HomeMy Public PortalAbout05-13-14 - Regular Council Meeting.tifMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, MAY 13, 2014
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7:10 p.m. Present were Councilmembers Theodore Holloway, Michael E. Kelly,
Mayra Lindsay, Edward London, James S. Taintor, Vice Mayor Michael W. Davey and Mayor
Franklin H. Caplan. Also present were Village Manager John C. Gilbert, Village Clerk Conchita H.
Alvarez and Village Attorney Stephen J. Helfman.
2. INVOCATION: Rabbi Yoel Caroline from Chabad of Key Biscayne, gave an invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: Mayor Caplan expressed his condolences to the
family and many friends of Adair A. Bush and acknowledged that she was a great contributor to this
community; Mayor Caplan also addressed the Council regarding the Rickenbacker Task Force and
also wanted to honor Chief of Police Charles Press who on Thursday will be appointed as the next
President of the Miami -Dade Police Association; Councilmember Kelly also congratulated Chief
Press on his eloquent statements regarding the tragedy on the Mashta Flats; Councilmember
Holloway reminded the Council and the public that the 4th of July Barbeque will be held on
Saturday, June 7th and tickets can be purchased at htttp://kb4.org/ and all proceeds will go to the 4th
of July Parade; Mayor Caplan also reported that the first meeting of the new Civic Engagement
Academy occurred last week and it was a great evening. Joan Gill Blank provided a history lesson
and Betty Sime Conroy and Gary Gross provided insight about incorporation which was substantive
and interesting and thanked the KB Community Foundation's efforts for a successful launch.
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5. SPECIAL INTRODUCTION: The Special Presentations by Fausto Gomez and
Representative Jose Javier Rodriguez were deferred to later on the agenda.
Ms. Mari Novo, Director of Operations with the Monica Burguera Foundation addressed the Council
regarding Boat Safety. Vice Mayor Davey addressed the Council and the public regarding boat
safety and how important it is, especially in our Community.
Councilmember London addressed the Council regarding Mr. Scott Sharp and his work with the
Coast Guard. Mr. Sharp has volunteered his time and energy to work with the Coast Guard and the
Village of Key Biscayne.
6. PUBLIC COMMENTS: The following residents addressed the Council: Rosa Sugranes,
685 Harbour Lane; Michele Estevez, 798 Crandon Boulevard; Lois Greenberg, 1121 Crandon
Boulevard; Luis Laredo, 201 Crandon Boulevard; Betty Sime Conroy, 785 Crandon Boulevard; Pat
Woodson, 940 Mariner Drive; Mike and Donna Rice, 325 Redwood Lane; Gary Gross, 211 Island
Drive; Jorge Mendia, 111 Island Drive; Robert Vernon, 475 Ridgewood Road; Karen Beber, 786
Woodcrest; Bobby Savage, 640 Ridgewood Road, read a letter from Clifford Brody, 180 Harbor
Drive; Jackie Kellogg, 115 Sunrise Drive; Mortimer Fried, 291 Harbour Court and Catherine Dowd,
101 Ocean Lane Drive.
7. AGENDA: Councilmember Kelly requested the deferral of Item 11 A 1 and thanked everyone
who took the time to come this evening in support of the purchase of the entry block.
Councilmember Kelly especially thanked all the former elected officials that came this evening in
support of this item; Vice Mayor Davey requested the addition of a discussion regarding BZP policy
with respect to liens on properties as Item 11 A4, also requested the addition of a discussion
regarding an RFP for 530 Crandon Boulevard as Item 11A5 and also requested an update on the
Beach Club property as Item 11A6; Mayor Caplan requested the addition of a resolution supporting
the Pets' Trust Initiatives as Item 10D and also requested the addition of a brief report on the status
of the K-8 as Item 11A7; Councilmember Taintor requested an update of the Emergency Moratorium
for the Mashta Flats as Item 11A8 and also requested a discussion regarding proposed traffic changes
to the Harbor Plaza Shopping Center as Item 11A9 and Councilmember London addressed the
Council regarding Item 10B. There was no objection to the agenda changes.
8. APPROVAL OF MINUTES: Vice Mayor Davey made a motion to approve the minutes
of the April 15, 2014 Workshop on Park uses for 530 Crandon Boulevard. The motion was
seconded by Councilmember Kelly and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor Davey and Mayor Caplan
voting Yes.
Councilmember Kelly made a motion to approve the minutes of the April 22, 2014 Zoning Meeting.
The motion was seconded by Vice Mayor Davey.
Mayor Caplan made an amending motion to page 4 of 5 of the minutes under Mayor and
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Councilmembers to add the following to Chief Press' statement regarding the Mashta Flats: "safety,
nuisance and environmental protection. The motion was seconded by Councilmember Lindsay and
approved by a 7-0 voice vote. The vote was as follows: Councilmembers Holloway, Kelly, Lindsay,
London, Taintor, Vice Mayor Davey and Mayor Caplan voting Yes.
The minutes, as amended, were approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor Davey and Mayor Caplan
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
SOCIAL MEDIA ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Davey made a motion to adopt the ordinance on first reading. The motion was seconded
by Councilmember Kelly.
The Attorney addressed the Council regarding this ordinance and the scope of work of the
Committee.
There was extensive discussion from Council regarding this ordinance.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor Davey and Mayor Caplan
voting Yes.
The Clerk announced the second reading of the ordinance will be on May 27, 2014.
The following ordinance is continued from the March 11, 2014 Council Meeting.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 30-100 "SINGLE-FAMILY AND TWO-FAMILY DISTRICTS" AND SECTION
30-184 "AMOUNT OF REQUIRED OFF-STREET PARKING" OF THE VILLAGE CODE
OF ORDINANCES, IN ORDER TO AMEND DEVELOPMENT STANDARDS FOR
SINGLE-FAMILY AND TWO-FAMILY HOMES; PROVIDING FOR EFFECTIVENESS;
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PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Vice Mayor Davey made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Kelly.
Director of Building, Zoning and Planning addressed the Council regarding this ordinance.
There was extensive discussion from Council regarding this ordinance.
Vice Mayor Davey made an amending motion to leave paragraph 3 on page 8 as it currently is. The
motion was seconded by Councilmember Kelly and approved by a 5-2 roll call. The vote was as
follows: Councilmembers Holloway, Kelly, London, Vice Mayor Davey and Mayor Caplan voting
Yes. Councilmembers Lindsay and Taintor voting No.
The second reading of the ordinance was tabled until after the Special Presentations.
At this time Representative Jose Javier Rodriguez addressed the Council regarding the legislative
session that just ended.
Fausto Gomez with Gomez Barker & Associates, gave a legislative update to the Council.
At this time the discussion regarding the ordinance was heard.
The Mayor opened the public hearing. Wilfredo Borroto, 101 Ocean Lane Drive; Otto
Borroto, 161 Crandon Boulevard; Bob Vernon, 475 Ridgewood Drive and Cecile Sanchez,
260 Cypress Drive addressed the Council. The Mayor closed the public hearing.
At 10:00 p.m. the Manager's report was heard.
Village Manager. The Manager and Director Kurlancheek addressed the Council regarding the
Fernwood Golf Cart and Community Center parking.
At this time, the discussion on the Ordinance continued.
The Attorney will work on the ordinance for second reading that will include the items where the
Council had consensus.
Councilmember London made a motion to continue the second reading of the ordinance to the
Zoning Meeting of May 27, 2014. The motion was seconded by Vice Mayor Davey and approved
by a 5-2 voice vote. The vote was as follows: Councilmembers Holloway, Kelly, London, Vice
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Mayor Davey and Mayor Caplan voting Yes. Councilmembers Lindsay and Taintor voting No.
10. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SELECTING THE PROPOSAL OF GORGEOUS LANDSCAPES AND LAWNS,
INC. TO PROVIDE COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT FOR
SUCH SERVICES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember Lindsay.
Vice Mayor Davey made a motion to table the resolution after the Pets' Trust Initiatives resolution
is heard. The motion was seconded by Councilmember Lindsay and approved by a 7-0 voice vote.
The vote was as follows: Councilmembers Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor
Davey and Mayor Caplan voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, RECOGNIZING THE 2012 VOTE OF THE MIAMI-DADE COUNTY
ELECTORATE SUPPORTING THE PETS' TRUST INITIATIVES FOR FUNDING
ANIMAL SHELTERS, SPAY -NEUTER PROGRAMS AND OTHER ANIMAL WELFARE
PROGRAMS; URGING THE MIAMI-DADE COUNTY COMMISSION TO ACT UPON
SUCH VOTE IN THE CURRENT BUDGET SESSION BY ESTABLISHING FUNDING FOR
AND IMPLEMENTING PETS' TRUST INITIATIVES; AND ENCOURAGING OTHER
MIAMI-DADE COUNTY MUNICIPALITIES TO EXPRESS THEIR SUPPORT FOR PETS'
TRUST INITIATIVES.
Vice Mayor Davey made a motion to approve the resolution. The motion was seconded by Mayor
Caplan.
Mayor Caplan addressed the Council regarding this resolution.
Michael Rosenberg, Miami Founder and President of the Pet's Trust addressed the Council.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers
Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor Davey and Mayor Caplan voting Yes.
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Vice Mayor Davey made a motion to remove the landscape resolution from the table. The motion
was seconded by Councilmember Lindsay and approved by a 7-0 voice vote. The vote was as
follows: Councilmembers Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor Davey and
Mayor Caplan voting Yes.
The Manager and Director Kurlancheek addressed the Council regarding this resolution
recommending approval of the resolution authorizing the Village Manager to execute the agreement
with Gorgeous Landscapes & Lawns, Inc.
Vice Mayor Davey made a motion to extend the meeting to 11:15 p.m. The motion was seconded
by Councilmember Lindsay and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor Davey and Mayor Caplan
voting Yes.
There was extensive discussion from Council regarding this resolution.
Jesus Rodriguez with Gorgeous Landscapes and Lawns, Inc., Miami; Mark Fried, Attorney
representing SFM Services; Christian Infante, Vice -President of SFM; Armando Nunez, 265
Glenridge Road and Bob Vernon, 475 Ridgewood Drive addressed the Council.
The resolution was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers
Holloway, Kelly, London, Taintor, Vice Mayor Davey and Mayor Caplan voting Yes.
Councilmember Lindsay voting No.
The Attorney requested an Executive Session regarding pending litigation. The Clerk will canvass
the Council for a date.
The rest of the agenda that was not heard this evening will be moved to the May 27th Zoning
Meeting.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
12. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
14. ADJOURNMENT: The meeting was adjourned 11:15 p.m.
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Respe ully submitted:
% a/0.44,"
nc tta H. Alvarez, MMC
Village Clerk
Approved this 10th dgy of June 2014:
Franlin H. Caplan
Chairman
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 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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