HomeMy Public PortalAbout01-12-16 - Regular Council Meeting.tifMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JANUARY 12, 2016
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 Franklin H. Caplan, Luis de la Cruz, Theodore
Holloway, Michael E. Kelly, Edward London and Mayor Mayra Lindsay. Also present were Village
Manager John C. Gilbert, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J.
Helfrnan.
2. INVOCATION: Reverend Juan Carlos Paguaga with Saint Agnes Catholic Church, gave
an invocation.
At this time the Mayor asked for a moment of silence in honor of Vice Mayor James Taintor.
3. PLEDGE OF ALLEGIANCE: Mayor Lindsay led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay read a statement from the Taintor
family thanking everyone for their support and kind words; Councilmember Kelly addressed the
Council and the public regarding the Key Ride reporting that it is up and running, it is a free service
within the Village and their phone number is 786-361-8657 and Mayor Lindsay expressed, on behalf
of the Council, sincere condolences to the family of Daniela Benavides San Miguel.
5. SPECIAL PRESENTATIONS: Dr. Phil Busey, CCA CPAg addressed the Council and
gave a Village Green Playing Field Renovation Agronomy Report on playing field condition and
maintenance.
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There was extensive discussion from Council regarding the condition of the playing fields at the
Village Green.
Mr. Ken Ballard addressed the Council regarding the onsite review and assessment of the Parks &
Recreation Department's Operational Budget as well as staffing plans and job functions. Mayor
Lindsay requested that the hybrid sports program be looked at and also to look into having more low
impact recreational programs for teenagers.
Mr. Joe Corradino with The Corradino Group presented to the Council the Key Biscayne Transit
Mobility Study. Mr. Corradino reported that this project was developed with a number of distinct
tasks: public involvement, significant data collection and analysis; and, multimodal project
recommendations.
There was extensive discussion from Council regarding the Transit Mobility Study.
6. PUBLIC COMMENTS: The following residents addressed the Council: Alejandro Zizold,
798 Crandon Boulevard; Cristina Zizold, 798 Crandon Boulevard; Brett Moss, 731 Crandon
Boulevard and Alfonso Garcia, 530 N. Mashta.
7. AGENDA: Councilmember Kelly requested the addition of an update on the Police parking
garage as Item 11D3; Councilmember Caplan requested the addition of a discussion regarding Rules
and Procedures for Council as Item 11A7; Mayor Lindsay requested to hear Item 11A2 together with
Item 10D; Councilmember Holloway requested the deferral of Item 11A6; the Attorney requested
the addition of a discussion regarding the Tennis Center Concert as Item 11B1 and the Manager
requested the addition of an update on the live streaming and Chamber renovations as Item 11D4.
There were no objections to the agenda changes.
8. APPROVAL OF MINUTES: Councilmember Kelly made a motion to approve the minutes
of the September 9, 2014 First Budget Hearing. The motion was seconded by Councilmember
Caplan.
Councilmember Caplan made some amendments to page 3 of 6.
The minutes, as amended, were approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, de la Cruz, Holloway, Kelly , London and Mayor Lindsay voting Yes.
Councilmember Kelly made a motion to approve the minutes of the December 1, 2015 Workshop
on Council Priority Projects. The motion was seconded by Councilmember Holloway and approved
by a 6-0 voice vote. The vote was as follows: Councilmembers Caplan, de la Cruz, Holloway, Kelly,
London and Mayor Lindsay voting Yes.
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Councilmember Kelly made a motion to approve the minutes of the December 1, 2015 Regular
Council Meeting. The motion was seconded by Councilmember Caplan and approved by a 6-0 voice
vote. The vote was as follows: Councilmembers Caplan, de la Cruz, Holloway, Kelly, London and
Mayor Lindsay voting Yes.
9. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE
WATER AND BOAT SAFETY COMMITTEE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the ordinance on first reading. The motion was
seconded by Councilmember Holloway.
The Mayor opened public hearing. There were no speakers present. The Mayor closed the
public hearing.
It was the consensus of Council to reduce the number of member of this Committee to five members.
There were some other suggestions made to the Village Attorney regarding this ordinance.
There was discussion from Council regarding this ordinance.
The ordinance, as amended, was approved on first reading by a 6-0 roll call vote. The vote was as
follows: Councilmembers Caplan, de la Cruz, Holloway, Kelly, London and Mayor Lindsay voting
Yes.
The Clerk announced the second reading will be on February 9, 2016.
The Clerk read the following ordinance on first reading, by title:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AUTHORIZING THE PURCHASE OF THE REAL PROPERTY
LOCATED AT 401 HAMPTON LANE, KEY BISCAYNE, FLORIDA 33149; PROVIDING
FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the ordinance on first reading. The motion was
seconded by Caplan.
The Attorney addressed the Council regarding this ordinance.
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The Mayor opened public hearing. There were no speakers present. The Mayor closed the
public hearing.
There was discussion from Council regarding this ordinance.
The ordinance was approved on first reading by a 6-0 roll call vote. The vote was as follows:
Councilmembers Caplan, de la Cruz, Holloway, Kelly, London and Mayor Lindsay voting Yes.
The Clerk announced the second reading will be on February 23, 2016.
The Clerk read the following ordinance on first reading, by title:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING FHP TECTONICS CORP. FOR THE
CONSTRUCTION OF THE DOG PARK AT THE VILLAGE GREEN; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the ordinance on first reading. The motion was
seconded by Councilmember Caplan.
The Mayor opened public hearing. Alejandro Zizold, 798 Crandon Boulevard and Cristina
Figueredo Zizold, 798 Crandon Boulevard addressed the Council. The Mayor closed the
public hearing.
The Mayor proposed to amend the specs, to the extent it is necessary regarding the artificial turf
The ordinance was approved on first reading by a 4-2 roll call vote. The vote was as follows:
Councilmembers Caplan, Holloway, Kelly and Mayor Lindsay voting Yes. Councilmembers de la
Cruz and London voting No.
The Clerk announced the second reading will be on February 23, 2016.
10. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING A
SPECIAL ELECTION TO BE HELD ON TUESDAY, APRIL 5, 2016, TO FILL A
VACANCY ON THE VILLAGE COUNCIL IN ACCORDANCE WITH VILLAGE
CHARTER SECTION 2.05(c)(ii); PROVIDING FOR THE CONDUCT OF ELECTION;
ESTABLISHING QUALIFYING PERIOD TO FILE FOR COUNCIL; PROVIDING FOR
AN EFFECTIVE DATE.
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Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Caplan.
The Attorney and the Clerk addressed the Council regarding this resolution.
The resolution was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers
Caplan, de la Cruz, Holloway, Kelly, London 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, AUTHORIZING THE EXPENDITURE
OF FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE EQUITABLE
SHARING PROGRAM AND THE ISSUANCE OF A PURCHASE ORDER FOR VERIZON
(NETWORKFLEET, INC.) FOR THE PURCHASE OF A POLICE DEPARTMENT -WIDE
GLOBAL POSITIONING SYSTEM FLEET TRACKING PRODUCT AND
MAINTENANCE, INCLUDING THE INSTALLATION AND MONTHLY FEES FOR THE
REMAINDER OF THE FISCAL YEAR; PROVIDING FOR A WAIVER OF
COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Caplan.
The Manager addressed the Council recommending the purchase of a Police departmental wide GPS
Fleet Tracking and Maintenance Project Program from Verizon Wireless, Inc. The purpose of the
request is to help improve this high -quality public service expected of our police officers and manage
the department's fleet more effectively and efficiently. The funding source shall be the Federal Asset
Sharing Fund not to exceed $13,839 to cover the cost of the equipment, installation and monthly data
charge through the end of the fiscal year.
Chief of Police Charles Press addressed the Council regarding this resolution.
The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers
Caplan, de la Cruz, Holloway, Kelly and Mayor Lindsay voting Yes. Councilmember London voting
No.
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January 12, 2016
The Clerk read the following resolution by title:
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING THE BID OF WILLIAMS
PAVING CO., INC. FOR TRAFFIC CALMING AT FERNWOOD/HEATHER
INTERSECTION, NORTH/SOUTH MASHTA & WOODCREST SPEED TABLES
IMPROVEMENTS PROJECT; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE CONTRACT FOR CONSTRUCTION FOR SUCH PROJECT;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN El,'FECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Caplan.
The Manager addressed the Council recommending approval of the Resolution authorizing the
Village Manager to execute an Agreement with Williams Paving Co., Inc. for Traffic Calming at
Femwood/Heather Intersection and Speed Tables for North/South Mashta and Woodcrest Road in
an amount not to exceed $221,089.42. Funding for this project is in the FY 2015 Capital
Improvement Plan.
Building, Zoning and Planning Director Jud Kurlancheek and Sean Compell with Stantec addressed
the Council regarding the traffic calming devices for North/South Mashta Drives.
There was extensive discussion from Council regarding this resolution. The Attorney also addressed
the Council regarding this resolution.
It was the consensus of Council to proceed with Traffic Calming only at Femwood/Heather
Intersection and Woodcrest Road until further action from Council.
The resolution, as amended, was approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, de la Cruz, Holloway, Kelly, London 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 PREPARE A REQUEST FOR
PROPOSALS/QUALIFICATIONS TO RETAIN A FIRM TO PREPARE A FEASIBILITY
STUDY FOR THE BURYING OF OVERHEAD UTILITY LINES WITHIN THE VILLAGE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Item 11A2 was heard at the same time as the above resolution.
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Councilmember de la Cruz made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
Councilmember de la Cruz addressed the Council regarding this resolution. There was extensive
discussion from Council regarding the burying of overhead utility lines.
The Attorney also addressed the Council regarding this resolution.
Councilmember Caplan proposed to amend the first whereas clause by inserting interruption of
service and amend the third whereas clause by inserting pros and cons of burying overhead utility
lines. There was no objection to the proposal.
The resolution, as amended, was approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, de la Cruz, Holloway, Kelly, London and Mayor Lindsay voting Yes.
11. REPORTS AND RECOMMENDATIONS: The following items were discussed:
At this time the Manager's report was heard.
Village Manager. The Manager addressed the Council requesting that the Council authorize the
Village Manager to negotiate the feasibility of installing athletic and court lighting at the Key
Biscayne K-8 School with Miami -Dade County Public Schools.
There was extensive discussion from Council regarding the above issue. It was the consensus of
Council not to take any action at this time until staff contacts the neighbors to see if they agree to the
above project.
The Manager also addressed the Council requesting a motion to accept the Transit Mobility Study.
Mayor Lindsay made a motion to accept the Transit Mobility Study prepared by the Corradino
Group. The motion was seconded by Councilmember London and approved by a 5-0 voice vote.
The vote was as follows: Councilmembers Caplan, Holloway, Kelly, London and Mayor Lindsay
voting Yes. Councilmember de la Cruz was out of the room at the time the vote was taken.
At this time the Manager and Councilmember Caplan gave an update on the purchase of the Police
parking lot. The Attorney also addressed the Council regarding the purchase of the Police parking
lot.
There was extensive discussion from Council regarding the purchase of the Police Parking Lot.
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The Manager addressed the Council giving an update on the live streaming and Council Chamber
renovations.
Mayor and Councilmembers. The Mayor addressed the Council regarding FPL interruption of
power caused by trees near power lines. The Mayor requested that staff inform residents and take
appropriate action as soon as possible.
Supervisor of Public Works Tony Brown addressed the Council regarding the trimming of trees.
The Mayor addressed the Council requesting a discussion of priority Capital Improvement items and
timeline for next 12/24 months based on the list compiled at the December 1, 2015 Meeting. It was
the consensus of Council to move the K thru 8 School Overcrowding from the 12 month Council
Priorities to the 24 month Council Priorities. The following projects were added to the 12 month
Council Priority list: 530 Crandon, Dog Park, Police Parking Lot, installation of Sidewalks and
Street Lights on all streets within the Village and Parking Garage.
The Council at the next meeting will rank the above mentioned Capital Improvement Projects
The Mayor gave an update on the Marine Stadium Park litigation and Boat Show status.
Councilmember Kelly also addressed the Boat Show issue and how much the Village had
accomplished. Councilmember Caplan also addressed the issue about the Flex Park at the Marine
Stadium..
At this time the Village Attorney's report was heard.
Village Attorney. The Attorney addressed the Council reporting that the Tennis Tournament is
planning to hold a concert on April 1 after the end of the tournament. The Attorney reported that the
Village has a 1995 agreement with Miami -Dade County that the Tennis Center was going to be used
solely for tennis.
Mayor Lindsay made a motion to extend the meeting to 11:05 p.m. The motion was seconded by
Councilmember Kelly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers
Caplan, de la Cruz, Holloway, Kelly, London and Mayor Lindsay voting Yes.
There was extensive discussion from Council regarding the Concert at the Tennis Center.
Councilmember Kelly made a motion to extend the meeting to 11:10 p.m. The motion was seconded
by Councilmember London and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, de la Cruz, Holloway, Kelly, London and Mayor Lindsay voting Yes.
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It was the consensus of Council to direct the Attorney to write a letter to Miami Dade County Mayor
Carlos Gimenez reminding them of the 1995 Agreement.
Mayor Lindsay addressed the Council regarding a program the Police Department has started on
enhanced parking enforcement.
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 11:15 p.m.
Resp ully submitted:
conchita H. Alvarez, MMC
Village Clerk
Approved this 26th day of January , 2016:
it -
Mayri.?na Lindsay
Mayor
IFA PERSONDECIDES 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 TESTIMONYAND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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