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HomeMy Public PortalAbout07-27-21 Regular Council MeetingMINUTES RE GULAR COUN CIL MEETING KEY BISCAYN E, FLORIDA TUESDAY, JULY 27, 2021 COUN CIL CHAMBER 560 CRA NDON BOULEY ARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the M ayor at 6:03 p.m . Present were Councilmembers Franklin H. Caplan, Luis Lauredo, Allison McCormick, Brett G. Moss, Ignacio Segurola, Vice Mayor Edward London (arrived 6:04 p.m.) an d Mayor Michael W . Davey. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch and Village Attorney Chad Friedman. 2. INVOCATION: Youth Pastor Tony Goudie, 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 regarding the highly contagious Covid 19 Delta variant and asked residents to wear masks indoors since children under 12 years old cannot get vaccinated yet; also addressed the public regarding Miami-Dade County's RF P regarding the Rickenbacker Causeway and for the county commission to hear from residents at the August 4th, 2021 public meeting at the Key Biscayne Community Center; Mayor Davey and Councilmembers Caplan, London, McCormick and Moss addressed the public communicating their disappointment with losing the Key Biscayne Community Foundation as a Village partner and stated their appreciation for all the foundation's valuable past work; Councilmember Segurola addressed the public stating that the residents should not be concerned and that the Village administration will be able to effectively administer programming and will do as good a job as the Key Biscayne Community Foundation and without cutting any programming. Councilmember McCormick stated it is a best practice in governm ent to partner with not for profits and the Village benefitted greatly from the relationship and requested that the Manager prepare on July 27, 2021 how this is going to impact the Village in terms of the budget; Councilmember Lauredo addressed the Council stating it is the Council's responsibility and duty as a trustee of taxpayer funds to address concerns and thanked the Key Biscayne Community Foundation for their past work. Councilmember Caplan addressed the Council requesting to recuse himself from voting on Item l0AC. 5. AGENDA: Councilmember Segurola requested to discuss another option regarding the Rickenbacker Causeway along with the Manager's Report, Item12Ali. There was no objection to this request. 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. 6. PUBLIC COMMENTS: The following residents addressed the Council: Nina Wallin, 270 Hampton Lane; Alejandro Serrano, 765 Crandon Boulevard and Fausto Gomez, 765 Crandon Boulevard. At this time, Councilmember Segurola made a motion to allow an additional three minutes for Fausto Gomez's public comments. The motion was seconded by Councilmember Lauredo. Councilmember Moss made an amending motion to allow for two more minutes. Councilmember Segurola accepted the amendment. The motion, 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. At this time, the following resident addressed the Council: Louisa Conway, 151 Crandon Boulevard. 7. SPECIAL PRESENTATIONS: There were no special presentations given to Council. 8. CONSENT AGENDA: Councilmember McCormick made a motion to approve the following consent agenda. The motion was seconded by Mayor Davey. The minutes of the May 2nd, 2021 Workshop. The minutes of the June 8th, 2021 Workshop. At this time, Councilmember Lauredo addressed the Council regarding transparency and outreach for these proposed Zoning amendments. The consent agenda 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. 2 of JO July 27, 2021 9. ORDINANCES: There were no ordinances considered by Council. 10. RESOLUTIONS: The Clerk read the following resolution by title: A CAPITAL AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO SFM SERVICES, INC. FOR THE VILLAGE'S CRANDON BOULEVARD LANDSCAPE AND IRRIGATION IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $99,355; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Mayor Davey. Building, Zoning, Planning and Public Works Director Jake Ozyman addressed the Council regarding the above resolution authorizing the completion of the landscaping and irrigation improvements for Phase II of Crandon Boulevard and Phase I of Harbor Drive. Vice Mayor London addressed the Attorney regarding a possible conflict of interest. The Attorney addressed the possible conflict of interest. There was discussion from Council regarding the above resolution and SFM Services. 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: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONFIRMING THE VILLAGE'S ABILITY TO FUND AND SUPPORT THE PERMITTING, DESIGN, CONSTRUCTION, AND MONITORING OF THE VILLAGE'S BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Mayor Davey. Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding this resolution, beach nourishment and subsequent post nourishment monitoring, permit requirements and matching state funds. There was discussion from Council regarding the above resolution. 3 of 10 July 27, 2021 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: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE CONTINUING PROFESSIONAL SERVICES AGREEMENT WITH VARIOUS CONSULTANTS FOR ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2021-08; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember London. At this time, Councilmember Caplan recused himself from voting on the resolution and exited the Council Chamber. Director Ozyman addressed the Council regarding the above resolution and establishing an hourly rate if needed. There was discussion from Council regarding the above resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. At this time Councilmember Caplan returned to the Council Chamber. The Clerk read the following resolution by title, as updated: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND THE VILLAGE'S FIRE RESCUE DEPARTMENT AND POLICE DEPARTMENT TO COOPERATE AND PARTICIPATE IN THE SECURING THE CITIES PROGRAM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Mayor Davey. The Manager addressed the Council regarding the above resolution. There was discussion from 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. 4 of 10 July 27, 2021 11. PUBLIC COMMENTS: The following resident addressed the Council: Armando Chapelli, 791 Crandon Boulevard. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Manager addressed the Council introducing the new Chief of Staff Jocelyne Moussavou. At this time, the Manager gave an update on the search for the new Chief of Police with a goal of having a new chief onboard in September. Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council reporting on the status of the park plans at 530 Crandon Boulevard and the finalization of the construction agreement negotiations with Critical Path Construction including a July 21, 2021 kick-off meeting and reporting on DERM and addressing outstanding issues. There was discussion from Council and the Manager regarding the above item and a timeline for the construction and the removal of approximately 50 cubic yards of contaminated soil from 530 Crandon Park. Community Engagement and Communications Officer Jessica Drouet addressed the Council regarding the naming contest for 530 Crandon Park. There was discussion from Council regarding the naming of the park at 530 Crandon Boulevard. Councilmember Lauredo made a motion to name the park at 530 Crandon Boulevard, Sunrise Park. The motion was seconded by Vice Mayor London and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Lauredo, Segurola and Vice Mayor London voting Yes. Councilmembers Caplan, McCormick, Moss and Mayor Davey voting No. The Attorney addressed the Council stating that whatever name is chosen for 530 Crandon Boulevard, a resolution would be brought back for Council's approval. There was discussion from Council regarding possible park names. Councilmember Moss made a motion to name the park at 530 Crandon Boulevard, Paradise Park. The motion was seconded by Councilmember Caplan and failed by a 2-5 roll call vote. The vote was as follows: Councilmembers Lauredo and Moss voting Yes. Councilmembers Caplan, McCormick, Segurola, Vice Mayor London and Mayor Davey voting No. There was additional discussion from Council regarding possible park names. Councilmember Caplan made a motion to name the park at 530 Crandon Boulevard, Civic Center Park. The motion was seconded by Councilmember Moss and failed by a 2-5 roll call vote. The 5 of JO July 27, 202 1 vote was as follows: Councilmembers Caplan and McCormick voting Yes. Councilmembers Lauredo, Segurola, Moss, Vice Mayor London and Mayor Davey voting No. Councilmember Caplan made a motion to name the park at 530 Crandon Boulevard, Sunrise Park. The motion was seconded by Councilmember Lauredo and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, and Vice Mayor London voting Yes. Councilmembers McCormick, Moss, Segurola and Mayor Davey voting No. Mayor Davey made a motion to name the park at 530 Crandon Boulevard, Founders Park. The motion died for lack of a second. Mayor Davey made a motion to request additional contest name entries for the park at 530 Crandon Boulevard. The motion was seconded by Councilmember Segurola and failed by a 3-4 roll call vote. The vote was as follows: Councilmember Segurola, Vice Mayor London and Mayor Davey voting Yes. Councilmembers Caplan, Lauredo, McCormick and Moss voting No. There was discussion from Council regarding the name of the park at 530 Crandon Boulevard. Councilmember Lauredo made a motion to name the park at 530 Crandon, Paradise Park. The motion was seconded by Councilmember Caplan and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Moss and Mayor Davey voting Yes. Councilmember Segurola and Vice Mayor London voting No. Communications Officer Drouet addressed the Council giving a presentation of the new Village website set to launch on August 2nd, 2021. Vice Mayor London addressed the Council regarding digitizing records, contracts and having all records made available to the public. There was discussion from Council regarding the above items. The Manager addressed the Council regarding public records being made available on the website and presenting a plan for the cost and timeline for doing so at the next Regular Council Meeting. Councilmember Caplan addressed the Council regarding the Historical Society and providing images for the Uniquely KB section on the website. The Manager addressed the Council thanking Katie Petros and Jessica Drouet for their hard work on the website redesign. Dr. Samimy addressed the Council reporting on the status of securing beach access point easements. Village Attorney Eduardo M. Soto addressed the Council regarding the above item. 6 of 10 July 27, 2021 Dr. Samimy addressed the Council reporting on the sargassum removal plan with composting options and cost projections for the remainder of FY21 and for FY22 and also reporting on updated numbers from Beach Raker including 93 trucks of seaweed in June were hauled and it is anticipated that by the end of July, 105 trucks of seaweed would be hauled and in August and September possibly 100 trucks of seaweed would be hauled for each month which would cause a $445,000 deficit in the budget. There was discussion from Council regarding the above items. The Manager addressed the Council regarding reviewing with staff the above budget issue and reporting back to Council with a recommendation. Dr. Samimy addressed the Council reporting on the status of the Village's participation in USACE's Shoreline Protection and Stabilization Program. There was discussion from Council regarding the above items including deployment of breakwater, mitigation and water quality. Chief Financial Officer Benjamin Nussbaum addressed the Council regarding the future implementation plan for the Council Chamber including increased seating to pre-covid numbers, eliminating the use of headsets, software upgrades to support remote participation and integrating the "Peak" agenda software system from Granicus. Councilmember Lauredo addressed the Council regarding Council Chamber seating and erring on the side of caution and health. There was extensive discussion from Council regarding the full capacity seating in the Council Chamber, the current mask policy, the positivity rates of Covidl 9 infection and the Delta variant. The Manager addressed the Council stating the Village's current policy is to strongly encourage mask wearing and social distancing; Also stating Fire Rescue Chief Eric Lang is tracking the testing numbers for Covid19 and the Village has a vaccination rate of 85% for 12-year-olds and older and will continue to offer vaccination events within the Village in order to increase the vaccination percentage rate even higher. The Manager also stated these numbers will be monitored and discussed with Council if a change needs to be made. Chief Building Official Rene Velasco addressed the Council reporting on the status of the Building Re-certification Update. The Manager addressed the Council thanked Building Official Velasco and his team for reaching out and supporting the community through the re-certification process and stated the spreadsheet would be posted online for the public to view. The Manager reported there are 126 buildings within the Village: 42 are compliant, 29 are in the re-certification process and 17 are within a three-year period of being due and 7 are more than three years overdue but every property owner has responded and is working closely with the Village and there are 38 buildings that will move into the recertification process over the next few years. 7 of 10 July 27, 2021 There was extensive discussion from Council regarding the above items including compliance, building safety, Miami-Dade County's recertification ordinance and its enforcement. The Attorney addressed the Council regarding enforcement under the unsafe structures provision of the County ordinance. The Manager addressed the Council stating the Miami-Dade County ordinance is limited to basic structural and electrical items. The Manager also stated the Village does not make this safety determination, it is the engineer hired by the individual property owners who certifies that the building is safe, and the Village recertifies that the engineer says the building is in fact, safe. Councilmembers Lauredo and Caplan requested for staff to define what "in progress" means for a better understanding for the public. Chief of Staff Moussavou addressed the Council reporting that staff is developing a draft of FAQ's that will help define the terms related to this process in order to add clarity and understanding for the public. Chief Building Official Velasco addressed the Council reporting on compliance and the consequences of non-compliance. The Manager addressed the Council reporting on the status of media inquiries and public records requests regarding building re-certification. The Manager addressed the Council reporting on the upcoming August 4th Public Meeting regarding the Rickenbacker Causeway and a future meeting with the County's Parks and Open Spaces Department, part of the RFP team, and to strongly ask them to be a part of the evaluation process. There was extensive discussion from Council regarding the Rickenbacker Causeway RFP. Councilmember Segurola addressed the Council proposing the Village partner with one of the project bidders in order to facilitate an intra-governmental transfer for the Rickenbacker Causeway. The Manager will give an update. Recommended a Rickenbacker Causeway Council meeting. Ask the Manager to reach out to these two groups and any other new group and report back to Council within a week and is worth another Council meeting in the very near future. The Attorney addressed the Council regarding the Manager confirming with Miami-Dade County on the process and the timeline of the RFP. It was the consensus of Council to direct the Manager to contact Council when this information is received and to propose a Special Council Meeting regarding the Rickenbacker Causeway. 8of 10 Ju ly 2 7 , 2 0 2 1 Director Ozy m an addressed the Council reporting on the status of single-fa m ily home conversions from septic to sew er and that D ERM is reinstating fines fo r noncom pliance. A t this tim e the M anager addressed the Council reporting on an update regarding the K ey Biscayne Com m unity C enter being fu lly open except fo r Sundays and that the sum mer cam p is in fu ll opera tion and staffing shortage issues. D irector H offerberth addressed the Council regarding extending the hours of opera tion and return ing the hour s of opera tion back to norm al once school starts. T here w as extensive discussion from Council regarding the Com m unity Center's staffi ng issues and opera ting hour s. Dr. Sam im y addressed the Council reporting on the im plem entation and pro gress of the kite surfing pro gra m . T here w as discussion from Coun cil regarding the above item s. M ayor and Councilm em bers. Councilm em ber Laur edo addressed the Council regarding Impact- C oncurrency fe e as an additional revenue sour ce fo r the Vill age. T he Attorn ey addressed the Council regarding an Im pact-Concurrency policy calculated by square fo otage or by the num ber of bedro om s and fee am ounts. T here w as extensive discussion from Council regarding the above item s. It w as the consensus of C ouncil to direct the M anager to look at w hat it w ould cost the V illage to m ake that fir st step in the pro cess in order to evaluate a possible Im pact-Concurrency fee pro gra m and report back to C ouncil. The M anager addressed the Council requesting to place his fu ll efforts regarding the Storm w ater and B uilding fe es instead and to report back to Council at the October Regular Council M eeting w ith a recom m endation. There w as no objection to this request. M ayor D avey addressed the Council regarding a consensus of Council to support a resolution urging the U nited States govern m ent to pro vide support to the Cuban people. The M ayor submitted to C ouncil tw o versions of a pro posal to use as a possible resolution. C ouncilm em ber Laur edo addressed the Council suggesting the one-page proposal of the resolution and fo r him to w ork w ith the Clerk on the distribution list fo r tra nsm ittal of the resolution. There w as no objection to this request. T here w as discussion fo rm Council regarding the above item. T he A ttorn ey addressed the Council regarding that this resolution is tim e sensitive. 9of10 July 27, 2021 At this time, the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING KEY BISCAYNE'S SUPPORT FOR THE HEROIC RESISTANCE EFFORTS AGAINST THE CUBAN COMMUNIST REGIME; PROVIDING FOR TRANSMITTAL; AND PROVIDING AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan and approved 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. 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. ADJOURNMENT: The meeting was adjourned at 9:12 p.m. R esp ectfully subm itt ed : ~h1'.~c_h Villag e Clerk Micha el W. D avey Mayor IF A PER S ON D E CID ES TO A PPEA L A N Y D E CISION MA D E B Y THE VILLA GE C O UNCIL WITH R ESPE C T TO A N Y MA T TER C ONSID ER ED A T A MEE TING OR HEA R ING, THA T PER S ON WIL L NEED A R E C O RD O F THE PR O CEED IN GS A ND , FOR S UCH P UR P OSE, MA Y NEED TO ENS UR E THA T A VER BA TIM R E C OR D O F THE PR O CEED INGS IS MA D E, WHICH R E C ORD INCL UD ES THE TESTIMON Y A ND E VID ENCE UP ON WHICH THE A PPEA L IS TO B E BA SED . 10 of 10