HomeMy Public PortalAbout12-01-15 - Regular Council Meeting.tifMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, DECEMBER 1, 2015
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The Mayor called the meeting to
order at 7:06 p.m. Present were Councilmembers Franklin H. Caplan, Luis de la Cruz, Theodore
Holloway, Michael E. Kelly, Edward London, Vice Mayor James S. Taintor and Mayor Mayra
Lindsay. Also present were Village Manager John C. Gilbert, Village Clerk Conchita H. Alvarez
and Village Attorney Stephen J. Helfman.
2. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay addressed the Council and the
public inviting everyone to attend the USACE Public Meeting tomorrow at 6:00 p.m.
3. SPECIAL PRESENTATION: Mayor Lindsay recognized the following Mayor and
Councilmembers present: Mayor Robert Vernon, Councilmembers Michele Estevez, Betty Sime
Conroy, Mortimer Fried, Raul Llorente, Jorge Mendia, Alan Fein and Michael Davey. Mayor
Lindsay, pursuant to the Charter, addressed the Council and the public giving the State of the Village
Address. The Mayor reported that the State of the Village is excellent.
4. PUBLIC COMMENTS: The following residents addressed the Council: Alan Fein, 525
Allendale Road; Michele Estevez, 798 Crandon Boulevard; Betty Sime Conroy, 795 Crandon
Boulevard; Michael Davey, 50 Ocean Lane Drive and Maly Jo Pinedo, 365 Atlantic Road.
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5. AGENDA: The Clerk, on behalf of Councilmember Kelly, requested the addition of an
update on the process to purchase the police parking lot as Item 10D2; Councilmember de la Cruz
requested the addition of a status of the Village Green fields as Item I OAl; the Attorney requested
the addition of a request for an Executive Session as Item 10B1 and the Manager requested the
addition of an update on the Dog Park as Item 10D3. There was no objection to the agenda changes.
6. APPROVAL OF MINUTES: Councilmember Caplan made a motion to approve the
minutes of the November 10, 2015 Regular Council Meeting. The motion was seconded by
Councilmember de la Cruz and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, de la Cruz, Holloway, London, Vice Mayor Taintor and Mayor Lindsay
voting Yes.
Councilmember Caplan made a motion to approve the minutes of the November 17, 2015 Zoning
Meeting. The motion was seconded by Councilmember de la Cruz.
Councilmember Caplan pointed out that on page 2 of 3 on the paragraph before last and the previous
paragraph should reflect Mayor Lindsay and not Mayor Caplan.
The minutes, as amended, were approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, de la Cruz, Holloway, London, Vice Mayor Taintor and Mayor Lindsay
voting Yes.
7. ORDINANCES: There were no ordinances considered by Council.
8. RESOLUTIONS: 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 DOCK AND MARINE
CONSTRUCTION CORPORATION FOR THE INSTALLATION OF TEN UNIFORM
WATERWAY MARKERS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Councilmember Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember de la Cruz.
The Manager addressed the Council recommending that the Council authorize the Village Manager
to enter into an agreement with Dock and Marine Construction for the installation of ten (10)
uniform waterway markers.
There was extensive discussion from Council regarding this resolution. The Attorney also addressed
the Council regarding this resolution.
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The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan,
de la Cruz, Holloway, Kelly, London, Vice Mayor Taintor 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, AMENDING THE AGREEMENT WITH EAC CONSULTING, INC. FOR
ENGINEERING SERVICES TO INCLUDE TASK 2 OF THE STORMWATER
IMPROVEMENT IMPLEMENTATION PLAN; 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 approval of the resolution amending the
agreement with EAC Consulting, Inc. for Engineering services to include Task 2 of the Stormwater
Improvement Plan in an amount not to exceed $91,114.58.
Mark Kuntz with EAC Consulting, Inc. addressed the Council.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan,
de la Cruz, Holloway, Kelly, London, Vice Mayor Taintor 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, SELECTING BIS DIGITAL, INC. FOR
THE PURCHASE AND INSTALLATION OF THE AUDIO VISUAL EQUIPMENT
UPGRADE FOR THE CHANNEL 77 STUDIO AND VILLAGE COUNCIL CHAMBER;
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 to select BIS Digital for the purchase and
installation of audio visual equipment for the Council Chamber and Channel 77 studio in an amount
not to exceed $141,272.60.
Mike Fleming, IT Administrator for the Village addressed the Council.
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There was extensive discussion from Council regarding this resolution.
The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Caplan,
de la Cruz, Holloway, Kelly, Vice Mayor Taintor and Mayor Lindsay voting Yes. Councilmember
London voting No.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING AND CONSENTING TO THE ASSIGNMENT OF THE
EXISTING SOLID WASTE AGREEMENT WITH SOUTHERN WASTE SYSTEMS, LLC
TO WASTE MANAGEMENT INC. OF FLORIDA; PROVIDING FOR AUTHORIZATION
AND IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Holloway.
The Manager addressed the Council recommending approval of the resolution approving and
consenting to the Assignment of the existing Solid Waste Agreement with Southem Waste Systems,
LC to Waste Management Inc. of Florida.
Mr. John Casagrande with Southern Waste Systems and Mr. Henry Sori with Waste
Management addressed the Council.
There was extensive discussion from Council regarding this resolution.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan,
de la Cruz, Holloway, Kelly, London, Vice Mayor Taintor and Mayor Lindsay voting Yes.
9. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember de la Cruz addressed the Council regarding the status
of the Village Green.
Parks and Recreation Director Todd Hofferberth addressed the Council regarding the above issue.
The Village Attorney also addressed the Council regarding the status of the Village Green.
Village Attorney. The Attorney, on behalf of Special Counsel for the Village, requested an
Executive Session regarding pending litigation with City of Miami and NMMA. The Clerk will
canvass the Council to agree on a date for this Executive Session.
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Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager addressed the Council regarding a unanimous recommendation by
the Land Acquisition Committee to purchase 401 Hampton Lane as a passive neighborhood park.
The Manager reported to Council that he had reviewed the Assignment and Assumption Agreement
and agrees with the Committee's recommendation for the purchase of this property as a passive
neighborhood park.
There was extensive discussion from Council regarding the purchase of this property.
Scott Hardie, 155 Sunrise Drive; Dr. Steve Simon, 355 Harbor Lane and Patricia Romano,
361 Beechwood on behalf of the Land Acquisition Committee addressed the Council.
The Attorney addressed the Council regarding the use of this property.
Councilmember Kelly made a motion to approve the Assignment and Assumption Agreement for
the purchase of 401 Hampton Lane. The motion was seconded by Councilmember Holloway and
approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, de la Cruz,
Holloway, Kelly, London, Vice Mayor Taintor and Mayor Lindsay voting Yes.
The Manager addressed the Council giving an update on the acquisition of the Police parking lot.
There was extensive discussion from Council regarding this property.
The Manager also addressed the Council giving an update on the Dog Park. The Attorney addressed
the Council regarding the bidding process for the Dog Park.
There was extensive discussion from Council regarding the bidding process for the Dog Park. The
Attorney also addressed the Council regarding the bidding process.
Tony Brown, Public Works Supervisor and Jud Kurlancheek, Building, Zoning and Planning
Director addressed the Council.
10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
11. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings/events
was presented to the Council.
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13. ADJOURNMENT: The meeting was adjourned at 9:05 p.m.
RespePtfully submitter':
ita H. Alvarez, MMC
Village Clerk
Approved this 12th day
day of January , 2016:
Mayra a Lindsay
Mayor
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANYMATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGSAND, 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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