HomeMy Public PortalAbout04-24-12 - Zoning Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
TUESDAY, APRIL 24, 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, Enrique Garcia, Robert
Gusman, Mayra P. Lindsay, James S. Taintor, Vice Mayor Michael E. Kelly (arrived at 9:10 p.m.)
and Mayor Franklin H. Caplan. Also present were Village Manager John C. Gilbert, Village Clerk
Conchita H. Alvarez and Village Attorney Stephen J. Helfinan.
2. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
3. SPECIAL PRESENTATIONS: Village Lobbyist Fausto B. Gomez, with Gomez Barker
Associates, Inc. addressed the Council giving a Legislative Update.
The following residents addressed the Council: Ed Stone, 145 Hampton Lane; Sam Brickle, 177
Ocean Lane Drive; Belle Von der Goltz, 177 Ocean Lane Drive and Ed Meyer, 798 Crandon
Boulevard.
4. AGENDA: Councilmember Davey requested the addition of a discussion regarding reduced
waste fees for seniors as Item 8A3, also requested the addition of a discussion regarding Beach
Garbage/Beach Renourishment as Item 8A4 and also requested a discussion regarding Kite Boarders
as Item 8A5; Councilmembers Garcia and Gusman requested a discussion regarding hat -racking and
1 of 8
April24, 2012
whiteflies as Item 8A6; Councilmember Lindsay requesting the addition of a discussion regarding
the Driver License Program at the Community Center as Item 8A7 and Mayor Caplan requested the
addition of a proclamation regarding Civility Month as Item 8A8. There was no objection to the
agenda changes.
5. APPROVAL OF MINUTES: Councilmember Garcia made a motion to approve the
minutes of April 10, 2012 Regular Council Meeting. The motion was seconded by Councilmember
Davey.
Councilmember Taintor made the following amendments to the minutes: page 1 of 7 the word
"PUSH" in PUSH CPR should be capitalized; page 2 of 7 add the word "Florida" before the word
"Turnpike"; page 3 of 8 add to the fifth paragraph "Discussion followed by Council." and also at the
bottom of that page add "Discussion followed by Council, with Councilmember Taintor reading his
objection into the record"; on page 4 of 7 after the Manager and the Parks and Recreation Director
addressed the Council add the following: "Discussion followed by Council." and at the bottom of
that same page add the following after Mr. Blankenship addressed the Council, "advising his
estimate of the Project cost, including Permitting was $70,000 to $80,000."; page 5 of 7 add the
following after the Manager and Chief Lang addressed the Council: "Discussion followed by
Council, with a $50,000 maximum cost to be inserted into the contract" (I reviewed the tape very
carefully and this is what the Manager said verbatim: "The Manager stated that we would put the cap
as outlined in the budgeted number for this fiscal year 2012 and during the budget process for Fiscal
Year 2014 he will present numbers based on the status of the project.", therefore, this is what is
reflected in the minutes of April 10, 2012.)
The minutes, as amended, were approved by a 6-0 voice vote. The vote was as follows: Council
members Davey, Garcia, Gusman, Lindsay, Taintor and Mayor Caplan voting Yes.
6. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 10 "FLOODS" IN ORDER TO UPDATE THE FLOODPLAIN MANAGEMENT
REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the ordinance on first reading. The motion was
seconded by Councilmember Garcia.
The Manager and Jud Kurlancheek, Director of Building, Zoning and Planning addressed the
Council recommending approval of the Ordinance which establishes regulations dealing with Flood
Damage mitigation, eliminating conflicts with the 2010 Florida Building Code and complying with
modifications requested by representatives of the Federal Emergency Management Agency (FEMA).
2 of 8
April24, 2011
The approval of this ordinance will maintain the Village's Community Rating System status and
continue to provide savings to the Village residents on their flood insurance premiums.
Alicia M. Verea-Ferea with Tetra -Tech 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: Council
members Davey, Garcia, Gusman, Lindsay, Taintor and Mayor Caplan voting Yes.
The Clerk announced the second reading on May 8, 2012.
The Clerk read the following ordinance on second reading, by title:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING EASTMAN AGGREGATE ENTERPRISES, LLC
FOR THE VILLAGE'S BEACH RENOURISHMENT PROJECT; PROVIDING FOR A
WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Garcia.
The Clerk announced that pursuant to Section 4.03(9) of the Village Charter, notice was provided
to all electors of the Village that this ordinance would be heard on second hearing on April 24, 2012.
The Manager also announced that his office had not received any complaints or phone calls
regarding this ordinance.
The Manager addressed the Council recommending adoption of the ordinance for the Village's
Beach Renourishment Project along the Atlantic Ocean within the Village by supplying and placing
approximately 46,500 tons of beach compatible sand utilizing truck -haul methods. The total cost
of the project is estimated at $1,569,875.66. Funding for this project has been allocated from the
2012 Capital Improvement Plan.
Tim Blankenship, with Coastal Systems International, Inc. addressed the Council.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
3 of 8
April24, 2011
The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows:
Council members Davey, Garcia, Gusman, Lindsay, Taintor and Mayor Caplan voting Yes.
7. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SELECTING E & M EQUIPMENT CORP. FOR THE RESURFACING
IMPROVEMENTS NORTH OF WEST HEATHER DRIVE; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE 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 Garcia.
The Manager and Sean Compel with C3TS addressed the Council recommending approval of the
resolution awarding the construction contract for the Resurfacing Improvements North of West
Heather Drive to E&M Equipment Corporation.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Council members Davey,
Garcia, Gusman, Lindsay, Taintor 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 HPF ASSOCIATES, INC. FOR THE VILLAGE
ADMINISTRATION BUILDING REMODELING PROJECT; AUTHORIZING THE
VILLAGE MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT
CONSISTENT WITH THE TERMS SET FORTH IN THE PROPOSAL ATTACHED AS
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Garcia.
The Manager addressed the Council recommending approval of the resolution selecting HPF
Associates, Inc. for the Village Hall Administration building remodeling project.
Paul Abbott with HPF Associates, Inc., addressed the Council.
The resolution was approved by a 5-1 voice vote. The vote was as follows: Council members Davey,
Garcia, Gusman, Taintor and Mayor Caplan voting Yes. Councilmember Lindsay voting No.
4 of 8
April24, 2011
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 CONSTRUCTION PROCUREMENT,
A BEACH CONSTRUCTION PLAN UPDATE, CONSTRUCTION ADMINISTRATION,
RESIDENT PROJECT REPRESENTATIVE SERVICES, BIOLOGICAL, PHYSICAL, AND
OTHER REQUIRED MONITORING, PERMIT COMPLIANCE, AND A DEPARTMENT
OF ENVIRONMENTAL PROTECTION FUNDING REQUEST 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
Councilmember Garcia.
The Manager addressed the Council recommending approval of the proposal submitted by Coastal
Systems International, Inc. (CSI) relating to the beach renourishment project, authorizing the
Manager to execute a work order consistent with the terms of the proposal.
Mr. Blankenship addressed the Council regarding this proposal.
Councilmember Davey made an amending motion to amend Table 1 of the project to include a one
year monitoring for post renourishment services. The motion was seconded by Councilmember
Lindsay and failed by a 2-4 roll call vote. The vote was as follows: Council members Lindsay and
Taintor voting Yes. Council members Davey, Garcia, Gusman and Mayor Caplan voting No.
The resolution was approved by a 5-1 voice vote. The vote was as follows: Council members Davey,
Garcia, Gusman, Lindsay 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 AN AGREEMENT WITH CONSULTATIO KEY BISCAYNE LLC
FOR A TEMPORARY ACCESS LICENSE, INDEMNIFICATION AND HOLD HARMLESS
AGREEMENT RELATING TO THE BEACH RENOURISHMENT PROJECT;
PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Gusman made a motion to approve the resolution. The motion was seconded by
Councilmember Garcia.
5 of 8
April24, 2011
The Manager addressed the Council recommending approval of the resolution approving the
proposal submitted by Coastal Systems International, Inc. ("CSI") relating to the beach
renourishment project, authorizing the Village Manager to execute a work order consistent with the
terms of the proposal.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Council members Davey,
Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
8. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Council members. Councilmember Taintor addressed the Council regarding the
Rickenbacker Causeway as it relates to bicyclists, proposing that the bike lanes be separated from
the traffic lanes with a concrete barrier, and also proposed that the bicyclists pay a toll to go through
the Rickenbacker Causeway. There was extensive discussion from Council on this issue. It was the
consensus of Council to direct staff to draft legislation regarding this issue.
Councilmember Garcia addressed the Council regarding public parking on Village streets. It was
the consensus of Council to direct the Manager to come back with solutions.
Councilmember Davey addressed the Council regarding reduced Solid Waste fees for seniors. It was
the consensus of Council to direct the Manager to come back with solutions to give some relief on
Solid Waste fees for seniors.
Councilmember Davey addressed the Council regarding the garbage on the beach and the beach
renourishment project. The Manager also addressed the Council regarding these issues.
Councilmember Davey addressed the Council reporting that despite the law, a growing number of
kite -boarders are launching from the beach, specially in front of the Commodore Club.
Chief of Police Charles Press addressed the Council regarding this situation. Chief Press
explained that the Village does not have the man power to take care of this problem.
Councilmember Garcia addressed the Council regarding hat -racking and whiteflies. Councilmember
Garcia reported that a number of homeowners received fines for hat -racking trees in an attempt to
eradicate pesky whiteflies.
Director of Building, Zoning and Planning Jud Kurlancheek and the Attorney addressed the
Council regarding hat -racking.
Councilmember Lindsay addressed the Council regarding the Driver License Renewal Program in
the Community Center, commending the Director and staff for providing this service.
6of8
April24, 2011
Mayor Caplan addressed the Council regarding a request from the Florida Bar recommending that
every Municipality recognize the importance of civility and issue a proclamation recognizing the
month of May as Civility Month.
Village Attorney. The Attorney addressed the Council regarding a draft of an ordinance addressing
the referendum Item. The Attorney will be sending to the Council a draft of the ordinance addressing
this issue.
Village Clerk. The Village Clerk did not submit a report.
Village Manager. The Manager addressed the Council regarding the selection of the Finance
Director reporting that Ms. Vivian Parks has been hired as the Village's new Finance Director. Ms.
Parks will be starting on May 21, 2012 with a starting salary of $104,000.
The Manager also addressed the Council giving an update on the proposed strategic planning
workshop. Dr. Frank with FIU will be calling each Councilmember in order to conduct a survey of
the Council.
The Manager also addressed the Council regarding swale code enforcement. Director Kurlancheek
addressed the Council reporting that there has been excellent compliance with a policy aiming at
keeping landscaping and other items 3 feet from the road.
9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
10. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
12. ADJOURNMENT: The meeting was adjourned at 10:30 p.m.
r
Re . ect Idly submitted:
•
Conchita H. Alvarez, MMC
Village Clerk
7of8
April24, 2011
Approved this 22nd day of May , 2012:
Franklin H. Caplan
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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
8of8