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HomeMy Public PortalAbout12-08-20 Hybrid Regular Council Meeting.pdfMINUTES HYBRID REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 8, 2O2O 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:10 p.m. Present were Councilmembers Franklin H. Caplan, Luis Lauredo, Allison McCormick (anived at 6:38 p.m.), Brett G. Moss, Ignacio Segurola, Vice Mayor Edward London and Mayor Michael W. Davey. Also present were Village Manager Andrea Agha, Village Clerk Jocelyn B. Koch and Village Attomey Chad Friedman. 2. INVOCATION: Pastor Dennis Eastling, Key Biscayne Community Church gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance. 4. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public wishing them Happy Holidays and reminded residents to follow Covidlg precautions by social distancing, wearing facial coverings and washing your hands and Councilmember Caplan addressed the public congratulating the participants in the NBC Today Show featuring Key Biscayne and the Auguste family from the Bahamas. 5. PUBLIC COMMENTS: The following residents addressed the Council: Alejandro Serrano, 784 Ridgewood Road; Patricia Romano, 361 Beechwood Drive; Michelle Estevez,798 Crandon Boulevard; Steve Simon, 335 Harbor Lane and Julie Dick, 151 Crandon Boulevard. 6. AGENDA: Mayor Davey requested the addition of an update on enforcement of the Miami-Dade County mask mandate as Item IlA2 and an update on the CARES Act Funding as Item 1143; Councilmember Lauredo requested to defer Item 10B to the next Regular Council Meeting and to add a discussion item regarding Advisory Boards as Item IIA4 and Councilmember Moss requested to add a discussion'item on moving the Farmer's Market temporarily to the park at 530 Crandon as Item 11A5. December 8, 2020 Councilmember Caplan made a motion to approve the agenda changes. The motion was seconded by Councilmember Lauredo and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. 7. SPECIAL PRESENTATIONS: A presentation was given of a legislative appropriation of $200,000 by State Representative Nick Duran and State Senator Ileana Garcia for the park at 530 Crandon. 8. CONSENT AGENDA: Mayor Davey made a motion to approve the following consent agenda. The motion was seconded by Councilmember Caplan. The minutes of the November l7th,2020 Hybrid Regular Council Meeting. The minutes of the November 23'd,2020 Hybrid Workshop. 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 ALL WEBBS ENTERPRISES, INC. FOR WELL MAINTENANCE AND CLEANING SERVICES PURSUANT TO INVITATION TO BID NO. 2020.61 IN AN AMOT]NT NOT TO EXCEED $283,800 FOR AN INITIAL THREE YEAR PERIOD WITH THE OPTION FOR TWO ADDITIONAL ONE.YEAR TERMS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE T]NIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON-AD VALOREM ASSESSMENTS FOR SOLID WASTE FEES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 197.3632, F.S. THROUGHOUT THE INCORPORATED AREA OF THE VILLAGE: PROVIDING F.OR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE UNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON-AD VALOREM ASSESSMENTS FOR STORMWATER SERVICES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 197.3632, F.S. THROUGHOUT THE INCORPORATED AREA OF THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COLTNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AII INTERGOVERNMENTAL COOPERATION 2 of 9 December 8, 2020 AGREEMENT BY AND AMONG THE MIAMI-DADE COTINTY PROPERTYAPPRAISER AND THE MIAIVtr.DADE COT]NTY TAX COLLECTOR FOR THE UTILIZATION OF THE UNIFORM METHOD OF TAX COLLECTION FOR NON.AD VALOREM SPECIAL ASSESSMENTS RELATING TO STORMWATER UTILITY AND SOLID WASTE AND RECYCLING FEES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EF.FECTTVE DATE. A CAPITAL AUTHORIZING RESOLUTION OF THE VILLAGE COTJNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING SUN EAGLE GENERAL CONTRACTORS CORPORATION FOR THE LAKE PARI( GAZEBO IMPROVEMENTS PROJECT IN AN AMOT]NT NOT TO EXCEED $66,000; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. The consent agenda was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. 9. ORDINANCES: There were no ordinances considered by Council on first reading. The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2-62, "COLLECTION; LATE PAYMENT CHARGE, SPECIAL ASSESSMENT LIEN FOR DELINQUENT SOLID WASTE AND RECYCLING SERVICE FEES,'OF THE VILLAGE CODE OF ORDINANCES RELATING TO THE VILLAGE'S SOLID WASTE AND RE,CYCLING FEES AND COLLECTION METIIODS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; 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 Manager and the Attomey addressed the Council regarding the above ordinance and a discount for residents for early payment. 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, solid waste fees and possible hardship payment plans. The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola and Mayor Davey voting Yes. Vice Mayor London was out of the room at the time the vote was taken. The Clerk read the following ordinance on second reading, by title: 3of9 December 8, 2020 AN ORDINAIICE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 29-S,(COLLECTION OF STORMWATER UTILITY FEE; LIENS' OF THE VILLAGE CODE OF ORDINANCES RE,LATING TO THE VILLAGE'S STORMWATER UTILITY AND COLLECTION METHODS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; 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 Manager addressed the Council regarding the above ordinance. 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 and discounts for residents for early payment. The ordinance was adopted on second reading by a7-0 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, REVISING THE SERVICE FEE FOR SOLID WASTE ANI) RECYCLING COLLECTION SERVICES; REPEALING RESOLUTION NO. 2017-54; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. The Manager addressed the Council regarding the above resolution. The Mayor opened the public hearing. Rose Haney, 472 Glenridge Road addressed the Council. The Mayor closed the public hearing. There was discussion from Council regarding the above resolution and the increase in fees. 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: 4o.f9 December 8, 2020 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING THE VILLAGE'S 2O2I LEGISLATIVE PRIORITIES; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Lauredo. The Manager and the Attomey addressed the Council regarding the above resolution. Mario Bailey and Jonathon Kilman with Converge Government Affairs addressed the Council. There was discussion from Council regarding the above resolution, legislative priorities and appropriations. It was the consensus of Council for Mr. Bailey and Mr. Kilman to send Council a list of the names, the terms and who appointed the public service commissioners. The Attorney 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. At this time, the Attorney requested a public hearing for Items 8E and 8F from the consent agenda. The Clerk read the following resolutions by title from the consent agenda A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE UNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON.AD VALOREM ASSESSMENTS FOR SOLID WASTE FEES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 197.3632, F.S. THROUGHOUT THE INCORPORATED AREA OF THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE UNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON-AD VALOREM ASSESSMENTS FOR STORMWATER SERVICES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 197.3632, F.S. THROUGHOUT THE INCORPORATED AREA OF THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no callers present. The Mayor closed the public hearing. The Clerk read the following resolution by title 5of9 December 8, 2020 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A woRr( ORDER TO KCr TECHNOLOGTES, rNC. FOR PROFESSTONAL SURVEYTNG SERYICES FOR STORMWATER UTILITY AND RIGHT OF WAY IMPROVEMENTS RELATING TO THE MASTER ISLAND SURVEY PROJECT IN AN AMOUNT NOT TO EXCEED $500,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. The Manager addressed the Council regarding the above resolution. Building, Zoning & Planning Director Jake Ozyman addressed the Council regarding the above resolution. Benjamin Hoyle from KCI Technologies, Inc. addressed the Council regarding the above resolution. There was discussion from Council regarding the above resolution. The resolution was approved by a7-0 roll call 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 AUTHORIZING RESOLUTION OF THE VILLAGE COTJNCIL 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. (COUNCTL RESOLUTION FROM 10-26-20 FOR RECONSTDERATTON AS MOVED ON 11-17-20) Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. Mayor Davey addressed the Council regarding the above resolution and reconsideration for the Astroturf parking surface. Director Ozyman addressed the Council regarding altemative options for the parking surface. There was extensive discussion from Council regarding the above resolution. The Manager addressed the Council stating a budget amendment would be needed in order to locate these additional funds. 6of9 December 8, 2020 Mayor Davey made a motion to use the 12" Stone base with permeable pavers for the Fernwood Road parking surface with the total project costs in an amount not to exceed $409,811. Councilmember Caplan seconded the motion and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola and Mayor Davey voting Yes. Vice Mayor London voting No. It was the consensus of Council to delegate Councilmember Moss to make the final design decision on the paver with Director Ozyman. The resolution was approved, as amended, by a 6-1 voice vote. The vote was as follows Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola and Mayor Davey voting Yes Vice Mayor London voting No. At this time, the Manager's report was heard. The Manager addressed the Council regarding the Bear Cut Bridge Contingency Annex report. Director of Emergency Management for Miami-Dade County Frank Rollason addressed the Council regarding the above report and the development of an emergency management plan if there was a catastrophic failure of the Bear Cut Bridge. Councilmember Lauredo commended Director Rollason for the extensive work done on the project. The Manager addressed the Council regarding the presentation of the Manager's ongoing project update report. It was the consensus of Council that the Manager's Ongoing Project Update Report be an agenda requirement for all future Regular Council Meetings. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed Mayor and Councilmembers. Mayor Davey addressed the Council regarding the Village Manager Recruitment process and procedures and the appointment of an acting Manager recommending Chief of Police Charles Press. There was extensive discussion from Council regarding background checks Chief Press addressed the Council regarding the above item. Councilmember Lauredo made a motion to appoint Chief Press as Interim Manager effective December 3I't,2020. The motion was seconded by Vice Mayor London and approvedby a7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. 7of9 December 8, 2020 The Manager clarified to the Council that her last day was January \"t,202I Councilmember Caplan made a motion to keep the retum date the same. 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. Director of Human Resources Juan Gutierrez addressed the Council regarding gathering the four proposals from companies to do the background checks and professional assessments. It was the consensus of Council to meet December 15th,2020 at 6:00 p.m. for a Virfual Special Council Meeting regarding the above proposals. It was the consensus of Council to have each Councilmember bring a list of their top 5 Village Manager candidates to the January l2th,202l Regular Council Meeting. Mayor Davey addressed the Council regarding an update on Miami-Dade County's mask mandate and Miami-Dade County Mayor Daniella Levine Cava's mask mandate campaign called'o'We Can, We Will". Councilmember Lauredo made a motion for Council to support Chief Press and the Village of Key Biscayne Police Department in enforcing the County's mask mandate. 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. Mayor Davey addressed the Council regarding the CARES Act funding reporting that Miami- Dade Commissioners Keon Hardemon and Raquel Regalado were able to secure the release of an additional 58 million dollars from the County for local municipalities. Councilmember Lauredo made a motion to delegate Mayor Davey the authority to work with the Manager and the KB Chamber of Commerce regarding CARES Act funding to support the local businesses and to receive this additional funding by the deadline of December 31't, 2020. The motion was seconded by Councilmember Caplan 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. Councilmember Lauredo addressed the Council regarding Advisory Boards and requested the appointment of William Krauss to the 2040 Advisory Board. Councilmember Lauredo requested to be appointed as the Council liaison to the Parks and Open Spaces Board and to appoint Councilmember Caplan as Council liaison for the Art in Public Places Board. There was no objection to the new appointment and the changing of Council liaison appointments. Councilmember Lauredo addressed the Council regarding adding a discussion item for Advisory Boards to review their two-year appointments at the January 26th,202I Regular Council Meeting. Councilmember Moss addressed the Council regarding the Farmer's Market and using 530 Crandon Park on a temporary basis due to the Christmas tree sales at the KB Community Church. 8of9 December 8, 2020 It was the consensus of Council to allow the Farmer's Market to temporarily relocate to the park at 530 Crandon for the two-week duration. Village Attomey. 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. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no fui.ther business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of tuture meetings and events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. Re sp e c tful ly s ub mitte d : B. Village Clerk Approved this 12th day of Januarv, 2021: Michael l4t 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 PARPOSE, MAY NEED TO ENSARE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9of9