HomeMy Public PortalAbout07-02-13 - Regular Council Meeting.tifMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JULY 2, 2013
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7:15 p.m. Present were Councilmembers Michael W. Davey, Theodore Holloway,
Edward London, Michael E. Kelly, James S. Taintor, Vice Mayor Mayra Lindsay 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. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
At this time, Mayor Caplan presented a proclamation to Mrs. Rosa de la Cruz for her service to the
community with the Art in Public Places Program.
3. RICKENBACKER/BEAR CUT BRIDGE UPDATE: Mr. Frank Digilio with Kiewit
addressed the Council giving an update on the Bear Cut Bridge. Michael R. Bauman, Miami -Dade
County Public Works and Waste Management Department Chief Causeways Division addressed the
Council regarding the conversion from the C -Pass to Sun Pass and Chris Rose, Assistant Director
to Miami -Dade County Public Works and Waste Management Department also addressed the
Council.
4. BRIEF COMMENTS BY COUNCIL: Councilmember Holloway thanked everyone that
came out to the 4th of July BBQ; Mayor Caplan, Councilmembers Kelly and Taintor made reference
to the American History and the concept of liberty.
5. PUBLIC COMMENTS: There were no speakers present.
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6. AGENDA: There were no changes made to the agenda.
7. APPROVAL OF MINUTES: There were no minutes considered by Council.
8. ORDINANCES: There were no ordinances considered by Council, on first reading.
The Clerk read the following ordinance on second reading, by title:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING A FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY RELATING
TO THE COMPLETION OF THE RECREATIONAL FIELDS TO BE CONSTRUCTED ON
THE EAST SIDE OF THE MAST CAMPUS; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Lindsay made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Davey.
The Manager addressed the 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 second reading by a 6-0 roll call vote. The vote was as follows:
Councilmembers Davey, Holloway, London, Taintor, Vice Mayor Lindsay and Mayor Caplan voting
Yes. Councilmember Kelly was out of the room at the time the vote was taken.
The Clerk read the following ordinance, on second reading:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE OF KEY BISCAYNE CODE OF ORDINANCES BY AMENDING SECTION 2-42
"CIVIL PENALTIES AND RELATED TERMS CONSTRUED" OF ARTICLE III "CODE
ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION", AND BY AMENDING
ARTICLE IV "DANGEROUS INTERSECTION SAFETY" OF CHAPTER 26 "TRAFFIC
AND VEHICLES" TO ENSURE CONSISTENCY WITH SECTION 316.0083, FLORIDA
STATUTES, "THE MARK WANDALL TRAFFIC SAFETY ACT", AS AMENDED BY THE
FLORIDA LEGISLATURE THROUGH THE ENACTMENT OF CS/CS/HB HOUSE BILL
7125 DURING THE 2013 LEGISLATIVE SESSION; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR CLERK DESIGNATED; PROVIDING FOR
SAVINGS; PROVIDING FOR AN EFFECTIVE DATE.
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The Clerk announced that this ordinance is continued from the June 25, 2013 Zoning Meeting.
Councilmember Davey made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Kelly.
The Attorney and Chief of Police Charles Press addressed the Council.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
There was extensive discussion from Council regarding this ordinance.
The ordinance was adopted on second reading by a 5-2 roll call vote. The vote was as follows:
Councilmembers Davey, Holloway, Kelly, Taintor, and Mayor Caplan voting Yes. Councilmember
London and Vice Mayor Lindsay voting No.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING
THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND
THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET
HEARINGS AS REQUIRED BY LAW; DIRECTING THE CLERK AND MANAGER TO
FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE
COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE
RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE
OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
Vice Mayor Lindsay made an amending motion to reduce the millage rate to 3.006. The motion was
seconded by Councilmember Kelly.
Councilmember London made an amending motion to reduce the millage rate to 2.8. The motion
died for lack of a second.
Finance Director Vivian Parks addressed the Council regarding the excess surplus.
The Attorney addressed the Council regarding the proposed millage rate. There was extensive
discussion from Council regarding the proposed millage rate.
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Vice Mayor Lindsay withdrew her motion.
The resolution, as presented, was approved by a 6-1 voice vote. The vote was as follows:
Councilmembers Davey, Holloway, Kelly, Taintor, Vice Mayor Lindsay and Mayor Caplan 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, CONFIRMING THE VILLAGE'S ABILITY TO FUND AND SUPPORT THE
PERMITTING, DESIGN, CONSTRUCTION, AND MONITORING OF THE VILLAGE'S
BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
The Attorney addressed the Council recommending approval of the resolution providing the Florida
Department of Environmental Protection (DEP) confirmation that the Village has committed funds
and supports the construction and monitoring of the Beach Renourishment Project.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey,
Holloway, Kelly, London, Taintor, Vice Mayor Lindsay 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, SELECTING CODY & ASSOCIATES, INC., TO PROVIDE PROFESSIONAL
PERSONNEL CONSULTING SERVICES; AUTHORIZING THE VILLAGE MANAGER
TO ENTER INTO AN AGREEMENT RELATED TO THE SAME; AND PROVIDING FOR
AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
The Manager addressed the Council recommending approval of the resolution and agreement which
provide for the formulation of job descriptions for each position within the Village detailing
functional responsibilities together with a survey and detailed analysis of current compensation as
compared to other regional municipalities based on comparable community size and private sector
job markets.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers
Davey, Holloway, Kelly, London, Taintor, Vice Mayor Lindsay and Mayor Caplan voting Yes.
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10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Mayor Caplan addressed the Council regarding the EPA comment
period on waste water treatment plan.
The Attorney also addressed the Council regarding this issue. There was also extensive discussion
from Council regarding the EPA comment period on the waste water treatment plan.
It was the consensus of Council to allow the Mayor to contact EPA and to write a comment on the
waste water treatment plan.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager addressed the Council regarding the Capital Improvement Plan.
The Manager also addressed the Council regarding the Tree City USA status.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no other 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 at 9:10 p.m.
Respef,tfjully submitte,
Conchita H. Alvarez, MMC
Village Clerk
Appr ed this 27th d ' o i*' ust 2013:
Fra H. Caplan
Mayor
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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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