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HomeMy Public PortalAbout12-07-21 Regular Council MeetingM IN U T E S RE G U L A R C O UN C IL M E E T IN G K E Y B IS C A YN E , F L O RI D A T U E S D A Y , D E C E M B E R 7, 202 1 C O UN C IL C H A M B E R 56 0 C RA N D O N B O U L E Y A RD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Franklin H. Caplan, Luis Lauredo, Edward London, Allison McCormick, Ignacio Segurola, Vice Mayor Brett G. Moss and Mayor Michael W. Davey. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance. 3. INVOCATION: Father Andrzej Foltyn, St. Agnes Catholic Church gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public recognizing the 80th Anniversary of Pearl Harbor, reminded the public of the January 15th deadline for Magnet school applications and wished Chief of Police Frank Sousa a Happy Birthday; Mayor Davey and Councilmember London thanked residents John Martin, Mary Tague and Robert Duzoglou and Parks, Recreation and Open Spaces Director Todd Hofferberth and staff for their work in organizing the Winterfest event; Councilmember London recognized that having Village events really brings the community together; Mayor Davey, Councilmember London and Councilmember Segurola recognized Miami-Dade County Mayor Daniella Levine Cava's memorandum regarding the Rickenbacker Causeway RFP and thanked residents for their past and continued efforts. 5. PUBLIC COMMENTS: The following persons addressed the Council: Ann Taintor, 170 Ocean Lane Drive; Fausto Gomez, 765 Crandon Boulevard; Alejandro Serrano, 784 Ridgewood Road; Christian Infante, 1430 Cecilia Avenue, Coral Gables representing SFM Services, Inc.; Betty Sime Conroy, 785 Crandon Boulevard; Louisa Conway, 151 Crandon Boulevard and 1 of 10 December 7, 2021 Esteban Formoso, 300 Sunrise Drive. 6. AGENDA: Mayor Davey requested to hear Item 12Bl immediately after the consent agenda; Councilmember Lauredo requested to defer Item 8F to the next Regular Council Meeting and to remove Item 8A from the consent agenda for discussion. The agenda, as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. 7. SPECIAL PRESENTATIONS: There were no special presentations. 8. CONSENT AGENDA: Councilmember Caplan made a motion to approve the following consent agenda. The motion was seconded by Mayor Davey. The minutes of the September 21st, 2021 Second Budget Hearing. The minutes of the October 12th, 2021 Regular Council Meeting. The minutes of the October 261'\ 2021 Regular Council Meeting. The minutes of the November 2nd, 2021 Workshop. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE WORLD HEALTH ORGANIZATION'S AGE-FRIENDLY CITIES AND COMMUNITIES PROGRAM; APPROVING THE VILLAGE'S ENROLLMENT INTO THE AARP NETWORK OF AGE-FRIENDLY COMMUNITIES; 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, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. Councilmember Caplan made a motion to remove the minutes of September 8, 2021. The motion was seconded by Vice Mayor Moss. There was discussion from Council regarding page 4, 7th paragraph regarding Advisory Boards and page 7 regarding the recorded votes. At this time Councilmember Lauredo addressed the Council stating that the Strategic Vision Board was created and then the board recommended spending $100,000 to hire a consultant and then raised this amount to $165,000 and then recommended the specific consultant to be hired. The Clerk was directed to rewatch the Council meeting of September 8, 2021 to make additional clarifications to page 4 regarding Advisory Boards and to page 7 regarding the recorded votes. 2 of 10 D ecem ber 7, 2021 Mayor Davey made a motion to defer the approval of the minutes of September 8th, 2021 First Budget Hearing to the next Regular Council Meeting. The motion was seconded by Councilmember Caplan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. At this time, Mayor Davey addressed the Council regarding the appointment of the Charter Revision Commission pursuant to Section 7.06 of the Village Charter. The Attorney addressed the Council regarding the eligibility requirements for nominating a Councilmember as Chair of the Commission. Councilmember Moss made a motion to nominate Councilmember McCormick as Chair of the Charter Revision Commission. The motion was seconded by Mayor Davey and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. The following nominations were made for members of the Charter Revision Commission: Councilmember London nominated Jud Kurlancheek; Mayor Davey nominated Joe Rasco and Jennifer Buttrick; Councilmember Caplan nominated Marco Gomez and Cliff Brody; Councilmember Lauredo nominated Betty Sime Conroy and Vice Mayor Moss nominated Luis de la Cruz. There was discussion from Council regarding the above nominations, the nominating procedure and nominating electors who are also serving on Advisory Boards. -Mayor Davey voted for Joe Rasco, Jennifer Buttrick, Cliff Brody and Luis de la Cruz. -Councilmember McCormick voted for Joe Rasco, Jennifer Buttrick, Cliff Brody and Luis de la Cruz. -Councilmember Segurola voted for Jud Kurlancheek, Joe Rasco, Marco Gomez and Betty Sime Conroy. -Councilmember Lauredo voted for Jud Kurlancheek, Joe Rasco, Marco Gomez and Betty Sime Conroy. -Councilmember Caplan voted for Joe Rasco, Jennifer Buttrick, Marco Gomez and Cliff Brody. -Vice Mayor Moss voted for Jud Kurlancheek, Joe Rasco, Jennifer Buttrick and Marco Gomez. -Councilmember London voted for Jud Kurlancheek, Joe Rasco, Marco Gomez and Luis de la Cruz. The following nominated members were appointed to the Charter Revision Commission: Jud Kurlancheek, Joe Rasco, Jennifer Buttrick and Marco Gomez. The Attorney addressed the Council stating that the Commission needs to commence proceedings within 45 days after appointment and submit the Commission's report to Council no later than April 1, 2022. The Attorney also stated that the Clerk has confirmed with the Miami-Dade County Elections Department that any amendments would be included on the August 2022 election ballot. 3 of 10 December 7, 2021 There was discussion from Council and the Attorney regarding having charter amendments placed on the August or the November 2022 election ballot. The Attorney will report back at the next Regular Council Meeting regarding placing charter amendments on election ballots. 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 2-10, "ADVISORY BOARDS," OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES RELATING TO ADVISORY BOARD ADMINISTRATION AND BOARD MEMBER REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember London. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. There was discussion from Council regarding having Advisory Boards chairs regularly present at future Council Meetings in order to report on current board actions and/or initiatives. The Clerk was directed to contact the Advisory Board Chairs to schedule these presentations. There was no objection to the request. The ordinance was adopted on second reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. Councilmember Caplan voting No. 10. RESOLUTIONS: 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 TWO VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. IN AN AMOUNT NOT TO EXCEED $52,111; PROVIDING FOR AUTHORIZATION; 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. There was extensive discussion from Council regarding the above resolution. Chief Financial Officer Benjamin Nussbaum and Building, Zoning, Planning and Public 4 of 10 D ecem ber 7, 2021 Works Director Jake Ozyman addressed the Council regarding the above resolution. Councilmember London addressed the administration requesting an inventory or audit of all the Village's cars and trucks and who the vehicles are assigned to and what functions they perform in the Village. There was no objection to this request. Councilmember Segurola addressed CFO Nussbaum requesting to have a financial analysis of a stipend option for Village vehicles instead of purchasing new ones. There was no objection to this request. There was discussion from Council, the Manager and CFO Nussbaum regarding code compliance and the Village's vehicles. Councilmember Lauredo addressed the Manager requesting that for future Council meetings to distribute the agenda in advance to Council. There was no objection to this request. There was discussion from Council and Director Ozyman regarding vehicles for code compliance and public works. Mayor Davey made a motion to defer the above resolution to a future date to be determined. The motion was seconded by Vice Mayor Moss. The Manager addressed the Council confirming the administration will report back at a future Council Meeting with a full audit of the Village's vehicles. At this time Councilmember London addressed CFO Nussbaum regarding publishing the Village's financial documents on the website for resident accessibility. CFO Nussbaum reported that this platform should go live on the website approximately April 2022. The motion to defer the resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss 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, EXTENDING THE TERM OF THE 2040 STRATEGIC VISION PLAN BOARD FROM JANUARY 15, 2022, THROUGH SEPTEMBER 30, 2022; 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 and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. 5 of 10 D ecem ber 7, 2021 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE MIAMI-DADE COUNTY MAYOR AND COMMISSIONER REGALADO'S REQUESTS THAT: (1) THE COUNTY COMMISSION CANCEL THE REQUEST FOR PROPOSAL (RFP) NO. 01982 ENTITLED DEVELOP, MAINTAIN, AND OPERATE THE RICKENBACKER CAUSEWAY AND ASSOCIATED RECREATIONAL ELEMENTS; AND (2) A WORKING GROUP OF KEY STAKEHOLDERS BE ESTABLISHED TO DEVELOP PRIORITIES FOR REDEVELOPMENT OF THE RICKENBACKER CAUSEWAY WITH THE MOST CRITICAL PUBLIC SAFETY ELEMENT BEING THE BEAR CUT BRIDGE; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Moss made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. The Attorney addressed the Council stating that the above resolution was updated from the resolution presented in the agenda to reflect County Mayor Cava's memorandum. 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, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. 11. PUBLIC COMMENTS: The following resident addressed the Council: Louisa Conway, 151 Crandon Boulevard. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. Chief Sousa addressed the Council reporting on the following items: an ongoing evaluation of the police department and staff; working with the KB Chamber of Commerce to host several events with business owners regarding safety concerns and youth engagement; the "Brunch with a Cop" event held on November 18th; the "Key to Street Safety" program which focuses on pedestrian, bicycle and golf cart safety; a future classroom reading program; a future plan to meet with staff to address concerns regarding electric scooters and on implementing two separate operation plans for the holiday season: crime suppression and traffic safety. There was discussion from Council, Chief Sousa and the Attorney regarding electric scooters. Councilmember Lauredo addressed the Council commending Chief Sousa and the Police Department for the renewed community spirit. At this time, Mayor Davey addressed Director Ozyman regarding the Village's landscaping contract with SFM Services, Inc. Director Ozyman reported that prior issues were being addressed and things were moving in a positive direction. 6 of 10 D ecem ber 7, 2021 Chr istian Infa nte w ith SFM Services, Inc. addressed the Council regarding landscaping service and em ploym ent issues. T here w as discussion from Council and D irector Ozy man regarding the cleaning of streets and parks. Director Ozym an addressed the Council giving a presentation on Building and Zoning Fees Stru cture and recom m endations. C ouncilm em ber London addressed Director Ozym an regarding staffing concern s and expenses and requested a review of the Building and Zoning D epartm ent and fo r Director Ozyman to report back to Council at a fu ture date to be determ ined. There w as no objection to this request. T here w as extensive discussion from Council and D irector Ozy m an regarding the Building and Z oning Fee Stru ctur e recom m endations presented and keeping a strict control of permit fees surplus and the use of threshold inspectors fo r building construction. C hief Building Offi cial Rene V elasco addressed the Council regarding Threshold Inspectors and Special Inspectors. The M anager addressed the Council stating that the adm inistra tion w ill present a resolution fo r the B uilding and Zoning Fees Stru ctur e at the next Regular Council M eeting. Building O fficial Velasco addressed the Council reporting on an update regarding building re- certifi cations stating that the Building D epartm ent m ailed out 3 violations on N ovem ber 22nd each w ith $500 fines to non-com pliant pro perty ow ners. A dditional violations w ill be m ailed out on Decem ber 15th fo r pro perties w hich are 3 years or less past non-com pliance. M iam i-D ade County is pro posing new and stricter changes to the inspection fo rm s fo r the 40-year recertification pro gra m and that the ICC (Intern ational Code Council) is considering changes to the pro perty m anagem ent code at the national level. M ayor Davey addressed the adm inistra tion regarding building safety and the m ailing of fine notices. T he M anager addressed the Council stating that after the fir st fine is assessed, the property has 30 days to subm it their engineering report and even if the fine is paid and an engineering report is not subm itted to the Vill age, these pro perties w ill be reported to the U nsafe Structure Board ofM iam i- Dade County. A t this tim e Director Ozym an and the M anager addressed the Council reporting on an update of the conversion from septic to sew er stating that 28 single fam ily hom es are currently outstanding. D irector Hofferberth addressed the Council reporting on an update regarding the Para dise Park project and w ill present the fo llow ing DERM required plans fo r soil m anagement and an air quality m onitoring plan at the next Regular Council M eeting. 7 of 10 D ecem ber 7, 2021 There was discussion from Council regarding the Paradise Park project. The Manager addressed the Council stating that the project has faced significant environmental issues and that the administration will report back at the next Regular Council Meeting with an updated project estimate and also announced the groundbreaking ceremony scheduled for December 10th has been postponed to January 2022. Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council reporting on an update regarding the kite surfing program including receiving preliminary DERM approval for the vessel exclusion zone buoy deployments but additional assessments from DERM are still pending. The Manager addressed the Council reporting that the Village has been included in the Coastal Storm Risk Management Plan and that the administration is within the 30-day window for submitting comments and that a copy of these comments will be provided to Council. Director Ozyman addressed the Council reporting on the contracted solid waste service for single family homes and the number of complaints received so far for 2021. There was discussion from Council and Director Ozyman regarding the solid waste service contract, quality control issues and for residents to receive a survey regarding this service. Director Ozyman addressed the Council reporting on the following status of Capital Improvement Projects: 7 projects are in the planning stage, 2 projects are in design, 7 projects are in procurement, 1 project is in permitting, 2 projects are in construction and 1 project, the Calusa Park Trail, has been completed. The Lake Park gazebo project is 90% completed. The Beach Club sewer extension should be completed the second week of January 2022 and another Community Engagement Meeting was recently held regarding Beach Park renovations and 2 to 3 site plan options will be presented to Council at the February 8th Regular Council Meeting. There was discussion from Council and Director Ozyman regarding the Beach Park's bathrooms, plumbing and the pavilion's roof. CFO Nussbaum addressed the Council reporting on the quarterly Financial Updates and presented a preliminary report for Fiscal Year 2021 and stated that a final Fiscal Year 2021 Financial Report will be presented to Council at the April 2151, 2022 Regular Council Meeting. There was discussion from Council regarding the above item. Community Engagement and Communications Officer Jessica Drouet addressed the Council reporting on the Village's website and rebuilding content. There was discussion from Council regarding the Village's website. 8of 10 D ecem ber 7, 2021 T here w as discussion fr om C ouncil, the M anager and Info rm ation T echn ology D epartm ent's Peter K ulpa regardin g C hann el 77's pro gra m m ing and regarding posting w ebsite m eeting notices on the w ebsite's calendar. C om m unications O ffi cer D ro uet and M r. K ulpa gave a tutorial on navigating the V illage's w ebsite to im pro ve resident accessibility. T he A tt orn ey addressed the C ouncil regarding the appointing pro cedur e fo r the A uditor's Selection C om m itt ee. T here w as discussion fr om C ouncil and C FO N ussbaum regarding the recom m ended m em bers fo r the A uditor's Selection C om m ittee. M ayor D avey m ade a m otion to appro ve the appointm ents of the fo llow ing recom m ended m em bers fo r the A uditor's Selection C om m ittee: D esm ond C hin, Finance D irector from Palm etto B ay and M arie A rt eaga-N arifio, Finance D irector fr om the V illage of Pinecrest. The m otion w as seconded by V ice M ayor M oss and appro ved by a 7-0 voice vote. The vote w as as fo llow s: C ouncilm em bers C aplan, Lauredo, London, M cC orm ick, Seguro la, V ice M ayor M oss and M ayor D avey voting Y es. M ayor and C ouncilm em bers. C ouncilm em ber Seguro la addressed the C ouncil regarding the R ickenbacker C ausew ay. T here w as extensive discussion fr om C ouncil, the M anager and the A ttorn ey regarding the R ickenbacker C ausew ay, V irginia K ey, B ear C ut bridge, tra ffi c concern s and D PZ C oD esign. C ouncilm em ber L auredo addressed the C ouncil stating that the C ouncil should refr ain fr om personal and public com m ents and strictly adhere to the V ill age C ouncil's fo rm al position expressed by the resolution that w as passed. T here w as discussion fr om C ouncil to reach out to the residents w ho have expert ise and political contacts in regards to this issue to accom plish this V ill age goal. It w as the con sensus of C ouncil to support the resolution regarding the R ickenbacker C ausew ay that w as previously adopted this evening. C ouncilm em ber Segur ola addressed the C ouncil and the A ttorn ey regarding the golf cart ordinance and C ra ndon B ou levar d. T he A tt orn ey and the M anager addressed the C ouncil regarding golf cart s on C ra ndon B oulevard and w ill report on an update at the January 18th R egular C ouncil M eeting. V ill age A ttorn ey. The A ttorn ey did not subm it a report. V ill age C lerk. The C lerk did not subm it a report . 9of 10 D ecem ber 7, 2021 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: &ntili: 'b k)~ Village Clerk Approved this 8th day of March 2022: / - · Mich ael W. D avey 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. JO of JO