HomeMy Public PortalAbout02-07-12 - Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
TUESDAY, FEBRUARY 7, 2012
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 Michael W. Davey, Robert Gusman, Mayra
P. Lindsay, James S. Taintor, Vice Mayor Michael E. Kelly and Mayor Franklin H. Caplan.
Councilmember Enrique Garcia was absent. Also present were Village Manager John C. Gilbert,
Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman.
2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church gave an
invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS: There were no special presentations.
5. PUBLIC COMMENTS: There were no speakers present.
6. AGENDA: Mayor Caplan requested the addition of a discussion regarding a draft anti -
gambling resolution as Item 10A2 and the Manager requested the addition of a Legislative Report
as Item 10D5. There was no objection to the agenda changes.
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7. APPROVAL OF MINUTES: Councilmember Davey made a motion to approve the
minutes of the October 11, 2011 Regular Council Meeting. The motion was seconded by Vice
Mayor Kelly and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Davey,
Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
Vice Mayor Kelly made a motion to approve the minutes of the January 17, 2012 Workshop on
Objections, Recommendations, and Comments (ORC) Pertaining to the Evaluation and Appraisal
Report (EAR) Based Amendments. The motion was seconded by Mayor Caplan and approved by
a 6-0 voice vote. The vote was as follows: Councilmembers Davey, Gusman, Lindsay, Taintor, Vice
Mayor Kelly and Mayor Caplan voting Yes.
Councilmember Gusman made a motion to approve the minutes of the January 24, 2012 Zoning
Meeting. The motion was seconded by Vice Mayor Kelly and approved by a 6-0 voice vote. The
vote was as follows: Councilmembers Davey, Gusman, Lindsay, Taintor, Vice Mayor Kelly and
Mayor Caplan voting Yes.
8. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 8 "ENVIRONMENT" TO CREATE ARTICLE VIII "SOIL EROSION,
FUGITIVE DUST AND SEDIMENT CONTROL" TO PROVIDE FOR SOIL EROSION AND
SEDIMENT POLLUTANT MANAGEMENT AND CONTROL REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Gusman.
The Manager and Building, Zoning and Planning Director addressed the Council recommending the
adoption of the Ordinance which establishes regulations dealing with soil erosion, fugitive dust, and
sediment control.
The Attorney also 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 first reading, by a 6-0 roll call vote. The vote was as follows:
Councilmembers Davey, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting
Yes.
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February 7, 2012
The Clerk announced the second reading of the ordinance on February 28, 2012.
The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 8 "ENVIRONMENT" TO CREATE ARTICLE VII "STORMWATER
CONTROL" IN ORDER TO PROVIDE FOR STORMWATER MANAGEMENT
REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on first reading. The motion was
seconded by Vice Mayor Kelly.
The Manager addressed the Council recommending adoption of the Ordinance on first reading which
establishes regulations dealing with discharges into the Village's Stormwater System.
The Attorney addressed the Council regarding this ordinance. 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 6-0 roll call vote. The vote was as follows:
Councilmembers Davey, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting
Yes.
The Clerk announced the second reading of the ordinance on February 28, 2012.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 4-32 "PROHIBITED WATER ACTIVITY" CREATING A VESSEL EXCLUSION
ZONE WHICH LIMITS THE MASHTA FLAT AREA, AS FURTHER DESCRIBED ON
EXHIBIT "A," WITHIN THE VILLAGE'S MUNICIPAL BOUNDARIES TO NON -
MOTORIZED VESSELS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on second reading. The motion was
seconded by Vice Mayor Kelly.
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February 7, 2012
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
Councilmember Davey made a motion to continue this hearing to the meeting of March 6, 2012.
The motion was seconded by Councilmember Lindsay and approved by a 6-0 voice vote. The vote
was as follows: Councilmembers Davey, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor
Caplan voting Yes.
9. 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 FIREWORKS BY GRUCCI, INC. FOR
JULY 4TH FIREWORKS DISPLAY; AUTHORIZING THE VILLAGE MANAGER AND
OTHERS TO NEGOTIATE FINAL TERMS AND PREPARE AN AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Gusman made a motion to approve the resolution. The motion was seconded by
Councilmember Davey.
The Manager and Parks and Recreation Director Todd Hofferberth addressed the Council
recommending the approval of the resolution selecting "Fireworks by Grucci" to perform the
services required to produce the Village's Fourth of July fireworks display.
The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Davey,
Gusman, Lindsay, Vice Mayor Kelly and Mayor Caplan voting Yes. Councilmember Taintor voting
No.
The Clerk read the following resolution, by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING THE PROPOSAL BY COASTAL SYSTEMS INTERNATIONAL,
INC. ATTACHED AS EXHIBIT "A" RELATING TO UPLAND BEACH SAND SOURCE
TESTING FOR THE BEACH RENOURISHMENT PROJECT; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE A WORK ORDER CONSISTENT WITH THE
TERMS OF THE PROPOSAL; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by Vice
Mayor Kelly.
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February 7, 2012
The Manager addressed the Council recommending approval of the resolution and awarding the
proposal for Sand Source Evaluation in the amount not to exceed $20,810 to Coastal Systems
International, Inc. (CSI).
Tim Blankenship with Coastal Systems International addressed the Council.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Davey,
Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
The Clerk read the following resolution, by title:
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A PROPOSAL,
ATTACHED AS EXHIBIT "A," BY COASTAL SYSTEMS INTERNATIONAL, INC.,
RELATING TO THE PERMITTING, PURCHASE AND INSTALLATION OF BUOYS FOR
THE NIXON BEACH VESSEL EXCLUSION ZONE APPROVED BY ORDINANCE 2011-
13; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A WORK
AUTHORIZATION CONSISTENT WITH THIS PROPOSAL; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Kelly made a motion to approve the resolution. The motion was seconded by
Councilmember Lindsay.
The Manager and Chief of Police Charles Press addressed the Council recommending approval of
the resolution and awarding the proposal for permitting„ purchase, and installation of buoys for the
Nixon Beach Vessel Exclusion Zone in an amount not to exceed $50,400 to Coastal Systems
International, Inc. (CSI).
Tim Blankenship with Coastal Systems International addressed the Council.
The resolution was approved by a 4-2 voice vote. The vote was as follows: Councilmembers Davey,
Lindsay, Vice Mayor Kelly and Mayor Caplan voting Yes. Councilmembers Gusman and Taintor
voting No.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Davey addressed the Council regarding funding
options for the Key Biscayne Community School. There was extensive discussion from Council
regarding this issue.
Mayor Caplan presented to the Council a draft anti -gambling resolution.
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February 7, 2012
Vice Mayor Kelly made a motion to approve the anti -gambling resolution. The motion was
seconded by Councilmember Lindsay and approved by a 5-1 voice vote. The vote was as follows:
Councilmembers Davey, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
Councilmember Gusman voting No.
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 proposed amendments to the Noise
Ordinance.
The Attorney and the Chief of Police Press addressed the Council regarding this issue. No action
was taken.
The Manager also addressed the Council regarding the additional lighting element added to the scope
of the Tot Lot Wall project and also requested that the Council provide direction as to the number
and type of lighting poles to be included in the project before the Village authorizes C3TS to proceed
with the permitting, bidding and construction management for the proposed tot lot barrier. It was
the consensus of Council not to proceed with the lighting element of the wall at this time.
The Manager and Director Hofferberth addressed the Council regarding the Weather Bug System
implementation. It was the consensus of Council to set the horn alert for a 6 miles radius.
The Manager addressed the Council regarding private business being conducted in public parks. The
Manager requested deferral of this item to the March 6, 2012 Council Meeting.
Councilmember Lindsay addressed the Council regarding her recent participation in the Dade Days
Event.
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 at 11:00 p.m.
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February 7, 2012
Respes lly submitted:
onchita H. Alvarez, MMC
Village Clerk
Appro ed this 28th day ebruary, 2012:
Franklin H. Caplan
Mayor
IF A 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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