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HomeMy Public PortalAbout04-27-21 H Regular Council Meeting.pdfMINUTES HYBRID REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, APRIL 27, 2021 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Vice Mayor at 6:11 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 (arrived at 6:33 p.m.). Also present were Interim Village Manager Charles R. Press, Village Clerk Jocelyn B. Koch and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: Vice Mayor London led the Pledge of Allegiance. 3. BRIEF COMMENTS BY COUNCIL: Councilmember Caplan addressed the Council stating that Mr. Tony Winton is in attendance in the Council Chamber but a protocol has not been developed yet to allow for in person attendance at the Council Meetings and that other members of the public had wished to attend as well. Councilmember Segurola addressed the Council stating his position had not changed and that Mr. Winton and members of the public should be allowed to attend the Council meeting in person. Also stated a vote was taken at the last meeting to direct the administration to have procedures and the Chamber ready for the public to be able to attend in person. Councilmember Lauredo made a motion that no one is allowed at this meeting in person henceforth that person who is here shall depart this meeting consistent with the rules. The motion died for lack of a second. There was extensive discussion by Council regarding Mr. Winton's attendance. Councilmember Lauredo addressed the Council stating that other media outlets had asked to be allowed in the Council Chamber and have respected the rules and are not in attendance. April27, 2021 The Manager addressed the Council that the administration is trying to fully open the Council Chamber for in person meetings but they are fighting for resources, vendors and a new speaker system in order to make the meetings safe for the Council and the public. There was discussion by Council regarding public attendance and the public bringing cell phones with headphones. Councilmember Segurola made a motion to permit Mr. Winton to stay in the Council Chamber. The motion was seconded by Vice Mayor London. Councilmember Caplan addressed the Attorney asking if other cities had allowed the press to attend in person meetings before the public were allowed to attend in person meetings. The Attorney addressed the Council stating that he was not aware of this circumstance. Councilmember McCormick made a friendly amendment to Councilmember Segurola's motion to allow up to 15 residents to attend the Council Meeting also. Councilmember Segurola accepted the friendly amendment to the motion. Councilmember Moss addressed the Council asking if the Councilmembers in attendance in the Chamber felt safe with Mr. Winton and the public attending the meeting in person. Councilmember Lauredo stated he did not feel safe. Councilmember McCormick addressed the Council that if one Councilmember does not feel safe then she will not support the motion. The Segurola motion failed by a 2-4 roll call vote. The vote was as follows: Councilmember Segurola and Vice Mayor London voting Yes. Councilmembers Caplan, Lauredo, McCormick and Moss voting No. Councilmember Moss addressed the public regarding an incident that occurred over the weekend involving teens and that the case is being investigated by the police so that it does not become systematic on Key Biscayne. The Attorney addressed the public announcing that a public hearing will be held for Item 9A and to please speak on that item when it is heard. 4. PUBLIC COMMENTS: The following residents addressed the Council: Karen Beber, 798 Crandon Boulevard; Michelle Estevez, 425 Grapetree Drive; Angela Rizzi, 101 Crandon Boulevard; Franklin Wimer, 1111 Crandon Boulevard; Louisa Conway, 151 Crandon Boulevard and Marcela Castiglioni, 442 Fernwood Road. 5. AGENDA: Councilmember Lauredo requested the addition of a discussion regarding crimes and vandalism as Item 11B7 and the addition of a discussion regarding red flashing traffic lights on Crandon Boulevard as Item 1188 and requested Vice Mayor London's Item 11B6 be moved up to 11B1. The Vice Mayor did not object to the request. Mayor Davey requested to amend the title of Item 11B6, to a discussion on appointments to Advisory Boards. There was no objection 2of10 April27, 2021 to the agenda changes. 6. SPECIAL PRESENTATION: A presentation was given by Mr. Fausto Gomez with the Key Biscayne Condominium Presidents Council. Councilmember McCormick addressed the Council stating that when the Village last renewed the contract regarding catch basins, the previous administration was directed to work with the vendor to extend the same pricing to the condominiums and that was never executed. There was discussion from Council regarding the above item. A presentation was given by Chief Resilience and Sustainability Officer Dr. Roland Samimy regarding seaweed management options for the Village. There was extensive discussion by Council with Dr. Samimy regarding the above presentation. It was the consensus of Council to direct Dr. Samimy to put out RFP's to address seaweed management. A presentation was given by Fire Rescue Chief Eric Lang regarding Emergency/Debris Management. There was discussion from Council regarding the above presentation and to have multiple options planned and available prior to the start of hurricane season. The Attorney addressed the Council regarding the above presentation. 7. CONSENT AGENDA: Mayor Davey made a motion to approve the consent agenda. The motion was seconded by Councilmember Caplan. Councilmember Caplan requested to amend the minutes of April 6th, 2021 page to fix the spelling of the word primer. Councilmember Lauredo requested to amend the minutes of April 15th, 2021 on page 2. The Clerk will transpose the order of the following two sentences, "Councilmember Caplan made a motion to approve the above item. The motion was seconded by Councilmember Lauredo." and "Mayor Davey suggested a two-year contract with a possible extension for the Village Manager's employment agreement." The minutes of the April 6th, 2021 Regular Council Meeting, as amended. The minutes of the April 15th, 2021 Special Council Meeting, as amended. 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. 3 of 10 April27, 2021 8. ORDINANCES: The Clerk read the following ordinance on second reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING CRITICAL PATH SERVICES, INC. FOR THE CONSTRUCTION OF A PARK LOCATED AT 530 CRANDON BOULEVARD IN AN AMOUNT NOT TO EXCEED $1,387,374; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; 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 Mayor opened the public hearing. There were no callers present. The Mayor closed the public hearing. There was discussion from Council on the naming of the park at 530 Crandon Boulevard. It was the consensus of Council to have a competition for the naming of the park at 530 Crandon Boulevard and for it be open to any resident to submit names but not have the park named after any one person. There was discussion from Council regarding using pervious concrete material in the construction of the park at 530 Crandon Boulevard. Parks and Recreation Director Todd Hofferberth and Building, Zoning, Planning and Public Works Director Jake Ozyman addressed the Council regarding pervious concrete and maintenance. It was the consensus of Council to direct Directors Hofferberth and Ozyman to look into using pervious concrete if possible and if recommended. The Attorney addressed the Council regarding if pervious concrete is recommended, the Manager has the purchasing authority to issue a change order if needed. 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. At this time, the Mayor opened for public comments. Melissa White, 370 Heather Lane addressed the Council. The Mayor closed public comments. At this time, the Manager's report was heard. 4of10 April 27, 2021 The Manager addressed the Council commending Dr. Samimy and his team for the beach renourishment project. The Manager addressed the Council regarding having received very high quotes for the pool deck resurfacing project, Director Hofferberth will be reaching out to other municipalities and will look into better pricing for this project. The Manager addressed the Council regarding the status of an incident that occurred last Saturday evening and that it is a very difficult investigation and the Police Department has made it their highest priority. The Manager addressed the Council reporting on the history of the police handling of juveniles on Key Biscayne and the recent increase in the aggressiveness of juvenile crime and that the same increase is happening in other South Florida communities as well. The Manager stated the Police Department is working hard and has put together a plan to flood the streets in the evenings with officers to address this issue and will be enforcing the County ordinance regarding juvenile curfews. The Manager also addressed the Council regarding a public comment made earlier in the evening and reported on a status history on the case referenced. There was extensive discussion from Council regarding the uptick in juvenile crimes and misbehaviors, parenting and increasing police enforcement within the Village. Councilmember Lauredo made a motion proposing a Special Council Meeting to address the issues of juvenile crimes and policing and to look for solutions along with the community's feedback. The Council discussed the proposed meeting to be an in -person meeting with a hybrid option so the residents can speak in person or call in and to hold the Special Council Meeting on May 17, 2021 in the Key Biscayne Community Center gymnasium at 6:00 p.m. 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. There was additional discussion from Council regarding immediate increased police enforcement and requesting the police be prepared to report on the policy from the State's Attorney's office. The Manager addressed the Council that former Mayor Mayra Lindsay contacted him and offered a public defender to attend this meeting to discuss the ramifications of juvenile behavior and that being cited as a juvenile can stay on one's record throughout their life and the Manager stated he will reach out to the Miami -Dade State Attorney's office so that a prosecutor can attend as well. 5 of 10 April27, 2021 At this time, Item 11B1 was heard. Vice Mayor London addressed the Council reporting on the status of the contract negotiations with the new Village Manager. There was discussion from Council regarding the proposed terms of the contract. The Attorney addressed the Council regarding a resolution needed for the Manager's contract. It was the consensus of Council to have a three-year contract and the first start day to be May 10, 2021 for the new Village Manager and to hold a Special Council Meeting on May 6, 2021 at 6:00 p.m. for the resolution of the Manager's contract. At this time, Mayor Davey recused himself from Item 9A due to a conflict of interest and exited the Chamber. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AFFIRMING THE BUILDING, ZONING, AND PLANNING DIRECTOR'S DETERMINATION THAT AN ADMINISTRATIVE APPEAL WAS UNTIMELY FILED RELATING TO THE ISSUANCE OF PERMITS FOR TELECOMMUNICATION FACILITIES LOCATED AT 210 SEAVIEW DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. The Attorney addressed the Council regarding the above resolution stating that the only item before the Council tonight is whether or not the appeal was timely filed. The Attorney also directed the Clerk to swear in any witnesses giving testimony. The appellate attorney Tucker Gibbs addressed the Council regarding the appeal. The Vice Mayor opened the public hearing. James Leach, 789 Crandon Boulevard and Debbie Martohue, 1036 23rd Ave North, St. Petersburg, attorney representing T -Mobile, addressed the Council after being sworn in by the Clerk. The Vice Mayor closed the public hearing. Attorney Gibbs addressed the Council in a rebuttal. The Attorney addressed the Council regarding the administrative determination, case law and the Village code. 6 of 10 April 27, 2021 There was extensive discussion from Council, attorney Gibbs and the Village Attorney regarding the above resolution. The resolution was approved by a 4-2 roll call vote. The vote was as follows: Councilmembers Caplan, McCormick, Moss and Vice Mayor London voting Yes. Councilmembers Lauredo and Segurola voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT FOR THE REIMBURSEMENT OF HURRICANE ISAIAS EXPENSES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Lauredo made a motion to approve the resolution. The motion was seconded by Councilmember Moss 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 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF A FIRE EQUIPMENT REVENUE BOND, SERIES 2021, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $750,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF A FIRE TRUCK AND PAYING COSTS OF ISSUANCE OF THE BOND; AWARDING THE SALE OF THE BOND TO KEY GOVERNMENT FINANCE, INC.; PROVIDING FOR SECURITY FOR THE BOND; PROVIDING OTHER PROVISIONS RELATING TO THE BOND; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. The Manager addressed the 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. 10. PUBLIC COMMENTS: There were no residents that addressed the Council. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: 7of10 April 27, 2021 Village Manager. The Manager's report was heard earlier in the evening. Mayor and Councilmembers. Mayor Davey addressed the Council regarding creating a stormwater rate task force. There was extensive discussion regarding stormwater, how the task force should be created and the 2040 Strategic Vision Board. Director Ozyman addressed the Council regarding the primary deliverable of a task force would be a recommendation of a methodology on the calculation. It was the consensus of Council to defer the subject of a task force discussion to the next Regular Council Meeting. At this time, the Mayor opened public comments. Mayra Lindsay, 365 Westwood Drive addressed the Council. The Mayor closed public comments. Mayor Davey addressed the Council regarding a workshop on the stormwater system and the next steps. Director Ozyman addressed the Council reporting on the findings of the AECOM first task order for subsequent projects, boundary determinations, sea level rise projections and the level of service required and to plan a series of 4 to 5 stormwater workshops starting in May, 2021. There was extensive discussion from Council regarding the above items. Mayor Davey addressed the Council regarding creating a Teen Advocacy Board comprised of four high school teenagers, two Seniors and two Juniors, and three adults to work with them to advocate for teen programs that would be of teen interest along with a liaison from the Parks and Recreation Department and a liaison from the Fire Department. The Mayor stated he would like to come back with an ordinance to create this board at the next Regular Council Meeting or the one thereafter. There was discussion from Council regarding the ages of the board. Mayor Davey addressed the Council regarding the 4th of July Holiday. There was discussion from Council regarding the July 4th Holiday. It was the consensus of Council to have a 4th of July parade this year but to not have any evening fireworks. There was discussion from Council regarding celebrating the Village's 30th Anniversary and possibly incorporating a firework display at that time if appropriate. Mayor Davey addressed the Council regarding a discussion on appointments to Advisory Boards. 8of10 April27, 2021 Councilmember Lauredo addressed the Council regarding the process of Advisory Board appointments, potential conflicts of interests, possibly having only one board assignment per person and addressing board tenure. There was discussion from Council regarding the above items. Councilmember Lauredo addressed the Council regarding red flashing traffic lights on Crandon Boulevard. Councilmember Moss made a motion to extend the meeting to 11:03 p.m. The motion was seconded by Councilmember McCormick 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. Director Ozyman addressed the Council reporting on the status of red traffic lights on Crandon Boulevard and working with Miami -Dade County. There was discussion from Council regarding the traffic lights. It was the consensus of Council to direct the administration to continue with the process with Miami -Dade County to have the flashing yellow lights be red lights at the crosswalks by the Village Green on Crandon Boulevard. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 11:03 p.m. Respectfully submitted: Ko Jocel}tn B. Ko Village Clerk Approved this 15th day of June 2021: 9of10 Michael W. Davey Mayor 71 IF A PERSON DECIDES TO APPEAL ANY DE, W—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. April 27, 2021 10 of 10