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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