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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Approved this 29th day of August . 2017:
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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.
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