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HomeMy Public PortalAbout11-23-04 Zoning Meeting.tifMINUTES ZONING MEETING KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 23, 2004 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 Enrique Garcia, Steve Liedman, Thomas Thornton, Robert L Vernon, Patncia Weinman, 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 P Helfman 2 PLEDGE OF ALLEGIANCE Ms Michele Estevez-Hayes led the Pledge of Allegiance 3 AGENDA The Mayor requested the addition of a discussion regarding Resolution 99-21 as Item 8A1 and the Manager requested the addition of a report regarding working capital reserve as Item 8D1 and the substitution of a memorandum included in Item 7A There was no objection to the agenda changes 4 APPROVAL OF MINUTES Vice Mayor Mendia made a motion to approve the minutes of the November 9, 2004 Regular Council Meeting The motion was seconded by Councilmember Vernon and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes 1 of November 23 2004 5 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public hearing were sworn in by the Clerk Hearing Number 01-04 500 Bay Lane, LLC, 499-500 Bay Lane, the applicant is requesting waiver of plat Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending approval of the request subject to recording in the Miami -Dade County Public Records a Unity of Title on a form approved by the Village Attorney The Unity of Title shall be recorded prior to the issuance of a building permit The Mayor opened the public hearing Jerry Procter, 200 S Biscayne Boulevard, Miami addressed the Council The Mayor closed the public hearing Vice Mayor Mendia made a motion to approve the request with staffs recommendations The motion was seconded by Councilmember Liedman and approved by a 5-0 voice vote The vote was as follows Councilmembers Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes Councilmembers Garcia and Vernon abstained due to a conflict of interest Hearing Number RV -19 Atlantic USA, Inc , 9 Harbor Point, the applicant is seeking approval of the following variances associated with a dock 1) To construct a dock that projects 85 ft into the water whereas the maximum allowed projection is 25 ft 2) To construct a dock outside of the D-5 triangle whereas the regulations require all docks to be constructed inside the D-5 tnangle 3) To dock a boat outside of the D-5 tnangle whereas the regulations require all watercraft to be docked inside the D-5 triangle 4) To construct a boatlift outside the D-5 triangle whereas the regulations require all boatlifts to be constructed inside the D-5 triangle Director Kurlancheek addressed the Council recommending denial of the request because it is inconsistent with variance evaluation criteria The Mayor opened the public hearing James Robinson from Coastal Development Consultants, Inc representing the owner, Jim Taintor, 355 Harbor Drive and Ed Meyer, 100 Sunrise Drive addressed the Council The Mayor closed the public hearing Vice Mayor Mendia made a motion to approve the request The motion died for lack of a second The Attorney addressed the Council regarding this request Councilmember Liedman made a motion to deny the request The motion was seconded by Councilmember Thornton and approved by a 7-0 roll call vote The vote was as follows 2of6 November 23 2004 Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes 6 ORDINANCES There were no ordinances considered by Council 7 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, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT AND THE RELATED COMPONENT OF CRANDON BOULEVARD STREETSCAPE, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 19 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE The Manager and Paul Abbott, Project Consultant addressed the Council regarding this resolution There was extensive discussion from Council regarding this resolution Vice Mayor Mendia made a motion to approve the resolution The motion was seconded by Councilmember Vernon and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes The Clerk read the following resolution by title A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF TRAFFIC SIGNALIZATION EQUIPMENT AND SERVICES FOR CIVIC CENTER PROJECT AND CRANDON BOULEVARD STREETSCAPE MASTER PLAN IMPLEMENTATION, WAIVING COMPETITIVE BIDDING FOR PURCHASE OF SUCH EQUIPMENT AND SERVICES PURSUANT TO VILLAGE CODE SECTION 2-85, AUTHORIZING VILLAGE MANAGER TO COMPLETE THE PURCHASE OF EQUIPMENT AND SERVICE ITEMS, APPROVING AND AUTHORIZING EXECUTION OF MEMORANDUM OF AGREEMENT WITH MIAMI-DADE COUNTY FOR FUNDING ASSISTANCE FOR THE TRAFFIC SIGNALIZATION IMPROVEMENTS, PROVIDING AN EFFECTIVE DATE The Manager and Paul Abbott, Project Consultant addressed the Council regarding this resolution The Attorney also addressed the Council regarding this resolution 3 of 6 November 23 2004 Councilmember Vernon made a motion to approve the resolution The motion was seconded by Councilmember Liedman and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes The Clerk read the following resolution by title A RESOLUTION 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 EQUIPMENT REPLACEMENT, 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 The Manager addressed the Council regarding this resolution Councilmember Weinman made a motion to approve the resolution The motion was seconded by Vice Mayor Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes The Clerk read the following resolution by title A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, AUTHORIZING THE PURCHASE OF PUBLIC SAFETY DETECTION EQUIPMENT CONSISTING OF CBRNE DETECTION -STANDOFF EQUIPMENT AND RELATED TRAINING, APPROVING INTERLOCAL AGREEMENT FOR JOINT COMPLETION OF AN URBAN AREAS SECURITY INITIATIVE PROGRAM (THE "AGREEMENT") BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE FOR THE PURPOSE OF CARRYING OUT FY2004 URBAN AREAS SECURITY INITIATIVE PROGRAM OBJECTIVES, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE The Manager and Chief of Fire Rescue John C Gilbert addressed the Council regarding this resolution Councilmember Liedman made a motion to approve the resolution The motion was seconded by Councilmember Weinman and approved by a 7-0 voice vote The vote was as follows 4of6 November 23 2004 Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes 8 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers The Mayor addressed the Council regarding Resolution 99-21 adopting procedures for Council meetings Village Attorney The Attorney did not submit a report Village Clerk The Clerk presented to the Council the certification of the November 16, 2004 Municipal Runoff Election results Councilmember Vernon made a motion accepting the Clerk's certification of the November 16, 2004 Municipal Runoff Election results The motion was seconded by Councilmember Liedman and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia 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 Vice Mayor Mendia nominated Councilmember Vernon The nomination was seconded by Councilmember Weinman Councilmember Garcia made a motion to close the nominations The motion was seconded by Councilmember Weinman and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes A vote was taken on the nomination of Councilmember Vernon for Vice Mayor The vote was as follows Councilmembers Garcia, Liedman, Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes Councilmember Vernon was elected Vice Mayor by a 7-0 vote as mentioned above The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor dunng the month of November 2004 proclamation to Fernando Labrada Village Manager The Manager addressed the Council regarding the Working Capital Reserves and the need for additional funds Vice Mayor Vernon made a motion approving the Manager's intent to cover the shortfall in the Working Capital by using other reserves The motion was seconded by Councilmember Mendia and 5of6 November 23 2004 Thornton, Vernon, Weinman, Vice Mayor Mendia and Mayor Oldakowski voting Yes 9 OTHER BUSINESS/GENERAL DISCUSSION Vice Mayor Vernon addressed the Council regarding the appointment of a Council liaison to the Community Center Advisory Board and to the Crandon Boulevard Master Plan Implementation Committee It was the consensus of Council to direct the Clerk to place these items on the next agenda 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 8 25 p m Res ully submitted ita H Alvarez, CMC Village Clerk Approved this _I& day of December , 2004 7t,t9cet ti,,(._.--, Robert Oldakowski 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 6of6 02/13/2005 10 49 8505758652 MCC PAGE 01 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS h er 4 / a MAii IN( AI)1)Rr',s /0S Eii/i,L) ef)2 �L/r4M(,1I1r CIV COUNTY f 33/941 DA r ONtwltic Ii vol1o(ctRRFn AA? (/ a3, 2, ac NAME 01 ii0ARu COUNLiI COMMISSION AIi1 fiORnY OR CUMMI'1 ►rr ► Ilr BOARD COUNcIl COMMISSION AUT 1►ORITY OR COM^ Ml7 1I r ON WIIICIi t LENvE Is A UNI1 OF r$iV D (OIiNiY 0 07 lint IOCAI ACFNCY NAME or 101 I iiC' ,i SUIIDIVISiON MY I OSITION IS X ri FCTIvr APrOlNTivr WHO MUST FILE FORM 8B This form is for use by any person serving at the county city, or other local level of government on an appointed or elected board council t.ommission authority, or committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida St''itutes Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dt bending on whether you hold an elective or appointive position For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including tin parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 157 F S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity for purposes of this law a relative includes only the officers father mother son, daughter husband wife father in law mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner point venturer coowncr of property, or corporate shareholder (where the shares of the corporation arc not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR 10 THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the mee urc on which you Ire abstaining from voting and WITHIN iS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting who should incorporate the form in thc m►nutcs A PP01NTFO OFFICERS Although you must abstain from voting in the situations described above you otherwise may participate in these matters However, you must disclose the nature of the conflict before making any dttcmpt to influence the decision whether orally or in writing and whethei made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFI I►ENCC THE DECISION PRIOR TO THE MFCTING AT WHICH THE VOTE WLL BE TAKEN • You must complete and fits this form (before m'iking my attempt to influence the decision) with the person responsil le for recording the minutes of the meeting who will incorporate the form in thc minutes \ copy of the form must be provided immediately to the other members of the lgcncy The form must he lead put -tidy at the next meeting after the form is filed cEroRM8R ill91 AMMO rA(E. 02/13/2005 10 49 8505758852 MCC PAGE 02 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT 1 HE MEETING • You must disclose orally the nature of your conflict in the measure bcfore participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must Incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST i E71•JZt4( .44 herLby disclose that on _X-)51./ e> (a) A measure came or wtll come before my agency which (check one) - inured to my special private gain - inured to the special gain of my business associate - inured to the special gain of myrelattvc inured to the special gain of n �� ` Afit14/ / � - ..� whom I am retained or - inured to the special gain of is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows , by , which --gt /GzFoceultd c5z)goosicAt -&-c,ottax) DC Fcarr.)/q p10 clad or pea i IJ9/i7Z3,zoo9 Date riled Sign tire NOTICE UNDER PROVISIONS OF FLORIDA STATU YES §H2 317 (1991) A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTFS GROUNDS f`OR AND MAY BE PUNISHED BY ONF OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFf ICE OR EMPLOYMENT DEMOTION RFDUCTION IN SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCFED S5 000 CF •("RM AR 10 91 I nor 2 02/13/2005 10 49 8505758852 MCC PAGE 03 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS As, NAMI I IIt'1 NANO MII)ui r NAMr NAMr nt- WARD MINChh rOMMI\sloe nVlttoanY OR COMMrnrr VC- art Q rk.k 3TL "' Leer KEN,} SISGR* U a oNr:t,L Mn i N� At)I�Itr1e e Fir WARD coUNCII ( All tiOfl Y1MMISSION hl Y OR CoMMITTI E nN 41S R.t'Di 5L17oo 1 -UA-ber CitY (OUNIY DA1i ON HICI Vn1F0((UURlirr) I It Wiuc I SFinvr IS A 11N11 Oh t-iiY 0 (OIINIY 400 ilEi 1Oral AcFNCY NAMr OF 101 n 1CM SURn1vISION MY rOSITION IS 1 Et irrivt p APITOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the t.dunty city or other local level of government on an appointed or elected board council commission authority, or committee it applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida Statutes Your responsibilities under the law when laced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive, position for this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES person holding elective or appointive county municipal or other local public office MUST A BS TAiN from voting on a measure which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a ineasurc which mules to the special gain of a principal (othcr than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 1 S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer s father mother, son daughter husband wife father in law mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner loins venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any nationel or regional stock exchange) ELECTED OFtJCEi{S In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VO1 E RFINO TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting and WITHIN 15 DAYS AFTER TILE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting who should incorporate the form in the minutes APPOINTED OFFICER' Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence, the decision whether orally or in writing and whether made by you or at your direction IF YOU iNTEN1') TO MAKE ANY All rMI'T TO INFI UENCE '1 HE DECISION PRIOR TO rHE MEETING AT WIlICH THE VOTE WLL BE 1 AK FN • You must complete and file this form (before 'inking any attempt to influence the decision) with the pi,rson responsible for recording the minutes of the meeting who will incorporate the form in the minutes A copy of the form must be provided mimed' itchy to the other members of the agency he form mush be plaid publicly at the neat mcctint, aflt,r the form is filed CF roRM EM 10 91 PA( I I 02/13/2005 10 49 8505758852 MCC PAGE 04 L. IF YOU MAKF NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must incorporate the form in the Minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form IC filed y DISCLOSURE OF LOCAL OFFICER S INTEREST IDel gri" \76121s4 4 hereby disclose that on 1`46__—_ ' (a) A measure came or will come before my agency which (check one) — inured to my special private gain, - inured to the special gam of my business associate — 420 a ti 2tured to the special gain of my relative,_— ___.— ..---- �J _ 2..i ,_ inured to the special gain of ��CIa6i:4 _. jLz m. / 47/ by whom I atn retained or inured to the special gain of' _ , which is the parent organization or subsidiary of a pnncipal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows __J, a Date Icd 77te ?:454.- ,01 )/Arze 4.1j ,sc) toiley, .cospi /7 -r., --i i 6 /' r-- jil_ Y! irlvai a' Ju►'tl d 0 ,,41 ��tJ✓rt/ f� Signature NOTICE UNDER PROVISIONS OF rLORIDA STA'TU'TES §112317 (1991) A FAIL URE TO MAKE ANY REQUIRED DISCLOSURE (ONS r1TUTCS GROUNDS FOR AND MAY BC PUNISHED RY ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICF OR rMPLOYMENT DEMOTION RFDUCTION IN SALARY REPRIMAND OR A CIVIL PtNAL rY NOT TO FXCEFD $i 000 FORM RR 10 9' I k E 1