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.
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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 Winton were withdrawn; Mayor Lindsay requested the deferral of Item 11A1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.
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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.
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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.
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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.
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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.
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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.
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