HomeMy Public PortalAbout08-24-21 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 , A U G U S T 24 , 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 6:02 p.m. Present were Councilmembers Franklin H. Caplan, Luis Lauredo,
Allison McCormick (arrived 6:05 p.m.), 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. INVOCATION: Rabbi Avremel Caroline, Chabad of Key Biscayne 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
school traffic and requested residents be patient with one another and also wear masks and social
distance to help safeguard the health and well-being of the community.
5. PUBLIC COMMENTS: The following residents addressed the Council: Maria Victoria
Kenny, 789 Crandon Boulevard; Steve Simon, 335 Harbor Lane; Karina Acquarone, 141 Crandon
Boulevard; Ana Brisky, 691 Hampton Lane and Magdalena Castro, 199 Ocean Lane Drive.
6. AGENDA: Councilmember Lauredo requested to defer Item 1 0A to the September 81\
2021 Regular Council Meeting. The motion was seconded by Mayor Davey.
The Attorney addressed the Council regarding Item 1 0A.
At this time Mr. Tom Weber, from the Weber Studio, addressed the Council regarding Item lOA.
I o/9
A u gu st 24, 202 1
There was discussion from Council regarding the above motion.
Councilmember Lauredo withdrew his motion.
Councilmember Segurola requested the addition of a discussion item regarding athletic field usage
for girl's field hockey as Item 12B5.
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: There were no presentations given to Council.
8. CONSENT AGENDA: Councilmember Lauredo made a motion to approve the consent
agenda. The motion was seconded by Mayor Davey.
The minutes of the June 15th, 2021 Regular Council Meeting.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING A ONE YEAR EXTENSION TO THE
ENGAGEMENT AGREEMENT WITH MARCUM, LLP FOR ANNUAL AUDITING
SERVICES IN AN AMOUNT NOT TO EXCEED $63,000 AND ADDITIONAL AUDIT
SERVICES ON AN AS NEEDED BASIS; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, NAMING THE PUBLIC PARK PROPERTY LOCATED AT 530
CRANDON BOULEVARD TO "PARADISE PARK"; PROVIDING FOR AN EFFECTIVE
DATE.
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.
9. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
COMPREHENSIVELY UPDATING AND REVISING CHAPTER 30, "ZONING AND
LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF
ORDINANCES; 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 Councilmember Caplan. ·
A ugust 24, 202 1
There was discussion from Council regarding the above item and artificial turf.
Vice Mayor London addressed the Council suggesting for Councilmembers to submit to the Clerk
any questions regarding the above ordinance in advance of the second reading of the ordinance.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
Councilmember McCormick addressed the public stating three workshops regarding this
ordinance were held and can be viewed on the Village's website.
The ordinance was approved on first reading 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.
The Clerk announced the second reading of the ordinance will be held on October 12, 2021.
10. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING A VARIAN CE TO ALLOW MAXIMUM WALL
HEIGHT OF A THIRD STORY TO ENCROACH INTO MINIMUM SETBACK LINES
ON THE PROPERTY LOCATED AT 630 SUNSET CIRCLE; PROVIDING FOR
FINDINGS; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDING; AND
PROVIDING FOR AN EFFECTIVE DA TE.
Councilmember Moss made a motion to approve the resolution. The motion was seconded by Vice
Mayor London.
At this time Mayor Davey recused himself from voting and exited the Chamber.
The Attorney addressed the Council regarding the above resolution.
The Clerk swore in Mr. Weber and Zoning Planner Ms. Olga Garcia.
Zoning Planner Ms. Garcia addressed the Council regarding the above item and the staff
recommendations.
There was discussion from Council regarding the above resolution.
Mr. Weber addressed the Council giving a presentation regarding the above resolution.
A ug ust 24, 202 1
The Attorney addressed the Council clarifying the motion is to approve the resolution with the
staffs recommended conditions.
The Vice Mayor opened the public hearing. There were no speakers present. The Vice
Mayor closed the public hearing.
The resolution was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers
Caplan, Lauredo, McCormick, Moss, Segurola and Vice Mayor London voting Yes.
At this time resident Daniela Xacur addressed the Council regarding the above item.
The Clerk read the following resolution by title:
A CAPITAL AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING JLMB CONSTRUCTION
CORP. FOR THE LAKE PARK GAZEBO IMPROVEMENTS PROJECT IN AN
AMOUNT NOT TO EXCEED $77,000; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Moss.
Building, Zoning, Planning and Public Works Director Jake Ozyman addressed the Council
regarding the above resolution.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
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 A CHANGE ORDER FOR KCI TECHNOLOGIES,
INC. FOR CONSTRUCTION, ENGINEERING, AND INSPECTION (CEI) SERVICES
FOR THE SAFE ROUTES TO SCHOOL (SRTS) PROJECT IN AN AMOUNT NOT TO
EXCEED $49,752.26; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Moss.
A ugu st 24, 2021
The Manager and Director Ozyman addressed the Council regarding the above resolution.
There was discussion from Council regarding the above resolution.
Councilmember Caplan made a motion to include in the resolution that Item 4 in the exhibit is
eliminated and an affirmative statement saying that the project does not include the sidewalk at
Harbor Park. The motion was seconded by Councilmember Lauredo.
The Attorney addressed the Council regarding the motion clarifying the sidewalk will not be
constructed nor paid for as part of this project.
The motion 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 resolution, 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.
11. PUBLIC COMMENTS: The following resident addressed the Council: Felipe Rojas, 151
Crandon Boulevard.
At this time Mayor Davey made a motion to hear Item 12B5. The motion was seconded by
Councilmember Moss 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 the allocation of Athletic Field usage.
Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council
reporting on the above item.
There was extensive discussion from Council regarding the above item and requesting to have the
Village Athletics Advisory Board make a presentation at a future Council Meeting to report on the
time allotment of Athletic Field usage for soccer and other sports. Councilmember McCormick
addressed the Council requesting that data be given at this presentation to show how many people
in each sport are being turned away and how many girls are in all of the girl's offering of sports
including soccer.
The Manager addressed the Council stating he will meet with his administration to look at the
numbers and will speak with the Village Athletics Advisory Board.
12. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Village Manager. The Manager's report was heard.
A ug ust 24, 202 1
Fire Rescue Chief Eric Lang addressed the Council reporting that for a 7 day average the Village
has a 15% Covid 19 positivity rate and reporting almost 1,300 vaccines have been administered
during the vaccine pop-up events at the Key Biscayne Community Center. The next event is
scheduled for September 10°1, 2021.
There was discussion from Council and Chief Lang regarding the Pfizer Covid 19 vaccine booster
shots.
Director Hofferberth addressed the Council reporting on the status of the Paradise Park project and
the delay in construction due to DERM's needed approval.
There was discussion from Council and the Manager regarding the above item.
It was the consensus of Council to direct the Manager to move forward on the construction of
Paradise Park once DERM's directives are received and after three bids are received and to take
the lowest acceptable bid and to not have to come back to Council for approval.
The Manager addressed the Council regarding presenting gift cards to the winners of the naming
contest for the park at 530 Crandon Boulevard.
Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council reporting
on the status of the Kite Surfing program.
The Attorney and the Manager addressed the Council regarding enforcement for vessel exclusion
zones.
There was extensive discussion from Council and the Manager regarding enforcement, buoys,
paddleboards and swimming safety.
Director Hofferberth addressed the Council reporting on a cost estimate for a skateboard park
project.
There was discussion from Council regarding the above item.
It was the consensus of Council to direct Director Hofferberth to look at smaller, creative
skateboard park projects for no more than $150,000.
Director Hofferberth addressed the Council regarding the status of the Mast Academy solar panels
project.
There was discussion from Council regarding solar panel market price volatility and contract
terms.
Chief Building Official Rene Velasco addressed the Council giving an update on the building
recertification program.
A ug ust 24, 2021
There was discussion from Council regarding the above item and outreach via the Village website.
Building Official Velasco addressed the Council reporting on the National Flood Insurance
Program (NFIP), CRS rating and the risk rating 2 status.
There was discussion from Council and the Manager regarding the above items and the NFIP
moving to a risk-based insurance.
Director Ozyman addressed the Council reporting on the Fernwood Road parking project status.
There was discussion from Council regarding back-in parking and changing the slope of the newly
installed pavers due to flooding.
Director Ozyman addressed the Council reporting on the status of the conversion from the septic
to sewer project with one additional house being hooked up to the sewer system.
Director Ozyman addressed the Council reporting on the status of the Safe Routes to Schools
project and a grant review of $128,000 due to change orders and cost ovenuns.
Dr. Samimy addressed the Council reporting on status of the beach access point easement
agreements.
Dr. Samimy addressed the Council reporting on an update of the Free bee program and reporting a
ridership of 7,500 for the month of July.
Dr. Samimy addressed the Council reporting on a micro mobility pilot concept for Ebikes.
There was discussion from Council regarding the above item.
It was the consensus of Council to not have a motorized electric bike program in the Village due
to safety concerns.
The Manager addressed the Council regarding the above item.
Dr. Samimy addressed the Council reporting on an update for the sargassum removal plan stating
there were 30 trucks that hauled seaweed for the month of August and reported on composting
options and cost projections for FY21 and FY22 and the RFP proposal.
There was discussion from Council regarding the above items.
It was the consensus of Council to move forward with continuing to haul seaweed as needed to
keep the beach clean.
Dr. Samimy addressed the Council reporting on an update of the Village's participation in the
United States Army Corps of Engineers (USACE) Coastal Storm Risk Management Beach
Protection Feasibility Study.
A ug ust 24, 202 1
There was discussion from Council regarding the above item.
The Manager addressed the Council reporting on an update of the Rickenbacker Causeway RFP.
It was the consensus of Council to hold a Special Council Meeting on September l ", 2021 at 6:00
p.m. regarding the Rickenbacker Causeway.
The Attorney and the Manager addressed the Council regarding the Rickenbacker Causeway and
the cone of silence for key stakeholders.
There was extensive discussion from Council regarding the Rickenbacker Causeway.
The Manager addressed the Council reporting on the recommended FY22 legislative and partner
goals.
There was discussion from Council regarding grants, playing fields, Miami-Dade County public
works and maintenance facilities and standardizing risk analysis with the Public Utility
Commission.
The Manager addressed the Council reporting on the Community Group transition plan and
keeping the Community Group funding at the FY21 amounts.
There was discussion from Council regarding the Youth Council and the Key Biscayne
Community Foundation.
Chief Financial Officer Benjamin Nussbaum addressed the Council presenting a cost and time
estimate regarding an open public records access system.
There was discussion from Council and the Manager regarding the above item.
Mayor and Councilmembers. Mayor Davey addressed the Council appointing Myriam Brill, Jill
Stephens and Jimmy Ly to the Village Athletics Advisory Board, Ignacio Ortiz to the Parks and
Open Spaces Board and Sylvia Tarafa, Jackie Kellogg, Layla Pizarro Roa and Patricia Agostini to
the Education Advisory Board.
It was the consensus of Council to confirm the appointments.
Councilmember Lauredo addressed the Council regarding codifying Advisory Board membership
criteria and to bring a resolution back at the October Regular Council Meeting.
Councilmember Segurola addressed the Council requesting to remove Item 12B2 from the agenda,
and to hear Item 12B4 before Item 12B3. There was no objection to the requests.
Councilmember Segurola addressed the Council regarding the Village's police policy towards
minors and thanked former Chief of Police Charles R. Press and Interim Chief of Police Jason
Younes for their work.
A ug ust 24, 202 1
Councilmember Segurola addressed the Council regarding the golf cart ordinance.
There was discussion from Council regarding the above item.
It was the consensus of Council to hold a workshop regarding the golf cart ordinance on October
191\ 2021.
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 10:09 p.m.
R esp ectfi ully subm itt ed :
3:'t!r ~ (ocl--._
Vi llag e Clerk
App roved this 26th
/2JJ_(/t./
Michael 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 PERS ON WILL NEED A R E C ORD O F THE PR O CEEDINGS A ND , FOR
S UCH P UR P O SE, MA Y NEED TO ENS UR E THA T A VER BA TIM R E C OR D O F THE
PR O CEEDINGS IS MA D E, WHICH R E C OR D INCL UD ES THE TESTIMON Y A ND
E VID ENCE UP ON WHICH THE A PPEA L IS TO B E BA SED .