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HomeMy Public PortalAbout03-09-21 H Regular Council Meeting.pdfM IN U T E S H Y B R ID REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, MARCH 9, 2021 COUNCIL CHAMBER 560 CRANDON BOULEY ARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Franklin H. Caplan, Luis Lauredo, Allison McCormick, Brett G. Moss, Ignacio Segurola, Vice Mayor Edward London and Mayor Michael W. Davey. Also present were Interim Village Manager Charles R. Press, Village Clerk Jocelyn B. Koch and Village Attorney Chad Friedman. 2. INVOCATION: Rabbi Avremel Caroline, Chabad of Key Biscayne gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance. 4. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public thanking Parks and Recreations Director Todd Hofferberth and his staff and Parks and Recreations employee, Richard Perez, for their work with the Key Biscayne Community Foundation in assisting residents with transportation for Covid 19 vaccinations; also thanked Chief Resilience and Sustainability Officer Dr. Roland Samimy and Building, Zoning and Planning Director Jake Ozyman and the Manager for the beach renourishment project and addressed the public regarding the challenges involved with this project and reported that the staff is doing their best with the least amount of intrusion possible and reminded the public of the no dogs allowed on the beach ordinance except leashed service dogs and wished a Happy Birthday to his wife and wished all residents a Happy St. Patrick's Day; Councilmember McCormick wished a Happy 17th Birthday to her son Tommy. 5. PUBLIC COMMENTS: The following resident addressed the Council: Don Elisburg, 177 Ocean Lane Drive. March 9, 2021 6. AGENDA: Mayor Davey requested the addition of a special presentation by former Councilmember Luis de la Cruz on the Strategic Vision Plan Board as Item 7 A; Councilmember Lauredo requested to defer Item 1 OB to the next Regular Council Meeting and Councilmember Moss requested the addition of a discussion item on the Village Manager Search Process as Item 12B5. There was discussion from Council regarding the deferral of Item lOB. The Attorney addressed the Council regarding the deferral Item lOB. Ms. Michelle Tapanes, attorney for the property owner of 960 Harbor Drive, addressed the Council. Councilmember Lauredo withdrew his request to defer Item 1 OB. There was no objection to the withdrawal. The agenda, as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. At this time, the Attorney addressed the Council requesting an Executive Session to be scheduled regarding Case #2019-030802-CA-01 Amelia Viciana Francisco and Blas Manuel Minarro Martinez vs. Village of Key Biscayne. Mayor Davey set the date of the Executive Session for April 6th, 2021 at 5:30 p.m. 7. SPECIAL PRESENTATIONS: A presentation was given by former Councilmember Luis de la Cruz regarding the Strategic Vision Plan Board. 8. CONSENT AGENDA: Councilmember Caplan made a motion to approve the consent agenda. The motion was seconded by Mayor Davey. Councilmember Lauredo requested to amend to the minutes of February 23rd, 2021 page 6 to clarify the following sentence to read: 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. The minutes of the June 30th, 2020 Special Council Meeting. The minutes of the February 23rd, 2021 Hybrid Regular Council Meeting, as amended. 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. 2of9 March 9, 2021 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"), PROVIDING FOR RATIFICATION OF THE 2020-2023 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE KEY BISCAYNE PROFESSIONAL FIREFIGHTER'S ASSOCIATION, LOCAL 3638, FOR THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S FIREFIGHTERS / PARAMEDICS, DRIVER ENGINEERS AND FIRE LIEUTENANTS, AND THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S FIRE CAPTAINS; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"), PROVIDING FOR RATIFICATION OF THE 2020-2023 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, FOR THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S POLICE LIEUTENANTS; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"), PROVIDING FOR RATIFICATION OF THE 2020-2023 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE KEY BISCAYNE POLICE OFFICER'S ASSOCIATION, LOCAL 6023, FOR THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S POLICE OFFICERS AND SERGEANTS; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"), PROVIDING FOR RATIFICATION OF THE 2020-2023 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, FOR THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S GENERAL EMPLOYEES; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE AND 3 of9 March 9, 2021 TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. The consent agenda, as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. At this time, the Manager addressed the Council introducing Union Presidents Lieutenant Dan Feeney with the Key Biscayne Fire Department and Lieutenant Danny Valdes with the Key Biscayne Police Department. Lieutenant Feeney addressed the Council regarding the Council's approval of the bargaining agreements. Lieutenant Valdes was unable to speak due to internet issues, so the Manager spoke on behalf of the police department and the civilian union thanking the Council and residents for their support. 9. ORDINANCES: The Clerk read the following ordinance on first reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING THE PURCHASE OF A PIERCE ENFORCER PUC PUMPER FIRE TRUCK AND RELATED EQUIPMENT FROM TEN-8 FIRE & SAFETY, LLC IN AN AMOUNT NOT TO EXCEED $750,000; AUTHORIZING THE ISSUANCE OF A FIRE EQUIPMENT REVENUE BOND OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $750,000, FOR THE PURPOSE OF FINANCING THE PURCHASE OF THE FIRE TRUCK; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF THE BOND; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH BANKS FOR PURCHASE OF THE BOND; DECLARING CERTAIN FIRE RESCUE EQUIPMENT AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Mayor Davey made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Caplan. The Manager addressed the Council regarding the above ordinance. Fire Rescue Chief Eric Lang and Chief Financial Officer Benjamin Nussbaum addressed the Council regarding the above ordinance. There was discussion from Council regarding the above ordinance. It was the consensus of Council to hold a Special Council Meeting on March 301\ 2021 for the second reading of the above ordinance. 4 of 9 March 9, 2021 The Mayor opened the public hearing. There were no callers present. The Mayor closed the public hearing. The Attorney addressed the Council that since this is a capital authorizing ordinance, the Clerk will mail out postcards to the electors pursuant to the Charter. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. 10. RESOLUTIONS: The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF EIGHT VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. IN AN AMOUNT NOT TO EXCEED $300,000; PROVIDING FOR AUTHORIZATION; DECLARING CERTAIN VEHICLES AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Mayor Davey. The Manager and Mr. Nussbaum addressed the Council regarding the above resolution. Deputy Police Chief Jason Younes addressed the Council regarding the above resolution. There was discussion from Council regarding the above resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A WAIVER OF PLAT FOR PROPERTY LOCATED AT 960 HARBOR DRIVE; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Vice Mayor London. The Attorney addressed the Council regarding the above resolution. 5 o/9 March 9, 2021 All witnesses given testimony were sworn in by the Clerk. Director Ozyman addressed the Council giving testimony regarding the above Waiver of Plat. Ms. Tapanes addressed the Council giving testimony and a presentation regarding the Waiver of Plat. 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 resolution. Councilmember Lauredo made a motion to defer the resolution to the April 6t11, 2021 Regular Council Meeting. The motion was seconded by Mayor Davey and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A CHANGE ORDER TO THE AGREEMENT WITH FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. FOR THE VILLAGE'S BEACH RENOURISHMENT MAINTENANCE PROJECT IN AN AMOUNT NOT TO EXCEED $413,436; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. The Manager and Dr. Samimy addressed the Council regarding the beach renourishment project. There was extensive discussion from Council regarding the above resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. 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 beach renourishment project status, quarterly Covidl 9 reports going forward and the Key Biscayne Community Center pool interior and deck resurfacing project. 6 o/9 March 9, 2021 The Manager also reported regarding animal control on the beach and the Fish and Wildlife Commission regarding crocodiles on Key Biscayne. The Manager addressed the Council regarding the entry block status. There was discussion from Council regarding the above items. At this time, the Mayor opened for public comments. There were no callers present. The Mayor closed public comments. Mayor and Councilmembers. Mayor Davey addressed the Council regarding the Strategic Vision Plan Board. Mayor Davey addressed the Council appointing the following residents to the Strategic Vision Plan Board: Matt Bramson, Luis de la Cruz, Robert Duzoglou, Mario Garcia-Serra, Lucia Marin, Thomas McCormick and Jorge Mendia. There was extensive discussion from Council regarding the appointments. Councilmember Segurola addressed the Council objecting to the appointments. The Attorney addressed the Council regarding the above item. Councilmember Lauredo made a motion to defer the approval of the Strategic Vision Plan Board appointees to the March 3011\ 2021 Special Council Meeting. The motion was seconded by Councilmember Caplan. Mayor Davey withdrew his nominations for the Strategic Vision Plan Board and deferred the item to the March 30th, 2021 Special Council Meeting. It was the consensus of Council to send a notice via the Village Connect newsletter notifying residents who are interested in being on the Strategic Vision Plan Board to contact the Mayor or the Clerk. Councilmember Lauredo addressed the Council regarding the need for a review of all advisory board appointments and for each Council liaison to report at the April 27th, 2021 Regular Council Meeting on the inventory of each of their respective boards. Councilmember Moss addressed the Council regarding assigning board liaisons at the April 2711\ 2021 Regular Council Meeting. Councilmember McCormick addressed the Council regarding beach maintenance and requested that the Manager and Dr. Samimy put together ideas and numbers for a beach maintenance policy or plan regarding the bacterium and sargassum issues before the season begins. There was discussion from Council regarding the above item. 7of9 March 9, 2021 It was the consensus of Council to direct Dr. Samimy to prepare a presentation for a beach maintenance plan for the April 27th, 2021 Regular Council Meeting. Councilmember Lauredo addressed the Council regarding boat noise and misbehavior in the residential bayfront area of Key Biscayne. The Manager addressed the Council recommending the possibility of an Interlocal Agreement with Miami-Dade County and creating a stricter noise and nuisance ordinance for the April 6th or the April 27th, 2021 Regular Council Meeting. There was discussion from Council regarding the above item. Councilmember Moss addressed the Council regarding the Village Manager search process. It was the consensus of Council that the Village Manager consultants' reports be distributed to Council as soon as they arrive. There was discussion from Council regarding the Village Manager search. The Manager addressed the Council regarding the Village Manager search. It was the consensus of Council for the Village Manager consultants to give presentations at the March 30th, 2021 Special Council Meeting. 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 events was presented to the Council. 15. ADJOURNMENT: The meeting was adjourned at 8:43 p.m. R esp ectfully subm itted: 9.;:; 1.~ 'b- ~ Villag e Clerk Approved this 6th day of A pril 2021: 8of9 Ma rch 9, 202 1 IF A PERS O N D E CID ES T O A PPEA L A N Y D E CISIO N MA D E B Y THE VIL L A GE C O UN CIL WI TH R ESPE C T TO A N Y MA T TER C O NSID ER ED A T A MEE TIN G O R HEA R IN G, THA T PER S ON WIL L NEED A R E C O RD O F THE PR O CEED IN GS A ND , FOR S U CH P URP O SE, MA Y NEED T O ENS UR E THA T A VER BA TIM R E C O RD O F THE PR O CEED IN G S IS MA D E, WHICH R E C ORD IN CL UD ES THE TES TIM O N Y A ND E VID EN CE UP O N WHICH THE A PPEA L IS T O B E BA SED . 9 of 9