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
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NAME 01 ii0ARu COUNLiI COMMISSION AIi1 fiORnY OR CUMMI'1 ►rr
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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
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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
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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
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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
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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
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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'
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