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HomeMy Public PortalAbout10-27-20 Virtual Regular Council Meeting.pdfMINUTES VIRTUAL REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 27, 2020 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:02 p.m. Present were Councilmembers Luis Lauredo, Edward London, Allison McCormick, Kathleen Petros, Ignacio Segurola, Vice Mayor Brett G. Moss and Mayor Michael W. Davey. Also present were Village Manager Andrea Agha, Village Clerk Jocelyn B. Koch and Village Attorney Chad Freidman. 2. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance. 3. BRIEF COMMENTS BY COUNCIL: Mayor Davey, Councilmembers Lauredo, London, McCormick and Vice Mayor Moss thanked Councilmember Petros for her hard work, diligence, integrity and years of service to the community; Councilmember Lauredo, London, McCormick and Vice Mayor Moss addressed their concerns over the lack of civility and divisive nature regarding our island politics and that it is not good for the community. Councilmember Petros thanked the Council and Manager for being great partners and this having been a great experience for her. Councilmember McCormick wished Councilmember Lauredo a Happy Birthday. 4. PUBLIC COMMENTS: The following resident addressed the Council: Louisa Conway, 151 Crandon Boulevard. 5. AGENDA: Mayor Davey requested to add a special presentation by Glenn Waldman with an update on the Village Athletic Advisory Board; Councilmember London requested the addition of a discussion item for a Manager Search Committee as Item 10A2; Councilmember Lauredo requested to hear Councilmember London's addition Item 10A2 and Item 11A Village Manager Recruitment immediately after the Consent Agenda. There was no objection to the agenda changes. 6. SPECIAL PRESENTATIONS: A special presentation was given by Glenn Waldman with an update on the Village Athletic Advisory Board. It was the consensus of Council to give authority to the Manager, Todd Hofferberth Parks and Recreations Director and Mr. Waldman to have exploratory talks only with Crossbridge regarding 1 of 8 October 27, 2020 using a portion of their driveway for recreation and relocating the basketball court lights from St. Agnes Catholic Church. A special presentation was given by Professor Helena Solo-Gabriele, Ph.D., P.E. and Afeefa Abdool-Ghany, a PhD student regarding a University of Miami Bacterium Report "Evaluating Potential Sources of Enterococci to Key Biscayne Beach". There was discussion from Council regarding the above presentation and the integrated sand, concerns for public safety and possible future actions to be taken by Council. It was the consensus of Council to direct the Manager to find out what it would cost and what the procedure would be to monitor the sand so that the Council could have an idea of what is happening and then address the situation if the bacterium levels go above the recommended safe amounts and that the current plan of integrated sand is not working. 7. CONSENT AGENDA: Councilmember Lauredo requested to remove Items 7A, 7B, 7E and 7G from the Consent Agenda. Councilmember Lauredo made a motion to approve the following Consent Agenda. The motion was seconded by Mayor Davey and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. The minutes of September 10th, 2020 Virtual Workshop. The minutes of September 10th, 2020 Virtual Special Council Meeting. The minutes of September 29th, 2020 Virtual 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 VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND RATIFYING MEMORANDA OF UNDERSTANDING WITH THE KEY BISCAYNE PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 3638 AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL- CIO RELATING TO A ONE -PERCENT COVID-19 HAZARDOUS PAY SUPPLEMENT UTILIZING CARES ACT FUNDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND RATIFYING MEMORANDA OF UNDERSTANDING WITH THE KEY BISCAYNE PROFESSIONAL FIREFIGHTERS 2 of 8 October 27, 2020 ASSOCIATION LOCAL 3638 AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO RELATING TO A ONE-TIME COVID-19 LUMP SUM BONUS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. At this time, the items removed from the Consent Agenda were heard. Councilmember Lauredo requested to make the following changes to the minutes of August 25th, 2020 Virtual Regular Council Meeting; on page 1, in the last paragraph to add "2040" to Vision Plan Board; on page 7, in the second paragraph to add assessment of "internal village government" staffing capabilities relevant to this scope "and work"; and in the 6th paragraph to add "and only if the work cannot be done internally" to Councilmember London's motion. Councilmember London had no objection to the amendment to his motion. Councilmember Lauredo requested to make the following changes to the minutes of September 8th, 2020 Virtual First Budget Hearing; on page 3 in the fifth paragraph for the Manager and the Clerk to work together to clarify the sentence regarding state and local lobbying consultants and less reliance on total contracted services by $259,000. Councilmember Lauredo requested to make the following change to the minutes of October 13th, 2020 Virtual Regular Council Meeting; on page 3 in the last paragraph, to add the sentence "Council directed the Manager not to proceed without further direction." Councilmember Segurola requested to make the following changes to the minutes of August 25th, 2020 Virtual Regular Council Meeting; on page 2 after the 5th paragraph, to add the sentence "Councilmember Segurola initiated a discussion that the Village had to reach out to the condominiums regarding the effects of the ordinance before it was brought for second reading."; on page 5 after the sixth paragraph, to add the sentence, "Councilmember Segurola asked for clarification that the adoption of this resolution did not trigger any action or expenditures by the Village." Councilmember Segurola and the Council requested for the Clerk to review the portion of the meeting regarding the storm water rate study and add clarification to the minutes of the October 13th, 2020 Virtual Regular Council Meeting. Mayor Davey made a motion to approve the minutes of September 22' ", 2020 Virtual Budget Hearing. The motion was seconded by Councilmember Petros and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. At this time, Items 10A2 and 11A were heard. There was extensive discussion by Council regarding the above Items. It was the consensus of Council to not form a Manager Search Committee and for Council to 3 of October 27, 2020 review the candidate's resumes received and at the next Regular Council Meeting to have a decision to move forward with one of the candidates or to hire a search firm. 8. ORDINANCES: The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $11,300,000 OF CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FOR THE PURPOSE OF REFUNDING SEVERAL SERIES OF OUTSTANDING BONDS IN ORDER TO ACHIEVE DEBT SERVICE SAVINGS; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH BANKS FOR PURCHASE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. Mayor Davey made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Lauredo. The Manager addressed the Council regarding the above ordinance. There was discussion from Council regarding the above ordinance. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. The second reading will be on November l7te, 2020. The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING A FINANCIAL OVERSIGHT BOARD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Moss made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember McCormick. There was extensive discussion from Council regarding the above ordinance. Vice Mayor Moss voluntarily withdrew the ordinance and bring it back at the next Regular Council Meeting or a future date. The Clerk read the following ordinance on first reading, by title: 4 of 8 October 27, 2020 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2-251, "CREATION, COMPOSITION, AND QUALIFICATIONS" RELATING TO PARKS AND OPEN SPACE ADVISORY BOARD MEMBER QUALIFICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Lauredo made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Petros. There was extensive discussion from Council regarding the above ordinance. The Attorney addressed the Council regarding the above ordinance. Vice Mayor Moss made an amending motion that board members are required to be residents of the Village. Councilmember Segurola seconded the motion and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. The ordinance, as amended, was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. The Council directed the Attorney to amend any ordinance that did not specify that all board members are required to be residents of the Village and for it to be heard at the next Regular Council Meeting. At this time, the Manager's Report was heard. Village Manager. The Manager requested in the interest of expediency, if the Council had any additional questions regarding Items 10D1 and 10D2. Chief Press addressed the Council on the Police and Fire department's participation in "Movember" in order to raise awareness for men's cancer. Chief Press also addressed the Council regarding Halloween and Covid 19 concerns regarding traditional trick or treating. Councilmember Lauredo made a motion that the Manager issue an executive order and distribute this quickly for the welfare of the residents. The motion was seconded by Mayor Davey. There was extensive discussion by Council regarding the above motion. The motion was withdrawn and it was the consensus of Council not to have the Manager issue an executive order but to have the Attorney and Chief Press work on the wording for an advisory and 5 of 8 October 27, 2020 advertise the advisory via the VMS board at the entrance to the Village. Councilmember McCormick requested the Manager advertise the Covid19 safe Halloween house decorating sponsored by the KB Community Foundation. Chief Press addressed the Council regarding speeding, auto thefts and the development of an emergency access traffic plan in the event of a serious incident on Rickenbacker Causeway. 9. RESOLUTIONS: The Clerk read the following resolution by title: A CAPITAL AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING FLORIDA ENGINEERING AND DEVELOPMENT CORP. FOR THE FERNWOOD ROAD PARKING AND DRAINAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $370,000; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Lauredo made a motion to approve the resolution. The motion was seconded by Councilmember Segurola. There was discussion by Council regarding the synthetic turf parking and the Zoning Code. The Manager addressed the Council regarding that this resolution does not include the EV car charging stations. Jake Ozyman Building, Zoning & Planning Director addressed the Council on the permeable paving system which is composed of fine gravel and not crumb rubber and then a synthetic green turf on top and that the turf is not a violation of the Village's current Zoning Code. The resolution was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola and Mayor Davey voting Yes. Vice Mayor Moss voting No. The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF POLICE BODY -WORN CAMERA EQUIPMENT, DATA STORAGE, AND RELATED MAINTENANCE AND TECHNICAL SERVICES FROM AXON ENTERPRISE, INC. IN AN AMOUNT NOT TO EXCEED $190,078 OVER A FIVE-YEAR PERIOD; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Petros made a motion to approve the resolution. The motion was seconded by Councilmember Lauredo. 6of8 October 27, 2020 There was discussion by Council regarding this resolution. The Manager and Chief Press addressed the Council regarding the above resolution. The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Davey requested the Attorney address the Council on a plan for a Hybrid Council Meeting due to the governor's emergency order for virtual meetings expires November ls`, 2020. The Attorney addressed the Council on three different options: 1.) all the Councilmembers attend the meeting in person; 2.) a hybrid meeting with four councilmembers present to establish a quorum and the remaining three Councilmembers attending remotely via Zoom; 3.) challenge the Home Rule and continue Virtual Council Meetings. There was discussion by Council regarding the different meeting formats. Councilmember Lauredo made a motion to empower the Mayor and the Attorney to decide on the appropriate meeting format for the next Regular Council Meeting. The motion was seconded by Councilmember McCormick and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager's Report was heard earlier in the evening. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 13. ADJOURNMENT: The meeting was adjourned at 9:07 p.m. Respectfully submitted: 90"6)- 7 of 8 October 27, 2020 Jocelyn B. Koch Village Clerk Approved this 17th day of November, 2020: /<J)1/ 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. 8 of 8