HomeMy Public PortalAbout10-13-15 - Regular Council Meeting.tifMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 13, 2015
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, Michael E. Kelly, Edward
London, James S. Taintor, Vice Mayor Franklin H. Caplan and Mayor Mayra Lindsay.
Councilmember Theodore Holloway was absent. Also present were Village Manager John C.
Gilbert, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman.
2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church, gave an
invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Lindsay led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: The Mayor announced that Taste of Paradise has
kicked off urging all residents to participate and also thanked Councilmember Kelly, who will be
a speaker at the Homeowner's Association; the Mayor also gave a brief update on the Marine
Stadium Park litigation.
5. SPECIAL INTRODUCTION: The Manager introduced Mr. Art Yerian to the Council.
Bill Baggs Park Manager Art Yerian presented to the Council a $50,000 grant on behalf of the
Florida Department of Environmental Protection for a FRDAP Grant to be used to improve the
Village Green.
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6. PUBLIC COMMENTS: The following residents addressed the Council: Kristen Guess,
on behalf of Brett Moss, 731 Crandon Boulevard; Martin Margulis, 445 Grand Bay Drive; Robert
Knecht, 1121 Crandon Boulevard; Krista DeCastro, 115 East Enid Drive; Anna Dick, 151 Crandon
Boulevard and Julie Dick, 151 Crandon Boulevard.
7. AGENDA: Mayor Lindsay requested the addition of a discussion regarding the 2016
Legislative Priorities as Item 11A9; Councilmember Kelly requested to change the language in Item
11A5 to say "discussion" instead of "Motion" and the Manager requested the withdrawal of Item
10C. There was no objection to the agenda changes.
8. APPROVAL OF MINUTES: Vice Mayor Caplan made a motion to approve the minutes
of the September 23, 2014 Second Budget Hearing. The motion was seconded by Councilmember
Kelly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la Cruz,
Kelly, London, Taintor, Vice Mayor Caplan and Mayor Lindsay voting Yes.
Councilmember Kelly made a motion to approve the minutes of the September 18, 2015 Special
Council Meeting. The motion was seconded by Vice Mayor Caplan and approved by a 6-0 voice
vote. The vote was as follows: Councihnembers de la Cruz, Kelly, London, Taintor, Vice Mayor
Caplan and Mayor Lindsay voting Yes.
Councilmember Kelly made a motion to approve the minutes of the September 21, 2015 Second
Budget Hearing. The motion was seconded by Vice Mayor Caplan and approved by a 6-0 voice
vote. The vote was as follows: Councilmembers de la Cruz, Kelly, London, Taintor, Vice Mayor
Caplan and Mayor Lindsay voting Yes.
Councilmember Kelly made a motion to approve the minutes of the September 28, 2015
Continuation of the Second Budget Hearing. The motion was seconded by Vice Mayor Caplan and
approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la Cruz, Kelly, London,
Taintor, Vice Mayor Caplan and Mayor Lindsay voting Yes.
9. ORDINANCES: There were no ordinances considered by Council.
10. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA SUPPORTING THE
CREATION OF THE SOUTH FLORIDA MAYORS' BEACH ALLIANCE; DIRECTING
THE VILLAGE CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY AND ALL THE
MEMBER MUNICIPALITIES OF THE SOUTH FLORIDA MAYORS' BEACH
ALLIANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
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Councihnember Kelly made a motion to approve the resolution. The motion was seconded by Vice
Mayor Caplan.
Mayor Lindsay addressed the Council regarding this resolution. There was discussion from Council
regarding this resolution.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la
Cruz, Kelly, London, Taintor, 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, ADOPTING AN ENVIRONMENTALLY PREFERABLE PURCHASING
PROGRAM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by Vice
Mayor Caplan.
The Manager addressed the Council recommending approval of this resolution.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers de la
Cruz, Kelly, London, Taintor, Vice Mayor Caplan and Mayor Lindsay voting Yes.
11. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councihnembers. The Mayor, with consensus of Council, appointed Alejandra Parapar
to the Dog Park Committee.
Councilmember Kelly addressed the Council regarding the shortage of parking spaces within the
Village. There was discussion from Council regarding this issue.
Councilmember Kelly made a motion to direct the Manager to move forward with efforts to acquire
by voluntary conveyance or purchase the Police Parking lot from Miami -Dade County by December
2015. The motion was seconded by Councilmember London and approved by a 6-0 roll call vote.
The vote was as follows: Councilmembers de la Cruz, Kelly, London, Taintor, Vice Mayor Caplan
and Mayor Lindsay voting Yes.
Councilmember Kelly made a motion to direct the Manager to begin the process for the design/build
of a new parking garage at the Police Station Parking lot. The motion was seconded by
Councilmember London.
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There was extensive discussion from Council on this issue. Building Zoning and Planning Director
Jud Kurlancheek addressed the Council regarding the amount of parking spaces needed.
The Attorney also addressed the Council regarding the parking garage.
The Kelly motion was approved by a 5-1 voice vote. The vote was as follows: Councilmembers de
la Cruz, Kelly, London, Taintor and Vice Mayor Caplan voting Yes. Mayor Lindsay voting No.
Councilmember Kelly addressed the Council regarding a Community Center Ride Service. The
Attomey addressed the Council on providing this service reporting that he will look into it and report
back to Council.
Councilmember Kelly discussed to potentially remove and replace Special Counsel concerning the
City of Miami Boat Show issue. There was extensive discussion from Council regarding this issue.
It was the consensus of Council to keep the Special Counsel the Village has currently retained.
Mayor Lindsay addressed the Council proposing to create a Water and Boat Safety Committee. It
was the consensus of Council to direct the Attorney to draft legislation to create this Committee.
Chief of Police Charles Press also addressed the Council regarding the noise created by boats on
Mashta Flats.
Councilmember de la Cruz addressed the Council regarding potential public/private/Village/School
Board Partnership for the construction of a new Community School Building. There was extensive
discussion from Council regarding this issue. It was the consensus of Council to appoint
Councilmember London to work with the School Board and appoint Vice Mayor Caplan to work
with the School Professional Administrators towards this goal.
Councilmember de la Cruz also addressed the Council regarding moving forward with a study of
potential pros and cons of burying power lines. The Manager addressed the Council regarding this
item.
Mayor Lindsay addressed the Council regarding proposed 2016 legislative priorities. It was
consensus of Council to have a resolution with proposed 2016 Legislative priorities at the next
meeting.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
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Village Manager. The Manager addressed the Council recommending that the Council determine
if the "Ghost Swamp" Artwork should be purchased at a price of $9,100.00.
There was extensive discussion from Council regarding the purchase of the above mentioned
Artwork. Director Kurlancheek also addressed the Council regarding this piece of Artwork.
Vice Mayor Caplan made a motion to purchase the "Ghost Swamp" Artwork at a price of $9,100.00.
The motion was seconded by Councilmember London and failed by a 3-3 voice vote. The vote was
as follows: Councilmembers London, Vice Mayor Caplan and Mayor Lindsay voting Yes.
Councilmembers de la Cruz, Kelly and Taintor voting No.
At this time the Attomey addressed the Council regarding the noise ordinance as it relates to boats
and the direction previously given was to look into the noise of the motors on the boats. It was the
consensus of Council to direct the Attorney to look into the noise coming from boom boxes on boats
that are a nuisance to the Village residents.
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 9:35 p.m.
Res' c+ lly submitted:
021/(6-,
one ita H. Alvarez, MMC
Village Clerk
Approved this loth day of November, 2015:
0/i n
Mayoa Lindsay
Mayor
5 ol.h
October 13, 2015
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TOANYMATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILT 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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