HomeMy Public PortalAbout12-04-18 Regular Council MeetingMINUTES
COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, DECEMBER 4, 2018
COUNCIL CHAMBER
560 CRANDON BOULEVARD
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 Luis Lauredo, Edward London, Brett
G. Moss, Kathleen Petros, Ignacio Segurola, Vice Mayor Allison McCormick and Mayor
Michael W. Davey. Also present were Village Manager Andrea Agha, Village Clerk Jennifer
Medina and Village Attorney Chad Friedman.
2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance.
3. BRIEF COMMENTS BY COUNCIL: Mayor Davey thanked the individuals involved
with coordinating yet another wonderful V/interfest community event that took place last
weekend and also commended Art Yerian from the State Park for hosting a great Holiday
Festival.
Councilmember Lauredo addressed the public and the Council requesting a moment of silence in
honor of the 41't President of the United States, George H.W. Bush.
Councilmember Petros addressed the public and the Council regarding the passing of Gail Serota
from V/eiss Serota Helfman Bierman & Cole recognizing her for many years of dedicated
service and support to our community and others.
4. AGENDA: Councilmember Lauredo requested the addition of a discussion regarding
resolutions honoring the 4l't President of the United States, George H.V/. Bush and Gail Serota
from Weiss Serota Helfman Cole & Bierman as Item 10413. The Manager on behalf of
Councilmember London requested to remove Item 1045. There were no objections to the agenda
changes.
December 4, 2018
5. PUBLIC COMMENTS: The following resident addressed the Council: Anne Taintor,
170 Ocean Lane Drive.
6. SPECIAL PRESENTATIONS: The Manager introduced Randell Owen from Matrix
Consulting. Randell Owen conducted a presentation regarding a fleet management policy. There
was extensive discussion by Council regarding the current Village's fleet replacement schedule.
7. CONSENT AGENDA: Councilmember Petros made a motion to approve the following
consent agenda. The motion was seconded by Councilmember Moss and approved by a 7-0
voice vote. The vote was as follows: Councilmembers Luis Lauredo, Edward London, Brett G.
Moss, Kathleen Petros, Ignacio Segurola, Vice Mayor Allison McCormick and Mayor Michael
W. Davey voting Yes.
The minutes to the July 6, 2018 Special Council Meeting.
The minutes to the July 17,2018 Special Council Meeting.
The minutes to the October 30,2018 Special Council Meeting.
The minutes to the October 30, 2018 Regular Council Meeting.
The minutes to the November 5,2018 Special Council Meeting.
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, SELECTING EMPOWER RETIREMENT (AKA GREAT.
\ryEST LIFE & ANNUITY INSURANCE COMPANY AND ITS SUBSIDIARY, ADVISED
ASSETS GROUP, LLC) FOR ADMINISTRATIVE, RECORDKEEPING, ADVISORY
AND OTHER SERVICES RELATING TO THE VILLAGE'S RETIREMENT PLAN;
PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
A RESOLUTION OF THE MAYOR AND VILLAGE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING AN AGREEMENT BET\ryEEN THE VILLAGE
AND MAESTRO HEALTH, INC. FOR HEALTH ADMINISTRATION SERVICES;
PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
8. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, F'LORIDAO AMENDING
ORDINANCE NO. 2OI7-7 \ilHICH ADOPTED THE BUDGET FOR FISCAL YEAR
2OI7-20I8 BY REVISING THE 2017-2018 FISCAL YEAR OPERATING BUDGET;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
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Vice Mayor McCormick made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Lauredo.
The Manager addressed the Council regarding the adoption of this ordinance on first reading.
There was extensive discussion by Council regarding the adoption of the revised budget for
fiscal year 2017-2018.
It was the consensus of Council to direct the Manager to provide an explanation during the
Budget V/orkshop regarding expenditures that are over or under the allocated budget line items.
The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Luis Lauredo, Edward London, Brett G. Moss, Kathleen Petros, Ignacio
Segurola, Vice Mayor Allison McCormick and Mayor Michael W. Davey voting Yes.
The Clerk announced the second reading of this ordinance for January 22,2018 contingent on
Council's approval of the 2019 Regular Council Meeting schedule being heard during Item
10c1.
The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNEO FLORIDA, CREATING
THE 2O4O VISION PLAN COMMITTEE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Moss made a motion to adopt the ordinance on first reading. The motion was
seconded by Mayor Davey.
The Manager addressed the Council recommending approval of this ordinance on first reading
and requested to rename the committee by inserting the word strategic, to read as follows: *2040
Strategic Vision Plan Committee".
There was extensive discussion by Council regarding the creation of a 2040 Vision Plan
Committee.
It was the consensus of Council to allow each Councilmember to appoint one member to the
2040 Vision Plan Committee.
The Manager addressed the Council regarding bringing forth the necessary legislation at the
January Council meeting to contract a facilitator to conduct a Council/Staff planning workshop
to prioritize capital projects and move towards developing a strategic plan.
Councilmember Lauredo addressed the Council regarding replacing 2040 Vision Plan with 2040
Action Plan.
Councilmember Moss made a motion to rename the committee to the "2040 Strategic Vision
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Plan Committee". The motion was seconded by Councilmember Lauredo and approved by a7-0
voice vote. The vote was as follows: Councilmembers Luis Lauredo, Edward London, Brett G.
Moss, Kathleen Petros, Ignacio Segurola, Vice Mayor Allison McCormick and Mayor Michael
W. Davey voting Yes.
The Mayor opened the public hearing and allowed public comments for Item 841. The
following residents addressed the Council: Derek Duzoglou, 155 Sunrise Drive and Tony
Winton, 121 Crandon Boulevard. The Mayor closed the public hearing.
At this time Councilmember Lauredo made a motion to appoint Councilmember Moss as the
Council Liaison to the 2040 Strategic Vision Plan Committee. The motion vr'as seconded by
Councilmember London and approved by 7-0 voice vote. The vote was as follows:
Councilmembers Luis Lauredo, Edward London, Brett G. Moss, Kathleen Petros, Ignacio
Segurola, Vice Mayor Allison McCormick and Mayor Michael V/. Davey voting Yes.
The ordinance, as amended, was adopted on first reading by 7-0 roll call vote. The vote was as
follows: Councilmembers Luis Lauredo, Edward London, Brett G. Moss, Kathleen Petros,
Ignacio Segurola, Vice Mayor Allison McCormick and Mayor Michael W. Davey voting Yes.
The Clerk announced the second reading of this ordinance for January 22,2018 contingent on
Council's approval of the 2019 Council Meeting schedule during Item 10C1.
9. RESOLUTIONS: The Clerk read the following resolution, by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, EXTENDING ZONING IN PROGRESS FOR PREPARATION
OF AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS TO PROHIBIT
OR REGULATE MEDICAL MARIJUANA FACILITIES; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember London made a motion to approve the resolution. The motion was seconded by
Councilmember Moss.
The Manager addressed the Council regarding the approval of this resolution.
There was extensive discussion by Council regarding the regulations to allow or prohibit medical
marijuana facilities.
Councilmember Lauredo addressed the Council regarding his opposition to allow medical
marijuana facilities in the Village of Key Biscayne.
The Attorney addressed the Council regarding the approval of this resolution and introduced his
colleague, Kathryn Mehaffey from V/eiss Serota Helfman Bierman & Cole.
Kathryn Mehaffey addressed the Council regarding extending the zoning in progress for 91 days
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to prepare amendments to the land development regulations to prohibit or regulate medical
marijuana facilities.
The Attorney addressed the Council regarding bringing back an ordinance on first reading at the
next regularly scheduled Council meeting.
It was the consensus of Council to direct the Manager to gather information from other like-
communities allowing medical marijuana facilities; listing the negative impacts, if any, to the
communities which allow such facilities; and lastly, to compile all filed complaints with the State
of Florida regarding medical marijuana facilities.
The resolution was approved by a 6-I roll call vote. The vote was as follows: Councilmembers
Luis Lauredo, Brett G. Moss, Kathleen Petros, Ignacio Segurola, Vice Mayor Allison
McCormick and Mayor Michael V/. Davey voting Yes. Councilmember Edward London voting
No.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Petros addressed the Council regarding the next
steps for Ultra Music festival at Virginia Key.
There was extensive discussion by Council regarding an environmental impact study, traffic
study, special legal representation and the Ultra Music festival's MOT plan.
Councilmember Segurola addressed the Council providing an update on the interviews that took
place seeking Special Legal Counsel specifically for the Ultra Music festival at Virginia Key and
recommended Carlton Fields as the preferred legal firm.
It was the consensus of Council to appoint Councilmember London to negotiate the proposed
fees with the preferred legal firm, Carlton Fields.
There was extensive discussion by Council regarding the scope of services to be included within
the proposed contract with the preferred legal firm, Carlton Fields.
The Public V/orks Director Jake Ozyman addressed the Council regarding hiring a traffic
engineer to analyze and review the MOT plan for the Ultra Music Festival at Virginia Key.
At this time, the Chief of Police Charles R. Press addressed the Council regarding the MOT plan
for the Ultra Music Festival at Virginia Key.
It was the consensus of Council to direct the Manager to hire a traffic engineer to review the
Ultra Music Festival's MOT in an amount not to exceed $10,000.
It was the consensus of Council to appoint Councilmember Segurola to negotiate the contract
terms and conditions with the preferred legal firm, Carlton Fields, and bring forth a proposed
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contract for Council consideration.
Councilmember Lauredo made a motion to authorize the Manager to expend an amount not to
exceed $20,000 by the first regularly scheduled Council meeting held in January to provide
Special Legal Counsel for purposes of the Ultra Music Festival at Virginia Key. The motion was
seconded by Councilmember McCormick and approved by a 7-0 voice vote. The vote was as
follows: Councilmembers Luis Lauredo, Edward London, Brett G. Moss, Kathleen Petros,
Ignacio Segurola, Vice Mayor Allison McCormick and Mayor Michael V/. Davey voting Yes.
The Attomey addressed the Council regarding allowing the Mayor to sign the Special Legal
Counsel engagement letter with Carlton Fields in an amount not to exceed $20,000.
It was the consensus of Council to direct the Manager to support the environmental groups for
the purposes of gathering environmental data and necessary communication efforts relating to
the Ultra Music Festival at Virginia Key.
At this time Councilmember Petros addressed the Council regarding the proposed
improvements to the Key Biscayne Library.
The Manager addressed the Council providing a status update of the proposed improvements to
the Key Biscayne Library.
Councilmember Petros made a motion to direct the Attorney to send a formal opinion letter to
the Miami-Dade County Attorney's office regarding expanding the library building by adding a
second floor and also directed the Manager to start meeting with the Miami-Dade County
Library Director regarding the possible future improvements to the existing Key Biscayne
library. The motion was seconded by Councilmember Lauredo.
Councilmember Petros amended the motion by adding the condition the Village must first
receive a yes response from the Miami-Dade County Attomey's office to expand the existing
Key Biscayne library before the Manager starts meeting with the Miami-Dade County Library
Director. The motion was seconded by Councilmember Lauredo and approved by a 7-0 voice
vote. The vote was as follows: Councilmembers Luis Lauredo, Edward London, Brett G. Moss,
Kathleen Petros, Ignacio Segurola, Vice Mayor Allison McCormick and Mayor Michael W.
Davey voting Yes.
Mayor Davey addressed the Council regarding the reappointments and appoints to the
Village Boards and Committees.
Councilmember Lauredo made a motion to appoint Servando Parapar and Fernando Yazquez to
the Undergrounding Utility Task Force Committee. The motion was seconded by
Councilmember Petros and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Luis Lauredo, Edward London, Brett G. Moss, Kathleen Petros, Ignacio
Segurola, Vice Mayor Allison McCormick and Mayor Michael V/. Davey voting Yes.
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It was the consensus of Council to appoint Councilmember Segurola as the Council Liaison to
the Underground Utility Task Force Committee.
It was the consensus of Council to direct the Attomey to bring back the necessary legislation to
amend the number of board members to the Art in Public Places Board from 8 members to 7
members.
It was the consensus of Council to make the required appointments to the Village Boards and
Committees at the next regularly scheduled Council meeting.
It was the consensus of Council to direct the Clerk to add one Committee presentation per
meeting on a rotating basis.
Councilmember London addressed the Council regarding becoming fiscally responsible
in the Village of Key Biscayne.
There was extensive discussion by Council regarding hiring consultants to evaluate the
departments.
Councilmember Lauredo addressed the Council regarding his opposition to hire consultants to
evaluate each department.
The Manager addressed the Council regarding completing a Classification and Compensation
study this fiscal year.
It was the consensus of Council to direct the Manager to gather proposals for consultants that
evaluate and recommend best practices for departments to be presented to Council.
Councilmember London addressed the Council regarding the total number of Village
street lights needed, the project cost, issuing a Request for Proposals and the project timeline.
There was extensive discussion by Council regarding residents opposed to installing street lights.
The Manager addressed the Council regarding the Village's Special Lighting Districts.
The Public'Works Director Jake Ozyman addressed the Council regarding street lighting.
It was the consensus of Council to direct the Manager to gather proposals for solar powered
street light poles to replace the light poles within the Special Lighting Districts and begin
transferring the Special Lighting Districts from Miami-Dade County to the Village of Key
Biscayne.
Councilmember London addressed the Council regarding the methodology on sidewalks,
project cost, issuing a Request for Proposals and project timeline.
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Councilmember Lauredo addressed the Council regarding his opposition to street lighting and
sidewalks on every street.
The Manager addressed the Council regarding the Safe Routes to School plan to place sidewalks.
The Public V/orks Director Jake Ozyman addressed the Council regarding placing sidewalks
prior to undergrounding the utilities.
Councilmember London addressed the Council regarding the current drainage
engineering plan and requested a status update for the project.
There was extensive discussion by Council regarding a stormwater rate study
Councilmember Segurola addressed the Council regarding the need for a second stormwater rate
study taking into account adding the condominium's storm water systems to the Village's
maintenance program.
The Attorney addressed the Council regarding expending taxpayer monies on private property
and a stormwater rate analysis.
The Manager also addressed the Council regarding the current stormwater rates and a future
stormwater rate study.
Councilmember London addressed the Council regarding the Village offtce meeting
space analysis.
There was extensive discussion by Council regarding identifying available and underutilized
office meeting spaces.
It was the consensus of Council to direct the Manager to bring back an analysis of
available/underutilized office meeting space.
Councilmember London addressed the Council regarding possible additional parking
spaces by utilizing parking lifts.
It was the consensus of Council to direct the Manager to analyze the feasibility and aesthetics of
adding parking lifts on Village property together with three proposals to purchase and install
parking lift(s).
Councilmember London addressed the Council regarding building and zoning changes by
raising the base flood elevation and bonuses for parking access under the homes.
The Building, Zoning and Planning Director Sergio Ascunce addressed the Council regarding the
current base flood elevation and bonuses.
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There was extensive discussion by Council regarding raising the base flood elevation.
It was the consensus of Council to appoint Councilmember Moss to meet with the Building,
Zoning and Planning Director to explore different options for raising the base flood elevations
and present these options to the Council at the next regularly scheduled Council meeting.
Councilmember London addressed the Council regarding reviewing and eliminating
existing non-effrcient regulations.
Councilmember Lauredo made a motion to direct the Manager to have directors review and
eliminate existing non-efficient regulations. The motion was seconded by Councilmember Moss
and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis Lauredo,
Edward London, Brett G. Moss, Kathleen Petros, Ignacio Segurola, Vice Mayor Allison
McCormick and Mayor Michael V/. Davey voting Yes.
Councilmember Lauredo addressed the Council regarding bringing forth resolutions
honoring the 41't President of the United States, George H.W. Bush and Governor Jeb Bush; and
as well as, Gail Serota from V/eiss Serota Helfman Cole & Bierman in a timely manner.
Village Attorney. The Attorney did not submit a report
Village Clerk. The Clerk presented the Council with the proposed 2019 Council Meeting
schedule.
The Mayor addressed the Council regarding altering the proposed 2019 Council meeting
schedule to reflect a meeting date approximately every three weeks.
Councilmember Petros made a motion to approve the amended 2019 Council meeting schedule
to include a meeting approximately every three weeks, begin all regularly scheduled Council
meetings at 6:00 p.m. and end at 10:00 p.m. The motion was seconded by Vice Mayor
McCormick and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Luis
Lauredo, Edward London, Brett G. Moss, Kathleen Petros, Ignacio Segurola, Vice Mayor
Allison McCormick and Mayor Michael W. Davey voting Yes.
At this time the Clerk addressed the Council regarding Resolution 2017-35, Section 5.
There was extensive discussion by Council regarding Resolution 2017-35, Section 5
Village Manager. The Manager did not submit a report.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business
discussed.
12. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
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13. SCHEDULE OF FUTURE MEETINGSÆVENTS: A schedule of tuture meetings and
events was presented to the Council.
14. ADJOURNMENT: The meeting was adjourned at 10:50 p.m.
Resp e c tfu I ly s u b mítt e d :
--Clerk
Approved thß 1|th døy of Jønuarv.2019:
1..L/
Michael ÍIt. Døvey
Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILL,AGE
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, TTHICH RECORD INCLUDES THE TESTIMONY AND
EWDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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