mayor Mayra Lindsay. Councilmember Luis de la Cruz was absent. Also present were
Village Manager John C. Gilbert, Village Clerk Conchita H. Alvarez and Village Attorney Stephen
J. Helfman.
2. PLEDGE OF ALLEGIANCE: Mayor Lindsay led the Pledge of Allegiance.
3. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay gave a brief update on the Marine
Stadium situation and thanked everyone that is involved and committed to this issue;
Councilmember Taintor reported that Governor Scott vetoed the two line items dealing with the
Marine Stadium and also reported that the Council will hold, for the first time, an Executive Session
on this matter.
4. AGENDA: There were no changes to the agenda.
5. APPROVAL OF MINUTES: Vice Mayor Caplan made a motion to approve the minutes
of June 9, 2015 Regular Council Meeting. The motion was seconded by Councilmember Kelly and
approved by a 4-0 voice vote. The vote was as follows: Councilmembers Kelly, Taintor, Vice Mayor
Caplan and Mayor Lindsay voting Yes.
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6. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public
hearing were sworn in by the Clerk.
Hearing Number SP -23. The Applicant, 101 Sunrise Holdings, LLC, is requesting approval of a site
plan for an 11 unit apartment building at 202 Sunrise Drive.
Mario Garcia Serra, Attorney with Gunster, Yoakley & Stewart, P.A., Miami, representing
the owner, addressed the Council. Gabriel Lopez, Architect for the project, gave a
presentation to the Council regarding the project.
Vice Mayor Caplan made a motion to approve the site plan with the Building Zoning and Planning
Director's conditions. Councilmember London seconded the motion.
Building Zoning and Planning Director Jud Kurlancheek addressed the Council recommending
approval of the project subject to the following conditions: 1.) The dumspter shall be constructed
of concrete block and stucco. The building material for the gate shall only be comprised of metal;
2.) The Building, Zoning and Planning Director shall approve the design of the aluminum picket
fence which surrounds the Property, sliding gates at the two (2) entrances to the parking garages and
the dumpster enclosure and 3.) The property contains a variety of palm trees and canopy trees.
Those trees which will be removed or retained on the site prior to demolition, the Village shall have
the opportunity to remove those trees that will not be retained on site and place them on public
property. The relocation cost of such trees shall be at the expense of the developer.
The Mayor opened the public hearing. Scott Hardie, 155 Sunrise Drive and Robert Cook,
155 Sunrise Drive addressed the Council. The Mayor closed the public hearing.
There was extensive discussion from Council regarding the project.
The site plan, with the BZP Director's recommendations, was approved by a 6-0 roll call vote. The
vote was as follows: Councilmeinbers Holloway, Kelly, London, Taintor, Vice Mayor Caplan and
Mayor Lindsay 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
B1SCAYNE, FLORIDA, SELECTING ABC CONSTRUCTION INC FOR THE
CONSTRUCTION OF THE COMMUNITY CENTER EXPANSION; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember London.
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June 23, 2015
The Manager addressed the Council recommending to approve the Ordinance selecting ABC
Construction Inc. for the Community Center Expansion capital project. The Village Manager and
Village Attorney will prepare an agreement consistent with the Request for Proposals (RFP) response
submitted by ABC Construction, Inc. The Village Clerk will mail the required notifications pursuant
to Section 4.03(9) of the Village Charter, in a manner that will permit the second reading of the
Ordinance to be heard at the July 7th, 2015 Village Council Meeting. The funding for this project
is available in the FY2015 Capital Improvement fund.
Paul Abbott, Project Manager for the Village, addressed the Council.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
There was discussion from Council regarding the project.
The ordinance was adopted on first reading by a 6.0 roll call vote. The vote was as follows:
Councilmembers Holloway, Kelly, London, Taintor, Vice Mayor Caplan and Mayor Lindsay voting
Yes.
The Clerk announced the second reading of the ordinance will be on July 7, 2015.
8. RESOLUTIONS: The Clerk read the following resolution by title:
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING TIIE BID OF SOLO
CONSTRUCTION & ENGINEERING CO. FOR FERNWOOD AND WEST HEATHER
INTERSECTION IMPROVEMENTS PROJECT; AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE THE CONTRACT FOR SUCH PROJECT; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Holloway.
The Manager addressed the Council recommending approval of the resolution authorizing the
Village Manager to execute an Agreement with Solo Construction and Engineering, Inc. for the
Fernwood and West Heather Intersection Improvements in an amount not to exceed $95,000.
Funding for this project is in the FY2015 Capital Improvements Plan.
Ramon Castella with Stantec addressed the Council.
Councilmeflnber Kelly withdrew his motion.
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June 23, 2015
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SELECTING THE PROPOSAL OF SOUTHERN WASTE SYSTEMS, LLC FOR
SOLID WASTE AND RECYCLING SERVICES TO THE VILLAGE; AUTHORIZING THE
VILLAGE MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR
COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND
RECYCLING SERVICES; AUTHORIZING IMPLEMENTATION OF THE AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
At this time Village Attorney Stephen J. Helfman left the room due a conflict of interest. Attorney
Jean Olin was present at the time this item was heard.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Holloway.
The Manager addressed the Council recommending approval of the resolution selecting Southern
Waste Systems, LLC for the Collection, Transportation and Disposal of Solid Waste and Recycling
Services, authorizing and approving an Agreement and authorizing the Village Manager to negotiate
and execute the Agreement. Funding for this project is from the Solid Waste Enterprise Fund.
Carlos Verney with Progressive Waste addressed the Council. John Casagrande with
Southern Waste Systems addressed the Council. Eileen Damaso with World Waste
Recycling addressed the Council.
The Attorney addressed the Council regarding the process for approval of this resolution.
There was extensive discussion from Council regarding this resolution.
Councilmember London made a motion to waive the minor irregularities in the submission of the
RFPs. The motion was seconded by Vice Mayor Caplan and approved by a 6-0 voice vote. The vote
was as follows: Councilmembers Holloway, Kelly, London, Taintor, Vice Mayor Caplan and Mayor
Lindsay voting Yes.
Ramon Castella with Stantec and Mariana Dominguez -Hardie with the Village's Public
Works Department addressed the Council.
The resolution was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers
Holloway, Kelly, London, Vice Mayor Caplan and Mayor Lindsay voting Yes. Councilmember
Taintor voting No.
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June 23, 2015
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, CONFIRMING THE VILLAGE'S ABILITY TO FUND AND SUPPORTING
THE PERMITTING, DESIGN, CONSTRUCTION, AND MONITORING OF THE
VILLAGE'S BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EI+I+ECTIVE
DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Holloway.
The Manager addressed the Council recommending approval of the resolution providing the Florida
Department of Environmental Protection (DEP) confiiiiiation that the Village has committed funds
and supports the construction ad monitoring of the Beach Renourishrnent Project.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers
Holloway, Kelly, London, Taintor, Vice Mayor Caplan and Mayor Lindsay voting Yes.
9. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Holloway requested to discuss an ordinance that was
passed by the Village Attorney earlier at the beginning of the meeting. The Mayor did not allow to
hear this item, since it was not added to the agenda.
It was the consensus of Council to add this proposed ordinance, as a discussion item, to the July 7th
agenda.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk presented to the Council a proposed resolution regarding Medicaid to see
if there was interest from the Village to adopt a similar resolution. Since the Governor already
approved the budget this morning, it is too late to consider this resolution.
Village Manager. The Manager did not submit a report.
10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
11. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
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June 23, 2015
12. SCHEIULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council,
13. ADJOURNMENT: The meeting was adjourned at 8:55 p.rn.
Res telly submitted:
y...ardEeta IL Alvarez, 1131C
Village Clerk
Approved this 7th day of July s 2015:
Mayr P,iaa Lindsay
Mayor
IFA PERSON DECIDES TO APPEAL ANY DECISION M4DE BY THE VILLAGE CGUVCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL _NEED A RECRD OF THE PROCEEDINGS AND, ER SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD F THE PROCEEDINGS IS
MADE, WHICH RECI ;y'sI IIVCLCDES THE TESTJMOAT AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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