HomeMy Public PortalAbout04-08-08 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, APRIL 8, 2008
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, Steve
Liedman, Thomas Thornton, Patricia Weinman, Vice Mayor Jorge E. Mendia and Mayor Robert L.
Vernon. Also present were Village Manager Genaro "Chip" Iglesias, Village Clerk Conchita H.
Alvarez and Village Attorney Stephen J. Heif-man.
2. INVOCATION: Rabbi Yoel Caroline, Chabad of Key Biscayne, was not able to attend the
meeting.
3. PLEDGE OF ALLEGIANCE: Mayor Vernon led the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS: At Councilmember Liedman's request, Dr. Robert Maggs,
Council Representative and Stephen Palmquist, Actuary for the Key Biscayne Police and Firefighters
Retirement Plan addressed the Council reporting on the status of the Pension Plan.
At the Manager's request, Ms. Bertha M. Goldenberg, PE, Assistant Director, Mr. Noel Grant,
Chemist 3, Miami -Dade Water and Sewer Department and Mr. Samir Elmir, Director,
Environmental Health & Engineering Division, Department of Health addressed the Council
regarding the Village's water quality monitoring, in particular how it relates to asbestos when water
line breaks occur. The representatives assured the Council that the water meets all required drinking
water standards.
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5. PUBLIC COMMENTS: The following residents addressed the Council: John Rosser, 300
Redwood Lane and Ed Meyer, 798 Crandon Boulevard.
6. AGENDA: Councilmember Davey requested the addition of a discussion regarding residents
concerns on the Sanitary Sewer Project as Item 10A2 and also requested an addition of a discussion
regarding the ZORC as Item 10A3; Vice Mayor Mendia requested the addition of a report regarding
traffic as a result of the Sony Ericsson Tennis Tournament as Item 10A4; Councilmember Thornton
requested the addition of an update regarding the Sanitary Sewer Bid for Zones II & III as Item 10A5
and Councilmember Weinman requested the addition of a report on the Green Initiative as Item
10A6. There was no objection to the agenda changes.
7. APPROVAL OF MINUTES: Councilmember Garcia made a motion to approve the
minutes of the March 25, 2008 Zoning Meeting. The motion was seconded by Councilmember
Davey and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey, Garcia,
Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon voting Yes.
8. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF A PROPOSED
AMENDMENT TO THE VILLAGE CHARTER IN ACCORDANCE WITH SECTION
6.02(a)(i) OF THE VILLAGE CHARTER; SUBMITTING A PROPOSED CHARTER
AMENDMENT CONCERNING SECTION 4.15 "APPROVED BY VOTE OF ELECTORS
REQUIRED FOR AMENDMENTS TO LAND DEVELOPMENT REGULATIONS";
PROVIDING FOR AN AMENDMENT OF SECTION 4.15 TO PROVIDE THAT VOTER
APPROVAL IS REQUIRED ONLY FOR CHANGES TO THE LAND DEVELOPMENT
REGULATIONS (INCLUDING ZONING CODE) WHICH INCREASES THE DENSITY OR
INTENSITY FOR THE DEVELOPMENT OF ANY PROPERTY IN THE VILLAGE;
PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD IN CONJUNCTION WITH
THE REGULAR VILLAGE COUNCIL ELECTION ON TUESDAY, THE DAY OF
2008; PROVIDING NOTICE OF ELECTION; PROVIDING FOR BALLOTING
AND ELECTION PROCEDURES; PROVIDING FOR INCLUSION IN THE CHARTER;
AND PROVIDING FOR AN EFFECTIVE DATE.
The Clerk reported that she had contacted the Miami -Dade County Supervisor of Elections
requesting approval to place this Charter amendment on the ballot for either the August 26, 2008
Miami -Dade County Primary Election or the November 4, 2008 General Election. The Miami -Dade
County Supervisor of Elections approved the request.
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Councilmember Liedman made a motion to approve the ordinance on first reading. The motion was
seconded by Councilmember Davey.
The Mayor opened the public hearing. Mike Kelly, 395 Gulf Road; Camille Guething, 260
Seaview Drive and John Festa, 695 Harbor Lane addressed the Council. The Mayor closed
the public hearing.
There was extensive discussion from the Attorney and the Council regarding this ordinance.
Councilmember Liedman made an amending motion to hold the Special Election on August 26,
2008. The motion was seconded by Councilmember Weinman and approved by a 7-0 voice vote.
The vote was as follows: Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice
Mayor Mendia and Mayor Vernon voting Yes.
The ordinance, as amended, was approved on first reading by a 7-0 roll call vote. The vote was as
follows: Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and
Mayor Vernon voting Yes.
The second reading of this ordinance will be announced at a later date.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING THE SELECTION OF TOP RANKED FIRM IBI GROUP AS THE
VILLAGE RECREATION AND OPEN SPACE CONSULTANT; DIRECTING THE
VILLAGE MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT
WITH THE IBI GROUP AS SOON AS POSSIBLE; AUTHORIZING THE VILLAGE
MANAGER TO NEGOTIATE WITH SECOND RANKED FIRM, ZYSCOVICH
ARCHITECTS, SHOULD NEGOTIATIONS WITH THE IBI GROUP FAIL; PROVIDING
FOR AN EFFECTIVE DATE.
Director of Building, Zoning and Planning Jud Kurlancheek addressed the Council regarding this
resolution recommending the selection of IBI Group as the Recreation and Open Space Consultant.
Mr. Richard E. Durr, Jr. ASLA, AICP with IBI Group addressed the Council regarding the
proposed Charrette.
Councilmember Liedman made a motion to approve the resolution. The motion was seconded by
Councilmember Thornton.
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Charles Viscito, 141 Crandon Boulevard and Ed Meyer, 798 Crandon Bouleard addressed
the Council.
Councilmember Weinman made an amending motion to eliminate the following phrase:
"constituting the majority of the work" from the third and fourth Whereas clauses of the resolution.
The motion was seconded by Councilmember Thornton and approved by a 7-0 voice vote. The vote
was as follows: Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia
and Mayor Vernon voting Yes.
The resolution, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor
Vernon voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SELECTING THE FIRM OF AMERICAN TRAFFIC SOLUTIONS, INC. TO
PROVIDE TRAFFIC SAFETY CAMERA PROGRAM RELATIVE TO RFP "TRAFFIC
SAFETY CAMERA PROGRAM"; AUTHORIZING THE VILLAGE MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING
NEGOTIATIONS WITH AN ALTERNATE FIRM, TRAFFIPAX, INC., TO PERFORM
THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AUTHORIZING THE VILLAGE MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
The Manager addressed the Council recommending the selection of American Traffic Solutions, Inc.
("ATS) as the firm to provide the Red Light Cameras for the Traffic Safety Program.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Garcia and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor
Vernon 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, CONCERNING THE CONSTRUCTION
OF TRAFFIC CALMING SPEEDTABLE IMPROVEMENTS FOR GREENWOOD DRIVE
(THE "PROJECT"); AWARDING PROJECT CONSTRUCTION WORK TO MIGUEL
LOPEZ, JR. INC., (THE "CONTRACTOR"); AUTHORIZING VILLAGE MANAGER TO
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ACCEPT THE PROPOSAL FOR THE PROJECT; AUTHORIZING EXPENDITURE OF
FUNDS; AUTHORIZING IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
The Manager addressed the Council recommending to award the Greenwood Drive Speedtables
Project to Miguel Lopez, Jr. Inc., in the amount of $14,096.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Garcia and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor Mendia and Mayor
Vernon voting Yes.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Liedman and the Attorney addressed the Council
regarding the future beach renourishment project.
It was the consensus of Council to direct staff to bring a proposal for the mitigation process to the
April 22, 2008 Council Meeting.
Tim Blankenship with Coastal Systems addressed the Council regarding the Seagrass
mitigation and future beach renourishment project.
At this time the Village Manager's report was heard.
Village Manager. The Manager addressed the Council regarding a request from the Art in Public
Places Board to apply for the Knight-Ridder Foundation Matching Grant for a project which includes
the following: artwork designed by Bedia in two plazas and a sculpture located north of McIntyre
Street and Crandon Boulevard. The total cost of the project is $150,000.
Veronica Scharf -Garcia, Chair and Rosa de la Cruz, Member of the Art in Public Places
Board, addressed the Council regarding this grant.
Councilmember Weinman made a motion to authorize the Manager to apply for the above mentioned
grant. The motion was seconded by Councilmember Garcia and approved by a 7-0 voice vote. The
vote was as follows: Councilmembers Davey, Garcia, Liedman, Thornton, Weinman, Vice Mayor
Mendia and Mayor Vernon voting Yes.
Councilmember Davey addressed the Council regarding the Sanitary Sewer Project and potential
damage to properties.
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The Manager and the Attorney addressed the Council regarding this issue, stating that the contractor
is responsible for any potential damage to properties.
It was then consensus of Council to create a streamline process for residents to file claims.
Councilmember Davey also addressed the Council regarding the ZORC and the changes that they
might propose.
Director Kurlancheek addressed the Council regarding the progress of the ZORC, stating that the
Committee will probably finish their work within the next two months.
Vice Mayor Mendia addressed the Council regarding the traffic and the recent tennis tournament
Sony Ericsson Open. Vice Mayor Mendia requested that the Village meet with the County prior to
next year's tournament to discuss the logistics of the Key Biscayne shuttle. There was no objection
to the request.
Councilmember Thornton addressed the Council regarding the Sanitary Sewer Bid for Zones II &
III of the project.
Director Nunez addressed the Council regarding this bid process reporting that 15 firms had picked
bid packages.
Councilmember Weinman addressed the Council regarding the citizens committee that has been
working moving forward the Green Initiative.
The Attorney proposed that this citizens committee, in terms of green initiative, will bring their
recommendations to the Council through the Manager. There was no objection to the proposal.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
13. ADJOURNMENT: The meeting was adjourned at 10:30 p.m.
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Respect y submitted:,((/'
Gonchita H. Alvarez, CMC
Village Clerk
Approved this 30th iy of April • 2008:
Robert L. Vernon
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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