HomeMy Public PortalAbout04-12-16 - Regular Council Meeting.pdfMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, APRIL 12,2016
COTINCIL 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, Theodore
Holloway, Michael E. Kelly, Vice Mayor Edward London and Mayor Mayra P, Lindsay.
Councilmember Franklin H. Caplan was absent. Also present were Village Manager John C.
Gilbert, Village Clerk Conchita H. Alvarez and Village Attorney Stephen H. Helfrnan.
2. INVOCATION: Pastor Dennis Eastling with the Key Biscayne Community Church gave
an invocation.
3. PLEDGE OF ALLEGIANCE: Councilmember Kelly led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay addressed the Council regarding the
hearing with the City of Miami and the Marine Stadium matter and also expressed condolences, on
behalf of the Council, to the family of Councilmember Caplan.
5. SPECIAL INTRODUCTION: The Manager requested that Item 5A be heard later on the
agenda. There was no objection to the request.
Mr. Enrique Llerena and Mr. Moises Anzawith Marcum LLP presented to the Council the 2015
Comprehensive Annual Financial Report.
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The Manager requested the deferral of the Schwartz Media Strategies presentation.
6. PUBLIC COMMENTS: The following people addressed the Council: Andy Elfrnont, 550
N. Mashta Drive; Carol "Jodie" Breece, Candidate for Circuit Judge; Don Singer,20l GalenDrive;
Monica Alzaga,200 Ocean Lane Drive; Glen Waldman, 240 Woodcrest Road, Chair of the Youth
Athletics Advisory Board; Christian Balbestra, 799 Allendale Road; Paige Latterner, 799 Allendale
Road; Luis E. Gonzalez,765 Crandon Boulevard; Nancy Levitt Davis,250 Cypress Drive; Cecile
Sanchez, 260 Cypress Drive; Gloria Johnson, 269 West Mashta Drive; Susan Joch, 100 Island Drive;
Victoria Ryan Lobo, 200 Ocean Lane Drive; Reverend Dennis Eastling, 355 Glenridge Road; Katie
Petros, 275 Redwood Lane; Claire Amerena London, 736 V/oodcrest Road; Conchita Suarez,20l
Crandon Boulevard; Bill Stephens, 159 East Enid Drive; Jill Stephens, 159 East Enid Drive;
Elizabeth Bello, 155 Ocean Lane Drive and Steve Simon, 335 Harbor Lane.
7. AGENDA: Councilmember Gross requested the addition of a discussion regarding the
multipurpose land project as Item 114; Mayor Lindsay requested the addition of a report regarding
avacant seat on the Youth Athletics Advisory Board as Item 1145; the Village Attorney requested
the addition of an update regarding the Village Green playing fields as Item 11Bl and
Councilmernber de la Cruz requested the addition of a discussion regarding FPL and Mashta as Item
1146. There was no objection to the agenda changes.
8. APPROVAL OF MINUTES: Councilmember Holloway made a motion to approve the
minutes of the March 10,2016,401 Hampton Lane'Workshop. The motion was seconded by Mayor
Lindsay and approved by a 6-0 voice vote. The vote was as follows: Councilmembers delaCruz,
Holloway, Kelly, Vice Mayor London and Mayor Lindsay voting Yes.
Councilmember Holloway made a motion to approve the minutes of the March 15,2016 Zoning
Meeting. The motion was seconded by Councilmember Kelly and approved by a 6-0 voice vote.
The vote was as follows: Councilmembers delaCnlø, Holloway, Kelly, Vice Mayor 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, AMENDING
SECTION 31-1 "PARKS AND RECREATIONAL OPEN SPACE LANDS TRUST FUND'
OF THE VILLAGE CODE OF ORDINANCES; OBLIGATING THE VILLAGE COUNCIL
TO ANNUALLY ALLOCATE AT LEAST ONE PERCENT OF AD VALOREM TAX
REVENUES TO THE PARKS AND RECREATIONAL OPEN SPACE LANDS TRUST
FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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April 12, 2016
Councilmember Kelly made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Holloway.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
There was discussion from Council regarding this ordinance.
Mayor Lindsaymade an amending motion to add the following language: "Except during a financial
emergency, as determined by an affirmative vote of five (5) Members of the Village Council, at least
one percent (1%) of ad valorem taxes which shall be annually allocated by the Village Council for
the PROS Lands Trust Fund. Greater than one percent (l%)may be allocated upon an affirmative
vote of five (5) Members of the Village Council." The motion was seconded by Councilmember
Kelly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la Cruz,
Holloway, Kelly, Vice Mayor London and Mayor Lindsay voting Yes.
The motion to adopt the ordinance, as amended, on first reading was approved by 6-0 roll call vote.
The vote was as follows: Councilmembers dela Cruz, Holloway, Kelly, Vice Mayor London and
Mayor Lindsay voting Yes.
The Clerk announced the second reading of this ordinance for April 26,2016
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA,
PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS FOR APPROVAL
oR DrsAppRovAL, rN ACCORDANCE WITH SECTTON 6.02(Ð(D OF THE VILLAGE
CHARTER, A PROPOSED AMENDMENT TO SECTION 2.050 OF THE VILLAGE
CHARTER, ENTITLED "FILLING OF VACANCIES,'' TO PROVIDE FOR AN
APPOINTMENT PROCESS TO FILL A VACANCY ON THE VILLAGE COUNCIL;
PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION OF THE CHARTER
AMENDMENT TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE
PROPOSED CHARTER AMENDMENT TO BE HELD ON TUESDAY, THE 8TH DAY OF
NOVEMBER" 2016, IN CONJUNCTION \üITH THE GENERAL ELECTION BEING HELD
ON SAID DATE; PROVIDING FOR VOTING AT THE POLLS; PROVIDING FOR
NOTICE OF ELECTION; PROVIDING FOR REQUISITE BALLOT LANGUAGE;
PROVIDING FOR INCLUSION IN THE CHARTER; AND PROVIDING FOR AN
EFFECTIVE DATE.
Councilmember London made amotion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Kelly.
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April 12, 2016
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
There was discussion from Council regarding this ordinance.
The motion to adopt the ordinance on second reading was approved by 6-0 roll call vote. The vote
was as follows: Councilmembers de la Cruz, Holloway, Kelly, Vice Mayor London and Mayor
Lindsay voting Yes.
At this time Item 5A was heard. Mr. Fausto Gomez with Gomez Barker Associates, Inc. addressed
the Council giving a legislative update.
10. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, RECOGNIZING MY BROTHER'S KEEPER COMMUNITY INITIATIVE
PROGRAM; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember London and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers de laCrvz, Holloway, Kelly, Vice Mayor 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, RATIFITING THE VILLAGE MAIIAGER'S APPOINTMENT OF FRANK
ALEXANDER HERNANDEZ AS THE LOCAL HEARING OFFICER AUTHORTZED TO
CONDUCT HEARINGS RELATED TO NOTICES OF VIOLATIONS ISSUED PURSUANT
TO SECTION 316.0083, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTM
DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Holloway.
Chief of Police Charles Press addressed the Council regarding this resolution
There was discussion from Council regarding this resolution.
The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers de la
Crvz, Holloway, Kelly and Vice Mayor London voting Yes. Mayor Lindsay voting No.
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April 12, 2016
1 1. REPORTS AND RE COMMENDATIONS: The following items were discussed:
Ma)¡or and Councilmembers. The following items were discussed:
Councilmember Kelly requested an update on 530 Crandon Boulevard. The Manager and Elvira
Freire-Santamana, ALA, LEED AP with Stantec, addressed the Council giving an update on 530
Crandon Boulevard. It was the consensus of Council to direct staff to send them the drawings prior
to the next meeting, so that they can be ready to take a vote on the preferred option.
Mayor Lindsay addressed the Council regarding the referendum on the Dog Park. There was
extensive discussion from Council regarding the Dog Park referendum. The Council also discussed
the potential of the Village using the PR firm to put together the correct facts on the Dog Park to
disseminate among our residents. It was also the consensus of Council to not stop the work being
done on the creation of the Dog Park, as approved by Council.
Councilmember Holloway addressed the Council regarding the status of the 2014 Green
Committee's recommendations. The Manager addressed the Council regarding the status of the20l4
Green Committee recoÍrmendations.
Councilmember Gross addressed the Council regarding the multipurpose land project. It was the
consensus of Council to place this item on the next agenda. There was discussion from Council
regarding this proposed project.
Mayor Lindsay addressed the Council regarding a vacancy in the Youth Athletic Advisory Board
requesting that Councilmembers submit names to the Clerk of residents that would be interested in
serving in this Committee.
Councilmember de la Cruz addressed the Council regarding the problems with FPL on Mashta and
Village wide. There was extensive discussion from Council regarding this issue. The Manager was
directed to obtain the list of underground utility contractors.
Village Attorney. At this time the Attorney requested, on behalf of Special Counsel, to schedule an
Executive Session for Tuesday, April 26,2076 at 6:00 p.m.
At this time the Mayor announced that the City of Miami advised today that Mr. Michael Davey
cannot serve on the Virginia Key Advisory Board because he is running for office, requesting that
the Council make recommendations for a replacement.
The Attomey addressed the Council regarding the state of the playing fields and the pending lawsuit.
There was extensive discussion from Council regarding this issue.
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April 12, 2016
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager addressed the Council giving a six month update on the approved
Capital Improvement Plan. The Council addressed the CIP Plan and requested that time lines be
included. The Manager reported that the reviewed CIP will be brought back before Council at the
Apnl 26th Council Meeting.
The Manager also addressed the Council regarding the Village Hall Parking lot RFP. It is
recommended that the Village Council review the draft Request for Proposals (RFP) for Design
Build Services to construct a parking garage behind Village Hall. There was extensive discussion
from Council regarding this project.
At this time Item llD4 was heard. The Manager introduced former Councilmember Cliff Brody,
180 Harbor Drive, who gave an update on the Key Ride service and proposed other methods to make
the service available to all residents and also to expand the fleet. There was extensive discussion
from Council regarding this service.
At this time Item 11D3 was heard. The Manager gave a status update on the RFQ for Underground
Utilities. It is recommended that the Village Council authorize the Village Manager to negotiate and
draft a professional services agreement with The Wantman Group, Inc. to conduct a Feasibility Study
that assesses the viability of relocating the overhead utilities to underground services for a total
amount not to exceed $75,000.
Paul Abbott addressed the Council regarding the above subject.
Councilmember London made a motion to extend the meeting to 11:05 p.m. The motion was
seconded by Councilmember dela Cruz and approved by a ó-0 voice vote. The vote was as follows:
Councilmembers de laCrrlø, Holloway, Kelly, Vice Mayor London and Mayor Lindsay voting Yes.
Councilmember London made a motion to instruct the Manager to enter into an agreement with the
'Wantman Group, lnc. to conduct a Feasibility Study that assesses the viability of relocating the
overhead utilities to underground services for a total amount not to exceed $75,000 and to waive
competitive bidding. The motion was seconded by Councilmember de la Cruz and approved by a
6-0 voice vote. The vote was as follows: Councilmembers de laCruz, Holloway, Kelly, Vice Mayor
London and Mayor Lindsay voting Yes.
The Manager also updated the Council on the RFQ for Professional Engineering Services
Paul Abbott also addressed the Council regarding the construction around the Community
Center.
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April 12, 2016
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 adjoumed at 11:05 p.m.
submítted:
H, Alvørez, MMC
Víllage Clerk
Approved thís 26th day of April . 2016:
ì t.:t ,,:/
Mayra
Møyor
IF A'PENSON DECIDES TO APPEAL ANY DECISION MADE BY THE WLI./IGE COUNCIL
WITH RESPECT TO AIW MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON I,T/LL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE,I|/HICH RECORD INCLUDES THE TESTIMONY AND EWDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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