HomeMy Public PortalAbout11-18-14 - Regular Council Meeting.tifMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBER 18, 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 Franklin H. Caplan, Luis F. de la Cruz,
Theodore Holloway (arrived at 7:10 p.m.), Michael E. Kelly, Edward London, James S. Taintor and
Mayor Mayra P. Lindsay. Also present were Village Manager John C. Gilbert, Deputy Village Clerk
Jennifer Duque and Village Attorney Chad Friedman.
2. INVOCATION: There was no invocation provided.
3. PLEDGE OF ALLEGIANCE: Mayor Lindsay led the Pledge of Allegiance.
4. BRIEF COMMENTS BY COUNCIL: Mayor Lindsay expressed her gratitude to everyone
involved in the Installation Ceremony and it was a wonderful event; Mayor Lindsay also welcomed
the newly elected Councilmember De la Cruz and congratulated the reelected Councilmembers
Caplan and Taintor; Councilmember Taintor thanked the residents of Key Biscayne for voting in the
recent election; Councilmember Taintor also addressed Council regarding his attendance at the
Winter Concert Series and encourages residents to attend; Mayor Lindsay thanked the Parks Director
and Village Staff for hosting such a successful Winter Concert Series.
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November 18, 2014
5. SPECIAL INTRODUCTION: The Manager and Todd Hofferberth introduced Phillip
Downs, Ph.D. from Kerr & Downs Research, who gave a presentation to Council regarding their
public opinion/needs assessment surveying service proposal. There was extensive discussion from
Council regarding the Kerr & Downs Research surveying services proposal.
The Manager introduced Chris Tathem from ETC Institute, who gave a presentation, via telephonic
conference, to Council regarding their public opinion/needs assessment surveying service proposal.
There was extensive discussion from Council regarding the ETC Institute surveying services
proposal.
At this time, the Manager moved Item 5B as Item 12D2.
The Manager and the Chief of Police Charles R. Press addressed the Council by introducing Frank
Aira, Chief, Traffic Signals and Signs Division at Miami -Dade County Public Works, who provided
a status update on traffic signalization issues. There was extensive discussion from Council
regarding this status update.
6. AGENDA: The Manager requested to move Item 12D1 after Item 6; Councilmember Kelly
requested the addition of a discussion item regarding the status of the Consultatio final Certificate
of Occupancy as Item 12A4, also requested the addition of a discussion item regarding parks and
open space deficiency as Item 12A5 and also requested the addition of a discussion regarding new
signage as Item 12A6; Councilmember Holloway requested the addition of a discussion item
regarding traffic light options. There were no objections to the agenda changes.
At this time Item 12D 1 was heard.
The Manager addressed the Council regarding the selection of a needs assessment surveying service
proposal.
Councilmember Kelly made a motion to select ETC Institute. The motion was seconded by
Councilmember London.
There was extensive discussion from Council regarding the selection of the needs assessment
surveying services proposals.
The motion was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan,
De la Cruz, Holloway, Kelly, London, Taintor and Mayor Lindsay voting Yes
7. APPROVAL OF MINUTES: Councilmember Kelly made a motion to approve the minutes
of the September 2, 2014 Regular Council Meeting. 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, Taintor and Mayor Lindsay voting Yes.
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November 18, 2014
Councilmember Kelly made a motion to approve the minutes of the September 23, 2014 Special
Council Meeting. The motion was seconded by Councilmember London and approved by a 7-0 voice
vote. The vote was as follows: Councilmembers Caplan, De la Cruz, Holloway, Kelly, London,
Taintor and Mayor Lindsay voting Yes.
8. PUBLIC COMMENTS: The following residents addressed the Council: Antonio Camejo,
151 Crandon Boulevard and Jorge Cavelier, 151 Crandon Boulevard.
9. CONSENT AGENDA: There were no items considered by Council.
10. ORDINANCES: There were no ordinances considered by Council.
11. RESOLUTIONS: The Deputy Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND SECTION 403.7033,
FLORIDA STATUTES TO ALLOW FOR THE REGULATION OF PLASTIC BAGS USED
BY RETAIL ESTABLISHMENTS, OR IN THE ALTERNATIVE TO REPEAL THE BAN
ON LOCAL AND STATE REGULATION OF THE USE OF PLASTIC BAGS; PROVIDING
FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
Mr. Fausto Gomez from Gomez Barker Associates, Inc. addressed the Council regarding this
resolution.
There was discussion from Council regarding this resolution.
Councilmember Holloway addressed the Council regarding this resolution.
Councilmember Caplan requested to amend Section 3 of this resolution by replacing the word
"authorized" with "directed".
The resolution, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Caplan, De la Cruz, Holloway, Kelly, London, Taintor and Mayor Lindsay voting
Yes.
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November 18, 2014
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
HORSEPOWER ELECTRIC INC. FOR THE HARBOR DRIVE LIGHTING
IMPROVEMENTS PROJECT; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE CONTRACT FOR SUCH PROJECT; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember London made a motion to approve the resolution. The motion was seconded by
Councilmember Holloway.
The Manager and Director of Building, Zoning, Planning and Public Works Jud Kurlancheek
addressed the Council recommending approval of the resolution authorizing the Village Manager
to execute a contract with Horsepower Electric, Inc. for the Harbor Drive lighting improvements
project.
There was extensive discussion from Council regarding this resolution.
The Manager addressed the Council recommending deferring this resolution.
It was the consensus of Council to direct staff to bring back for Council consideration, pricing and
the expected lamp life -cycle for an LED lighting component to phases 3 and 4 of the project.
Additionally, to provide pricing for retrofitting phases 1 and 2 of the project.
12. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Taintor addressed the Council regarding the Village
Clerk's status.
Councilmember Taintor addressed the Council regarding swimming pools in front yards. There was
extensive discussion from Council regarding swimming pools in front yards. Director Kurlancheek
addressed the Council regarding amending the zoning and land development regulations to require
standard fencing around swimming pools in front yards.
Councilmember Kelly made a motion to direct staff to draft legislation for Council consideration
amending the zoning and land development code to require fencing around swimming pools in front
yards. The motion was seconded by Councilmember London and approved by a 7-0 voice vote. The
vote was as follows: Councilmembers Caplan, De la Cruz, Holloway, Kelly, London, Taintor and
Mayor Lindsay voting Yes.
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November 18, 2014
Councilmember Holloway addressed the Council regarding an article published in the Miami Herald
relating to the Miami International Boat Show moving to the Marine Stadium. There was extensive
discussion from Council regarding the article.
Mr. Fausto Gomez from Gomez Barker Associates, Inc. addressed the Council regarding the
Miami International Boat Show moving to the Marine Stadium.
Councilmember Kelly addressed the Council regarding the status of the Consultatio final Certificate
of Occupancy. There was discussion from Council regarding the status of the issuance of the final
Certificate of Occupancy for the Oceana project. Director Kurlancheek addressed the Council
regarding the status of the final Certificate of Occupancy.
Councilmember Kelly addressed the Council regarding the deficiency of parks and open space. There
was extensive discussion from Council regarding available parks and open space. It was the
consensus of Council to direct staff to bring back a listing/inventory of available land.
Councilmember Kelly addressed the Council regarding replacing traffic signs. The Manager
addressed the Council regarding the new traffic signs.
Councilmember Holloway addressed the Council regarding traffic light options. The Manager
addressed the Council regarding traffic light options.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Deputy Clerk presented to the Council the Certification of the November 4, 2014
Municipal Election results. The Clerk is requesting a motion to approve the Certification of the
November 4, 2014 Municipal Election results.
Councilmember Kelly made a motion to accept the Clerk's Certification of the November 4, 2014
Municipal Election results. The motion was seconded by Councilmember London and approved by
a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, De la Cruz, Holloway, Kelly,
London, Taintor and Mayor Lindsay voting Yes.
Pursuant to Section 2.02(b) of the Village Charter, an election was held for the Vice Mayor's seat.
The Mayor opened the floor for nominations. Councilmember Caplan nominated Councilmember
Taintor. The nomination was seconded by Councilmember London.
Councilmember Taintor declined the nomination to become Vice Mayor.
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Councilmember Taintor nominated Councilmember Caplan. The nomination was seconded by
Councilmember Holloway. The vote was as follows: Councilmembers Caplan, De la Cruz,
Holloway, Kelly, London, Taintor and Mayor Lindsay voting Yes.
The Deputy Clerk presented to the Council the proposed 2015 Council Meeting Schedule.
Councilmember London made a motion to adopt the proposed 2015 Council Meeting Schedule, as
presented. The motion was seconded by Councilmember Kelly. The Mayor addressed the Deputy
Clerk regarding the pending Budget Hearing schedule for the Miami -Dade County Commission and
the Miami -Dade County School Board. The Deputy Clerk will ensure the dates do not coincide with
the Miami -Dade County Commission and Miami -Dade County School Board scheduled Budget
Hearing dates. The motion was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers De la Cruz, Holloway, Kelly, London, Taintor, Vice Mayor Caplan and Mayor
Lindsay voting Yes.
Village Manager. The Manager addressed the Council regarding the Ballard & King Assessment
Report. There was extensive discussion from Council regarding the report.
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 10:21 p.m.
Res tfully submitted:
gS 1 /17W1'7 /1
Jennifer Duque
Chief of Staff/Deputy Village Clerk
Approved this 2"d day of December 2014:
1 /1 Io r W
t MayroPena Lindsay
Mayor
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November 18, 2014
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.
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