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HomeMy Public PortalAbout01-10-17 - Regular Council Meeting.pdfMINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 10, 2017 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The Mayor called the meeting to order at 7:00 p.m. Present were Councilmembers Franklin H. Caplan, Luis de la Cruz, Gary R. Gross, Allison McCormick, Brett G. Moss, Kathleen Petros and Mayor Mayra P. Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Conchita H. Alvarez and Village Attorney Stephen H. Helfman. 2. INVOCATION: Pastor David Moran, Key Biscayne Presbyterian Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Petros lead the Pledge of Allegiance. 4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay addressed the Council and the public wishing everyone a Happy New Year and also thanked State Senator Jose Javier Rodriguez and State Representative Nick Duran for coming to the Village last Friday to a meet and greet with the Village Council and Key Biscayne residents; Councilmember Gross addressed the Council regarding the traffic problem that we have and thanked the Manager, the Chief of Police and Police Officers for doing a great job on directing traffic and Councilmember Petros also addressed the Council regarding doing something special for the Officers in order to extend our appreciation to them. 1 of 7 January 10, 2017 5. PUBLIC COMMENTS: Kathy Keith, 240 Galen Drive; Robert Knecht, 1121 Crandon Boulevard and Mike Davey 50 Ocean Lane Drive addressed the Council. 6. SPECIAL INTRODUCTION: There were no special presentations. 7. AGENDA: The special presentations by Senator Rodriguez and the Social Media presentation by Mr. Winton were withdrawn; Mayor Lindsay requested the deferral of Item 11A1 to the January 24th meeting; Mayor Lindsay also withdrew Item 11A5; Councilmember McCormick requested the addition of a discussion regarding releasing balloons within the Village as Item 11A7 and also requested the addition of a discussion regarding activities for teens as Item 11A8; Vice Mayor Caplan requested the addition of a discussion regarding aerial tours as Item 11A9 and also requested, together with Councilmember de la Cruz feedback on the traffic on Crandon Boulevard as Item 11A 1 0; Mayor Lindsay requested the addition of a report regarding fraud controls for Village bank accounts as Item 11A 11 and the Manager requested the addition of a proposal from ETC regarding conducting a survey for the Village of Key Biscayne as Item 11D2. There was no objection to the agenda changes. 8. APPROVAL OF MINUTES: Vice Mayor Caplan made a motion to approve the minutes of the November 29, 2016 Zoning Meeting. 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. Vice Mayor Caplan made a motion to approve the minutes of the December 6, 2016 Regular Council Meeting, as amended. The motion was seconded by Councilmember Petros. Councilmember Moss made an amending motion to add on page 3 the following language to Vice Mayor Caplan's motion: " and to increase the amount of sand". There was no objection to the amendment. The minutes, as amended, were 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. 9. ORDINANCES: There were no ordinances considered by Council. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DESIGNATING THE NORTHERN PORTION OF THE VILLAGE GREEN PARK AS A DOG PARK; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 2of7 January 10, 2017 Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember de la Cruz. The Manager addressed the Council recommending approval of the resolution designating the portion of the Village Green north, as a dog park. In accordance with Ordinance No. 2016-8, Chapter 19, Section 19-9 this designation is required to allow dogs within this specific area of the park. There was extensive discussion from Council regarding this resolution. Mayor Lindsay made a motion to table the resolution until later on the agenda. The motion was seconded by Councilmember McCormick 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 Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING MIAMI-DADE COUNTY RESOLUTION NO. R-325-16 URGING THE UNITED STATES ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO EXPEDITE PHASE II OF THE BISCAYNE BAY COASTAL WETLANDS PROJECT; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to adopt the resolution. The motion was seconded by Councilmember de la Cruz 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 Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE FOLLOWING LEGISLATIVE PRIORITIES FOR THE YEAR 2017; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to adopt the resolution. The motion was seconded by Councilmember Moss. 3 of 7 January 10, 2017 Councilmember Moss made an amending motion to add the following language: Section 3. The Village supports legislation that provides financial incentives for beach renourishment on barrier islands and dispensation to be able to add more sand to our beach. The Village also supports legislative efforts to unify and consolidate state and local regulatory agencies that rule to what extent we can renourish our beaches. Section 4. The Village supports Flood Hazard Mitigation that provides financial incentives and policies for addressing sea level rise. Section 5. The Village supports legislation for funding sources to mitigate our sand loss because of up streaming developments. Section 7. The Village supports legislation to ban texting while driving. Section $= The Village supports legislation to modernize and improve traffic signalization. Section 9. The Village supports legislation to allow the Village to regulate plastic bags and Styrofoam. Section 10. The Village supports legislation that opposes local government pre-emption. Section 11. The Village opposes the anti -lobbying measure. Section 12. The Village supports legislation that promotes regional transit efforts. Section 13. The Village opposes casino gambling. Section 15. The Village supports vacation rentals legislation that protects local regulation. Section 16. The Village of Key Biscayne will monitor legislative issues: the Village will direct their legislative consultant to monitor the following issues and provide timely data should these issues be taken up at the legislative session: 1.) Modification of the traffic signalization; 2.) Resources, policy changes and permitting support for sea -level rise initiatives such as coastline protection and beach renourishment programs and water programs; 3.) Any reduction to Municipal revenue sources from State Revenue Sharing. 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. 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.. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Lindsay addressed the Council regarding the final list of project priorities for 2017. This item was deferred to the January 24, 2017 meeting. The Clerk was directed to circulate the previous list of project priorities for 2017 among the Council. Mayor Lindsay also addressed the Council regarding Council meetings. There was discussion from Council regarding the conduct of meetings as it relates to public comments. Councilmember de la Cruz addressed the Council regarding a proposed ordinance prohibiting plastic bags in Key Biscayne. There was discussion from Council regarding plastic bags in Key Biscayne. The Attorney addressed the Council regarding regulating plastic bags and styrofoam materials. The Mayor suggested to reach out to the Chamber of Commerce to help with this initiative. 4 of 7 January 10, 2017 Mayor Lindsay addressed the Council regarding the next steps for the underground utilities project. The Manager also addressed the Council regarding the above project. There was extensive discussion from Council regarding this project. The Attorney also addressed the Council regarding this project. Vice Mayor Caplan made a motion to direct the Manager to have a presentation regarding the above project in two weeks and develop an RFP. The motion was seconded by Councilmember de la Cruz 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. Mayor Lindsay also addressed the Council regarding a timeline for Key Biscayne staff succession planning. The Mayor withdrew this item. Mayor Lindsay addressed the Council regarding the status of the beach restoration project and also discussed pursuing a two track strategy of short term sand placement and extensive beach restoration. There was extensive discussion from Council regarding the beach restoration. Tim Blankenship with Mofatt & Nichol addressed the Council regarding Beach Renourishment. Mayor Lindsay made a motion to instruct the attorney to analyze the document for the 1997 lawsuit and the rights the Village might have due to the construction of Government Cut preventing the flow of sand to our beaches. 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 McCormick addressed the Council regarding releasing balloons. State law prohibits releasing balloons. Councilmember McCormick also addressed the Council proposing to add more activities for teens. There was discussion from Council regarding this issue. Vice Mayor Caplan addressed the Council regarding the aerial tours and the noise they produce. Vice Mayor Caplan and Councilmember de la Cruz addressed the Council requesting feedback from the Chief of Police on traffic on Crandon Boulevard. Chief of Police Charles Press addressed the Council regarding officers directing traffic. There was extensive discussion from Council regarding traffic and traffic signals. Village Attorney. The Attorney did not submit a report. 5 of 7 January 10, 2017 Village Clerk. The Clerk submitted to the Council a report highlighting the activities of the Office of the Village Clerk throughout calendar year 2016. Village Manager. The Manager addressed the Council regarding the 2017 Beach Renourishment Project. Vice Mayor Caplan made a motion to approve the necessary legislation during the January 24, 2017 Council Meeting for Beach Renourishment without having to go through the RFP process. 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 Manager also presented to the Council a proposal from ETC to conduct a survey for the Village of Key Biscayne. Mayor Lindsay addressed the Council regarding fraud controls for the Village bank accounts. The Manager addressed the Council regarding this issue. Finance Director Vivian Parks will be leaving the Village and took this opportunity to address the Council thanking them for the opportunity to have served the Village for the last five years. At this time Vice Mayor Caplan made a motion to remove Item 10A from the table. 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 Attorney addressed the Council regarding the dog park resolution. Vice Mayor Caplan made a motion to add a new section to the resolution reflecting that "dogs on leashes are permitted within those paved areas within the Village Green Park, as depicted on Exhibit B." 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. 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. 6 of 7 January 10, 2017 15. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. Res c ully submitted: 17 th &Za'46-/' Conchita H. Alvarez, MMC Village Clerk Approved this 4th day of January , 2017: 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. 7 of 7