HomeMy Public PortalAbout04-26-11 - Zoning Meeting.tifMINUTES
ZONING MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, APRIL 26, 2011
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 Michael W. Davey, Enrique Garcia, Robert
Gusman, Mayra P. Lindsay, James S. Taintor, Vice Mayor Michael E. Kelly and Mayor Franklin H.
Caplan. Also present were Village Manager Genaro "Chip" Iglesias, Village Clerk Conchita H.
Alvarez and Village Attorney Stephen J. Helfman.
2. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
3. AGENDA: Vice Mayor Kelly requested the deferral of Item 5B1 to the May 24, 2011
Zoning Meeting and Mayor Caplan requested the addition of a brief comment regarding the passing
of Mr. Frank Burke as Item 7A7. There was no objection to the agenda changes.
4. APPROVAL OF MINUTES: Councilmember Davey made a motion to approve the
minutes of the April 12, 2011 Regular Council Meeting. The motion was seconded by
Councilmember Gusman and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
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5. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING
SECTION 7-1 "VACATION RENTALS" OF THE CODE OF ORDINANCES;
PROHIBITING VACATION RENTAL BUSINESSES; PROVIDING FOR AN
AMORTIZATION PERIOD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the ordinance on first reading. The motion was
seconded by Councilmember Garcia.
The Mayor opened the public hearing. Patricia Romano, 361 Beechwood; Michele Estevez,
798 Crandon Boulevard; Mario Garcia -Serra, Attorney representing the owners at 285
Sunrise; Willy Borroto, 241 Harbor Drive; Eduardo and Molly Alfonso, 711 South Mashta
Drive; Esteban Formoso, 300 Sunrise Drive; Teresita Shelton, 300 Sunrise Drive; Georgina
Pratts, 300 Sunrise Drive; Cecile Sanchez, 260 Cypress Drive; Vicky Simons, 269 Cranwood
Drive; Josefina Quirch, 301 Sunrise Drive and Claudia Selva, 300 Sunrise Drive addressed
the Council. The Mayor closed the public hearing.
The Attorney and the Manager addressed the Council regarding this ordinance.
There was extensive discussion from Council regarding this ordinance.
It was the consensus of Council to direct staff to amend the ordinance for second reading pursuant
to the discussions by Council.
The ordinance was approved, on first reading, by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
The Clerk announced the second reading of this ordinance on May 24, 2011.
With consensus of Council Item 7A4 was heard. Councilmember Taintor addressed the Council
regarding out of control parties on the Key. It was the consensus of Council to direct staff to bring
back recommendations to Council on how to regulate this issue.
6. RESOLUTIONS: There were no resolutions considered by Council.
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7. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Mayor Caplan addressed the Council regarding the 2010 Census
reporting that our population has increased approximately 17% in the last 10 years.
Mayor Caplan also addressed the Council reporting on the Youth Athletics.
Councilmember Gusman addressed the Council regarding mosquito control. Armando Nunez,
Director of Public Works addressed the Council regarding this issue reporting that Miami -Dade
County controls this process. Residents that have mosquito problems should call 311 and place the
complaint to the County.
Vice Mayor Kelly addressed the Council regarding the problem with the White Fly plague and their
problem with the neighbors that are not treating the plants. The Manager and Director Nunez also
addressed the Council regarding this problem.
Councilmember Taintor also addressed the Council regarding Village boundaries on Biscayne Bay
recommending that the Village establish these boundaries at the same time we obtain the permit for
the proposed buoys on the Nixon beach. It was the consensus of Council to direct staff to look into
this issue.
Councilmember Taintor also addressed the Council regarding DERM/Mashta flat. It was the
consensus of Council to try and get DERM to declare the Mashta flat as an environmental
endangered area.
Mayor Caplan addressed the Council regarding the passing of Mr. Frank Burke and his contributions
to this country and to the community.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk addressed the Council regarding her attendance to the International
Institute of Municipal Clerks annual conference in Nashville, Tennessee from May 9-13, 2011.
Village Manager. The Manager addressed the Council reporting that the Standard and Poor's, a
credit rating agency, has re-evaluated the Village's credit rating and has raised it to a "AA" from
"AA-" and they state, "....based on our opinion of the Village's history of maintaining a very strong
financial position despite the economic downturn. The outlook is stable."
The Manager also addressed the Council giving an update on the Sun Pass conversion of the
Rickenbacker Causeway Toll.
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8. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
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 9:35 p.m.
Respectfully submi/ed:
o cTiita H. Alvarez, MMC
Village Clerk
App,ved this 10t% da of May , 2011:
lin H. Caplan
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.
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