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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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