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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. 1 ofl0 Apr:110 2018 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 2of10 Aprz110 2018 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 3of10 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 4of10 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 5of10 Aprt110 2018 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 6of10 April10 2018 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 7 of 10 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 8of10 April 10, 2018 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 9of10 Apn110 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, 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 10 of 10