HomeMy Public PortalAbout04-10-18 - Regular Council Meeting.pdfMINUTES
COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, APRIL 10, 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, Allison McCormick,
Gary R. Gross, Brett G. Moss, Kathleen Petros and Vice Mayor Franklin H. Caplan and Mayor
Mayra P. Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Jennifer
Medina and Village Attorney Chad Friedman.
2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance.
3. BRIEF COMMENTS BY COUNCIL: Councilmember de la Cruz thanked
Commissioner Xavier Suarez for his efforts towards the Village's continued field usage at
Crandon Park. Councilmember Moss addressed the public and the Council wishing his son a
happy 4th birthday. Councilmember McCormick thanked Police Chief Charles R. Press for
continuing his role as the Village's Police Chief. Councilmember Petros thanked the Police
Department and the Code Compliance Division for their efforts towards enforcing the ban of fuel
operated leaf blowers. Mayor Lindsay thanked Representative Nicholas X. Duran for being
present at this meeting and his dedication and involvement with the Village.
4. SPECIAL PRESENTATIONS: At this time, Representative Nicholas X. Duran
addressed the Council providing a legislative update.
At this time, the Mayor allowed for public comments.
5. PUBLIC COMMENTS: The following residents addressed the Council: Raul Llorente,
345 Cypress Drive, Clifford Brody, 613 Ocean Drive; Peter Warner, 310 Island Drive; Ignacio
Segurola, 881 Ocean Drive; Cecile Sanchez, 260 Cypress Drive; Pamela Quiroga, 170 Ocean
Lane Drive; Marcelo Larsen, 750 Myrtlewood Lane; Denise Passos, 747 Crandon Boulevard;
Juan Santaella, 360 West Heather Drive and Yvi Garcia, 201 West Heather Drive.
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At this time with the consensus of Council the Clerk read a statement by Mr Jud Kurlancheek
former Village Director of Building Zoning and Planning Director
At this time Item 4C was heard
Mr WD Higginbotham from Mercer Group Florida LLC addressed the Council regarding an
update for the Village Manager s search and a request of the Council to extend the application
deadline
There was extensive discussion by Council regarding the low number of employment
applications received for the Village Manager s position
It was the consensus of Council to direct Mr Higginbotham to proceed with re advertising the
Village Manager s job announcement inclusive of a rolling application deadline and to also
provide updates to the Council every 10 days
At this time the Village s State Lobbyist Mr Fausto Gomez with Gomez Barker and Associates
Inc addressed the Council giving a legislative update
Mr Gomez introduced Mr Jonathan Kalman also with Gomez Barker and Associates Inc Mr
Kalman also addressed the Council giving a brief legislative update
6 AGENDA Councilmember McCormick requested to remove Item 10A16 The Clerk
addressed the Council pursuant to Mayor Lindsay s request to add a discussion item regarding
the Crandon Park Agreement as Item 10A16 The Manager requested to remove Items 7A1 and
9D Mayor Lindsay requested to pull Item 8H from the Consent Agenda Councilmember Petros
requested to pull Items 8D and 8E from the Consent Agenda Vice Mayor Caplan requested to
remove Item 10Al2 There were no objections to the agenda changes
At this time the Attorney addressed the Council giving a brief overview of the LimeBike
agreement with the Village
7 ORDINANCES The Clerk read the following ordinance on second reading by title
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA ("VILLAGE"), AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 23 "RETIREMENT," SECTION 23 31 "DEFINITIONS,"
SECTION 23 32 "MEMBERSHIP," SECTION 23 39 "VESTING" AND SECTION 23 47
"COMMENCEMENT OF BENEFITS" TO ALLOW THE POLICE AND FIRE CHIEFS
TO OPT OUT OF THE POLICE AND FIRE PENSION PLAN AND TO PROVIDE FOR
IN SERVICE DISTRIBUTIONS OF BENEFITS TO MANAGERIAL MEMBERS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, PROVIDING
FOR INCLUSION IN THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE
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Vice Mayor Caplan made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Moss
The Mayor opened the public heanng There were no speakers present The Mayor closed
the public hearing
There was extensive discussion by Council regarding this ordinance
Councilmember Moss addressed the Council offering the following amendments to the
ordinance removal of managerial members within the ordinance title removal of or a former
police or fire chief who is employed in a managerial position not covered by the plan within the
second whereas and lastly removal of the following within Section 23 47 Commencement of
benefits or a former police and fire chief who is employed by the Village m a managerial
position not covered by this plan and subject to agreement with the Village
Vice Mayor Caplan and Councilmember Gross addressed the Council regarding Councilmember
Moss s proposed amendments to the ordinance
Councilmember Petros addressed the Council offering to amend the ordinance by only includmg
the option of opting out of the police or fire pension plan and excluding language relating to
providing in service distribution
Mayor Lindsay also addressed the Council regarding supporting Councilmember Moss and
Councilmember Petros proposed amendments to the ordinance
Councilmember Moss made a motion to amend the ordinance by removing managerial
members within the ordinance title to remove or a former police or fire chief who is employed
in a managenal position not covered by the plan within the second whereas and to also remove
the following language included within Section 23 47 Commencement of benefits or a former
police and fire chief who is employed by the Village in a managerial position not covered by
this plan and subject to agreement with the Village The motion was seconded by Mayor
Lindsay and failed by a 3 4 roll call vote The vote was as follows Councilmembers de la Cruz
Moss and Mayor Lindsay voting Yes Councilmembers Gross McCormick Petros sand Vice
Mayor Caplan votmg No
Councilmember Petros made a motion to amend and adopt the ordinance by only including
language pertammg to opting out of the police or fire pension plan removmg language allowing
for in service distribution and to bnng back a separate ordinance pertaining to in service
distribution to be heard by Council at the next regularly scheduled Council meetmg The motion
was seconded by Councilmember de la Cruz and failed by a 3 4 roll call vote The vote was as
follows Councilmembers McCormick Petros and Mayor Lindsay voting Yes Councilmembers
de la Cruz Gross Moss sand Vice Mayor Caplan voting No
The Village Labor Attorney Brett Schneider addressed the Council regarding the ordinance
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April10 2018
There was extensive discussion by Council regarding amending the ordinance by removing
subject to agreement with the Village
Councilmember Moss made a motion to remove language withm the ordinance stating subject
to agreement with the Village 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
Mayor Lindsay made a motion to amend the ordinance by limiting the in service distribution to
only the police and fire chief and removing language pertaining to a former police or fire chief
who is employed m a managenal position not covered by the plan The motion was seconded by
Councilmember Moss and failed by a 3 4 roll call vote The vote was as follows
Councilmembers de la Cruz Moss and Mayor Lindsay voting Yes Councilmembers Gross
McCormick Petros and Vice Mayor Caplan voting No
The ordinance as amended was adopted on second reading by a 5 2 roll call vote The vote was
as follows Councilmembers de la Cruz Gross McCormick Moss and Vice Mayor Caplan
voting Yes Councilmember Petros and Mayor Lindsay voting No
At this time Item 8D was heard
The Clerk read the following resolution by title
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING TAPIA
LUIS M SERVICE, CORP FOR THE VILLAGE GREEN TODDLER PARK LIGHTING
IMPROVEMENTS PROJECT, PROVIDING FOR AUTHORIZATION, PROVIDING
FOR IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Caplan made a motion to approve the resolution The motion was seconded by
Mayor Lindsay
Councilmember Petros addressed the Council and the Manager regarding providing an itemized
list of costs for the lighting improvement project inclusive of materials and labor expenses
Councilmember Petros also addressed the Council and the Manager regarding an itemized list of
expenses for agenda Item 8E
The resolution was 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
At this time Item 8E was heard
The Clerk read the following resolution by title
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April 10 2018
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING AUM
CONSTRUCTION, INC FOR THE FERNWOOD ROAD LIGHTING IMPROVEMENTS
PROJECT, PROVIDING FOR AUTHORIZATION, PROVIDING
FOR IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember de la Cruz made a motion to approve the resolution The motion was seconded
by Councihnember Moss
The resolution was 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
At this time Item 8H was heard
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING KIMLEY HORN AND ASSOCIATES, INC FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE SAFE ROUTES TO SCHOOL
PROJECT, PROVIDING FOR AUTHORIZATION, PROVIDING FOR
IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember Moss made a motion to approve the resolution The motion was seconded by
Councilmember de la Cruz
Mayor Lindsay addressed the Council and the Manager regarding the selection committee
members responsible for recommending the firm
The Manager addressed the Council regarding the selection committee members and the
Education Advisory Board s participation m the selection process
Councilmember McCormick also addressed the Council regarding the Education Advisory
Board s participation in the selection process
The resolution was 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
8 CONSENT AGENDA Vice Mayor Caplan made a motion to approve the following
items on the consent agenda The motion was seconded by Councilmember Moss 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 September 26 2017 Special Council Meeting
The minutes to the September 26 2017 First Budget Hearing
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The minutes to the October 3 2017 Special Council Meeting
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE
VILLAGE AND NEUTRON HOLDINGS, INC (D/B/A LIMEBIKE) FOR DOCKLESS
BIKE SHARING SERVICES, PROVIDING FOR AUTHORIZATION,
AND PROVIDING FOR AN EFFECTIVE DATE
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPLY FOR
A SMALL COMMUNITY ENERGY EFFICIENT LIGHTING GRANT FROM THE
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
PROVIDING FOR AUTHORIZATION, AND PROVIDING FOR AN EFFECTIVE
DATE
9 RESOLUTIONS The Clerk read the followmg resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING TETRA TECH TO UPDATE THE VILLAGE'S
COMPREHENSIVE EMERGENCY MANAGEMENT AND HURRICANE PLANS,
PROVIDING FOR AUTHORIZATION, AND PROVIDING FOR AN EFFECTIVE
DATE
Vice Mayor Caplan made a motion to approve the resolution The motion was seconded by
Councilmember Moss
The Manager addressed the Council regarding the approval of the resolution
Vice Mayor Caplan addressed the Council regarding language in the proposal referring to
industry standards
The Attorney addressed the Council regarding mcludmg language relating to meeting local state
federal and industry standards within the scope of services There were no objections to the
amendment
There was extensive discussion by Council regarding the resolution
At this time Ms Kern 0 Dell from Tetra Tech Inc addressed the Council regarding the
proposed scope of services
At this time the Mayor allowed for public comments The following resident addressed
the Council Donald Elisburg 177 Ocean Lane Drive
The resolution was 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
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The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, ADOPTING THE NEW BUILDING, ZONING, AND
PLANNING FEE SCHEDULE, REPEALING THE BUILDING, ZONING, AND
PLANNING FEE SCHEDULE APPROVED BY RESOLUTION NO 2017-18, AND
PROVIDING FOR AN EFFECTIVE DATE
Mayor Lindsay made a motion to approve the resolution The motion was seconded by
Councilmember Moss
The Manager addressed the Council regarding approval of the resolution
The Manager also addressed the Council regarding the concerns brought forth dunng public
comments relating to the Building Zoning and Planning fee schedule
The Building Zoning and Planning Director Sergio Ascunce addressed the Council regarding
The Attorney addressed the Council regarding revising the previously adopted resolution number
to 2017 19 and also to add the effective date of April 23 2018 There were no objections to the
amendments
The resolution as amended was 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
At this time the Manager s report was heard
Village Manager The Manager addressed the Council regarding providing direction to bid
or renegotiate the Ashbritt contract for emergency disaster debris removal and response services
There was extensive discussion by Council regarding the Ashbntt contract
The Manager introduced Mr Jared Moskowitz from Ashbntt Inc Mr Moskowitz addressed the
Council regarding amending the current contract with the Village
It was the consensus of Council to direct the Manager and the Attorney to bring back an
amendment to the Ashbntt Inc contract for Council consideration at the next regularly
scheduled Council meeting
The Manager addressed the Council regarding a policy discussion to allow right of entry onto
private property for debris removal
The Attorney addressed the Council regarding meeting FEMA standards for reimbursement to
allow for right of entry onto pnvate property for debns removal
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April 10 2018
There was extensive discussion by Council regarding allowing for right of entry onto private
property for debris removal
The Manager addressed the Council requesting authorization to issue a request for proposals for
holiday decorations
Vice Mayor Caplan made a motion to issue a request for proposals for holiday decorations The
motion was seconded by Councilmember Moss 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 Manager addressed the Council regarding the sustainability report for the month of March
At this time Item 9C was heard
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER
INTO AN AGREEMENT WITH CURRIE SOWARDS AGUILA ARCHITECTS, INC
FOR THE COMMUNITY CENTER PHASE III PROJECT, AND PROVIDING FOR AN
EFFECTIVE DATE
Vice Mayor Caplan made a motion to approve the resolution The motion was seconded by
Councilmember Moss
There was extensive discussion by Council regarding the Community Center Phase III project
The Director of the Parks and Recreation Department Todd Hofferberth addressed the Council
regarding the Community Center Phase III project
Councilmember Petros made a motion to extend the meeting until 11 05 p m The motion was
seconded by Councilmember Moss 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
There was extensive discussion by Council regarding the need Community Center Phase III
project
Mayor Lindsay made a motion to extend the meeting until 11 10 p m The motion was seconded
by Councilmember Petros 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
It was the consensus of Council to direct the Manager to provide a description of the necessary
Community Center programing along with an itemized budget
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It was the consensus of Council to defer this resolution to the next regularly scheduled Council
meeting.
At this time, Vice Mayor Caplan addressed the Council requesting consensus to send a letter to
the Miami -Dade County Library Director regarding a new Key Biscayne library. There were no
objections to sending the letter.
Mayor Lindsay addressed the Council requesting to start the April 24, 2018 Regular Council
meeting at 6:00 p.m.
It was the consensus of Council to start the April 24, 2018 Regular Council meeting at 6:00 p.m.
The remaining agenda items were deferred to the April 24, 2018 Regular Council meeting.
10. REPORTS AND RECOMMENDATIONS:
Mayor and Councilmembers. The Mayor and Councilmembers report was deferred to the April
24, 2018 Regular Council meeting.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business
discussed.
12. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
14. ADJOURNMENT: The meeting was adjourned at 11:10 p.m.
Res ully submitted:
nnifer ' dina
Village Clerk
Approved this 28th day of Autust 2018:
May . Lindsay
Mayor
ALOR11T
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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, M4YNEED TO ENSURE THAT 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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