HomeMy Public PortalAbout02-25-03 Zoning Meeting.tifMINUTES
ZONING MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 25, 2003
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 Martha F Broucek, Carol Diaz -Castro,
Mortimer Fned, James L Peters, Robert L Vernon, 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 J Helfman
2 PLEDGE OF ALLEGIANCE Janice and Howard Scholl led the Pledge of Allegiance
3 AGENDA The Clerk requested to renumber the agenda, Mayor Oldakowski requested the
addition of a discussion regarding scheduling of workshops as Item 7D4 There was no objection
to the agenda changes
4 APPROVAL OF MINUTES Councilmember Fried made a motion to approve the minutes
of the February 11, 2003 Regular Council Meeting The motion was seconded by Vice Mayor
Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek,
Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
5 ORDINANCES The Clerk read the following ordinance, by title, on first reading
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE
IV "FINANCE" AT DIVISION 1 "GENERALLY" BY CREATING SECTION 2-71 "FEES
FOR USE OF COMMUNITY CENTER," AUTHORIZING THE VILLAGE COUNCIL, BY
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February 25 2003
RESOLUTION, TO PROVIDE FEES FOR MEMBERSHIP IN AND THE USE OF THE
COMMUNITY CENTER, PROVIDING FOR SEVERABILITY, PROVIDING FOR
INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fried made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Vernon
The Mayor opened the public hearing Camille Guething, 260 Seaview Drive addressed the
Council The Mayor closed the public hearing
The Attorney addressed the Council regarding this ordinance
The ordinance was adopted on first reading by a 7-0 roll call vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
The Clerk announced the second reading of the ordinance on March 18, 2003
The Clerk read the following ordinance, by title, on second reading
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REZONING THE
PROPERTIES LOCATED AT 701, 714, 725, 726, 735, 738, 745, 750, 759, 762, 775, 774, 785,
786, 795 AND 798 FERNWOOD ROAD, FURTHER DESCRIBED IN EXHIBIT "A", FROM
PS (PARKSIDE RESIDENTIAL) TO VR (VILLAGE RESIDENTIAL), PROVIDING FOR
DESIGNATION ON THE OFFICIAL ZONING MAP, PROVIDING FOR SEVERABILITY,
PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fried made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Broucek
The Mayor opened the public hearing Kathy King, 745 Fernwood Road, Joel Kalman, 795
Fernwood Road, Fabrizio Schettim, 726 Fernwood Road, Michael Kahn, 881 Ocean Drive,
Camille Guething, 260 Seaview Drive, Don Singer, 100 Sunrise Drive and Mary Albanese,
762 Fernwood Road addressed the Council The Mayor closed the public hearing
Jud Kurlancheek, Director ofBuilding, Zoning and Planning addressed the Council regarding
this ordinance
The ordinance was adopted on second reading by a 7-0 roll call vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
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February 25 2003
7 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE
COUNTY PUBLIC SCHOOLS FOR EDUCATIONAL FACILITIES PLANNING, SITE
SELECTION AND ACQUISITION, AND CONSTRUCTION, PROVIDING FOR AN
EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Peters
The Manager and the Attorney addressed the Council regarding this resolution
The resolution was approved by a 6-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
Councilmember Peters was out of the Chamber at the time the vote was taken
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING
THE DESIGNATION OF NATIONAL PARK FOR THE VIRGINIA KEY BEACH PARK.
Mayor Oldakowski made a motion to approve the resolution The motion was seconded by
Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, 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, AUTHORIZING THE VILLAGE
MANAGER TO PROVIDE FOR THE RENOVATION OF A PUBLIC FACILITY, TO WIT
THE VILLAGE GREEN SPRAY POOL, AS DESCRIBED IN THE ATTACHED
MEMORANDUM AND PROPOSAL, AUTHORIZING THE WAIVER OF COMPETITIVE
BIDDING PROCEDURES FOR THIS TRANSACTION AS AUTHORIZED BY VILLAGE
CODE SECTION 2-85, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Vernon
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February 25 2003
The Manager and Todd Hofferberth, Recreation Department Director, addressed the Council
regarding this resolution
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting
Yes
8 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Oldakowski addressed the Council regarding the consideration
of a request by petitioners' committee to review filing of affidavit and proposed referendum petition
form for conformity with Charter Section 5 02(c)
Councilmember Fned made a motion to direct the Attorney to review the proposed referendum
petition for conformity with Charter Section 5 02(c) The motion was seconded by Councilmember
Peters and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Diaz -
Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
Councilmember Broucek addressed the Council in reference to the 911 response time regarding
recent events
It was the consensus of Council to hold a workshop regarding 911 on Tuesday, Apnl 1, 2003 at 6 00
p
m
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk did not submit a report
Village Manager The Manager presented to the Council a fund balance analysis recommending that
the Village Council instruct the Manager to appropnate the surplus of $497,702
Randy White, Finance Director addressed the Council regarding the surplus
Councilmember Fried made a motion to direct the Manager to designate the surplus of $497, 702
as follows $200,000 to the Emergency Fund Reserve, 200,000 to Land Acquisition/Playing Field
Reserve and the balance into the Community Center Equipment Reserve The motion was seconded
by Vice Mayor Mendia and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
The Manager also addressed the Council regarding fiscal year 2002 appropriations transfers
recommending that Council approve such transfers
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SERVICES
Date
To
From
Subject
Memorandum
February 5 2003
Jackie R Menendez Village Manager
Randy White Finance Director
Descriptive Narrative to Appropriations Transfer
Attached please find a budget to actual comparison expenditure schedule at the departmental level for the year ended
September 30 2002 As you will recall the first appropriation transfer occurred using July 31 2002 amounts and was
approved by Council in early September Now that the totals are final and the audit has been completed a second and
final appropriations transfer is necessary The Village overall operated within departmental budgets however affects
from outside sources unforeseen at the time of the preparation of the original budget were not known The major items
of concern are as follows
• Legal Fees Over budget by $344 325 due to lawsuits initiated by the Coalition to Rescue
Paradise The prior appropriation transfer addressed $298 555 of this problem this appropriation
transfer will address the remaining $45 770
• Fire Department — Over budget by $261 778 Actions brought about by the previously named
citizen s group directly caused construction delays to the new fire station Due to unhealthy
conditions at the old fire facilities some firefighters were diagnosed as having symptoms of sick
building syndrome and were only allowed to work a limited number of hours Other staff members
had to cover the requirements This resulted in the following over budget line items $137 700 of
overtime salaries $59 836 in other related payroll line items such as payroll taxes and acting
supervisor pay $26 222 in insurance premiums due to industry increases directly related to the
events of the 9/11/2001 $2 781 in repairs to the old fire facilities in response to deteriorating
conditions and $35 239 of grant related expenses that were not budgeted but were paid for by
grant proceeds received
• Clerk s Office — Over budget by $42 391 Due primarily to an additional election expense of
$34 843 and related legal advertising of $7 139
• Recreation Department — Over budget by $36 276 Of this amount $18 000 was due to theCouncil
approved lease of the playing field at St Agnes School $7 739 in park improvements related to
the new Beach Park additional expenses of the 4th of July fireworks in the amount of $7 451 and
the remainder was due to additional expenses of the Winterfest program
The above areas total over $684 770 of unbudgeted unanticipated expenditures that the Village had no choice but to
absorb in the operating budget for fiscal year ended September 30 2002
Please find attached my recommendation for the second and final appropriations transfer
210 North University Dnve Suite 702 Coral Spnngs FL 33071 Tel 954 753 5841 Fax 954 3451292
3
The Village of Key Biscayne
Comparison of B udget to Actual Depa rtmental E xpenses
Fiscal Year Ending September 30 2002
A
B
C
D
E
F
G
H
I
Department
2002 9/30/2002 Under
Budgeted Actual (Over) Federal Off -Setting T otal Final Net Proposed
Amount Expenditures Budget State Departmental Net Expenditures Under/(Over) Appr opriation
Amended A B Funded Items Revenues for 9/30/2002 Budget Transfer Comments
Village Council $87 267 $92 091 ($4 824) $0 $92 091 ($4 824) $4 824 Due to additional education & training expenses
Administration $532 727 $533 386 ($659) $0 $533 386 ($659) $659 Due to appropnating out items in first transfer
Village Clerk $223 123 $265 515 ($42 392) $1 400 $264 115 ($40 992) $40 992 Additional Election Expense $34 843 and $ 7 139 Legal Advertising
Non Dept $752 593 $839 943 ($87 350) $50 324 $789 619 ($37 026) $37 026 Due to appropnating out items in first transfer
Village Attorney $551 555 $597 125 ($45 570) $0 $597 125 ($45 570) $45 570 $344 325 extraordinary legal fees due to lawsuits initiated by
the Coalition to Res cue Paradise
Debt Service $2 435 845 $2 435 845 $0 $0 $2 435 845 $0 $0
BZP $1 284 382 $1 264 944 $19 438 $64 038 $1 200 906 $83 476 ($83 476) This is an under budgeted amount
Police $3 345 765 $3 426 385 ($80 620) $142 428 $221 804 $3 062 153 $283 612 ($241 286) This is an under budgeted amount
Fire $3 412 096 $3 673 874 ($261 778) $119 679 $3 554 195 ($142 099) $142 099 $137 700 of overtime salaries and $59 836 of related payroll taxes
$26 222 in insurance premiums due to events of 9/11/2001
$35 239 in grant expenses not budgeted but paid from grant proceeds
$2 781 in unbudgeted repairs to the old fire station
The salanes taxes and r epairs are due to hampered construction
br ought about due to the effects of the Coalition lawsuits
Public Works $772 631 $807 814 ($35 183) $5 000 $802 814 ($30 183) $30 183 All due to increased maintenance demands approved by Council
Recreation $524 556 $560 832 ($36 276) $12 867 $547 965 ($23 409) $23 409 Lease of St Agnes Field $18 000 Over budget 4th of July Fireworks
is the remainder
Totals $13,922,540 $14 497,754 ($575,214) $142 428 $475,112 $13 880 214 $42,326 $0
February 25 2003
Councilmember Broucek made a motion to approve the attached fiscal year 2002 appropriations
transfers The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote
The vote was as follows Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor
Mendia and Mayor Oldakowski voting Yes
Ed Meyer, 100 Sunrise Dnve addressed the Council regarding fireworks
The Manager and Mr Hofferberth, Recreation Director addressed the placement of Bocci courts
It was the consensus of Council to direct staff to look into this issue and bring back to Council at a
future meeting
9 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
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 30 p m
Res tf fully submit l
c.
S.
zA&N°
Conchita H Alvarez, CMC
Village Clerk
Approved this 18th day of March . 2003
/1-0 (trick_
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
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