HomeMy Public PortalAbout10-08-13 - Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 8, 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,
Michael E. Kelly, Edward London, James S. Taintor and Mayor Franklin H. Caplan. Vice Mayor
Mayra P. Lindsay was absent. Also present were Village Manager John C. Gilbert, Deputy Village
Clerk Jennifer Duque and Village Attorney Stephen J. Helfinan.
2. RICKENBACKER/BEAR CUT BRIDGE UPDATE: Mr. Michael R. Bauman, Chief
Causeways Division for the Miami -Dade County Public Works and Waste Management Department,
addressed the Council giving an update of the Rickenbacker Toll Plaza. Mr. Antonio J. Cotarelo,
P.E., Miami -Dade County Engineer, also addressed the Council regarding the Bear Cut Bridge
construction project.
3. BRIEF COMMENTS BY COUNCIL: There were no comments by Council at this time.
4. SPECIAL INTRODUCTIONS: Chief of Fire Rescue Eric Lang addressed the Council
regarding the recognition of the Fire Department employees' 20 year anniversary and upcoming re -
accreditation process.
5. PUBLIC COMMENTS: The following persons addressed the Council: Tim Greener, 1141
Vintner Boulevard; Andrew Greener, 233 S. Federal Hgwy..; Robert Molinari, 276 Seaview Drive;
Ray Thompson, 168 SW 13 Court; Antonio Camejo, 151 Crandon Boulevard; Robert P. Raymond,
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791 Crandon Boulevard; Harvey Rosenwasser, 781 Crandon Boulevard; Clayton Peart, 250 NE 20
Street, Delray Beach; Ann Margo Cannon, 1015 Ingraham Avenue, Delray Beach; Ron Erbel, 786
Fernwood Road; Michael 0' Brien, 685 Ocean Drive; Roberto Matos, 251 Crandon Boulevard;
Patricia Peralta, 761 Woodcrest Road; Michael Hubbard, 240 Crandon Boulevard; Donald Elisburg,
177 Ocean Lane Drive and Larry Larusse, 200 Ocean Lane Drive addressed the Council.
6. AGENDA: Councilmember Kelly requested the addition of a discussion regarding a site
analysis of the Village Green as Item 10A7, Councilmember Davey requested to move up Item 10A3
to Item 10A1, Councilmember Taintor requested the addition of a discussion regarding Ron Erbel's
request as Item 10A8 and the Manager removed Item 10A2 on behalf of Vice Mayor Lindsay. There
was no objection to the agenda changes.
7. CONSENT AGENDA: Councilmember Davey made a motion to approve the Consent
Agenda. The motion was seconded by Councilmember Kelly.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROCLAIMING THE LAST FRIDAY IN APRIL AS "ARBOR DAY";
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Caplan made an amending motion to insert "providing shade and beauty" to the second
"Whereas" clause. The motion was seconded by Councilmember Kelly and approved by a 6-0 voice
vote. The vote was as follows: Councilmembers Davey, Holloway, Kelly, London, Taintor and
Mayor Caplan voting Yes.
The resolution, as amended, was approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Davey, Holloway, Kelly, London, Taintor and Mayor Caplan voting Yes.
8. ORDINANCES: The Deputy Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $6,575,000 OF STORMWATER UTILITY
REFUNDING AND IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING
FORTH THE DETAILS OF SAID BONDS; DETERMINING COMPETITIVE BIDDING
FOR SALE OF THE BONDS TO BE IMPRACTICABLE; AUTHORIZING THE VILLAGE
MANAGER TO NEGOTIATE WITH PINNACLE PUBLIC FINANCE, INC. TO
PURCHASE THE BONDS; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on first reading. The motion was
seconded by Mayor Caplan.
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The Manager, Jose Lopez, Village Stormwater Consultant, and Lourdes Abadin with Estrada
Hinojosa, Financial Consultant for the Village, addressed the Council regarding the project.
There was extensive discussion from Council regarding this project.
The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows:
Councilmembers Davey, Holloway, Kelly, London, Taintor and Mayor Caplan voting Yes.
The Deputy Clerk announced the second reading of this ordinance will be October 22, 2013.
The Deputy Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REZONING
PROPERTY LOCATED AT 971 CRANDON BOULEVARD FROM 0-1 LIGHT INTENSITY
OFFICE TO C-1 LIGHT INTENSITY COMMERCIAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember London.
The Manager, Village Attorney and Building, Zoning and Planning Director Jud Kurlancheek
addressed the Council recommending approval of the ordinance based on the determination that the
request is consistent with the Land Use designation in the Master Plan and the change in zoning
criteria as set forth in the Zoning and Land Development Regulations.
There was extensive discussion from Council regarding the ordinance.
The Mayor opened the public hearing. Patricia Romano, 361 Beachwood Drive addressed
the Council. The Mayor closed the public hearing.
The motion to adopt the ordinance, on second reading, was approved by a 6-0 roll call vote. The vote
was as follows: Councilmembers Davey, Holloway, Kelly, London, Taintor and Mayor Caplan
voting Yes.
9. RESOLUTIONS: The Deputy Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PARTICIPATE IN THE
MIAMI-DADE COUNTY PROPERTY APPRAISER'S TASK FORCE TO INVESTIGATE
HOMESTEAD EXEMPTION FRAUD WITHIN THE VILLAGE; AND PROVIDING FOR
AN EFFECTIVE DATE.
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Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Mayor Caplan.
The Manager and Chief of Police Charles Press addressed the Council recommending approval of
the resolution to participate in the Miami -Dade County Property Appraiser's Task Force to
investigate Homestead Exemption fraud within the Village.
There was extensive discussion from Council regarding the Village's participation in the Miami -
Dade County Property Appraiser's Task Force.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Davey,
Holloway, Kelly, London, Taintor and Mayor Caplan voting Yes.
The Deputy Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SELECTING THE PROPOSAL OF W.D. THOMPSON, INC. D/B/A BEACH
RAKER TO PROVIDE BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION
SERVICES; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
AGREEMENT FOR SUCH SERVICES; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember London made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
The Manager and Timothy K. Blankenship, P.E. from Coastal Systems International, Inc. addressed
the Council recommending W.D. Thompson, Inc. D/B/A Beach Raker to provide the beach cleaning,
maintenance and beautification services to the Village.
There was extensive discussion from Council regarding the selection of W.D. Thompson, Inc. D/B/A
Beach Raker.
Councihnember London made a motion to table the resolution until further information is obtained.
The motion was seconded by Councilmember Taintor and approved by a 5-1 roll call vote. The vote
was as follows: Councilmembers Davey, Holloway, London, Taintor and Mayor Caplan voting Yes.
Councilmember Kelly voting No.
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October 8, 2013
The Deputy Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SELECTING ALL FLORIDA TREE AND LANDSCAPE, INC. TO TRIM AND
PRUNE TREES WITHIN THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER
TO EXECUTE THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
The Manager and Director Kurlancheek addressed the Council recommending All Florida Tree and
Landscape, Inc. to trim and prune trees within the Village.
Councilmember Davey excused himself from the meeting at 10:00 pm.
There was discussion from Council regarding the selection of All Florida Tree and Landscape, Inc.
to trim and prune trees within the Village.
The consensus of Council was to reject all bids and re -bid the tree trimming and pruning services
within the Village.
The resolution failed by a 0-5 roll call vote. The vote was as follows: Councilmembers Holloway,
Kelly, London, Taintor and Mayor Caplan voting No.
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
LEASE/PURCHASE OF ONE (1) FORD TRUCK FOR THE VILLAGE PUBLIC WORKS
DEPARTMENT IN AN AMOUNT NOT EXCEEDING $35,000; AUTHORIZING VILLAGE
MANAGER TO SELL THE REPLACED VEHICLE; AUTHORIZING VILLAGE
MANAGER TO ENTER INTO AN AMENDMENT TO LEASE/PURCHASE DOCUMENTS
WITH BRANCH BANKING AND TRUST COMPANY FOR ACQUISITION OF VEHICLE
AND TO IMPLEMENT THE TRANSACTION; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Kelly made a motion to approve the resolution. The motion was seconded by Mayor
Caplan.
The Manager and Director Kurlancheek addressed the Council regarding the lease/purchase of a Ford
truck for the Village Public Works department.
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There was discussion from Council regarding the lease/purchase of the vehicle.
Councilmember London made a motion to amend the resolution to obtain three quotes for the
lease/purchase of a Ford truck, authorizing the Manager to select the lowest quote and to enter into
an amendment to lease/purchase documents with Branch Banking and Trust Company. The motion
was seconded by Councilmember Kelly and approved by a 5-0 roll call vote. The vote was as
follows: Councilmembers Holloway, Kelly, London, Taintor and Mayor Caplan voting Yes.
The resolution, as amended was approved, by a 5-0 roll call vote. The vote was as follows:
Councilmembers Holloway, Kelly, London, Taintor and Mayor Caplan voting Yes.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmember. Councilmember Kelly addressed the Council regarding a proposed
artificial turf ordinance.
It was the consensus of Council to direct the Village Attorney to bring forth an ordinance for first
reading regarding artificial turf.
Councilmember Holloway addressed the Council regarding incorporating social media policies into
the draft of the podcast ordinance.
It was the consensus of Council to allow Councilmember Holloway and the Village Attorney to work
on the existing ordinance to include social media policies and return to Council for first reading.
Councilmember Holloway made a motion to extend the meeting 5 minutes. The motion was
seconded by Councilmember Taintor and approved by a 4-1 voice vote. The vote was as follows:
Councilmembers Holloway, Kelly, Taintor and Mayor Caplan voting Yes. Councilmember London
voting No.
Councilmember Taintor addressed the Council regarding deferring Items 10A3, 10A4 and 10A5 to
the next Council Meeting. It was the consensus of Council to defer discussions on Items 10A3, 10A4
and 10A5 to the next Council Meeting.
Councilmember Taintor addressed the Council regarding Ron Erbel's request.
It was the consensus of Council to direct the Manager to meet with Ron Erbel and to report back to
Council.
Councilmember Kelly addressed the Council regarding a site analysis of the Village Green.
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October 8, 2013
It was the consensus of Council to direct the Manager to seek a consultant to conduct a site analysis
for the Village Green.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Deputy Clerk did not submit a report.
Village Manager. The report was deferred to the next Council Meeting.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
12. OTHER 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 11:06 p.m.
Respectfully submitted:
Jeinifer uquea' U
Chief o Staff/Deputy Village Clerk
Appro Id this 12`" day of ' o - mber 2013:
Fra lin H. ' plan
__
Mayor
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 TESTIMONYAND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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