HomeMy Public PortalAbout02-23-21 H Regular Council Meeting.pdfMINUTES
HYBRID REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 23, 2021
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order
by the Mayor at 6:01 p.m. Present were Councilmembers Franklin H. Caplan, Luis Lauredo, Brett
G. Moss, Ignacio Segurola, Vice Mayor Edward London and Mayor Michael W. Davey.
Councilmember Allison McCormick was absent. Also present were Interim Village Manager
Charles R. Press, Village Clerk Jocelyn B. Koch and Village Attorney Chad Friedman.
2. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance.
3. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public reporting that
President Biden issued a proclamation to lower the flags to half-mast for five days in honor of the
500,000 people in the United States who have died from Covid19, also reported Miami -Dade
County has 13% of the state's population, 22% of the Covid19 cases but has received only 8% of
the available vaccine doses, addressed the public to maintain diligence in practicing Covid19
precautions by wearing masks, maintaining social distancing and washing hands thoroughly and
often; Mayor Davey and Councilmember Caplan addressed the public commending the efforts of
the Key Biscayne Community Foundation in assisting Key Biscayne seniors with Covid19
vaccination appointments; Mayor Davey and Councilmember Lauredo congratulated the Key
Biscayne Police Department for being reaccredited and earning Excelsior Status, the highest
recognition the Commission for Florida Law Enforcement bestows and by being in the top 10%
of police departments in the state of Florida with a special thank you to Chief Press, Administrative
Services Manager Ana Guerra and the police department and staff. Councilmember Lauredo
thanked the City of Miami and the Miami -Dade County police departments for the increased
efforts in enforcing the speed limit on the Rickenbacker Causeway.
February 23, 2021
4. PUBLIC COMMENTS: The following people addressed the Council: Jan Zillow, 200
Ocean Lane Drive and Pat Woodson, 1725 Tigertail Avenue, Coconut Grove.
5. AGENDA: Mayor Davey requested the addition of a discussion item on a Miami Beach
resolution as Item 11B6 and to defer Item 11B5 to the next Regular Council Meeting;
Councilmember Lauredo requested the addition of a discussion item on sending letters of
appreciation to the City of Miami and Miami -Dade County as Item 11B7.
Vice Mayor London made a motion to defer Item 8B1. The motion was seconded by
Councilmember Segurola.
There was discussion from Council regarding the above motion.
The motion failed by a 2-4 voice vote. The vote was as follows: Councilmember Segurola and
Vice Mayor London voting Yes. Councilmembers Caplan, Lauredo, Moss and Mayor Davey
voting No.
The agenda, as amended, was approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor Davey voting
Yes.
7. SPECIAL PRESENTATIONS: There were no special presentations.
8. CONSENT AGENDA: Councilmember Lauredo made a motion to approve the consent
agenda. The motion was seconded by Councilmember Caplan.
The minutes of the February 4th, 2021 Virtual Workshop.
The minutes of the February 9th, 2021 Hybrid Regular Council Meeting.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONFIRMING EMERGENCY EXPENDITURES RELATING
TO THE NOVEL CORONAVIRUS/COVID-19; PROVIDING FOR RATIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
The consent agenda was approved by a 6-0 voice vote. The vote was as follows: Councilmembers
Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes.
9. ORDINANCES: The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
ORDINANCE NO. 2020-04 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR 2020-
2021 BY REVISING THE 2020-2021 FISCAL YEAR BUDGET; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Davey made a motion to approve the ordinance on second reading. The motion was
2 of 7
February 23, 2021
seconded by Councilmember Caplan.
The Manager and the Attorney addressed the Council regarding the above ordinance.
The Mayor opened the public hearing. There were no callers present. The Mayor closed
the public hearing.
There was discussion from Council regarding the above ordinance.
The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows:
Councilmembers Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor Davey voting
Yes.
The Clerk read the following ordinance on second reading, by title:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING FERREIRA CONSTRUCTION SOUTHERN
DIVISION CO., INC. FOR THE VILLAGE'S BEACH RENOURISHMENT
MAINTENANCE PROJECT IN AN AMOUNT NOT TO EXCEED $1,836,564;
PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Davey made a motion to approve the ordinance on second reading. The motion was
seconded by Councilmember Moss.
The Manager and the Attorney addressed the Council regarding the above ordinance.
The Mayor opened the public hearing. There were no callers present. The Mayor closed
the public hearing.
Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council
reporting that if 8,000 cubic yards of sand are added to the project this would cost an
additional $414,000 to the Village but would give 6 more feet of berm width which gives
the beach added shoreline protection.
The Attorney addressed the Council recommending amending the ordinance to be clear that a
change order that would exceed the Manager's purchasing authority can be accomplished by a
capital authorizing resolution of the Village Council.
There was extensive discussion from Council regarding the above ordinance.
The Attorney clarified that an amendment to Section 3 will be added to say that any change orders
that exceed the purchasing authority of the Manager to this contract may be approved by the
Village Council by a capital authorizing resolution.
3of7
February 23, 2021
The ordinance, as amended, was adopted on second reading by a 6-0 roll call vote. The vote was
as follows: Councilmembers Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING
ARTICLE II OF CHAPTER 8, "ENVIRONMENT," OF THE VILLAGE CODE OF
ORDINANCES RELATING TO LANDSCAPE IRRIGATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Davey made a motion to approve the ordinance on second reading. The motion was
seconded by Councilmember Caplan.
The Manager and Village Attorneys Chad Friedman and Haydee Sera addressed the Council
regarding the above ordinance.
The Mayor opened the public hearing. There were no callers present. The Mayor closed
the public hearing.
There was extensive discussion from Council regarding the above ordinance.
Councilmember Moss proposed to add to Section 8-54, Subsection (1), (d) the following sentence,
"The Village Manager, or their designee, will not unreasonably refuse or reject alternative schedules."
and to decrease the first violation to $75. There was no objection to Councilmember Moss's proposal.
Dr. Samimy addressed the Council regarding the above ordinance.
The ordinance, as amended, was adopted on second reading by a 6-0 roll call vote. The vote was
as follows: Councilmembers Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
10. RESOLUTIONS: There were no resolutions considered by Council.
11. PUBLIC COMMENTS: There were no residents that addressed the Council.
12. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Village Manager. The Manager addressed the Council reporting on recent police activity, the
reaccreditation of the Key Biscayne Police Department and an update on Covid19 vaccines for
Key Biscayne seniors.
The Manager also reported on the status of the adaptive traffic signals within the Village and that
a representative from Miami -Dade County Traffic will make a report at the next Regular Council
4 of 7
February 23, 2021
Meeting.
The Manager also reported on the status of the EV car charging program.
The Manager addressed the Council regarding an emergency purchase for new pool heaters for the
Community Center and reported on the status of the police department's air conditioning system
and the needed repairs.
The Attorney addressed the Council regarding the above items.
There was discussion from Council regarding the above items.
Mayor and Councilmembers. Councilmember Lauredo addressed the Council regarding the status
of the entry block.
There was discussion from Council regarding the entry block.
Councilmember Lauredo made a motion to authorize the Manager with the assistance of the Village
Attorney to look into the possibility of the entry block for public use and start exploratory
discussions with the owners and report back to Council. The motion was seconded by
Councilmember Caplan and approved by a 5-1 voice vote. The vote was as follows:
Councilmembers Caplan, Lauredo, Moss, Segurola and Vice Mayor London voting Yes. Mayor
Davey voting No.
Councilmember Moss addressed the Council regarding changing the start time of the Council
Meetings and it was the consensus to keep the 6:00 p.m. start time.
Councilmember Moss also addressed the Council regarding consideration for time management
and efficiency of Council Meetings.
There was discussion from Council regarding the above item.
Councilmember Segurola addressed the Council regarding the status of 530 Crandon Boulevard
and moving plans forward.
Mayor Davey addressed the Council regarding the below resolution from the City of Miami Beach.
The Attorney addressed the Council regarding the procedure to approve the below resolution.
Mayor Davey read the following resolution by title:
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, URGING GOVERNOR RON DESANTIS TO PRIORITIZE
THE FOLLOWING GROUPS IN PHASE II OF THE COVID-19 VACCINE
ADMINISTRATION: TEACHERS AND SUPPORT STAFF MEMBERS, POLICE
OFFICERS, AND OTHER FRONTLINE ESSENTIAL WORKERS, AS SPECIFIED BY
5 of 7
February 23, 2021
THE UNITED STATES CENTERS FOR DISEASE CONTROL ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES, INCLUDING FIREFIGHTERS,
CORRECTIONS OFFICERS, PUBLIC TRANSIT WORKERS, CHILD CARE
WORKERS, FOOD AND AGRICULTURAL WORKERS, MANUFACTURING
WORKERS, UNITED STATES POSTAL SERVICE WORKERS, AND GROCERY
STORE WORKERS, AND PERSON WITH MEDICAL CONDITIONS THAT INCREASE
THE RISK OF SEVERE COVID-19, AS CERTIFIED BY A PHYSICIAN.
Councilmember Lauredo made a motion to approve the resolution. The motion was seconded by
Councilmember Caplan and approved by a 6-0 voice vote. The vote was as follows:
Councilmembers Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor Davey voting
Yes.
The Attorney advised the Council to open a public hearing regarding the above resolution that was
just approved.
The Mayor opened the public hearing. There were no callers present. The Mayor closed
the public hearing.
Councilmember Lauredo addressed the Council regarding the Village Manager search.
There was discussion from Council regarding the above item.
The Manager addressed the Council regarding the Village Manager search.
It was the consensus of Council to cancel the March 2"d, 2021 Special Council Meeting regarding
the Meet and Greet for the Village Manager Candidates and to hold this meeting at a future date.
Councilmember Lauredo addressed the Council requesting the Mayor to send letters of
appreciation thanking the City of Miami and Miami -Dade County on the Council's behalf for their
support in enforcing the speed limit on the Rickenbacker Causeway.
It was the consensus of Council to authorize the Mayor to write letters of appreciation to the City
of Miami and Miami -Dade County on the Council's behalf.
Councilmember Segurola addressed the Council that there was a hearing on the complaint for the
General Obligation Bond and the court denied the motion to dismiss.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
13. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business
discussed.
14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
6 of 7
February 23, 2021
events was presented to the Council.
15. ADJOURNMENT: The meeting was adjourned at 8:14 p.m.
Respectfully submitted: _ )_
o 1` o
JocbinCB 1oh
y
Village Clerk
Approved this 9th day of March 2021:
Michael W. Davey
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.
7 of 7