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HomeMy Public PortalAbout11-16-21 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 , N O V E M B E R 16 , 2 0 2 1 C O UN C IL C H A M B E R 5 6 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 6:01 p.m. Present were Councilmembers Franklin H. Caplan, Luis Lauredo (arrived 6:04 p.m.), Allison McCormick, Brett G. Moss, Ignacio Segurola, Vice Mayor Edward London 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: Deacon Miguel Baguer, St. Christopher's by-the-Sea gave an invocation. Reverend Amanda B. Brady was unable to attend the meeting. 4. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public thanking the Honor Guard, Parks, Recreation and Open Spaces Director Todd Hofferberth and the department's staff for the recent Veteran's Day Ceremony held at the Village Green, also announced Councilmember Caplan placed third in his age group in last week's Key Biscayne Lighthouse Run and recognized the work done by the public safety workers and the Parks and Recreation Department during this pandemic and also wished everyone a Happy Thanksgiving. Councilmember Caplan addressed the public recognizing the beautiful Veteran's Day flag lowering ceremony at the Key Biscayne Yacht Club that he attended with Mayor Davey. 5. PUBLIC COMMENTS: The following residents addressed the Council: Florencia Manero, 676 Femwood Road; Heman Lopez Varela, 452 Hampton Lane and Ignacio Goris, 560 Warren Lane. Novem ber 16, 2021 6. AGENDA: Councilmember Lauredo requested to defer the minutes of September 8, 2021, First Budget Hearing, September 21, 2021, Second Budget Hearing and October 12, 2021, Regular Council Meeting to the next Regular Council Meeting. The Attorney requested the addition of a discussion regarding the Charter Revision Committee to be heard together with Item 12A6c. 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. 7. SPECIAL PRESENTATIONS: Mayor Davey presented a Proclamation honoring Mrs. Darlene Presley-Durant, a retiring teacher of 36 years from the Key Biscayne K-8 Center. Mayor Davey presented a special certificate honoring Ms. Rosa Kemper, a Key Biscayne adoptive family, and presented a Proclamation recognizing National Adoption Month. Katerin Chavez from Citrus Family Care Network accepted the Proclamation on behalf of Miami-Dade County Foster and Adoptive Parent Association. A presentation on Athletic Field Utilization and Allocation was given by Glen Waldman, Chair of the Village Athletics Advisory Board. There was discussion from Council and the Attorney regarding the above presentation. Director Hofferberth addressed the Council regarding the above presentation. Councilmember Lauredo made a motion to accept the Village Athletics Advisory Board's recommendations as presented and to give Key Biscayne residents a two-week priority registration for the Village's sports programs. The motion was seconded by Councilmember Caplan. There was discussion from Council regarding the above motion. Councilmember McCormick addressed the Council regarding future registrations to be online. Vice Mayor London made an amending motion to extend the time for priority registration for Key Biscayne residents to four weeks. The amending motion was not accepted by Councilmember Lauredo. The Lauredo motion failed by a 1-6 voice vote. The vote was as follows: Councilmember Lauredo voting Yes. Councilmembers Caplan, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting No. Vice Mayor London made a motion to allow Key Biscayne residents four weeks for priority registration for the Village's sports programs. The motion was seconded by Councilmember Moss and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Caplan, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. Councilmember Lauredo voting No. 2of 12 Novem ber 16, 2021 It was the consensus of Council to direct the Manager to implement the Village Athletics Advisory Board's following recommendations: sports programs for 10-year-olds and under will only be for Key Biscayne residents plus the children of five volunteer Rugby coaches and the children of full- time employees working on Key Biscayne. Also, Rugby, Soccer and Field Hockey registrations will be capped at their current levels, but underperforming sports will still be allowed to continue to register children. 8. CONSENT AGENDA: Mayor Davey made a motion to approve the consent agenda. The motion was seconded by Councilmember Caplan. Councilmember Lauredo requested to defer the minutes of September 8, September 21 and October 12, 2021 earlier in the evening. The minutes of the September Zl ", 2021 Special Council Meeting. The minutes of the September 3ot11, 2021 Special Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE FLORIDA MEMORANDUM OF UNDERSTANDING WITH THE STATE OF FLORIDA AND OTHER PARTICIPATING LOCAL GOVERNMENT UNITS FOR THE ALLOCATION AND USE OF OPIOID SETTLEMENT FUNDS TO ABATE AND RESOLVE THE OPIOID EPIDEMIC; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; 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, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes. 9. ORDINANCES: The Clerk read the following ordinance on first 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 approve the ordinance on first reading. The motion was seconded by Vice Mayor London. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Lauredo and the Attorney addressed the Council regarding the above ordinance stating that the proposed language follows Florida State statute. 3 of 12 Novem ber I 6, 2021 There was extensive discussion from Council and the Attorney regarding the above ordinance. Mayor Davey made a motion to remove items (m) and (n) from the ordinance regarding relatives ofCouncilmembers not serving on advisory boards and regarding conflict of interests for lobbyists serving on advisory boards. The motion was seconded by Councilmember McCormick. There was discussion from Council and the Attorney regarding the above motion. The motion was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Caplan, McCormick, Moss and Mayor Davey voting Yes. Councilmembers Lauredo, Segurola and Vice Mayor London voting No. It was the consensus of Council to make the following amendments to the ordinance: in item (a), fourth line, to remove "not to" and insert "inform" the Village Manager; in item ( c ), the fourth line, to remove "may" and insert "shall" include an appropriate sunset provision; in item ( d), to add the following language of a maximum term limit of no more than 8 years consecutively and if a board member has already served 8 years, they are eligible to serve two more years; in item (f), second line, to remove "three" and insert "seven" days notice shall be given to the public and board members of regular board meetings. Councilmember McCormick made a motion to approve the ordinance on first reading, as amended. The motion was seconded by Mayor Davey and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Lauredo, McCormick, Segurola, Vice Mayor London and Mayor Davey voting Yes. Councilmembers Caplan and Moss voting No. The second reading is to be determined. 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 SIX VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. IN AN AMOUNT NOT TO EXCEED $245,000; PROVIDING FOR AUTHORIZATION; DECLARING CERTAIN VEHICLES AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Moss. Chief Financial Officer Benjamin Nussbaum addressed the Council regarding the above resolution. There was extensive discussion from Council regarding the above resolution and the Village's fleet policy. 4 of 12 Novem ber 16, 202 1 V ice M ayor Lon don m ade a m otion to defe r the pur chase of the vehicl es fo r fu rther vehicl e inventory analyzation by the adm inistra tion. The m otion w as seconded by C ouncilm em ber Segur ola. T here w as discussion fr om C ouncil regarding the above m otion. C ouncilm em ber Laur edo m ade an am ending m otion to exem pt the purchase of the fo ur police departm ent vehicl es. T he M anager addressed the C ouncil regarding the above m otion. C F O N ussbaum addressed the C ouncil regarding the pur chasing, tim ing and availability of vehicl es fo r m unicipalities. V ice M ayor L on don accepted C ouncilm em ber L aur edo's am ending m otion. T here w as additional discussion fr om C ouncil and the A ttorn ey regarding the above am ended m otion . V ice M ayor L on don w ithdrew his m otion . M ayor D avey m ade a m otion to appro ve the resolution authorizing the pur chase of fo ur police veh icl es and defe rring the pur chase of the non-police vehicl es. The m otion w as seconded by C ouncilm em ber Laur edo. C ouncilm em ber C aplan addressed the C ouncil regarding the above m otion and code com pliance. C ouncilm em ber Seguro la addressed the C ouncil requesting that C FO N ussbaum w ould com e back to C ouncil relatively soon w ith alt ern ative vehicl e choices. There w as no objection to this request. T he resolu tion , as am ended, w as appro ved by a 7-0 voice vote. The vote w as as fo llow s: C ouncilm em bers C aplan, L aur edo, M cc;orm ick, M oss, Seguro la, V ice M ayor London and M ayor D avey votin g Y es. T he A ttorn ey addressed the C lerk and C FO N ussbaum regarding updating the authorizing am ount in the resolution . C F O N ussbaum confi rm ed the authorizing am ount is not to exceed $190,000. T he C lerk read the fo ll ow in g resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING BEACH RAKER, LLC FOR BEACH CLEANING, MAINTENANCE, AND BEAUTIFICATION SERVICES PURSUANT TO REQUEST FOR PROPOSALS NO. 2021-15 IN AN AMOUNT NOT TO EXCEED $780,000.00 5 of 12 November 16, 2021 ANNUALLY; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding the above resolution. Councilmember Segurola addressed Dr. Samimy regarding reallocating the funds when the beach needs more maintenance or less maintenance. Vice Mayor London addressed the administration requesting the writing and structuring of RFP's. 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, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO BCC ENGINEERING, LLC FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE CRANDON BOULEVARD LEVEL OF SERVICE AND PEDESTRIAN AND BICYCLE SAFETY IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $240,000; 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 confirming the not to exceed amount in the above resolution is $180,000. There was discussion from Council and Building, Zoning, Planning and Public Works Director Jake Ozyman 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. The Manager addressed the Council regarding holding future community engagement meetings in order to receive public input. There was extensive discussion from Council, the Manager and Director Ozyman regarding clarifying the details of the contract and the recently added items to be analyzed. Councilmember Lauredo addressed the administration regarding the consulting portion of the contract. 6 of12 November 16, 2021 Director Ozyman addressed the Council clarifying the contract is $150,000 for engineering drawings and $30 to $35,000 for the planning portion. There was additional discussion from Council and the Manager regarding the above clarifications of the contract. 11. PUBLIC COMMENTS: There were no speakers that addressed the Council. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. At this time Item 12A6c was heard. The Manager and CFO Nussbaum addressed the Council regarding the Auditor's Selection Committee's purpose, process and requirements. Councilmember Moss addressed CFO Nussbaum regarding the above item. Councilmember Lauredo made a motion to select Vice Mayor London as the Auditor's Selection Committee Chair. 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 Manager and CFO Nussbaum addressed the Council stating that they will work with the Vice Mayor over the next few weeks and come back to Council with recommendations. At this time, the Mayor opened public comments. Don Elisburg, 177 Ocean Lane Drive addressed the Council. The Mayor closed public comments. The Attorney addressed the Council regarding the process and requirements for the upcoming Charter Revision Committee appointments at the next Regular Council Meeting. Fire Rescue Chief Eric Lang addressed the Council reporting that the Covid 19 positivity rate in the Village is 1 % to 2% and that the Covidl 9 vaccine pop-up events have administered almost 1,800 vaccines so far and vaccinations at the pop-up events are starting for 5- to 11-year-olds by appointment only. Chief Lang also reported that the next pop-up event will be held on December 8, 2021 at the Key Biscayne Community Center and also thanked Communications Officer Jessica Drouet and Director Hofferberth and his staff for their efforts. There was discussion from Council regarding the Covidl 9 vaccinations and the rapid PCR tests. Chief Lang addressed the Council commending Dr. Samimy's work on having the Village be the first municipality in Miami-Dade County to offer the rapid PCR tests. Chief Lang also reported an update on the vaccination percentages for the Village: 12- to 17- year-olds are at 72%, 18-year- olds and over are at 82% and 65-year-olds are at 80%. 7 of 12 Novem ber I 6, 202 1 Chief of Police Frank Sousa addressed the Council reporting on an update regarding the Community Policing Program, Youth Engagement Programs and building relationships with the children in the Village and also street safety. Councilmember McCormick addressed the public regarding motorized scooters and encouraging residents to have lights on their bikes and to wear helmets. Vice Mayor London addressed Chief Sousa regarding enforcing lights on golf carts for night driving. Chief Sousa addressed the Council reporting that Police Departments are transitioning in the way crime is reported in this country. It is changing to a national incident-based reporting system which will be a more comprehensive way of gathering crime data and provides a more in-depth analysis of how crime data is captured. Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council announcing there will be entertainment for the children at the next Covidl 9 pop-up vaccine event at the Key Biscayne Community Center and reported on a status update regarding the Paradise Park project and also announced a December 10, 2021 Groundbreaking Ceremony will be held. The Manager addressed the Council reporting on the status of Building Re-certifications stating that thirteen properties are 3 or more years past due and will be assessed a $500 fine on November 15, 2021. For the properties that are 3 years or less past due, they will be assessed a $500 fine on December 15, 2021. The Manager reported on the continued process for non-compliance. Dr. Samimy addressed the Council reporting on the status of beach enhancements including the Vessel Exclusion Zone, the Kite Surfing Program and Seaweed Management stating 29 trucks hauled seaweed in October and 7 trucks hauled seaweed so far this month. Dr. Samimy also reported that Miami Kiteboarding has sent an unsolicited proposal for a I-year pilot management program which is being reviewed by the Village. Director Hofferberth addressed the Council reporting on a status of the Key Biscayne Library Project and a future presentation will be given to Council and the community. The Manager addressed the Council regarding the library design process. Councilmember Moss addressed the Manager regarding the library design process. The Manager addressed the Council regarding a possible November 30, 2021 for a Key Biscayne Library community engagement meeting. Vice Mayor London addressed the Council regarding Councilmember Moss working with Miami- Dade County regarding the library design. Director Ozyman addressed the Council reporting on the status of Crandon Boulevard's traffic and safety improvements. 8of12 Novem ber 16, 2021 Dr. Samimy addressed the Council reporting on the statuses of Miami-Dade County's SMART plan, the Freebee program and possible express service between the Village, Metrorail and Metromover. Mayor Davey addressed Dr. Samimy regarding opening up the seating on Freebee to more than just family members. Dr. Samimy addressed the Council regarding Miami-Dade County's Better Bus Network and the bus service route along Harbor Drive. · The Manager addressed the Council regarding working with Miami-Dade County's Transportation Department and the Director of Public Works regarding a program called "Go Connect" and possibly bringing this program to the Village. There was discussion from Council and Dr. Samimy regarding exploring the Village's needs and demands for transportation. The Manager addressed the Council announcing Miami-Dade County's Transportation Department will make a presentation in January 2022 regarding the Village's public transportation and the County's SMART plan. Dr. Samimy addressed the Council reporting on an update regarding Shoreline Protection and the Army Corp of Engineers' CSRM feasibility report and the Village of Key Biscayne's inclusion in the report and also reported on exploring seawall ordinances for the bay side of the Village. Dr. Samimy addressed the Council reporting on the status of Roadway Improvements and that the final survey from KCI's first phase should be ready at the end of November 2021 and a briefing will be given to Council in the next few weeks. Councilmember McCormick addressed Dr. Samimy regarding the town halls, resident participation and resident's feedback. Councilmember McCormick addressed the administration if the Army Corp of Engineers' presentation can be shown on Channel 77 and the Village's website. Dr. Samimy confirmed a link would be placed on the Village's website. Councilmember McCormick commended the administration for their efforts in having the Village of Key Biscayne included in the 50-year feasibility study. The Manager addressed the Council regarding the above item. Vice Mayor London addressed the Council requesting an additional zoning amendment regarding having a bonus to encourage residents to build their houses high enough to park the cars inside the house. Councilmember Moss addressed the Council stating he will work with the Attorney and the Building, Zoning Reviewer/Planner Olga Garcia and bring this item back to Council at a future date. 9of 12 Nove m ber 16 , 20 2 1 Dr Samimy addressed the Council reporting on Utilities Hardening, submitting grant proposals and meeting with Florida, Power & Light. There was discussion from Council regarding the above items. The Manager addressed the Council regarding the above items and announced he will be meeting with Village lobbyist, Mr. Mario Bailey, the first week in December. Councilmember Moss addressed the Manager regarding the above items. Director Ozyman addressed the Council reporting on a status update for the septic to sewer connections; two additional residences have connected since the last update given and there are 26 residences left to connect to the sewer system. Director Ozyman also reported on the County's enforcement for sewer connection. Director Ozyman addressed the Council reporting on the Capital Improvement Projects. For 28 projects: 15 are in the planning stages, 3 are in design, 6 are in procurement, 2 are in permitting and 2 are in construction. Director Ozyman also reported that the Lake Park improvements are about 26% complete; also reported on the Paradise Park project moving forward and gave an update regarding the Beach Park project and announced a December 2, 2021 Community Engagement Meeting. There was discussion from Mayor Davey and Director Ozyman regarding landscaping contractor service issues. The Manager addressed the Council regarding Stearright and the restructuring of the Manager's Report. Councilmember Lauredo addressed the Manager regarding receiving the Manager's weekly update reports. Mayor and Councilmembers. Councilmember Segurola made a motion that the Village retain Counsel to investigate every possible opportunity that the Village has to sue Miami-Dade County to stop the Rickenbacker RFP. There was discussion from Council and the Attorney regarding the above motion. Councilmember Segurola withdrew his motion. Councilmember Lauredo addressed the Council regarding concerns for traffic and speeding on the Rickenbacker Causeway requesting the Manager and Chief Sousa reach out to the City of Miami. There was no objection to this request. Councilmember Segurola addressed the Attorney regarding the golf cart ordinance. The Attorney addressed the Council regarding the golf cart ordinance. 10 of 12 Novem ber 16, 2021 Director Ozyman addressed the Council regarding golf cart access to Fernwood Road and in between the shopping centers. Village Attorney. The Attorney did not submit a report. Village Clerk. Pursuant to Section 2.02 (b) of the Village Charter, an election was held for the Vice Mayor's seat. The Mayor opened the floor for nominations. Councilmember Caplan made a motion to nominate Councilmember Moss as Vice Mayor. The nomination was seconded by Councilmember McCormick. Councilmember Caplan commended Vice Mayor London for a job well done. There was discussion from Council regarding the above motion. Councilmember Lauredo made a motion to nominate Councilmember Segurola as Vice Mayor. Councilmember Segurola declined the nomination. Vice Mayor London made a motion to nominate Councilmember Lauredo as Vice Mayor. The nomination was seconded by Councilmember Segurola. Vice Mayor London withdrew his motion. The Caplan motion to nominate was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Caplan, McCormick, Moss, Vice Mayor London and Mayor Davey voting Yes. Councilmembers Lauredo and Segurola voting No. 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 9:53 p.m. R esp ectfu lly subm itted : /jiJ noB1Jr b , I\ oc.h Villag e Clerk App roved this 8th day of February 2022: 11 of 12 Novem ber 16 , 2021 IF A PER S ON D E CID ES T O A PPEA L A N Y D E CISIO N MA D E B Y THE VIL L A GE C O UN CIL WI TH R ESPE C T TO A N Y MA T TER C O NSID ER ED A T A ME E TIN G O R HEA R IN G , THA T PER S O N WIL L NEED A R E C O RD O F THE PR O CEED IN GS A ND , F OR S U CH P UR P O SE , MA Y NEED T O ENS UR E THA T A VER BA TIM R E C O RD O F THE PR O CEED IN G S JS MA D E, WHICH R E C ORD IN CL UD ES THE TES TIM O N Y A ND E VID EN CE UP O N WHICH THE A PPEA L IS T O B E BA SED . 12 of 12