HomeMy Public PortalAbout04-18-17 - Regular Council Meeting.pdfMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, APRIL 18, 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 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, Deputy Village Clerk Jennifer Duque and Village Attorney
Stephen H. Helfman. Vice Mayor Franklin H. Caplan was absent.
2. INVOCATION: Pastor Dennis Eastling with the Key Biscayne Community Church was
unable to attend the meeting.
3. PLEDGE OF ALLEGIANCE: Councilmember Moss led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay welcomed everyone back from
Spring vacation, the Mayor also thanked Councilmember McCormick for attending Dade Days this
year and also wished, on behalf of the Council, Happy Birthday to Vice Mayor Caplan
5. PUBLIC COMMENTS: The following persons addressed the Council: Juan Mercenari, 270
Island Drive; Eduardo von Simson, 749 Ridgewood Road; Marcelo Radice, 42 Samana Drive,
Miami; Michele Estevez, 798 Crandon Boulevard; Ana V. Brisky, 765 Crandon Boulevard; Ivette
Fernandez, 575 Crandon Boulevard; Laudy Ibarra, 428 Femwood Road; Alfonso Cantalapiedra; Julia
Walsh, 570 Hampton Lane and Nerea Garbayo, 181 Crandon Boulevard.
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6. AGENDA: Councilmember Moss requested to defer Item 11A18 to the May 9th Council
Meeting; Councilmember McCormick requested to withdraw Item 11A11; Councilmember de la
Cruz requested to hear Item 11 A 17 in place of Item 11A 11; Councilmember Moss requested to
withdraw Item 11Al2; the Manager requested to add the Environmental Survey as Item 11D4 and
also requested to add a resolution regarding Police Software funding as Item 10G. There was no
objection to the agenda changes.
7. CONSENT AGENDA: Councilmember Gross made a motion to approve the following
consent agenda. The motion was seconded by Councilmember de la Cruz and approved by a 6-0
voice vote. The vote was as follows: Councilmembers de la Cruz, Gross, McCormick, Moss, Petros
and Mayor Lindsay voting Yes.
The Minutes of the March 14, 2017 Regular Council Meeting.
The Minutes of the March 31, 2017 Special Council Meeting.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SUPPORTING UNITED STATES CONGRESSIONAL BILLS S. 279 AND H.B.
833 TO AMEND SECTION 935 OF THE WATER RESOURCES DEVELOPMENT ACT OF
1986 TO FACILITATE THE USE OF FOREIGN OFFSHORE SAND IN BEACH
NOURISHMENT PROJECTS; URGING THE UNITED STATES CONGRESS TO
EXPEDITE AND FUND THE STUDY TO ALLOW FOREIGN SAND TO BE USED IN
BEACH NOURISHMENT PROJECTS IN MIAMI-DADE COUNTY; DIRECTING THE
VILLAGE CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS STATED HEREIN; PROVIDING FOR AUTHORIZATION AND
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, OPPOSING HOUSE BILL 17 (HB17) AND URGING THE FLORIDA
LEGISLATURE NOT TO ADOPT HB17 OR SIMILAR LEGISLATION; INCLUDING
OPPOSITION OF HB 17 AS PART OF THE VILLAGE'S LEGISLATIVE AGENDA;
PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SUPPORTING THE IMPLEMENTATION OF ACTIVE DESIGN MIAMI:
DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES AS
DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN (MCAD);
DIRECTING STAFF TO INCORPORATE STRATEGIES INTO PLANNING FUNCTIONS
AS FEASIBLE; AND PROVIDING FOR AN EFFECTIVE DATE.
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A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING JAFFER WELL
DRILLING, A DIVISION OF A.C. SCHULTES OF FLORIDA, INC. FOR THE
DEEPENING OF WELLS LOCATED AT WEST MASHTA DRIVE; PROVIDING FOR A
WAIVER OF COMPETITIVE BIDDING; AUTHORIZING THE VILLAGE MANAGER TO
NEGOTIATE AN AGREEMENT CONSISTENT WITH AND SUBSTANTIALLY IN
ACCORDANCE WITH THE PROPOSAL ATTACHED AS EXHIBIT "A"; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
8. BUILDING, ZONING AND PLANNING: Public Hearing Number. SP -26. The
Applicant, the Village Manager, 530 Crandon Boulevard, is requesting approval of a site plan for
a park.
This hearing is continued from the March 14, 2017 Council Meeting.
Councilmember de la Cruz made a motion to continue this hearing to the May 9th Council Meeting.
The motion was seconded by Councilmember Moss and approved by a 6-0 voice vote. The vote was
a follows: Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting
Yes.
9. ORDINANCES:The Deputy Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 7, "BUSINESS REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES
TO INCLUDE SECTION 7-2, "PROHIBITION ON USE OF EXPANDED POLYSTYRENE
BY SPECIAL EVENT PERMITEES" AND SECTION 7-3, "PROHIBITION ON SALE, USE,
OR DISTRIBUTION OF EXPANDED POLYSTYRENE BY BUSINESSES WITHIN THE
VILLAGE;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Moss made motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember de la Cruz.
The Attorney addressed the Council regarding this ordinance. There was discussion from Council
regarding this ordinance.
The motion to adopt the ordinance on first reading failed by a 2-4 roll call vote. The vote was as
follows: Councilmembers Moss and Petros voting Yes. Councilmembers de la Cruz, Gross.
McCormick and Mayor Lindsay voting No.
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The Deputy Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 7, "BUSINESS REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES
TO INCLUDE SECTION 7-4, "PROHIBITION ON USE OF SINGLE -USE CARRY OUT
PLASTIC BAGS" AND SECTION 7-5, "SALE, USE, OR DISTRIBUTION OF SINGLE -USE
CARRY OUT PLASTIC BAGS BY RETAIL ESTABLISHMENTS WITHIN THE
VILLAGE;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
There was discussion from Council regarding this ordinance. The Attorney also addressed the
Council regarding this ordinance.
Councilmember Moss made motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Petros.
The motion to adopt the ordinance on first reading failed by a 2-4 roll call vote. The vote was as
follows: Councilmembers Moss and Petros voting Yes. Councilmembers de la Cruz, Gross.
McCormick and Mayor Lindsay voting No.
The Deputy Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REPEALING AND
REPLACING CHAPTER 10, "FLOODS" RELATING TO THE VILLAGE'S FLOODPLAIN
MANAGEMENT REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR TRANSMITTAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember de la Cruz made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember McCormick.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The Manager addressed the Council recommending adoption of the ordinance on first reading
regarding incorporating higher regulatory standards to the Village's Floodplain Management
regulations.
Acting Building Zoning and Planning Director Eric Lang also addressed the Council regarding this
ordinance.
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Eugenio Santiago, Building Official also addressed the Council regarding this ordinance. The
Attorney also addressed the Council regarding this ordinance.
It was the consensus of Council to hold a Workshop on this subject on Thursday, May 4th at 6:00
p.m.
The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows:
Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
The Deputy Clerk announced the second reading on May 9, 2017.
10. RESOLUTIONS: Councilmember de la Cruz made a motion to reconsider Resolution No.
2017-6 authorizing the Manager to issue a work order to the Corradino Group, Inc. for utility data
gathering relating to the Village's proposed Undergrounding of Utility Lines within the Village. The
motion was seconded by Councilmember Moss and approved by a 6-0 voice vote. The vote was as
follows: Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting
Yes.
The Attorney addressed the Council stating that there is no further action required on the above item.
The Deputy 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 BALLARD KING & ASSOCIATES, LTD. FOR CONSULTING
SERVICES RELATING TO THE PHASE 2 EXPANSION OF THE COMMUNITY
CENTER; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember de la Cruz made a motion to approve the resolution. The motion was seconded by
Councilmember McCormick.
The Manager addressed the Council recommending approval of the resolution authorizing the
Manager to enter into an agreement with Ballard King & Associates, LTD to determine the building
program for Phase 2 of the Community Center Expansion. The total cost of these services is $16,000
and the funding has been allocated in the Parks departmental budget.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la
Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
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April 18, 2017
The Deputy Clerk read the following resolution by title. A public hearing on the following
resolution was heard:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE
APPROVED BY RESOLUTION NO. 2002-45; AND PROVIDING FOR AN EFFECTIVE
DATE.
Councilmember de la Cruz made a motion to approve the resolution. The motion was seconded by
Mayor Lindsay.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la
Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
The Deputy Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO
LEASE/PURCHASE COMPUTER AIDED DISPATCH, RECORDS MANAGEMENT,
SOFTWARE LICENSES AND MOBILE SOFTWARE SOLUTION FOR THE POLICE
DEPARTMENT, IN AN AMOUNT NOT EXCEEDING $497,343; ACCEPTING TERMS
FROM CITY NATIONAL BANK TO PROVIDE FINANCING; AUTHORIZING THE
VILLAGE MANAGER AND OTHERS TO PREPARE AND EXECUTE DOCUMENTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Deputy Chief of Police Jose Monteagudo and Police IT Administrator Jose Calvo addressed the
Council regarding the software.
Councilmember Moss made a motion to defer this resolution to the May 9th, 2017 Council Meeting.
The motion was seconded by Mayor Lindsay and approved by a 6-0 voice vote. The vote was as
follows: Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting
Yes.
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The Deputy 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 CONSTRUCTION ADMINISTRATION SERVICES FOR THE
ARTIFICIAL TURF INSTALLATION AT THE VILLAGE GREEN; AND PROVIDING
FOR AN EFFECTIVE DATE.
Councilmember Petros made a motion to approve the resolution. The motion was seconded by
Councilmember Moss.
The Manager addressed the Council recommending approval of the resolution issuing the work order
to Calvin Giordano & Associates, Inc.
The Attorney addressed the Council regarding this resolution.
There was extensive discussion from Council regarding this resolution.
Parks and Recreation Director Todd Hofferberth also addressed the Council regarding this
resolution.
Andrew Adams with Greentech, Steve Coleman with AstroTurf and Willy Pujals with Astro
Turf and Easy Grass addressed the Council regarding artificial turf.
The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers de la
Cruz, Gross, McCormick, Petros and Mayor Lindsay voting Yes. Councilmember Moss voting No.
The Deputy Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING REDMARK TECHNOLOGIES, LLC FOR THE LICENSING,
INSTALLATION AND MAINTENANCE OF AN ACCELA SOFTWARE SYSTEM FOR
THE BUILDING, ZONING AND PLANNING DEPARTMENT; PROVIDING FOR A
WAIVER OF COMPETITIVE BIDDING; AUTHORIZING THE VILLAGE MANAGER TO
NEGOTIATE AN AGREEMENT CONSISTENT WITH AND SUBSTANTIALLY IN
ACCORDANCE THE TERMS SET FORTH IN THE PROPOSAL AND STATEMENT OF
WORK ATTACHED AS EXHIBIT "A-1;" AND PROVIDING FOR AN EFFECTIVE DATE.
Acting Building Zoning and Planning Director Eric Lang addressed the Council regarding this
resolution.
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Councilmember de la Cruz made a motion to defer this resolution to the May 9th Council Meeting.
The motion was seconded by Mayor Lindsay and approved by a 6-0 vote. The vote was as follows:
Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
The Deputy Clerk read the following resolution by title:
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING RAMUNDSEN PUBLIC
SECTOR, LLC (SUCCESSOR IN INTEREST TO SUNGARD PUBLIC SECTOR LLC) FOR
THE PURCHASE, INSTALLATION AND MAINTENANCE OF A POLICE SOFTWARE
SYSTEM; PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING; AUTHORIZING
THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT CONSISTENT WITH
AND SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS SET FORTH IN THE
PROPOSAL ATTACHED AS EXHIBIT "A"; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Lindsay made a motion to defer this resolution to the May 9th Council Meeting. The motion
was seconded by Councilmember Moss and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
11. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Mayor Lindsay discussed the following proposed ordinance: 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 Attorney addressed the Council regarding this ordinance explaining that these activities are
prohibited by our Code.
There was discussion from Council regarding this proposed ordinance.
Mayor Lindsay addressed the Council regarding the next steps for the Village's Master Plan and
Land Acquisition in line with adopted Urban Planning. There was extensive discussion from
Council regarding this item.
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It was the consensus of Council to go out for an RFP or RFQ for a Consultant who specializes in
Public and Urban planning.
Councilmember Moss addressed the Council regarding a bike sharing program, thanking Parks and
Recreation Department Todd Hofferberth and the residents that worked on a bike sharing program.
Director Hofferberth addressed the Council regarding the above program.
It was the consensus of Council to direct Mr. Hofferberth to bring back an agreement for the bike
sharing program at the May 9th Council Meeting.
Councilmember Moss addressed the Council recommending to reduce the Education Advisory Board
Committee Members from nine (9) to seven (7). It was the consensus of Council to amend the
ordinance to amend the number of members from 9 to 7.
Councilmember also Moss addressed the Council regarding the appointment of a new member to
the Education Advisory Board. Councilmember Moss is recommending the appointment of Suly
Olivarria.
At this time Councilmember Moss addressed the Council regarding forming an Underground
Utilities Task Force. There was extensive discussion from Council regarding this Task Force.
Councilmember Petros addressed the Council regarding the regulation of leaf blowers
recommending to eliminate the gas leaf blowers. The Attorney also addressed the Council regarding
the regulation of leaf blowers. The Manager also addressed the Council regarding the regulation of
leaf blowers.
At this time the Manager's report was heard.
The Manager addressed the Council requesting a motion to issue an RFQ for the Undergrounding
Utilities Program.
Councilmember Gross made a motion to issue an RFQ for Undergrounding Utilities Program. The
motion was seconded by Councilmember Moss. Councilmember Gross withdrew his motion.
The Attorney addressed the Council regarding this RFQ. There was extensive discussion from
Council regarding this RFQ.
It was the consensus of Council to direct the Attorney to bring back a revised RFQ.
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The Manager addressed the Council regarding the possible acquisition of 571 Glenridge Road and
570 Fernwood Road. The Manager reported that he requested updated appraisals about six weeks
ago on these two pieces of property and forwarded them to the representatives of the two property
owners.
The Attorney also addressed the Council regarding the above item.
The Manager addressed the Council regarding the Environmental Study requested by Council
prepared by Calvin Giordano & Associates. The Attorney also addressed the Council regarding the
Environmental Study. There was extensive discussion from Council regarding this issue.
Mayor Lindsay made a motion to approve the scope of work and the price proposed by Calvin
Giordano & Associates for the Calusa Park Expansion Study with the caveat of pending comments
from Mr. Gene Stearns. The motion was seconded by Councilmember de la Cruz and approved by
a 6-0 voice vote. The vote was as follows: Councilmembers de la Cruz, Gross, McCormick, Moss,
Petros and Mayor Lindsay voting Yes.
Mayor Lindsay also addressed the Council regarding the next step for a Sea Level Rise Village
Comprehensive Plan. The Attorney and the Manager also addressed the Council regarding this issue.
There was extensive discussion from Council regarding the above issue.
Councilmember Moss addressed the Council requesting to move the Budget Workshop to Tuesday,
June 20, 2017.
Mayor Lindsay made a motion to move the Budget Workshop to Tuesday, June 20th. The motion
was seconded by Councilmember Moss and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
Councilmember de la Cruz addressed the Council on the progress with the Interactive Street Lights.
Councilmember de la Cruz also addressed the Council regarding finding alternative solutions to our
Beach Renourishment Plan. Councilmember Gross addressed the Council regarding this issue
reporting that he will bring a new plan forward at a later Council meeting. There was discussion
regarding this issue.
Councilmember Petros made a motion to extend the meeting to 11:05 p.m. The motion was
seconded by Mayor Lindsay and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers de la Cruz, Gross, McCormick, Moss, Petros and Mayor Lindsay voting Yes.
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Mayor Lindsay addressed the Council regarding short term house rentals enforcement and the
policies the Village has in place. There was discussion from Council regarding this issue.
Village Attorney. The Attorney did nit submit a report.
Village Clerk. The Clerk did not submit a report.
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.
15. ADJOURNMENT: The meeting was adjourned at 11:05 p.m.
Respectfully submitted:
ita H. Alvarez, MMC
Village Clerk
Approved this 9th day of May , 2017:
Mayrd`Pena Lindsay
Mayor
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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