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HomeMy Public PortalAbout02-08-22 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 KE Y B IS C A YN E , F L O RI D A T U E S D A Y , F E B R U A R Y 8, 2 0 2 2 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 6:00 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: Reverend Juan Carlos Paguaga, St. Agnes Catholic Church gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public announcing the Children's Business Fair set for this weekend and encouraged the community to attend, also announced he and the Manager attended the "Dade Days" event in Tallahassee, also announced a Town Hall tentatively scheduled for March I51, 2022 at 6:30 p.m. hosted by Miami-Dade County Mayor Daniella Levine Cava regarding new building recertification changes; Councilmember Lauredo, Vice Mayor Moss and Mayor Davey addressed the Council and the public regarding the recent decision on the Rickenbacker Causeway Request for Proposal and congratulated the community, the Manager and the Attorney and fellow Councilmembers on working together and having a focused policy and message; Vice Mayor Moss announced next week's Vision Board workshops and encouraged residents to participate and attend and Councilmember Caplan addressed the Council stating he may not be able to attend the March 8th Regular Council Meeting and recognized last Friday's event for the late Clifford Brody and recognized the passing of resident Mede Hamm and sent condolences to his family and many friends. February 8, 2022 5. PUBLIC COMMENTS: The following residents addressed the Council: Servando Parapar, 240 Cypress Drive; Eduardo Sanchez, 260 Cypress Drive; Fausto Gomez, 765 Crandon Boulevard; Cecile Sanchez, 260 Cypress Drive; Louisa Conway, 151 Crandon Boulevard; Kenneth Coto, 635 Harbor Drive and Jennifer Stearns Buttrick, 180 Cape Florida Drive. 6. AGENDA: Mayor Davey requested to defer Items 9Al and 9A2 to a future date to be determined, requested to hear Item 13A immediately after Item 11, requested the addition of a discussion on Swales and Curbs as Item 12B8 and requested to defer Items 12B2 and 8B to the next Regular Council Meeting; Vice Mayor Moss requested the addition of a discussion on Traffic Control as Item 12B9; Councilmember London requested the addition of a discussion on a Moratorium on Construction on Bay Front Lots as Item 12B10; Councilmember Lauredo requested to hear a portion of Item 12B2, Appointments/Reappointments for Board of Trustees and for it to be discussed with Item 9A3 and the Clerk requested to defer Item 8C to the next Regular Council Meeting. There was discussion regarding the above proposed agenda changes. Councilmember Caplan made a motion to approve the agenda, as amended. 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. At this time Councilmember Lauredo made a motion to hear the consent agenda before Item 7. The motion was seconded by Vice Mayor Moss 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 minutes of the November 16th, 2021 Regular Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE ALLOWING THE USE OF PARK IMPACT FEES FOR GREENW A YS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A FIRST AMENDMENT TO THE JOINT USE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE INSTALLATION OF SOLAR PANELS AT THE MARITIME AND SCIENCE TECHNOLOGY ACADEMY (MAST) IN AN AMOUNT NOT TO EXCEED $40,000; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the consent agenda. The motion was seconded by Vice Mayor Moss 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. 2of9 February 8, 2022 7. SPECIAL PRESENTATION: Chief Resilience and Sustainability Officer Dr. Roland Samimy introduced Mr. Fernando Vasquez with AECOM who then gave a presentation on the K-8 Stormwater System Design Criteria. There was discussion from Council, Mr. Vasquez, Dr. Samimy and Public Works Director Jake Ozyman regarding the above presentation and the K-8 Stormwater System's next steps. Councilmember Lauredo made a motion to accept AECOM's recommendations from the above presentation. 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. Councilmember Lauredo addressed the Council stating there have been two Town Halls on the above subject item in order to inform and educate the public. The Manager addressed the Council regarding the above presentation and Councilmember Lauredo commended Dr. Samimy's work. 8. CONSENT AGENDA: The consent agenda was heard earlier in the evening. 9. ORDINANCES: The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 23-33, "BOARD OF TRUSTEES," OF CHAPTER 23 OF THE VILLAGE CODE OF ORDINANCES TO MODIFY THE LENGTH OF TERMS OF BOARD MEMBERS OF THE POLICE OFFICERS AND FIREFIGHTERS PENSION TRUST FUND BOARD OF TRUSTEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the ordinance. The motion was seconded by Councilmember Caplan. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Lauredo addressed the Council regarding the Board of Trustees and recommended the appointment of Mr. Adolfo Henriquez for a four-year term and recommended the reappointment of Mr. Bill Stephens for a two-year term and recommended that these terms would be staggered going forward. Councilmember London made a motion for the Council to appoint Mr. Henriquez to the Board of Trustees. The motion was seconded by Vice Mayor Moss 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. There was extensive discussion from Council, the Attorney and Chief Financial Officer Benjamin Nussbaum regarding the Board of Trustees, certification questions and board continuity. 3 o/9 February 8, 2022 The ordinance failed on first reading by a 0- 7 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting No. Councilmember Lauredo made a motion for the Council to reappoint Mr. Stephens to the Board of Trustees. 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. 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 REQUEST TO ALLOW INSTALLATION OF A TEN-FOOT WALL IN THE REAR ZONE OF THE PROPERTY LOCATED AT 131 ISLAND DRIVE; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. The Clerk swore in Ms. Helena D' Amato and Building, Zoning and Planning Director Jeremy Calleros Gauger. Ms. Helena D 'Amato, 131 Island Drive and Director Calleros Gauger addressed the Council giving testimony regarding the above resolution. The Attorney addressed the Council stating a scrivener's error in the 3rd Whereas clause would need to be amended. There was extensive discussion from Council and Director Calleros Gauger regarding the above resolution. Vice Mayor Moss made a motion to approve the resolution with the removal of the condition requiring the wall to be taken down if there is a future grade change. Councilmember London addressed the Council regarding the height allowance of the wall to be measured from the commercial side. There was discussion from Council regarding this item. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Vice Mayor Moss amended his motion to approve the resolution, removing the conditions and to include that the height allowance of the wall be measured from the commercial side. The motion, as amended, 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 4 of9 February 8, 2022 and Mayor Davey voting Yes. At this time the Council took a five-minute break. The meeting reconvened at 8:54 p.m. At this time the Manager's report was heard. Village Manager. Dr. Samimy addressed the Council reporting on the status of the kite surfing program, the vessel exclusion zone, enforcement, regulatory buoys and replacing signage for the pilings. There was extensive discussion from Council and Dr. Samimy regarding the above items, beachgoer safety, sand depositing on the beach and placement of the pilings. Julio Diaz, 201 Crandon Boulevard addressed the Council. Dr. Samimy will report back to Council in terms of cost and the process for the installation of pilings at a future date to be determined. The Attorney addressed the Council reporting that the Village's ordinance provides that the vessel exclusion zone goes out 300 ft. from the erosion control line and that the municipal boundary goes out 500 ft. and to look at the reason why 300 ft. was originally chosen for the vessel exclusion zone, and that the ordinance can be amended if needed. The Manager addressed the Council regarding a Community Policing Plan for the goal of having a Safe and Secure Village. Chief of Police Frank Sousa gave a presentation on the above plan including working in partnership with the community, traffic and maritime safety concerns, maximizing police staffing, youth engagement, sustained golf cart education and enforcement including scooters, completing "Cpted" surveys, better communication, more street and park lighting and improving security camera coverage throughout the Village. Chief Sousa also discussed increased police call volumes, officers having dual roles, a succession plan, zone policing and deployment, training and development, policing for gated communities, traffic modifications, safety enhancements and the request to hire two additional police officers. There was extensive discussion from Council regarding the above presentation and police enforcement on the Rickenbacker Causeway and at Mast Academy, police maritime enforcement and staffing. Councilmember Lauredo made a motion to accept the recommendations from Chief Sousa's presentation. The motion was seconded by Mayor Davey and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. Councilmember London voting No. The Manager addressed the Council stating the sargassum update report will be presented at the March 8th, 2022 Regular Council Meeting. 5 o/9 February 8, 2022 The Manager addressed the Council regarding the recent adjusting of the traffic lights, moving the placement of the crossing guards and the intersections of Harbor Drive and Key Colony. Director Ozyman addressed the Council reporting on the Crandon Boulevard Traffic and Safety Project update stating that the project is on schedule. There are two segments of the project: design and planning which are scheduled to be completed in May with construction to start in June/July 2022. The administration is also working on additional projects involving Fernwood Road and Harbor Drive Circle, a possible speed limit reduction and the removal of some of the pedestrian crossings on Crandon Boulevard. The Manager addressed the Council stating there will be a public meeting regarding future planning for Crandon Boulevard. The Manager addressed the Council reporting on the septic to sewer conversion stating that there are 11 properties remaining on the septic system and commended the work done by Director Ozyman and the Department of Public Works. The Manager addressed the Council reporting on the State budget status: $550,000 for Crandon Boulevard, $275,000 for stormwater quality initiatives, $450,000 for sargassum seaweed removal and composting and an addition into FDOT's budget for $150,000 for annual maintenance fees for the Village's maintenance of Crandon Boulevard. The Manager is also waiting on feedback regarding a planning grant for resilient infrastructure strategy and implementation plan in the amount of $624,000. There was discussion from the Council and the Manager regarding the above items. The Manager addressed the Council regarding the Coastal Storm Risk Management (CSRM) project update stating that the agency decision milestone will occur on February 17t11, 2022 which is when the Army Corps of Engineers will decide when the tentatively selected plan becomes the final plan. The Headquarters has concerns regarding the Village's backside of the island and having the Village secure and protect this side of the Village before the front side of the Village is completed. The Manager commended the work of Dr. Samimy and the dedication of the residents of the Village. The Manager discussed that Miami-Dade County is on a timeline and that the Village would be a branch of the project which would turn into a Back Bay study which would require a waiver costing approximately $2 to 3 million dollars. The funding options would be the Bipartisan Budget Act from 2018 and then any residual costs would be a 50/50 split between the Federal government and the local sponsor, Miami-Dade County and the Village would need to determine with the County what portion the Village would pay. The Army Corps of Engineers want this final plan completed in May because that moves forward into the Water Resources Development Act (WRDA). The Manager will report back to the Council on future updates. There was discussion from the Council and the Manager regarding the above items. The Manager requested that Item lOB be heard immediately after CFO Nussbaum's presentation on Non-ad Valorem Assessments. There was no objection to the request. CFO Nussbaum addressed the Council reporting on an update on Non-ad Valorem Assessment 6of9 February 8, 2022 collection rates fo r Solid W aste and Storm w ater stating that collection ra tes have increased from 60% to 86%. A t this tim e the Clerk read the fo llow ing resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF ONE VEHICLE FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. FOR AN AMOUNT NOT TO EXCEED $23,204; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. M ayor Davey m ade a m otion to appro ve the resolution. The motion was seconded by Councilm em ber Caplan. There w as discussion from Council and CFO N ussbaum regarding the above resolution. The resolution w as appro ved by a 6-1 voice vote. The vote w as as fo llows: Councilmembers C aplan, Laur edo, M cCorm ick, Seguro la, Vice M ayor M oss and Mayor Davey voting Yes. Councilm em ber London voting N o. The M anager addressed the Council requesting to refe rence Exhibits 6B and 6C in the agenda packet regarding the CIP Projects update and the review of the M anager's Strategy and Budget A lignm ent instead of verbal presentations scheduled for this evening. 11. PUBLIC COMMENTS: There w ere no residents that addressed the Council. At this tim e M ayor D avey addressed the Council regarding the fo llowing motion fo r the Rickenbacker Causew ay: Direct the A dm inistration to: (1 ) Im mediately begin working with M iam i-D ade County as they develop the Bear Cut Bridge report due to the Board of County C om m issioners in 60 days as directed by Comm issioner Regalado on Ja nuary 19, 2022. (2) Begin w orking w ith key stakeholders and the public to develop a scope of work to contract with a plann ing and design pro fe ssional to create a Rickenbacker Causew ay concept that portrays the V illage's interests and facilitates coordination and fu rther engagement with M iam i-Dade County and other potential collabora tors. (3) Return w ith the scope of w ork and plan to contract with a plann ing and design pro fe ssional at the M arch 8th Council M eeting. C ouncilm em ber Caplan m ade a motion to accept M ayor D avey's above motion. The m otion was seconded by Councilmember M cCorm ick. There w as discussion from the Council regarding the above motion. V ice M ayor M oss requested to add the w ord "potentially" fo r item (3) to say, "Return with the scope of w ork and plan to potentially contra ct w ith a plann ing and design professional at the M arch 8th Council M eeting". Councilm em ber Caplan accepted the am endment to his m otion. 7of9 February 8, 2022 Councilmember Lauredo requested from the Manager to come back with the possibility of a meeting exclusively on this item before the March 8th Regular Council Meeting. The Caplan motion 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. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Davey stated the Next Steps Rickenbacker Causeway item was addressed earlier in the evening. Councilmember London addressed the Council regarding Solar Powered Street lights. There was discussion from the Council regarding the above item. The Manager reported meeting with Florida Power and Light and stated installation would take 6 to 12 months. It was the consensus of Council to support the administration installing solar powered street lighting. The Community Policing Plan item was addressed earlier in the evening. Councilmember Segurola addressed the Council regarding a potential workshop with the Principal of MAST Academy and will report back at a future Council meeting. Mayor Davey addressed Councilmember Segurola on a possible Sunshine meeting in regard to the above item. Councilmember Segurola addressed the administration requesting an update on the golf cart ordinance. The Manager and the Attorney addressed Councilmember Segurola regarding the above item and will report back at the March 8th Regular Council Meeting. The Expansion of the Beach Exclusion Zone item was addressed earlier in the evening. Mayor Davey addressed the Council regarding Swales and Curbs. There was extensive discussion regarding the above item, lack of standardization, ponding, the Vision Plan, flooding, parking and neighborhood characteristics, pedestrian safety, swale upkeep issues, curb design options, the U.S. Post Office trucks and possibly removing the newly installed curb on Cypress Drive. At this time, Cecile Sanchez, 260 Cypress Drive and Ed Sanchez, 260 Cypress Drive addressed the Council. Mayor Davey made a motion to extend the meeting to 11 :05 p.m. The motion was seconded by Councilmember McCormick 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. 8of9 February 8, 2022 V ice M ayor M oss addressed the Council regarding tra ffic contro l and the tra ffic conditions from the last fe w days in the V illage. C ouncilm em ber London addressed the Council regarding a M ora torium on Constru ction on Bay Fro nt Lots regarding seaw alls and the issuing of building perm its. There w as discussion from the Council and the A ttorn ey regarding the above items. It w as the consensus of Council to direct the Attorn ey to report back to Council regarding an ackn ow ledgem ent of risk and understanding fo r fu tur e construction on bay front lots. Village Attorn ey. The Attorn ey did not subm it a report. V ill age C lerk. The Clerk did not subm it a report. 13. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of fu tur e m eetings and events w as presented to the Council. 15. Respectfully submitted: ';;£'-;!fff;J.b \1-ock--, Village Clerk Approved this 8th Michael W. Davey 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. 9of9