HomeMy Public PortalAbout03-14-17 - Regular Council Meeting.pdfMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, MARCH 14, 2017
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The Mayor called the meeting to
order at 7:20 p.m. Present were Councilmembers Luis de la Cruz, Gary R. Gross, Allison
McCormick, Brett G. Moss, Kathleen Petros, Vice Mayor Franklin H. Caplan and Mayor Mayra P.
Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Conchita H. Alvarez
and Village Attorney Stephen H. Helfinan.
2. INVOCATION: Reverend Susan Bruttell with St. Christopher's By The Sea was unable
to attend the meting.
3. PLEDGE OF ALLEGIANCE: Mayor Lindsay led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: Vice Mayor Caplan announced that the Village Hall
parking lot acquisition has been resolved. The Attorney also addressed the Council reporting that
the Village will have a revised deed in a couple of days; Mayor Lindsay thanked the Police and Fire
Departments for Safety Day, reporting that it was a wonderful event and Councilmember Petros
congratulated Susette Wanninkhof and the other riders who spent the better half of the past year
honoring the memory of her brother Patrick, helping to raise awareness about the dangers of texting
while driving by cycling from Deadhorse, Alaska to Key West and Mayor Lindsay announced that
our School Board Member Mari Tere Rojas will have permanent hours here in Key Biscayne on the
first and third Thursday of the month.
At this time Mari Tere Rojas, School Board Member addressed the Council.
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5. PUBLIC COMMENTS: The following persons addressed the Council: Tim Stickney, 285
Woodcrest Road; Ann Taintor, 170 Ocean Lane Drive; Ruth Ortega, 275 Woodcrest Road; Patricia
Woodson, 151 Island Drive; Clifford Brody, 180 Harbor Drive; Steve Simon, 335 Harbor Lane and
Mike Davey, 50 Ocean Lane Drive.
6. SPECIAL INTRODUCTION: Final beach renourishment update by Tim Blankenship with
Mofatt & Nichol. There was extensive discussion from Council regarding Beach Renourishment.
Chief of Police Charles Press made a presentation to Council regarding the Tennis Tournament
traffic plan.
7. AGENDA: Councilmember McCormick requested the addition of a discussion regarding
plastic bags and styrofoam as Item 12A10; Councilmember Moss requested the addition of a
discussion regarding the Finance Director position as Item 12A11 and the Mayor requested to hear
Item 10A1 before Item 12A1. There was no objection to the agenda changes.
8. APPROVAL OF MINUTES: Vice Mayor Caplan made a motion to approve the minutes
of the February 21, 2017 Regular Council Meeting. 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.
9. BUILDING, ZONING AND PLANNING: The Clerk announced that this hearing is
continued from the February 21, 2017 Council Meeting.
All witnesses given testimony in the public hearing were sworn in by the Clerk.
Public Hearing Number. SP -26. The Applicant, the Village Manager, 530 Crandon Boulevard, is
requesting approval of a site plan for a park.
Vice Mayor Caplan made a motion to approve the site plan for a park. The motion was seconded
by Councilmember Moss.
The Manager and Building Zoning and Planning Director addressed the Council recommending
approval of the Site Plan for a park at 530 Crandon Boulevard.
The Mayor opened the public hearing. Cliff and Sally Brody, 180 Harbor Drive addressed
the Council. The Mayor closed the public hearing.
Gianno Feoli with Calvin, Giordano and Associates made a presentation to Council regarding
the different options for 530 Crandon Boulevard.
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There was extensive discussion from Council regarding the site plan. It was the consensus of
Council to add the berm steps in lieu of the pumptract, move the Bedia artwork to the corner and add
the exercise equipment.
The Attorney also addressed the Council regarding the proposed site plan.
Mayor Lindsay made a motion to continue this hearing to the April 18th Council Meeting. The
motion was seconded by Vice Mayor Caplan and approved by a 6-1 voice vote. The vote was as
follows: Councilmembers de la Cruz, Gross, McCormick, Petros, Vice Mayor Caplan and Mayor
Lindsay voting Yes. Councilmember Moss voting No.
10. ORDINANCES: This item was moved to Reports and Recommendations, Mayor and
Councilmembers and deferred to the April 18th Council Meeting.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING
A TWELVE MONTH MORATORIUM ON THE SUBMISSION, PROCESSING AND
APPROVAL OF ANY APPLICATION FOR LOCAL BUSINESS TAX RECEIPTS,
CERTIFICATES OF OCCUPANCY, LAND USE AND ZONING REVIEWS,
DEVELOPMENT APPLICATIONS, LAND USE OR ZONING DEVELOPMENT ORDERS
FOR THE ESTABLISHMENT OR OPERATION OF MEDICAL MARIJUANA
FACILITIES AS FURTHER DEFINED HEREIN; PROVIDING FOR CONSTRUCTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The Clerk read the following ordinance on second reading, by title:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF A FIRE APPARATUS AND
EQUIPMENT FROM PIERCE MANUFACTURING, INC.; PROVIDING FOR A WAIVER
OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Lindsay made a motion to adopt the ordinance on second reading. The motion was seconded
by Councilmember Petros.
The Manager and Chief of Fire Rescue Eric Lang addressed the Council recommending approval
of the ordinance setting forth the terms of financing the purchase of one Pierce Enforcer 107'
Ascendant to be used as a ladder and fire suppression emergency response unit for the Fire Rescue
Department. The funding for this purchase has been allocated in the FY2016-17 General Fund
Budget.
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The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
There was extensive discussion from Council regarding this purchase. It was the consensus of
Council to amend Sections 3 and 4 to reflect not to exceed $960,000.
The ordinance, as amended, was adopted on second reading 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.
11. RESOLUTIONS: 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 EXECUTE AN AGREEMENT
WITH ETC INSTITUTE, INC. FOR THE PREPARATION OF AN UPDATED NEEDS
ASSESSMENT SURVEY; AND PROVIDING FOR AN EFFECTIVE DATE.
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 authorizing the
Village Manager to execute an agreement with ETC Institute, Inc. for the preparation of an updated
needs assessment survey.
There was extensive discussion from Council regarding this resolution.
Councilmember Gross made a motion to table this resolution for six (6) months. Vice Mayor Caplan
seconded the motion and it was approved by a 6-1 voice vote. The vote was as follows:
Councilmembers Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting
Yes. Councilmember de la Cruz voting No.
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 ISSUE A WORK ORDER TO
CALVIN, GIORDANO & ASSOCIATES, INC. FOR DESIGN CRITERIA PROFESSIONAL
SERVICES AND SOLICITATION PREPARATION FOR UTILITIES
UNDERGROUNDING PROGRAM MANAGEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor
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Lindsay
The Manager addressed the Council regarding this resolution.
Mr. Kurt Keiser with Calvin Giordano addressed the Council.
There was extensive discussion from Council regarding this resolution. The Attorney also addressed
the Council regarding this resolution.
Vice Mayor Caplan made a motion to table this resolution to after the Manager's report. 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.
At this time the Manager's report was heard.
Village Manager. The Manager addressed the Council requesting the approval of a multitenant sign
program at 240 Crandon Boulevard.
Mario Garcia Serra, Attorney representing the owner at 240 Crandon Boulevard, addressed
the Council.
Councilmember Gross made a motion to approve the above request. The motion was seconded by
Coucilmember 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 Manager also presented to the Council a Traffic Calming analysis.
Mr. Joe Corradino with the Corradino Group addressed the Council regarding Traffic
Calming, recommending to intensify the education/enforcement campaign; implement a
moratorium on placement of new devices; make the existing devices conform to standards
by replacing or repositioning them and convert devices which are hazardous to emergency
vehicles into more appropriate devices.
Mayor Lindsay made a motion to remove Item 11B from the table. 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 Attorney addressed the Council regarding the process that is presented to the Council in this
resolution.
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Kurt Kaiser with Calvin Giordano addressed the Council regarding their proposal for
undergrounding utilities.
There was extensive discussion from Council regarding this resolution.
Vice Mayor Caplan withdrew his motion to approve Item 11B.
Vice Mayor Caplan made a motion to extend the meeting to 11:10 p.m. 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 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 CONTRACT WITH JRD &
ASSOCIATES, INC. TO CONDUCT A PERMIT FEE RATE STUDY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember Moss.
George Diaz with JRD & Associated addressed the Council.
There was discussion from Council regarding this resolution.
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.
The Clerk read the following resolution by title:
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF
VEHICLES FOR THE CODE ENFORCEMENT, BUILDING, ZONING AND PLANNING,
AND PUBLIC WORKS DEPARTMENTS; WAIVING COMPETITIVE BIDDING
PROCEDURES; 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
Councilmember de la Cruz.
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Vice Mayor Caplan made a motion to extend the meeting to 11:15 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.
The Manager and Building, Zoning and Planning Director Kurlancheek addressed the Council.
There was discussion from Council regarding this resolution.
Eric Duzoglou, 575 Crandon Boulevard addressed the Council regarding the purchase of
hybrid vehicles.
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.
12. REPORTS AND RECOMMENDATIONS:
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
13. OTHER BUSINESS/GENERAL DISCUSSION
14. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
15. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
16. ADJOURNMENT: The meeting was adjourned at 11:20 p.m.
fully submitted:
c ita H. Alvarez, MMC
Village Clerk
Approved this 18th day of April , 2017:
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Mayra Pe EAhdsay
Mayor
/ i h---- .411
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANYMATTER 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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