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Home My Public Portal About01-09-18 - Regular Council Meeting.pdfMINUTES REGULAR COUNCIL MEETING KEY BISCAYNE FLORIDA TUESDAY JANUARY 9 2018 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 Luis de la Cruz Gary R Gross Allison McCormick Brett G Moss Kathleen Petros and Vice Mayor Franldm H Caplan and Mayor Mayra P Lindsay Also present were Village Manager John C Gilbert Village Clerk Jennifer Duque and Village Attorney Stephen J Helfrnan 2 INVOCATION Father Juan Carlos Paguaga from the Key Biscayne Community Church was unable to provide an invocation 3 PLEDGE OF ALLEGIANCE The U 16 Key Biscayne Soccer Club players led the Pledge of Allegiance 4 BRIEF COMMENTS BY COUNCIL Both Mayor Lindsay and Vice Mayor Caplan addressed the public and the Council wishing everyone a Happy New Year Councilmember Gross addressed the public and the Council regarding a proposed solution to kiteboard on Key Biscayne beaches 5 SPECIAL PRESENTATIONS Mr Marcello Radice recognized the Village Council Village Manager and the Parks and Recreation Director Todd Hofferberth as well as the Village s U16 boys soccer team who won the Regional Cup Championship 6 PUBLIC COMMENTS The following residents addressed the Council Fernando Romero 121 Crandon Boulevard Jeanne Fedoryk 177 Ocean Lane Drive Ignacio Segurola 881 Ocean Dnve Michael 0 Brien 685 Ocean Dnve Jared Zemantauski 7600 SW 125 Street (legally representing Commodore Club East) Gregg Rosen 177 Ocean Lane Dnve Antonio Camejo 151 Crandon Boulevard Belvis Martinez 121 Crandon Boulevard Enrique Cisneros January 9 2018 350 Ocean Dnve Cecile Sanchez 260 Cypress Drive and Miguel Cebolla 177 Ocean Lane Dnve 7 AGENDA Vice Mayor Caplan requested the deferral of item 10A to the January 23 2018 Council Meeting and the addition of a discussion regarding Fastrack Institute as Item 11A1 the Manager requested to hear item 11A9 together with the newly added discussion item 11A1 regarding Fastrack Institute Councilmember de la Cruz requested to add a discussion regarding the potential traffic circle on Harbor Drive and Crandon Boulevard to be heard as item 11A7 and move up item 11A7 regarding public broadband as item 11A9 Mayor Lindsay requested to add a discussion item regarding an update of the Village s local and state lobbyist as item 11A10 and also add a discussion regarding the relocation of NOAA as item 11A11 Councilmember Moss requested to move up item 11A6 regarding an update on the Village Manager search as item 11A3 and to hear item 11A3 regardmg adjusting existing development incentives to respond to electrical demands as item 11A6 and also requested a discussion regarding revisiting to the humcane plan as item 11Al2 There were no objections to the agenda changes 8 CONSENT AGENDA Vice Mayor Caplan made a motion to approve the following consent agenda The motion was seconded by Mayor Lindsay and approved by a 7 0 voice vote The vote was as follows Councilmembers de la Cruz Gross McCormick Moss Petros Vice Mayor Caplan and Mayor Lindsay voting Yes The minutes to the August 29 2017 Regular Council Meeting A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF A CODE COMPLIANCE VEHICLE, WAIVING COMPETITIVE BIDDING PROCEDURES, PROVIDING FOR AUTHORIZATION, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE 9 ORDINANCES The Clerk read the following ordinance on first reading by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 4, "BOATS, VESSELS AND WATERCRAFT," REGULATING KITEBOARD USE, AMENDING ARTICLE II OF CHAPTER 4 BY THE CREATION OF SECTION 4 33 "KITEBOARDING," PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Caplan made a motion to adopt the ordinance on first reading The motion was seconded by Mayor Lindsay Councilmember Moss addressed the Council regarding the need to regulate krteboardmg identifying a location on the beach to allow for kiteboarding better defining the vessel exclusion 2of7 January 9 2018 zone redrafting Section 4 33 Kite Boarding regulations and lastly provided probable locations to allow for krteboardmg on the beach 1) Commodore Club and 2) near the former Sonesta property Councilmember Petros also addressed the Council regarding the regulations necessary for krteboardmg There was extensive discussion from Council regarding this ordinance Vice Mayor Caplan addressed the Council regarding better defusing the following by second reading of this ordinance clanfy the term operating limiting the number of operators on the beach at any given time limiting the total number of kiteboardmg registrants prohibiting kiteboardmg on the beach during specific holidays the specific width of the channel necessary to kiteboard the offshore wind the need to identify a kiteboardmg zone on the beach kiteboard streamer regulations and lastly add a sunset provision to reevaluate the lute boarding regulations after one year The Mayor opened the public hearing The following residents addressed the Council Fernando Romero 121 Crandon Boulevard and York Fa 338 West Heather Dnve There was extensive discussion from Council regarding identifying a location on the beach to allow for krteboardmg It was the consensus of Council to direct the Manager to provide an aerial map designating the former Sonesta beach area as the designated kiteboardmg channel It was also the consensus of Council to incorporate the concerns mentioned by Councihnembers Moss and Petros by the second reading of the ordinance Councilmember Gross made a motion to adopt the ordinance on first reading by amending Section 4 33(6) to identify the former Sonesta property as the designated lateboarding channel The motion was not seconded Mayor Lindsay made a motion to adopt the ordinance on first reading by amending the ordinance to address Vice Mayor Caplan s suggested revisions to the ordinance The motion was seconded by Vice Mayor Caplan and approved by a 7 0 roll call vote The vote was as follows Councilmembers de la Cruz Gross McCormick Moss Petros Vice Mayor Caplan and Mayor Lindsay voting Yes At this time Donald Ehsburg 177 Ocean Lane Drive addressed the Council The Mayor closed the public hearing The Clerk announced the second reading of the ordinance on January 23 2018 at 7 00 p m 3 of 7 January 9 2018 10 RESOLUTIONS The following resolution was deferred to the January 28 2018 Regular Council Meetmg A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A LETTER OF INTENT FROM FASTRACK INSTITUTE, INC FOR MOBILITY SOLUTIONS, PROVIDING FOR AUTHORIZATION AND IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers At this time Councilmember McCormick requested to bring back Item 8B at the next regularly scheduled Council Meeting Mayor Lindsay addressed the Council regarding the letter of intent from Fastrack Institute Inc for mobility solutions It was the consensus of Council to bring back the resolution approving the letter of intent from Fastrack Institute Inc for mobility solutions Councilmember de la Cruz introduced Key Biscayne Community Foundation Director Melissa McCaughan White Ms McCaughan White addressed the Council regarding the Village on demand transportation service (Freebee) pedestrian safety crosswalks the Transit Mobility Study by The Corradmo Group Optimus Ride the proposed Village circular transportation service (KB Loop) and the Live Ride Share conference Councilmember Gross addressed the Council regarding the need to allow Colleen Castile to retain the services of Mr Jim Davenport and Mr Spencer Crowley There was extensive discussion by Council regarding the services of Mr Jim Davenport and Mr Spencer Crowley Councilmember Gross made a motion to allow Colleen Castile to retain the services of Mr Jim Davenport and Mr Spencer Crowley The motion was seconded by Vice Mayor Caplan and approved by 7 0 voice vote The vote was as follows Councilmembers de la Cruz Gross McCormick Moss Petros Vice Mayor Caplan and Mayor Lindsay voting Yes Mayor Lindsay made a motion to appoint Edward London to the Pension Board The motion was seconded by Vice Mayor Caplan and approved by a 7 0 voice vote The vote was as follows Councilmembers de la Cruz Gross McCormick Moss Petros Vice Mayor Caplan and Mayor Lindsay voting Yes Councilmember Moss addressed the Council regarding the Village Manager search 4of7 January 9 2018 There was extensive discussion by Council regardmg the Village Manager executive search firms It was the consensus of Council to direct the Clerk to coordinate a date and time to schedule a Special Council Meetmg to select an executive search firm for the Village Manager Councilmember Moss addressed the Council regarding adjusting existing development incentives to respond to electrical demands and flooding It was the consensus of Council to direct the Clerk to coordinate a date and time to schedule a Mini Zoning Ordinance Review Comrmttee Workshop and separately a Monument Sign Workshop Councilmember Moss addressed the Council regarding the license plate reader system on Crandon Boulevard There was extensive discussion by Council regarding the license plate reader system Councilmember Moss addressed the Council and the Manager regarding a request for an update on Hurricane Irma clean up on swales The Manager addressed the Council regarding a status update for the debns clean up post hurricane Irma There was extensive discussion by Council regarding the debns clean up post hurricane Irma Councilmember de la Cruz addressed the Council regarding a potential traffic circle on Crandon Boulevard and Harbor Drive There was extensive discussion by Council regarding a traffic circle on Crandon Boulevard and Harbor Dnve Councilmember McCormick addressed the Council regarding zero tolerance enforcement and underaged dnvers There was extensive discussion regarding zero tolerance enforcement Police Chief Charles R Press addressed the Council regarding traffic law enforcement It was the consensus of Council to strongly support zero tolerance traffic enforcement At this time the Manager s report was heard At this time Derek Duzoglou from D2 Engineering addressed the Council regarding the 2017 5of7 January 9 2018 Key Biscayne Sustainability Report Councilmember de la Cruz addressed the Council regarding public broadband Mayor Lindsay addressed the Council regarding the expansion of Gomez Barker Associates Inc the Village s contracted State and Local lobbying firm thereby requiring Council authorization to represent the Village It was the consensus of Council to authorize additional individuals from Gomez Barker Associates Inc to represent the Village for lobbying purposes Mayor Lindsay addressed the Council regarding NOAA relocating from Virginia Key Councilmember Moss addressed the Council regarding revisiting the current Hurricane Plan The Manager addressed the Council regarding 2018 hurricane planning efforts Village Attorney The Attorney requested an Executive Session regarding Village of Key Biscayne v City of Miami et al Case No 15 2997 CA 21 and Village of Key Biscayne v NMMA Case No 15 9160 in the 11th Judicial Circuit and requested a second another Executive Session regarding Kevin Michael Rios under Village of Key Biscayne Police Department Case No 15 01454 and under Miami Dade Circuit Court Case No 2015 028572 It was the consensus of Council to direct the Clerk to coordinate and properly advertise the final dates and times to schedule the Executive Sessions Village Clerk The Clerk did not submit a report Village Manager The Manager did not submit a report 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 13 PENDING BUSINESS/PENDING LITIGATION A list of pending business/pending litigation was presented to the Council 14 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 15 ADJOURNMENT The meeting was adjourned at 10 45 p m Respectfully submitted 6of7 Jef nifer Mina, CM Village Clerk Approved this 28`h day of Auvust 2018: . tit* \ ds�v,c Mayra7': Lindsay Mayor January 9, 2018 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, 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. 7 of 7