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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 .