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HomeMy Public PortalAbout06-13-17 - Regular Council Meeting.pdfMINUTES REGULAR COTINCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, JUNE T3,2OI7 COUNCIL CHAMBER KEY BISCAYNE, FLORIDA l. 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. Mo1s, 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 Attorneys Stephen J. Helfman and Chad Friedman. 2. INVOCATION: Reverend Juan Carlos Paguaga with Saint Agnes Catholic Church was not able to attend the meeting. 3. PLEDGE OF ALLBGIANCE: The KB Girl Scouts led the Pledge of Allegiance. 4. BRIEF COMMENTS BY COUNCIL: The Mayor thanked the organizers of the Memorial Day Ceremony and encouraged all residents to attend the Memorial Day and Veterans Day Ceremonies and also thanked the Clerk for her 24 years of service to the Village of Key Biscayne; Councilmember McCormick wished a Happy Birthday to Councilmember Gross and Todd Hofferberth. 5. PUBLIC COMMENTS: The following residents addressed the Council: Pedro Espanol, 881 Ocean Drive; Chief Eric Lang and Lieutenant Connors also addressed the Council; Michael Kelly, 395 Gulf Road; Michelle, 545 Hampton Lane; Bibiana Domit, 791 Crandon Boulevard; Donald Ellisburg, 177 Ocean Lane Drive and York Flik, 338 West l{eather. I of ll June 13,2017 At this time Representative Nicolas X. Duran addressed the Council giving a Legislative update. Senator Rene Garcia addressed the Council regarding his proposed Condominium Legislation. At this time Public Comments was continued. The following persons also addressed the Council: Yuki Lin, on behalf of LimeBike; Maria Ponce de Leon, 455 Woodcrest Road; Michael Davey, 50 Ocean Lane Drive; Sally Brody, 180 Harbor Drive; Ivette Fernandez-Chaustre, 575 Crandon Boulevard; Cecile Sanchez, 260 Cypress Drive; Joyce Olivera, 203 East Enid Drive and Lois Greenberg, 1 121 Crandon Boulevard. 6. SPECIAL INTRODUCTION: The Key Biscayne Girl Scout Troop 385 made a presentation to Council promoting Backpack Awareness Month in Florida. Mr. Moises D. Anza, CPA, CGMA, Manager with Marcum LLP presented to the Council the 2016 Comprehensive Annual Financial Report. Ms. Colleen Castille made a presentation to Council on a proposed Beach Management Assistance Plan. Ms. Castille addressed the time line reporting that if the feasibility study is submitted by August I,2017, the Village will still be considered for this year's budget. There was extensive discussion from Council regarding the feasibility study that will be presented to the DEP and other agencies regarding Beach Renourishment. The presentation from Calvin Giordano & Associates regarding the Calusa Park Expansion Study was deferred to a later Council Meeting. Chief of Police Charles Press addressed the Council and introduced Mr. Jhen Frias and Bill Homer with Rave Mobility Safety who addressed the Council regarding a proposed 911 system. Chief of Fire Rescue Eric Lang made a presentation to Council regarding Zika-Mosquito Control 7. AGENDA: The Manager requested the addition of two resolutions as ltems 9D and 9E; Councilmember Gross requested the addition of a discussion regarding contracting Ms. Colleen Castille as Item 11D2 under the Village Manager's report; Vice Mayor Caplan requested the deferral of Item 11410 to the August 29th Council Meeting; Councilmember de la Cruz requested the defenal of Item 1147 to the August 29th Council Meeting and discuss smart lights in its place and Councilmember Gross requested the addition of a discussion on the Village Green as Item 11410. There was no objection to the agenda changes. 2ofll June 13,2017 8. CONSENT AGENDA: Vice Mayor Caplan made a motion to approve the following consent agenda. The motion was seconded by Councilmember de laCruz and approved by a 7-0 voice vote. The vote was as follows: Councilmembers delaCruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. The minutes of the }lflay 4,2017 Floodplain Management Workshop The minutes of the May 9,2017 Regular Council Meeting The minutes of the May 15,2017 Special Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING AND APPROVING A CONTRACT FOR EMERGENCY DISASTER DEBRIS REMOVAL AND RESPONSE SERVICES; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVTDING FOR AN EFFECTIVE DATE. A RESOTUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING AND APPROVING A CONTRACT FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE YILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICB EQUITABLE SHARING PROGRAM FOR THE PURCHASE OF A DEPARTMENT.WIDE ACTIVE KILLER RESPONSE TRAINING PROGRAM AND RELATED AMMUNITION; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING GREAT TIMES ENTERTAINMENT, LLC (DIB/A PLAYSMART) FOR INSTALLATION OF PLAYGROUND EQUIPMENT AT THE VILLAGE'S COMMUNITY CENTER; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COT.INCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDAO SELECTING CENTURY TECHNOLOGIES PARTNERS, CORP. FOR INSTALLATION OF SECURITY BQUIPMENT AT THE VILLAGE'S COMMUNITY CENTER; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3 of It June 13,2017 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VTLLAGE COI.INCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF A PARKS AND RECREATION MANAGEMENT SOFT\ryARE SYSTEM, HARDWAR-E AND RELATED SERVICES FROM VERMONT SYSTEMS INC.; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES: The Clerk read the following ordinance on fìrst reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNEO FLORIDAN AMENDING CHAPTER 17, *NOISE'' OF THE VILLAGE CODE OF ORDINANCBS BY ADDING THE DEFINITION OF *FUEL'AND REVISING THE DEFINITION OF "LEAF BLOWER'' IN SECTION 17-1, *DEFINITIONS;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; 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 de la Cruz. Councilmember Petros addressed the Council regarding this ordinance Village Attorney Friedman also addressed the Council regarding this ordinance stating that the effective date of this ordinance will be 180 days after adoption of the ordinance on second reading. There was extensive discussion from Council regarding this ordinance 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 on August 29,2017 The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REPEALING AND REPLACING CHAPTER IO, "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" The Clerk announced that the second reading of this ordinance is continued from the May 9th,2017 Council Meeting. 4ofll June 13, 2017 Vice Mayor Caplan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember de la Cruz. Director of Building, Zoning and Planning Sergio Ascunce addressed the Council recommending the adoption of the Ordinance on second reading regarding incorporating higher regulatory standards to the Village's Floodplain Management Regulations. 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 ordinance The ordinance 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. The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 2OI4-03 TO REDUCE THE MEMBERS OF THE EDUCATION ADVISORY BOARD FROM NINE TO SEVEN; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Caplan. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Lindsay made an amendment to Section 5a1 to remove "the establishment modification" and insert "implementation." There was no objection to the amendment. The ordinance, as amended, was adopted on second reading by a7-0 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 read the following ordinance on second reading, by title AN ORDINANCE OF THE VILLAGB OF KEY BISCAYNE, FLORIDA, CREATING AN UNDERGROUND UTILITY TASK FORCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5oflI June 13,2017 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. The ordinance 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. There was extensive discussion from Council regarding the Task Force. Village Attomey Helfman also addressed the Council regarding the Task Force. Councilmember Moss made a motion to table the discussion regarding the appointment of the Task Force after the Manager's Report. The motion was seconded by Councilmember Moss and approved by a7-0 voice vote. The vote was as follows: Councilmembers delaCruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. At this time ltem 1141 was heard. Councilmember McCormick made a motion to appoint Jennifer Duque as next Village Clerk due to the retirement of current Village Clerk Conchita H. Alvarez. Vice Mayor Caplan seconded the motion and it was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers de laCruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. Appointed Village Clerk Jennifer Duque addressed the Council and presented Village Clerk Conchita H. Alvarez with an award for her 24 yearc of service to the Village. Also Village Manager addressed the Council congratulating Conchita on her 24 years of service. At this time the Manager's report was heard. Villa&e Manager. The Manager addressed the Council requesting a motion to authorize the Manager to enter into an agreement with Calvin Giordano & Associates to prepare 530 Crandon Park construction plans. Vice Mayor Caplan made a motion to authorize the Manager to enter into an agreement with Calvin Giordano & Associates, Inc. to prepare 530 Crandon Park construction plans. The motion was seconded by Councilmember Moss and approved by a 6-0 voice vote. The vote was as follows: Councilmembers delaCruz, Gross, McCormick, Moss, Petros and Vice Mayor Caplan voting Yes. Mayor Lindsay was out of the room at the time the vote was taken. 6ofll June 13, 2017 Vice Mayor Caplan made a motion to hire Colleen Castille to prepare a Beach Management Plan for the Village of Key Biscayne directing the Manager to negotiate an agreement for an amount not to exceed $60,000. The motion was seconded by Councilmember de laCruz. The Mayor open the public comments. There were no speakers present. The Mayor closed the public comments. The motion was approved by a7-0 voice vote. The vote was as follows: Councilmembers de la Cruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. The Attomey also addressed the Council regarding the agreement with Tim Blankenship. Vice Mayor Caplan made s motion to negotiate an agreement with Tim Blankenship, under the EAC Agreement, for an amount not to exceed $50,000 to do the feasibility study by August 1,2017. The motion was seconded by Councilmember Petros and approved by a7-0 voice vote. The vote was as follows: Councilmembers delaCruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. At this time the discussion on the Underground Utility Task Force was removed from the table. Vice Mayor Caplan made a motion to remove this item from the table. The motion was seconded by Councilmember 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. There was extensive discussion from Council and the Attorney regarding the duties of the Underground Utility Task Force. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE, ALL CO.PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMTNATTON SYSTEM (NPDES) PERMTT NO. FLS000003-003 AND MIAMI-DADE COUNTY RELATING TO COSTS AND ACTIVITIES AS A RESULT OF SAID PERMIT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COTJNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SBLECTING BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR INSTALLATION OF THE VILLAGE GREEN IRRIGATION SYSTEM; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Tofll June 13,2017 Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Mayor Lindsay. The Manager addressed the Council recommending approval of the resolution approving the agreement for the National Pollutant Discharge Elimination System permit with Miami-Dade County. Ms. Alicia Verea-Feria,EL, CFM with Tetra Tech, addressed the Council regarding this resolution. The resolution was approved by a7-0 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 COI.TNCIL OF THE VILLAGB OF KEY BISCAYNE, FLORIDA, SELECTING BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR INSTALLATION OF THE VILLAGE GREEN IRRIGATION SYSTEM; 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 Mayor Lindsay. The Manager addressed the Council recommending approval of the resolution authorizing the Manager to expend funds to complete the installation of a new inigation system on the Village Green. Director of Parks and Recreation Todd Hofferberth addressed the Council regarding this resolution. There was extensive discussion from Council regarding the inigation system. The resolution was approved by a7-0 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 extend the meeting until I 1:05 p.m. The motion was seconded by Mayor Lindsay and approved by a 7-0 voice vote. The vote was as follows: Councilmembers de laCruz, Gross, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. Sofll June 13,2017 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ENCOURAGING BUSINESS AND SPECIAL EVENT PERMITTEES TO RBPLACE STYROFOAM FOOD SERVICE ARTICLES AND SINGLE.USE CARRY.OUT PLASTIC BAGS WITH ENVIRONMENTALLY.FRIENDLY ALTERNATIVES; PROMOTING OTHER MEASURES TO R-EDUCE MARINE AND ENVIRONMENTAL DEBRIS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Moss. There was discussion lrom Council regarding this resolution. Village Attorney Friedman also addressed the Council regarding this resolution. The resolution was approved by a7-0 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 BTSCAYNE, FLORIDAO SUPPLBMENTING THE PROCEDURES AND CIVILITY RESOLUTION (RESOLUTION 20 I 6-27) ; REAFFIRMING OPERATIONAL PROTOCOLS FOR VILLAGE COUNCIL INITIATIVES AND COORDINATION WITH THE MANAGER; REAFFIRMING STANDARDS FOR TRANSPARENCY AND REPORTING; PROVIDING FOR AN EFFECTIVE DATE AND POSSIBLE "SUNSET' REPEAL. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. Vice Mayor Caplan addressed the Council regarding this resolution. There was extensive discussion from Council regarding this resolution. Councilmember de la Cruz made a motion to extend the meeting to 1 1 : l0 p.m. The motion was seconded by Councilmember Gross and approved by a 6-1 voice vote. The vote was as follows: Councilmembers delaCruz, Gross, McCormick, Moss, Petros and Vice Mayor Caplan voting Yes. Mayor Lindsay voting No. Councilmember McCormick and Mayor Lindsay offered some amendments to the resolution. There was no objection to these amendments. 9ofll June 13,2017 The Attorney addressed the Council regarding this resolution The resolution, as amended, was approved by a 4-3 voice vote. The vote was as follows: Councilmembers de la Cruz, McCormick, Petros and Vice Mayor Caplan voting Yes. Councilmembers Gross, Moss and Mayor Lindsay voting No. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Vice Mayor Caplan discussed the artificial grass on the Village Green. The Manager also addressed the Council regarding the artificial grass on the Village Green. There was extensive discussion from Council regarding the artificial grass on the Village Green. Director Hofferberth also addressed the Council regarding the use of the Village Green and the impact of using natural grass. Three things need to be addressed: irrigation, maintenance and use. The Manager also addressed the Council regarding the artifical Grass vs. natural Grass on the Village Green. Village Attorney. The Attomey did not 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/events was presented to the Council. 15. ADJOURNMENT: The meeting was adjourned at 11:40 p.m. submitted: H. Alvarez, MMC Villøge Clerk l0oftl June 13,2017 Approved this 29th day of August . 2017: )/l An n-1 -lnn nt11 uayr@ta ùìdíay Møyor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE WLL.AGE 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 EWDENCE UPON WHICH THE APPEAL IS TO BE BASED. II of Il