HomeMy Public PortalAbout10-14-14 - Regular Council Meeting.tifMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 14, 2014
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7:00 p.m. Present were Councilmembers Theodore Holloway, Michael E. Kelly, Mayra
Pena Lindsay, Edward London, James S. Taintor, Vice Mayor Michael W. Davey and Mayor
Franklin H. Caplan. Also present were Village Manager John C. Gilbert, Deputy Village Clerk
Jennifer Duque and Village Attorney Stephen J. Helfman.
2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church, gave an
invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: Mayor Caplan informed the Council that he will
be attending a meeting tomorrow at Pinecrest Gardens-CLEO Institute at 11:00 a.m with five
municipal Mayors and others regarding climate change and sea level rise; Mayor Caplan offered to
conduct a follow-up Town Hall meeting, if desired, in regards to registration for the Cambridge
Program at the MAST Academy.
5. SPECIAL INTRODUCTION: There were no special introductions heard by Council.
1 of 9
October 14, 2014
6. AGENDA: Mayor Caplan requested the addition of a special presentation by Mr. Frank
Pena regarding an upcoming ballot question and to hear Item 11C immediately after Item 6; Mayor
Caplan also requested to defer Item 12A3 to the October 28, 2014 Zoning meeting; Councilmember
Taintor requested to remove Item 9A and 9B from the Consent Agenda and also requested the
addition of a discussion item regarding a Zoning hearing at Crandon Park as Item 12A4; Mayor
Caplan also requested the addition of a discussion item regarding Section 19.9 of the Village Code
dealing with domestic animals as Item 12A5; Vice Mayor Davey requested the addition of a
discussion item regarding Bike Key Biscayne as Item 12A6; Councilmember Holloway requested
the addition of a discussion item regarding an ordinance relating to banning Styrofoam and also
requested the addition of a discussion item regarding an appointment needed to the Social Media
Committee. There were no objections to the agenda changes.
At this time, Mayor Caplan introduced Mr. Frank Pena, President of the Florida International
University Alumni, which addressed the Council regarding a Miami -Dade County referendum ballot
question to expand the grounds for the Florida International University.
7. APPROVAL OF MINUTES: Councilmember Lindsay made a motion to approve the
minutes of the August 26, 2014 Regular Council Meeting. The motion was seconded by Mayor
Caplan 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.
8. PUBLIC COMMENTS: The following residents addressed the Council: Joann Young, 600
Harbor Drive; James Vallord Costa, 350 Grapetree Drive; Carmen Sagehien, 789 Crandon Boulevard
and Michael de Filippi, 410 Euclid Avenue.
9. CONSENT AGENDA: There were no items considered by Council.
At this time, Item 11C was heard.
The Deputy Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING AN EDUCATION COMPACT WITH MIAMI-DADE COUNTY
PUBLIC SCHOOLS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
The Manager addressed the Council regarding this resolution and introduced Mr. Brett Moss, Chair
of the Key Biscayne Education Advisory Board, Ms. Iraida Mendez-Cartaya, Assistant
2 of 9
October 14, 2014
Superintendent Office of Intergovernmental Affairs, Grants Administration and Community
Engagement for Miami -Dade County Public Schools and Ms. Lubby Navarro, Office of
Intergovernmental Affairs, Grants Administration and Community Engagement for Miami -Dade
County Public Schools
Mr. Brett Moss addressed the Council regarding the approval of the proposed Education
Compact with Miami -Dade County Public Schools.
Ms. Iraida Mendez-Cartaya addressed the Council regarding the proposed Education
Compact with Miami -Dade County Public Schools.
Ms. Lubby Navarro also addressed the Council regarding the proposed Education Compact
with Miami -Dade County Public Schools.
Mayor Caplan addressed the Council regarding making reference to the updated Census population
data within the Education Compact; additionally, within paragraph 3 of page 1 to include the MAST
Academy and to add language regarding sustained high academic achievement within paragraph 4
of page 1 of the Education Compact.
There was extensive from Council regarding monitoring residency at the Key Biscayne K-8 Center.
The resolution, as amended, was approved 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.
10. ORDINANCES:The Deputy Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE
GREEN IMPLEMENTATION AND ADVISORY BOARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Caplan made a motion to adopt the ordinance on first reading. The motion was seconded by
Councilmember Kelly.
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 first reading, was approved by a 7-0 roll call vote. The vote
3 of 9
October 14, 2014
was as follows: Councilmembers Holloway, Kelly, Lindsay, London, Taintor, Vice Mayor Davey
and Mayor Caplan voting Yes.
The Deputy Clerk announced the second reading of the ordinance will be on October 28, 2014.
11. RESOLUTIONS: The Deputy Clerk read the following resolution by title:
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, AUTHORIZING THE PURCHASE AND
SUSTAINMENT OF EQUIPMENT AND TRAINING FROM THE 2013 URBAN AREAS
SECURITY INITIATIVE PROGRAM; APPROVING THE INTERLOCAL AGREEMENT
FOR JOINT COMPLETION OF AN URBAN AREAS SECURITY INITIATIVE PROGRAM
BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE FOR THE
PURPOSE OF CARRYING OUT FY2013 URBAN AREAS SECURITY INITIATIVE
PROGRAM OBJECTIVES; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
Councilmember Taintor addressed the Chief of Fire Rescue Eric Lang regarding this resolution.
The Chief of Fire Rescue addressed the Council regarding this resolution.
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.
The Deputy 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 PURCHASE OF
AUTOMATED EXTERNAL DEFIBRILLATORS (AED) FROM ONE BEAT CPR
LEARNING CENTER, INC., AT A COST NOT TO EXCEED $85,000; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Lindsay.
The Chief of Fire Rescue addressed the Council regarding this resolution.
There was extensive discussion from Council regarding the placement of the AEDs.
4 of 9
October 14, 2014
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.
The Deputy 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 H & J
ASPHALT, INC. FOR PAVEMENT REHABILITATION OF STREETS EAST OF
CRANDON BOULEVARD; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
THE CONTRACT FOR SUCH PROJECT; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Lindsay.
There was extensive discussion from Council regarding this resolution.
The Manager and the Superintendent of Public Works Tony Brown addressed the Council regarding
this resolution.
It was the consensus of Council to direct the Manager to explore a more aesthetically pleasing traffic
calming device and removing this item from the bid.
The resolution, as amended, 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.
The Deputy 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 PROPOSAL OF
LAYNE INLINER, LLC FOR REPAIR AND RELINING OF STORMWATER FACILITIES
ON OCEAN LANE DRIVE; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING;
AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT FOR THE
WORK; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Caplan made a motion to approve the resolution. The motion was seconded by Vice Mayor
Davey.
The Manager addressed the Council regarding this resolution.
5 of 9
October 14, 2014
There was extensive discussion from Council regarding this resolution.
The resolution was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers
Holloway, Kelly, Lindsay, Taintor and Mayor Caplan voting Yes. Councilmember London and Vice
Mayor Davey voting No.
12. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Lindsay addressed the Council regarding the Village
policy on employee leave.
It was the consensus of Council to direct the Manager to bring back a draft Village policy on
employee long term disability for Council consideration.
The Attorney addressed the Council regarding this issue.
There was extensive discussion from Council regarding this issue.
The Mayor addressed the Council regarding an appointment to the Education Advisory Board. The
Mayor, with consensus of Council, appointed Allison McCormick.
Councilmember Taintor addressed the Council regarding a Zoning Hearing involving Crandon Park.
The Attorney addressed the Council regarding the Zoning Hearing involving Crandon Park.
The Mayor addressed the Council regarding Section 19.9 of the Village Code dealing with domestic
animals.
It was the consensus of Council to discuss this issue at the October 28, 2014 Zoning meeting.
The Attorney addressed the Council regarding this issue.
Vice Mayor Davey addressed the Council regarding Bike Key Biscayne.
Councilmember Lindsay and the Manager also addressed the Council regarding Bike Key Biscayne.
The Director of Parks and Recreation Todd Hofferberth addressed the Council regarding this issue.
There was extensive discussion from Council regarding this issue.
Councilmember Holloway addressed the Council regarding an ordinance in reference to banning
6 of 9
October 14, 2014
styrofoam.
There was extensive discussion from Council regarding this issue.
It was the consensus of Council to direct the Manager to bring back an ordinance for first reading
relating to banning styrofoam for Council consideration.
Councilmember Holloway addressed the Council regarding a needed appointment to the Social
Media Committee. Mayor Caplan appointed Michael Alessandro, with the consensus of Council, to
the Social Media Committee.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager and Attorney addressed the Council regarding a motion to authorize
the Manager to issue the request for qualifications for the Villagewide mobility plan.
Councilmember London addressed the Council regarding this motion.
There was extensive discussion from Council regarding this issue.
Councilmember Kelly made a motion to authorize the Manager to issue a request for qualifications
for the Villagewide mobility plan. The motion was seconded by Councilmember Lindsay and failed
by a 2-5 roll call vote. The vote was as follows: Councilmember Holloway and Mayor Caplan voting
Yes. Councilmembers Kelly, Lindsay, Taintor, London and Vice Mayor Davey voting No.
The Manager addressed the Council regarding a motion to authorize the Manager to proceed with
a plan to address the Village Green north pavilion.
Vice Mayor Davey made a motion to authorize the Manager to proceed to donate and/or demolish
the Village Green north pavilion. 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 addressed the Council regarding a motion to authorize the Manager to issue the request
for qualifications for the stormwater improvement implementation plan for professional services.
Vice Mayor Davey made a motion to authorize the Manager to issue the request for qualifications
for the stormwater improvement implementation plan for professional services. 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
7of9
October 14, 2014
voting Yes.
The Manager and the Director of Parks and Recreation addressed the Council regarding a motion
to authorize the Manager to issue a request for proposals for the recreation center second level
expansion.
Vice Mayor Davey made a motion to authorize the Manager to issue a request for proposals for the
recreation center second level expansion. 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.
The Manager and the Director of Building, Zoning, Planning and Public Works Jud Kurlancheek
addressed the Council regarding the draft ordinance relating to boat trailers.
There was discussion by Council regarding the draft ordinance relating to boat trailers.
It was the consensus of Council to revise section 2 of the draft ordinance to state any occupant and
limiting the length of the boat to 32 feet. Additionally directed the Manager to bring back the
ordinance for first reading at the October 28, 2014 Zoning meeting.
The Manager addressed the Council regarding family recognition recommendations.
At this time, the Attorney addressed the Council regarding the need for an executive session
regarding entry block litigation.
It was the consensus of Council to direct the Clerk to caucus the Council for the soonest available
date and time to schedule the executive session.
13. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
14. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
15. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
16. ADJOURNMENT: The meeting was adjourned at 10:29 p.m.
8of9
October 14, 2014
Respectfully submitted:
4 aem-A.-
Jennifer Duque
Chief of Staff/Deputy Village Clerk
Approved this 24th day of February 2015:
Il
��
Mayoa en"h Lindsay
Mayor
. ; r),1,)
n
IFA PERSON DECIDES 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 TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
9 of 9