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HomeMy Public PortalAbout04-12-22 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 I S C A YN E , F L O RI D A T U E S D A Y , A P RI L 12 , 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 Mandy Brady, St. Christopher's by-the-Sea was unable to attend the meeting. 4. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public recognizing the passing of Ron Erbel, sending condolences to the family and held a moment of silence in his honor; Councilmember Lauredo addressed the Council stating that it is good practice to have an invocation at the Council Meetings; Councilmember Caplan addressed the public recognizing the recently held Miami-Dade County League of Cities Board Meeting & Dinner hosted by the Village of Key Biscayne and announced the airing of a documentary about Bill Baggs on April 20th, 2022 at 7:30 p.m. on station WLRN. 5. PUBLIC COMMENTS: The following residents addressed the Council: Karl Stenstrom, 710 Harbor Drive; Julius Walecki, 251 Galen Drive and Luis Velazquez, 251 Galen Drive. At this time Councilmember London addressed the public stating that there is a discussion item this evening regarding the noise ordinance. 6. AGENDA: Councilmember Lauredo requested a discussion item regarding Carlos de la Cruz, Jr. as a Parks and Open Spaces board appointment. Mayor Davey will add a discussion item I of 10 Ap ril 12, 20 22 regarding Advisory Board appointments at the next Regular Council Meeting. Councilmember Lauredo withdrew the agenda request. Councilmember Caplan made a motion to approve the 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. 7. SPECIAL PRESENTATION: The Manager introduced the Miami-Dade County Director and CEO of the Department of Transportation and Public Works, Eulois Cleckley. MDC Department of Transportation and Public Works Highway Bridge Engineering Manager Ryan Fisher gave a presentation on the status of the Bear Cut bridge maintenance status and next steps. There was discussion from Council and Mr. Fisher regarding the above presentation. A presentation was given by Moises Ariza and Rachel Johnson with Marcum LLP regarding the Accountants Reference: Village of Key Biscayne FY21 Audit. There was extensive discussion from Council, Mr. Ariza and Chief Financial Officer Benjamin Nussbaum regarding the above presentation including Building and Zoning Department rates, the Other Post-Employment Plan (OPEP), compensated absences and the Solid Waste accounts receivables. Councilmember McCormick addressed the public presenting Certificates of Appreciation and Excellence in Service Coins to the 2022 Charter Revision Commission members: Jennifer Stearns Buttrick, Marco Gomez, Vice Chairman Jud Kurlancheek and former Mayor Joe Rasco in recognition of their work. Member Rasco addressed the Council recognizing Councilmember McCormick for her work as Commission Chairman and Member Buttrick thanked Attorney Chad Friedman and the Weiss Serota law firm. The Attorney addressed the Council regarding the Commission's Final Report stating that at the May or June 2022 Regular Council Meeting an item will be presented that will call for a Special Election for the Charter Amendment ballot questions. The Commission adhered to the consensus of Council request that these questions be placed on the November 2022 ballot and the Clerk has emailed the Elections Department requesting their consent. Councilmember London addressed the Attorney regarding the steps required for a Charter Amendment by petition. There was discussion from Council, the Attorney and the Clerk regarding the deadlines for Charter Amendments and reviewed the dates for candidate qualifying. 8. CONSENT AGENDA: Mayor Davey made a motion to approve the following consent agenda. The motion was seconded by Vice Mayor Moss. The minutes of the January 18111, 2022 Regular Council Meeting. 2of 10 Ap r il 1 2 , 20 2 2 The minutes of the March 8th, 2022 Regular Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM FOR THE ACQUISITION OF A NEW MARINE PATROL VESSEL; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ACCEPTING A PUBLIC BEACH ACCESS EASEMENT AND DEDICATION AGREEMENT WITH THE ISLAND HOUSE APARTMENTS, INC. RELATING TO THE PROPERTY LOCATED AT 200 OCEAN LANE DRIVE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING WITT O'BRIEN'S LLC FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES PURSUANT TO REQUEST FOR PROPOSAL NO. 2020-50; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE PROVISION OF ON-DEMAND TRANSIT SERVICES IN THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND PARTICIPATING CO-PERMITEES NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. FLS000003 FOR POLLUTION IDENTIFICATION AND CONTROL SERVICES IN MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4S) IN AN AMOUNT NOT TO EXCEED $16,195.00; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A TERM SHEET FOR THE FOURTH AMENDMENT TO THE AGREEMENT FOR USE OF ST. AGNES CATHOLIC CHURCH ATHLETIC FIELD WITH THE ARCHDIOCESE OF MIAMI; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. The consent agenda 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. 3 of 10 April 12, 2022 At this time Councilmember Caplan addressed the Clerk regarding a scrivener's error on the March 8th Regular Council Meeting Minutes amending the name of an event under Brief Comments by Council. The Clerk will amend the minutes accordingly. 9. ORDINANCES: The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 29 "STORMW ATER UTILITY SYSTEM," SECTIONS 29-2, ENTITLED "DEFINITIONS," 29-3, ENTITLED "FINDINGS AND DETERMINATIONS" AND 29-4, ENTITLED "STORMWATER UTILITY FEE" OF THE VILLAGE CODE OF ORDINANCES RELATING TO THE VILLAGE'S STORMWATER UTILITY APPORTIONATE METHODOLOGY FOR ALLOCATING STORMWATER UTILITY FEES AND APPEALS OR ADJUSTMENTS; 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 Lauredo. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. At this time Councilmember London addressed the Council and the Manager regarding Item 8H in the consent agenda. There was discussion from the Mayor, the Manager and Councilmember London regarding the terms for the lights and the grass and possibly bringing this item back at a future date if any amendments are necessary. There was discussion from Council and Director of Public Works Jake Ozyman regarding the above ordinance. The Manager addressed the Council regarding the above ordinance as a significant policy change which will be reviewed by the administration. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; FLORIDA, AMENDING ORDINANCE NO. 2021-07 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR 2021- 2022 BY REVISING THE 2021-2022 FISCAL YEAR BUDGET (BUDGET AMENDMENT NO. 2); PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the ordinance on first reading. The motion was seconded 4 of 10 April 12, 2022 by Councilmember Caplan. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The Manager addressed the Council regarding the above ordinance stating that there is approximately $3,000,000 Million dollars in unspent funds due to Covid operations: $1,000,000 Million dollars was placed in the emergency fund or reserves and the rest of the items are based on immediate requirements or additional construction costs based on the added costs of construction. There was extensive discussion from Council, the Manager, the Attorney and Chief Resilience Officer Dr. Roland Samimy regarding the $50,000 for seawall design and ordinance design and the commitment to shoreline protection projects. There was additional discussion from Council, the Manager and Director Ozyman regarding using Florida, Power & Light for installing and maintaining LED streetlights and not solar for the East Enid Drive project. Director Ozyman reported that this will be presented to Council at a future date to be determined. Solar streetlights may be installed in the future at Hampton Park if recommended. Councilmember McCormick addressed Director Ozyman regarding installing solar streetlights when possible throughout the Village. Councilmember London addressed Director Ozyman regarding Hampton Park improvements. Director Ozyman reported that the design will not change but issues need to be resolved, for instance, regrading for drainage and upkeep. The ordinance was approved on first reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. Councilmember London voting No. The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCENO.2021-07WHICHADOPTEDTHEBUDGETFORFISCAL YEAR2021- 2022 BY REVISING THE 2021-2022 FISCAL YEAR BUDGET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Moss made a motion to approve the ordinance on second reading. The motion was seconded by Councilmember Caplan. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. CFO Nussbaum addressed the Council regarding the above ordinance. 5 of 10 Ap ril 12 , 2022 T he ordinance w as adopted on second reading by a 7-0 ro ll call vote. The vote w as as fo llow s: C ouncilm em bers C aplan, Laur edo, London, M cC orm ick, Seguro la, V ice M ayor M oss and M ayor D avey voting Y es. T he C lerk read the fo ll ow ing ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE II, CHAPTER 26, "GOLF CARTS," OF THE VILLAGE CODE OF ORDINANCES RELATING TO GOLF CART AND SLOW MOVING VEHICLE USE WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. M ayor D avey m ade a m otion to appro ve the ordinance on second reading. The m otion w as secon ded by C ouncilm em ber C aplan. The M ayor opened the public hearing. T here w ere no speakers present. T he M ayor cl osed the public hearing. T here w as discussion fr om C ouncil, C hief of Police Fra nk Sousa and the A ttorn ey regarding the above ordin ance, the fr equency of golf cart inspections, consequences fo r not paying the fines and the need fo r addition al legislation fo r this ordinance in the fu ture. C ouncilm em ber Seguro la m ade a m otion to ban golf cart s fr om dusk til daw n. The m otion died fo r lack of a secon d. T he ordinance w as adopted on second reading by a 6-1 ro ll call vote. The vote w as as fo llow s: C ouncilm em bers C aplan, Laur edo, M cC orm ick, Segur ola, V ice M ayor M oss and M ayor D avey votin g Y es. C ouncilm em ber London voting N o. T he C lerk addressed the C ouncil report ing that it w as tim e fo r the M anager's report to be heard. A t this tim e the M ayor opened fo r public com m ents: A ndres H err era , 16 6 H arbor D rive and M ichell e Estevez, 425 G ra petree D rive addressed the C ouncil. It w as the consensus of C ouncil to continue w ith the second readings of ordinances. T he C lerk read the fo ll ow in g ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING SECTION 2-105, "CAMPAIGN FINANCE REPORTS," OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES TO ESTABLISH CAMPAIGN FINANCE REPORT FILING REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 6 of JO April 12, 20 22 Vice Mayor Moss made a motion to approve the ordinance on second reading. The motion was seconded by Mayor Davey. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. There was discussion from Council and the Attorney regarding the above ordinance. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. The Attorney stated that the Village's website will host the link of all the candidate's campaign treasurer's reports. 10. RE SO L U T IO N S: The Clerk read the following resolution by title: A R E SO L U T IO N O F T H E V IL L A G E C O U N C IL O F TH E VILL A G E O F K EY B ISC A Y N E , FL O RI D A , SE L E C T IN G BL A C K & V E A T CH CO RP O RA TIO N TO P R O V ID E PR O F E SSIO N A L E N G IN E E RI N G , PR O JE CT M AN A G E M E N T , AND RE L A T E D SE R V IC E S FO R T H E RE SIL IEN T IN FRA STR UC TU RE PR O G RA M ST RA T E G Y & IN T E G RA T E D IM P L E M E N T A T IO N PL A N AN D SU PPO R T IN G PR O G RA M M A N A G E M E N T & E XE C U T IO N SE R V IC E S PR O JE CT ; PR O V ID IN G FO R A U T H O RI Z A T IO N ; A N D PR O V ID IN G FO R A N EF F E C T IV E DA TE . Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Lauredo. There was discussion from Council, the Manager and Dr. Samimy regarding the above resolution. The Manager addressed the Council stating there are three components involved: a program strategy, an implementation and integration plan and a rate sheet for program management and construction management. The resolution was 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 Clerk read the following resolution by title: A C A P IT A L PR O JE C T A U T H O RI Z IN G RE SO L U T IO N O F TH E VILL A G E CO UN CIL O F T H E V IL L A G E O F K E Y B ISC A Y N E , FL O RI D A , SEL E CT IN G RA IN DR O P P R O D U C T S L L C FO R T H E SP L A SH PA D RE P L A C E M EN T PR O JE CT IN AN A M O U N T N O T T O E X C E E D $195,000; PR O V ID IN G FO R A UTH O RI Z A TIO N ; AND P R O V ID IN G F O R A N E F F E C T IV E D A TE . 7 of JO April 12, 2022 Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council regarding the above resolution. There was discussion from Council and Director Hofferberth regarding the above resolution. The resolution 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. At this time the Council took a five-minute break. The meeting reconvened at 8:40 p.m. At this time the Manager's report was heard. Village Manager. The Manager addressed the Council reporting on preparations for Hurricane season and debris management planning. Fire Rescue Chief Eric Lang addressed the Council giving a presentation on the Administration's Hurricane Preparations. There was discussion from the Council regarding the presentation. Chief Lang thanked the Council for the moment of silence held earlier in the evening to honor longtime Village of Key Biscayne fireman and resident, Ron Erbel. Building, Zoning and Planning Director Jeremy Calleros Gauger addressed the Council reporting on the Vision Board Charrette Workshops recently held at Village Hall. The Vision Board will present a final draft report at the June 15th, 2022 Regular Council Meeting. Director Ozyman addressed the Council reporting on two public works projects: FPL is replacing the transmission lines that run under Crandon Boulevard from Crandon Marina to the Calusa sub- station and Miami-Dade County will be clearing trees and vegetation. One outbound lane will be closed from 7:30 p.m. to 5:30 a.m. Sunday thru Thursday. Director Ozyman also addressed the Council reporting on the Sands Condominium Public Beach access project. The estimated costs for design plans are $100,000 for conventional pavers, $130,000 for pervious pavers, and approximately $150,000 to $160,000 for pervious pavers with decorative fencing. There was discussion from Council regarding the above items. The Manager announced there will be a Community Meeting held regarding the Sands Condominium Public Beach Access project on April 21st, 2022 and a Community Meeting held regarding Crandon Boulevard Intersections on April 14111, 2022. Director Ozyman addressed the Council continuing to report on the East Enid Drive Street Lighting Project which would install 17 new streetlights along East Enid Drive. The cost for the project is approximately $16,000 for installation with a 10-year lighting agreement for $39.11 per streetlight pole per month. A full inventory of all the streetlights in the Village has been completed: 8of JO April 12, 20 22 196 streetlights are owned by the Village and 291 are owned by Miami-Dade County, FPL and, a special taxing district on the westside of the island. There was discussion from Council regarding the above items, the Kelvin lighting level guidelines and installation timelines. The Manager addressed Director Ozyman to give a future demonstration on what the lighting will look like for 2,500 Kelvins and 3,000 Kelvins in order to see the difference. Director Ozyman and the Manager addressed the Council giving a presentation on the Operations, Maintenance & Repair Program with an overview of the guiding principles, requirements, assets categories and the implementation plan. There was discussion from Council regarding Requests for Proposals for cleaning and maintenance contracts, addressing maintenance complaints, Village communications and litter control. The Manager addressed the Council regarding improving the VKB App and the creation of the Beautification Task Force. Capital Improvement Projects & Grants Manager Collen Blank addressed the Council giving a presentation on the CIP projects update regarding the Key Biscayne themed Splash Pad replacement, the Village Green interior sidewalk improvements project and the Beach access at the Sands. Councilmember Lauredo addressed the administration requesting to place the completed CIP projects on the Village Conn ect newsletter to better communicate and inform the residents of recently completed projects. Director Hofferberth addressed the Council reporting on an update on the Paradise Park construction project and will report at a future date on the timeline. 11. PUBLIC COMMENTS: The item was heard earlier in the evening. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Lauredo addressed the Council regarding the status of the Council's policy decision regarding the Key Biscayne Community School and the PT A and Mast Academy. Mayor Davey gave a status update regarding supporting the local schools and reaching out to Miami-Dade County School Superintendent Dr. Jose L. Dotres. The Education Advisory Board will report on the next steps at a future meeting date to be determined. Councilmember London addressed the Council regarding revisiting the ordinance on noise. There was discussion from Council and the Attorney regarding noise decibel levels, making it easier for the police to enforce the ordinance, enforcement on the water and the noise from the paddle tennis courts at the Ritz Carlton hotel. 9of 10 Ap r il 1 2 , 2 0 2 2 It was the consensus of the Council to have the Manager reach out to the Ritz Carlton hotel regarding the noise from the paddle tennis courts. Councilmember London addressed the Council regarding the Plan Z Concept for Rickenbacker Causeway and possibly having a workshop or having a special presentation with Architect Bernard Zyscovich. There was discussion from Council and the Attorney regarding the above item. Councilmember Lauredo addressed the Council regarding that Plan Z Designs can set up their own community presentation so as not to burden the Village staff and incur costs for these arrangements. 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 9:44 p.m. Respectfully submitted: ~Koch Village Clerk Approved this __ l_0_th __ day o/ __ Mi_a .... v _ ~~- 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. 10 of 10