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HomeMy Public PortalAbout04-06-21 H Regular Council Meeting.pdfM IN U T ES H Y BR ID RE G U LA R C O UN CIL M EE TI N G K EY BISCA YN E , FL O RI D A TU ESD A Y , A PRI L 6, 2021 C O UN CIL C H A M BER 560 CRA N D ON B O U L E Y A RD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The m eeting w as called to order by the M ayor at 6:06 p.m . Present w ere C ouncilm em bers Fra nk lin H. Caplan, Luis Laur edo, A llison M cCorm ick, B rett G . M oss, Ignacio Segur ola, V ice M ayor Edw ard London and M ayor M ichael W . D avey. A lso present w ere Interim V ill age M anager C harles R . Press, V illage Clerk Jo celyn B. K och and V ill age A ttorn ey Chad Friedm an. 2. INVOCATION: Pastor Denn is Easting w ith the K ey B iscayne Com m unity Chur ch w as unable to give an invocation due to an audio issue. 3. PLEDGE OF ALLEGIANCE: M ayor Davey led the Pledge of A llegiance. 4. BRIEF COMMENTS BY COUNCIL: C ouncilm em bers M oss and M cCorm ick, Vice M ayor London and M ayor Davey addressed the C ouncil and the public thank ing Chief Press fo r his great w ork as Interim V ill age M anager and fo r his 17 years of loyal and dedicated service as our Police C hief and fo r alw ays being there fo r the V illage of K ey Biscayne; Councilm em ber M oss also addressed the C ouncil stating the April 5th, 2021 Sunshine M eeting w ith Councilm em ber L aur edo w as a great step in the right direction and that his intention had been to exhaust all the V illage M anager candidate options especially since one of the five final candidates had recently w ithdra w n; V ice M ayor London also addressed the Council stating that he had attended the Sunshine M eeting and it w as a pleasur e to observe the civil discour se and to see both C ouncilm em bers M oss and Laur edo understanding each other. Councilm em ber Laur edo addressed the Council stating that the spirit of the Sunshine M eeting w as one of m oving fo rw ard together in unity, integrity and w as a highpoint of his tw o-year service to the V illage; C oun cilm em ber C aplan and M ayor D avey addressed the C ouncil stating that Council should Ap r il 6, 2 0 2 1 always scrutinize the sources of division and do all that Council can to reduce distrust and that the Sunshine Meeting was a nice reconciliation. 5. PUBLIC COMMENTS: The following residents addressed the Council: Tony Winton, 121 Crandon Boulevard; Louisa Conway, 151 Crandon Boulevard; Alan Fein, 525 Allendale Road; Marcela Castigliano, 442 Fernwood Road; Laudy Ibarra, 482 Fernwood Road and Michelle Estevez, 260 Crandon Boulevard. At this time, Councilmember Lauredo made a motion to reaffirm the Mayor's ruling, prior to the start of the meeting for no press or public to be present physically in the Council meeting, subject to the Council-set rules, relative to public attendance, that the Council is bound by those rules which apply to the public and to the press and that alternative accessibility is available to all. Councilmember Caplan seconded the motion. There was discussion from Council regarding the above motion. The Attorney addressed the Council regarding the above motion. Councilmember Segurola made a motion to direct the administration to prepare for open public meetings as best as possible following CDC guidelines for the next meeting on April 271\ 2021. The motion was seconded by Mayor Davey. Councilmember Segurola made a motion to allow Tony Winton, who is standing outside the Council Chamber, to attend the Council meeting. The motion was seconded by Mayor Davey. The Lauredo motion was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Vice Mayor London and Mayor Davey voting Yes. Councilmember Segurola voting No. The first Segurola motion 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. Councilmember Segurola withdrew his second motion. 6. AGENDA: Mayor Davey requested the addition of a discussion regarding Saturday night's vandalism as Item 12B6 and Councilmember Lauredo requested the addition of a discussion regarding the five million dollar infusion of money coming from the U.S. Federal Government's rescue plan as Item 12B7. Councilmember Lauredo requested a discussion or the deletion of Item 12B3. There was discussion from Council regarding the agenda changes. Councilmember Lauredo withdrew his request for the deletion ofltem 12B3. 2of8 Ap ril 6, 2021 The Attorney addressed the Council regarding the request from Village Staff to defer Item 1 OB to a date certain of April 27, 2021. Mayor Davey requested to recuse himself on the voting of the deferral of Item 1 OB due to a conflict of interest and requested the vote for the first two agenda addition items and then a vote on the deferral ofltem 10B. 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. Councilmember Lauredo made a motion to defer Item 1 OB to the April 27th, 2021 Regular Council Meeting. The motion was seconded by Councilmember Caplan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola and Vice Mayor Moss voting Yes. 7. SPECIAL PRESENTATION: A presentation was given by Mr. Moises Ariza with Marcum LLP regarding the Accountants Reference: Village of Key Biscayne Audit. There was discussion from Council regarding the above presentation. Councilmember Lauredo addressed the Council requesting if Vice Mayor London, with the assistance of Chief Financial Officer Benjamin Nussbaum, could produce an executive summary regarding the above presentation for Council's review and benefit. Vice Mayor London had no objection to the request. 8. CONSENT AGENDA: Councilmember Caplan made a motion to approve the consent agenda. The motion was seconded by Councilmember Lauredo. Councilmember Segurola requested to amend the minutes of March 9th, 2021 page 7 to add the following sentence: Councilmember Segurola addressed the Council objecting to the appointments. The minutes of the March 9th, 2021 Regular Council Meeting, as amended. The minutes of the March 301'\ 2021 Special 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. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING RAFTELIS FINANCIAL CONSULTANTS, INC. TO PERFORM THE VILLAGE'S STORMWATER UTILITY RA TE STUDY PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2021-03 IN AN AMOUNT NOT TO 3 o/8 April 6, 2021 EXCEED $80,000.00; PROVIDING FOR AUTHORIZATION; 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. 9. ORDINANCES: The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-192 "REQUIRED SIGNS" OF THE VILLAGE CODE OF ORDINANCES, RELATING TO ADDRESS NUMERALS ON WATERFRONT PROPERTIES; PROVIDING FOR SEVERABILITY~ PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Caplan. 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 Manager addressed the Council regarding the above ordinance. The ordinance was adopted on second 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 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. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. The Attorney addressed the Council regarding the above resolution and for the Clerk to swear in any witnesses giving testimony. The Mayor opened the public hearing. There were no callers present. The Mayor closed the public hearing. 4 of8 April 6, 2021 There was extensive discussion from Council regarding the W aiver of Plat. Ms. Michelle Tapanes, attorney for the property owner of 960 Harbor Drive, addressed the Council regarding the W aiver of Plat. The Attorney addressed the Council stating that Ms. Tapanes is advocating and not testifying so there is no need for her to be sworn in. The resolution was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Caplan, McCorm ick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. Councilmember Lauredo voting No. 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 a brief history of the 530 Crandon Boulevard project. Parks and Recreation Director Todd Hofferberth addressed the Council reporting on the 530 Crandon Boulevard project status and the revised cost estimate of $1,312,374. There was discussion from Council regarding the project status, project details and the different scopes of work. Councilmember McCorm ick addressed Director Hofferberth regarding the undergrounding of powerlines along the property line with the SunTrust bank and adding this in the proposal. It was the consensus of Council to include the additional cost of $75,000 for the undergrounding of powerlines along the property line with the SunTrust Bank to the project. Director Hofferberth addressed the Council stating he will give an updated timeline regarding the above project at the next Regular Council Meeting. The Attorney addressed the Council regarding a second reading of the ordinance being needed in order for Council to proceed on the 530 Crandon Boulevard project. It was the consensus of Council to bring the second reading of the ordinance for the 530 Crandon Boulevard project at the next Regular Council Meeting. The Manager addressed the Council regarding the Calusa Park Interlocal Agreement. Director Hofferberth addressed the Council on the history of the Interlocal Agreement with Miami-Dade County and that the agreement expires in September 2021 and that staff is requesting a 10-year extension. 5 o/8 Ap ril 6, 2021 There was discussion from Council regarding the above item and the required deadlines for renegotiations. The Manager addressed the Council requesting that the Calusa Park Interlocal Agreement renegotiations be handled by the next Village Manager and introduced Chief Resilience and Sustainability Officer Dr. Roland Samimy who will speak to the status of beach renourishment project and Fire Rescue Chief Eric Lang on the Home Bound Mobile Vaccine Program status. Dr. Samimy addressed the Council reporting on the status of the beach renourishment project. Chief Lang addressed the Council reporting on the Homebound Mobile Vaccine Program status. Mayor and Councilmembers. Vice Mayor London addressed the Council regarding the role of Council, residents and advisory committees in relationship to the Village employees. Vice Mayor London addressed the Council regarding additional paddleboard stations at the entrance to Oceana. Phillipe Jauregui, 201 Galen Drive and representing P ADL addressed the Council reporting on the status of paddleboard rentals at the beach park and proposing two new rental locations next to Oceana. There was discussion from Council regarding the paddleboard stations and the kiteboarding access point north of Oceana and for Mr. Jauregui and PADL to reach out to the kiteboarding community. Dr. Samimy addressed the Council regarding kiteboarding, paddleboards and the beach access point. It was the consensus of Council to move forward with adding paddleboard rental locations within the Village as long as there is not an interference with the kiteboarders' access on the north side of Oceana nor an issue with the Oceana easements. The Attorney addressed the Council regarding the easement agreement. Mayor Davey addressed the Council regarding appointments to the Strategic Vision Plan Board. Mayor Davey appointed 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. Mayor Davey reminded residents that even if you are not appointed to this board or any other board you have every right as a resident to attend and participate in these meetings. 6 o/8 April 6, 2021 There was extensive discussion from Council regarding the above appointments. It was the consensus of Council to approve the nominations to the Strategic Vision Plan Board. Councilmember Moss addressed the Council and staff regarding extending the review time of materials for Zoning/Quasi-Judicial items placed on the agenda. There was extensive discussion from Council regarding the above item and the processes and procedures. The Attorney addressed the Council regarding procedures for Zoning/Quasi-Judicial items. Councilmember McCormick addressed the Attorney requesting clarification on Council's role in Zoning/Quasi-Judicial items. It was the consensus of Council to direct the Attorney to prepare a primer for Council on what the quasi-judicial role and responsibility is as distinct from Council's regular functionality in order to be grounded in the due process requirements. It was the consensus of Council to request that staff send to Council the required back up information on any Zoning or Quasi-Judicial items 12 days in advance of the Council meeting in order to give proper review time of the materials. Councilmember Moss addressed the Council on the Village Manager search requesting clarification on the next steps in the process. There was extensive discussion from Council regarding the Village Manager search. It was the consensus of Council to hold a Meet and Greet for the residents with the Village Manager candidates on Tuesday, April 13th, 2021 at 6:00 p.m. at the Monaco Reflecting Pools and to hold a Special Council Meeting on Thursday, April 15th, 2021 at 6:00 p.m. to select the Village Manager. It was the consensus of Council to submit to the Clerk via email each Councilmember's number #1 and number #2 pick for Village Manager by 5:00 p.m. on Thursday, April 15th, 2021. There was discussion from Council on the voting process in case there is a tie and that there may need to be several rounds of voting via email sent to the Clerk during the Council meeting. The Attorney addressed the Council regarding the voting process. Mayor Davey addressed the Council regarding Saturday night's vandalism and that the individuals involved will need to be found and held accountable. Councilmember Lauredo addressed the Council regarding the five million dollars available from the U.S. Federal Government's rescue plan. 7of8 April 6, 2021 Vice Mayor London addressed the Council regarding Hampton Park and requesting that Council visit the Park to see its current poor condition before the next Regular Council Meeting. The Council congratulated Councilmember Lauredo on his impending nuptials tomorrow. 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. Respectfully submitted: ~o~O-koch JoclynB.h Village Clerk -'1 fr Approved this ~th day of April Michael W. Davey Mayor 2021: IF A PERSON DECIDES TO APPEAL ANY DECISION MA DE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MA Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MA DE, WHICH RE CORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 80/8