HomeMy Public PortalAbout07-06-10 - Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JULY 6, 2010
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 Davey, Robert Gusman, Michael E.
Kelly, Thomas Thornton, Vice Mayor Enrique Garcia and Mayor Robert L. Vernon. Councilmember
Jorge E. Mendia was absent. Also present were Village Manager Genaro "Chip" Iglesias, Village
Clerk Conchita H. Alvarez and Village Attorney Chad Friedman.
2. PLEDGE OF ALLEGIANCE: Mayor Vernon led the Pledge of Allegiance.
3. SPECIAL PRESENTATIONS: State Senator Candidate for District 35 Gwen Margolis
addressed the Council.
At this time the Mayor thanked Village staff for their hard work on the Village's Fourth of July
festivities, giving special thanks to Parks and Recreation Director Todd Hofferberth and Public
Works Director Armando Nunez.
4. PUBLIC COMMENTS: The following persons addressed the Council: Daniel Pardo, on
behalf of the Miami -Dade County Coastal Cleanup; Samantha Ruiz Cohen, Candidate for Circuit
Court Judge and Sam Davitian, 720 Myrtlewood Lane.
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5. AGENDA: The Manager, at the request of Councilmember Mendia, requested the addition
of a discussion regarding Rickenbacker Causeway improvements as Item 9A3. There was no
objection to the agenda change.
6. APPROVAL OF MINUTES: Councilmember Davey made a motion to approve the
minutes of the June 22, 2010 Zoning Meeting. The motion was seconded by Vice Mayor Garcia and
approved by a 6-0 voice vote. The vote was as follows: Councilmembers Davey, Gusman, Kelly,
Thornton, Vice Mayor Garcia and Mayor Vernon voting Yes.
Vice Mayor Garcia made a motion to approve the minutes of the June 29, 2010 Budget Workshop.
The motion was seconded by Councilmember Davey and approved by a 6-0 voice vote. The vote
was as follows: Councilmembers Davey, Gusman, Kelly, Thornton, Vice Mayor Garcia and Mayor
Vernon voting Yes.
7. ORDINANCES: There were no ordinances considered by Council.
8. RESOLUTIONS: The Clerk 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 OF FLORIDA STATUTES AND THE
RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE
OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
The Manager and the Attorney addressed the Council regarding this resolution.
It was the consensus of Council to direct staff to meet with the members of the Land Acquisition
Committee in order to get their input regarding the amount of the debt, length of years and then draft
the appropriate legislation to place the question on the November ballot regarding the creation of a
Land Acquisition Trust and imposing a special land acquisition millage. Councilmember Kelly is
to serve as liaison with the Committee in this particular issue.
Mayor Elect Frank Caplan addressed the Council.
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It was also the consensus of Council to hold two Special Council Meetings during the month of
August in order to meet the Miami -Dade County Elections deadline to place questions on the
November ballot. These meetings will be held on August 3rd and August 17th, 2010.
The resolution was approved by a 4-2 roll call vote. The vote was as follows: Councilmembers
Davey, Gusman, Vice Mayor Garcia and Mayor Vernon voting Yes. Councilmembers Kelly and
Thornton voting No.
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 EFFECTIVE
DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by Vice
Mayor Garcia.
The Manager addressed the Council recommending approval of this resolution providing the Florida
Department of Environmental Protection (DEP) confirmation that the Village has committed funds
and supports the construction and monitoring of the Beach Renourishment Project.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Davey,
Gusman, Kelly, Thornton, Vice Mayor Garcia and Mayor Vernon voting Yes.
9. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Kelly addressed the Council regarding the proposed
zoning changes for the HR District.
Neisen Kasdin, Attorney representing Consultatio, LLC and Marcos Corti with Consultatio
LLC addressed the Council.
The Attorney, Building, Zoning and Planning Director Jud Kurlancheek and Mayor Elect Caplan
also addressed the Council regarding the proposed zoning changes for the HR District.
Councilmember Kelly made a motion to hold a public hearing to hear the proposed zoning changes
for the HR District specifically setbacks, height and FAR on first reading, including a nonconformity
section that in the event that there is a casualty loss, these regulations will not preclude the
reestablishment of these units. The motion died for lack of a second.
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July 6, 2010
It was the consensus of Council to direct staff to place this item on the August 31, 2010 Council
Agenda for discussion purposes and public input.
Councilmember Gusman addressed the Council regarding regulating paint colors on commercial
buildings.
Director Kurlancheek also addressed the Council regarding this issue.
It was the consensus of Council to direct staff to bring back to the September 7, 2010 Council
Meeting examples of commercial building paint color programs in other communities.
At Councilmember Mendia's request, the Manager addressed the Council regarding proposed
Rickenbacker Causeway improvements.
Village Attorney. The Attorney addressed the Council regarding the proposed settlement between
Perez-Gurri Corp. vs. Village of Key Biscayne.
Attorney Michael Popok, Chair of the Litigation Division, with Weiss Serota Helfman, et. al.
addressed the Council regarding this settlement.
Councilmember Thornton made a motion to direct the Attorney to approve proposed settlement with
Perez-Gurri Corp. in the amount of $18,000.00. The motion was seconded by Councilmember Kelly
and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Gusman, Kelly,
Thornton, Vice Mayor Garcia and Mayor Vernon voting Yes. Councilmember Davey voting No.
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager and Director Kurlancheek addressed the Council recommending that
the Council select one of the firms for the design and construction management services for 530
Crandon Boulevard and direct staff to negotiate a contract. The firms are AECOM, EDSA and
Savino & Miller.
It was the consensus of Council to select the firm of Savino & Miller.
The Manager addressed the Council regarding the request made by Council at the June 22, 2010
Council Meeting to determine the feasibility of relocating a home from 298 McIntyre Street to 530
Crandon Boulevard. The estimated total to relocate this home is $170,000.
Dr. Robert Maggs, on behalf of the Historical Society and Mr. Rick Ferrer, Senior Planner
with the Office of Miami -Dade County Historic & Archaeological Resources addressed the
Council.
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July 6, 2010
It was the consensus of Council that this project is not feasible at this time.
10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
12. ADJOURNMENT: The meeting was adjourned at 9:32 p.m.
Respectfully submitted:
Conchita H. Alvarez, MMC =":``=,_,
Villa a Clerk �'
A- i;::::-:,. -.:::-
Approved this 31st da of August , 2010:i.e.' i = y' '1'7;1
OR
Robert L. Vernon
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.
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