HomeMy Public PortalAbout05-09-17 - Regular Council Meeting.pdfMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, MAY 9, 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, 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. Helfman.
2. INVOCATION: Rabbi Yoel Caroline with Chabad of Key Biscayne gave an invocation.
3. PLEDGE OF ALLEGIANCE: The children from the Key Biscayne Elementary School
led the Pledge of Allegiance
4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay addressed the Council welcoming
the representatives from the Key Biscayne Community School and thanked the parents of the
children who participated in the Mayor and Councilmember, Fire and Police Chiefs for a Day event;
Councilmember McCormick thanked the Fire Department, especially Lieutenant Justin Connors, Lia
Frary and Robert Abad for the wonderful response they had to her house and for the incredible level
of care they gave to her son; Vice Mayor Caplan addressed the Council stating how sorry he was for
the passing of Basha Hicks and recognized her for all her contributions to the Village of Key
Biscayne; Councilmember Moss thanked the Manager and the staff regarding the Beach
Renourishment Project and Vice Mayor Caplan also addressed the Council regarding the annoyed
noise coming from commercial flights and helicopters over the Village.
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5. PUBLIC COMMENTS: The following residents addressed the Council: Bibiana Domit,
791 Crandon Boulevard; Theodore McCormick, 245 Glenridge Road; Laudy Ibarra, 482 Fernwood
Road; Michael Davey, 50 Crandon Boulevard; Susana and Alexa Moss, 731 Crandon Boulevard;
Carlos de la Cruz, Jr., 460 S. Mashta Drive; Raffaella Piazzosi, 701 Crandon Boulevard; Reinaldo
Iregorri, 445 Grand Bay Drive and Mauricio Jaramillo, 791 Crandon Boulevard.
6. SPECIAL INTRODUCTION: The Manager introduced to the Council and the public the
new Building, Zoning and Planning Director, Mr. Sergio Ascunce. Mr. Ascunce addressed the
Council.
7. AGENDA: Mayor Lindsay requested the addition of a Special Presentation by the Miami -
Dade County School Representatives regarding the MAST Academy Magnet Application process
to be heard before the Consent Agenda; Mayor Lindsay also requested to hear a Legislative Report
from Fausto Gomez with Gomez Barker and Associates at 9:30 p.m. and also requested the addition
of a discussion regarding allocation of playing fields and recreational programming for teens as Item
12A6; Councilmember Petros requested the addition of a discussion regarding a pilot bike sharing
program as Item 12A7; Councilmember Moss requested the addition of a discussion regarding the
RFQ for Underground Utilities as Item 12A8 and also requested the addition of a discussion on
filling open Director positions within the Village as Item 12A9. There was no objection to the
agenda changes.
At this time the Miami -Dade County School Representatives addressed the Council regarding the
MAST Academy Magnet Application process for Key Biscayne residents. Dr. Albert Payne, Dr.
Robert Strickland, Mr. John Pace and Sylvia Tarafa, Principal from the KB K-8 School addressed
the Council regarding the MAST Academy and the KB Community School.
8. CONSENT AGENDA: Vice Mayor Caplan made a motion to approve the following consent
agenda. The motion was seconded by Councilmember McCormick and approved by a 5-0 voice
vote. The vote was as follows: Councilmembers Gross, McCormick, Petros, Vice Mayor Caplan and
Mayor Lindsay voting Yes. Councilmembers de la Cruz and Moss were out of the room at the time
the vote was taken.
The minutes of the April 18, 2017 Regular Council Meeting.
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.
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9. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in this hearing
were sworn in by the Clerk.
Public Hearing No. SP -26. All witnesses given testimony in this hearing were sworn in by the Clerk.
The Applicant, the Village Manager, 530 Crandon Boulevard, is requesting approval of a site plan
for a park.
This hearing is continued from the April 18, 2017 Council Meeting.
Vice Mayor Caplan made a motion to approve the site plan. The motion was seconded by Mayor
Lindsay.
The Attorney addressed the Council regarding this hearing.
Gianno Feoli with Calvin, Giordano and Associates made a presentation to Council regarding
the different options for 530 Crandon Boulevard.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
There was extensive discussion from Council regarding the site plan.
Vice Mayor Caplan made a motion to choose the previous Option 1 eliminating the pumptract,
moving the Bedia Plaza to the corner and adding a low wall along Crandon Boulevard, benches and
lights and come back before Council with this design. The motion was seconded by Councilmember
Petros 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.
10. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
ORDINANCE NO. 2014-03 TO REDUCE THE MEMBERS OF THE EDUCATION
ADVISORY BOARD FROM NINE TO SEVEN; AND PROVIDING FOR AN EFFECTIVE
DATE.
Vice Mayor Caplan made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Petros.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
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The ordinance was adopted on first 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.
The Clerk announced the second reading of the ordinance for June 13, 2017.
The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING AN
UNDERGROUND UTILITY TASK FORCE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Moss.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was adopted on first 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.
The Clerk announced the second reading of the ordinance for June 13, 2017.
The Clerk read the following ordinance on second 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.
Vice Mayor Caplan made a motion to adopt the ordinance on second reading. The motion was
seconded by Mayor Lindsay.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
Acting Building, Zoning and Planning Director Eric Lang addressed the Council.
There was extensive discussion from Council regarding this ordinance. Vice Mayor Caplan
withdrew his motion.
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Vice Mayor Caplan made a motion to continue the second reading of this ordinance to the June 13th
Council Meeting, 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.
11. RESOLUTIONS: The 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.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor
Lindsay.
The Manager addressed the Council recommending that the Council approve the resolution
authorizing the lease/purchase of a computer aided dispatch, records management software licenses
and mobile software solution for the Police Department utilizing the financing through the Master
Lease Purchase Agreement with City Nation Bank, in an amount not to exceed $497,343 with a Bank
Qualified Tax Exempt interest rate of 1.53% over a four year term.
Chief of Police Charles Press addressed the Council regarding this purchase.
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 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.
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Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor
Lindsay.
Chief of Police Charles Press also addressed the 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 RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ENCOURAGING BUSINESSES AND SPECIAL EVENT PERMITTEES TO
REPLACE EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES AND SINGLE -USE
CARRY -OUT PLASTIC BAGS WITH ENVIRONMENTALLY -FRIENDLY
ALTERNATIVES; PROVIDING FOR TRANSMITTAL; 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 Attorney addressed the Council regarding this resolution.
Councilmember de la Cruz withdrew his motion.
Vice Mayor Caplan made a motion to continue this resolution to the June 13th Council Meeting.
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 OF KEY BISCAYNE, FLORIDA, AMENDING
RESOLUTION NO. 2012-38 WHICH AUTHORIZED THE VILLAGE'S $5,575,000
SCHOOL IMPROVEMENT REVENUE BONDS, SERIES 2012, IN ORDER TO LOWER
THE INTEREST RATE ON SUCH BONDS; APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN AMENDMENT TO THE BONDS; AUTHORIZING
THE MAYOR, THE VILLAGE MANAGER AND OTHER VILLAGE OFFICIALS TO
EXECUTE ANY AND ALL DOCUMENTS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor
Lindsay.
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The Manager addressed the Council recommending approval of the resolution amending the terms
of the School Improvement Revenue Bonds, Series 2012 for the purpose of lowering the interest rate
and thereby providing savings to the Village.
Lourdes Abadin with Estrada Hinojosa, Financial Advisor for the Village addressed the
Council.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la
Cruz, Gross, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. Councilmember
McCormick was out of the room at the time the vote was taken.
At this time Mr. Fausto Gomez with Gomez Barker & Associates addressed the Council reporting
on the legislative session that just ended.
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
EAC CONSULTING, INC. FOR ENGINEERING SERVICES RELATING TO THE
FERNWOOD ROAD LIGHTING IMPROVEMENTS PROJECT; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Lindsay made a motion to approve the resolution. The motion was seconded by
Councilmember Petros.
The Manager addressed the Council recommending approval of the resolution authorizing the
Village Manager to issue a work order to EAC Consulting, Inc. to provide engineering services for
the lighting of Fernwood Road.
The representative from EAC addressed the Council.
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: The following items were discussed:
Mayor and Councilmembers. Mayor Lindsay addressed the Council regarding the enforcement of
vendors on Village Parks.
Parks and Recreation Director Todd Hofferberth addressed the Council regarding the
enforcement of vendors on Village Parks.
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Mayor Lindsay addressed the Council regarding the standing Village Committees. The Mayor made
the following appointments with consensus of Council: Council Liaison to the Art in Public Places
Board: Vice Mayor Caplan; Council Liaison to the Dog Park Committee: Councilmember Petros;
Zuly Olavarria was appointed to the Committee K-8 Education Advisory Board and appointed
Councilmember McCormick as Council liaison; Council Liaison to the Investment Advisory
Committee: Councilmember Gross; Clint Bush was appointed to the Winter Concert Advisory
Committee and Council Liaison: Vice Mayor Caplan and Councilmember Moss was appointed as
Council Liaison to the Land Acquisition Committee and to the Underground Utility Task Force.
Mayor Lindsay also addressed the Council regarding a long term comprehensive strategy for Beach
Renourishment. Councilmember Gross addressed the Council regarding a proposal from Colleen
Castille, former Head of the DEP, to take the lead to develop a plan for the Village of Key Biscayne
Renourishment Plan.
The Attorney also addressed the Council regarding the Castille proposal.
Councilmember de la Cruz proposed to hold meetings with Ms. Castille. The Clerk was directed
to arrange for Sunshine Meetings for Council with Ms. Castille.
Councilmember Moss addressed the Council regarding the Sustainability Plan. The Clerk was
directed to circulate the plan among Councilmembers.
At this time the Village Attorney's report was heard.
Village Attorney. The Attorney addressed the Council reporting that an agreement was finally
reached with Miami -Dade County regarding the purchase of the parking lot.
The Attorney also addressed the Council regarding the RFQ for the Underground Utilities Project.
The Attorney will send the revised RFQ to the Council.
Mayor Lindsay addressed the Council regarding the allocation of playing fields and recreational
programs for teens. There was extensive discussion from Council regarding this item.
Councilmember Petros addressed the Council regarding a pilot program for a bike sharing program.
Vice Mayor Caplan made a motion to authorize the Manager to negotiate and enter into an
agreement with LimeBike for a pilot bike sharing program for the summer. 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.
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Councilmember Moss addressed the Council regarding the positions that are open within the Village
requesting that the Manager forward to him the job description for these positions.
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager 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 11:00 p.m.
Res c ully submitted.
Conchita H. Alvarez, MMC
Village Clerk
Approved this 13th day of June . 2017:
Mayoa'Perfa 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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