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HomeMy Public PortalAbout05-10-22 Regular Council MeetingMINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, MAY 10, 2022 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:03 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: Youth Pastor Tony Goudie with Key Biscayne Community Church gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Davey addressed the public thanking Fire Rescue Chief Eric Lang and the fire department staff for organizing the memorial service held this past weekend for longtime resident and former firefighter Ron Erbel. At this time Mayor Davey and the Council recognized the service of Village employees IT Administrator Peter Kulpa and GIS Specialist Kat Kulpa who are moving out of state. 5. PUBLIC COMMENTS: The following residents addressed the Council: Ana Maria Mandojana, 77 Crandon Boulevard; Fausto Gomez, 765 Crandon Boulevard; Cecile Sanchez, 260 Cypress Drive; Louisa Conway, 151 Crandon Boulevard; Laudy Ibarra, 482 Fernwood Road and H. Frances Reeves, 251 Crandon Boulevard. 6. AGENDA: Vice Mayor Moss requested the addition of a discussion regarding Solid Waste Contract Negotiations for Side -Yard Pick-up as Item 12B3; Councilmember Lauredo requested the addition of a discussion regarding Setting a Date for the Strategic Planning Session, the Manager stated that this item will be addressed in the Manager's Report. Councilmember May 10, 2022 Lauredo withdrew the request. Councilmember Caplan made a motion to approve the agenda, as amended. 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 Council gave special recognitions to two Key Biscayne Rugby Teams for winning their State Championships. At this time Councilmember Lauredo addressed the Council recognizing the rise of non-traditional sports and field space allocation divisions. Communications and Community Engagement Officer Jessica Drouet introduced the Director of Community Research Jason Morado who addressed the Council giving a presentation on the Biennial Resident Survey Results. There was extensive discussion from Council, Mr. Morado and the Manager regarding the above presentation including the responses regarding recycling, the survey's costs and the Vision Board survey's costs, and fiscal responsibility. 8. CONSENT AGENDA: Councilmember Lauredo made a motion to approve the following consent agenda. The motion was seconded by Mayor Davey. The minutes of the April 12th, 2022 Regular Council Meeting. 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. 9. ORDINANCES: The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 29 "STORMWATER 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 adopt the ordinance on second reading. The motion was seconded by Councilmember Caplan. The Mayor opened the public hearing. Francoise Druil-Wynne, 799 Crandon Boulevard addressed the Council. The Mayor closed the public hearing. 2 of 9 May 10, 2022 There was extensive discussion from Council, the Manager and the Attorney regarding the above ordinance including permeability and impermeability, water retention, roadways, systematic stormwater management, the division of costs, ad valorem taxes, revenue bonds, and recognized methodologies such as using square footage. Mayor Davey made a motion to defer the above ordinance to a date certain of June 14, 2022. The motion was seconded by Councilmember Caplan. There was additional discussion from Council, the Attorney and the Manager regarding having the consultant provide different methodologies including using square footage of impervious public property. The Manager stated using valuation as a methodology will take additional time for the administration to research. Chief Financial Officer Benjamin Nussbaum addressed the Council regarding the State Water Revolving Fund Loan and other loan options. The Davey motion was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Caplan, McCormick, Vice Mayor Moss and Mayor Davey voting Yes. Councilmembers Lauredo, London and Segurola voting No. The Attorney requested that the consultants should appear in person at the next Regular Council Meeting. CFO Nussbaum introduced the Raftelis consultants Henry Thomas and Joe Williams who were in attendance virtually. There was extensive discussion from Council and Mr. Thomas regarding valuation as a methodology, other revenue sources, a general obligation bond, a state revolving fund loan and issues of impermeability. The Clerk read the following ordinance on second 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 adopt the ordinance on second reading. The motion was seconded by Councilmember Caplan. The Mayor opened the public hearing. Jon Grossman, 300 Galen Drive addressed the Council. The Mayor closed the public hearing. Councilmember London addressed the Manager regarding the East Enid Drive Streetlights project and to clarify that the amount should be "not to exceed $20,000" instead of $50,000. There was discussion from Councilmember London and the Manager regarding the above item and the number of employees added to the Village staff this past year. 3of9 May 10, 2022 Councilmember London made a motion to amend the costs of the East Enid Drive Streetlights project to say "not to exceed $20,000". 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. The ordinance was adopted on second reading by a 7-0 roll call vote, as amended. The vote was as follows: Councilmembers Caplan, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. At this time it was the consensus of Council to hear the following two resolutions before the Manager's report. 10. RESOLUTIONS: The Clerk read the following resolution by title: A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN LED LIGHTING AGREEMENT WITH THE FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION OF THE EAST ENID DRIVE STREET LIGHTING PROJECT IN AN AMOUNT NOT TO EXCEED $20,000.00 AND FOR MAINTENANCE, ENERGY, AND OTHER RELATED SERVICES FOR THE LIGHTING POLES IN AN AMOUNT NOT TO EXCEED $685.00 PER MONTH; WAIVING COMPETITIVE BIDDING PROCEDURES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. There was extensive discussion from Council, Public Works Director Jake Ozyman and the Manager regarding the above resolution and project costs, using LED vs. solar energy and FPL's solar energy program called "Solar Together". Councilmember McCormick addressed Director Ozyman regarding using solar as an energy resource in the Village. 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. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO MAKE A NON-REFUNDABLE ENGINEERING DEPOSIT IN THE AMOUNT OF $147,037 TO THE FLORIDA POWER & LIGHT COMPANY TO REQUEST A BINDING ESTIMATE FOR THE VILLAGE -WIDE ELECTRIC FACILITIES CONVERSION PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. 4 of 9 May 10, 2022 Mayor Davey made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. Councilmembers Lauredo and London addressed Director Ozyman regarding the feasibility study, the mathematical computations in the Manager's memo and the costs of current and past consulting fees. Director Ozyman stated the mathematical computations will be amended and that this will be a binding estimate for the engineering designs for this project and that the designs can be used for whomever the Village decides to use for this scope of work. Vice Mayor Moss addressed the Council clarifying that the price estimate in the above ordinance is for FP&L's portion of the project only. There was extensive discussion from Council regarding receiving the costs for undergrounding the electrical from AT&T and Comcast, adding an extra conduit according to the Master Plan and the administration meeting with potential underground utility contractors. 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 the goals for the Strategic Planning Session and to hold this meeting on June 1st, 2022 at 4:00 p.m. at a location to be determined. The Manager addressed the Council announcing that the recently created Beautification Task Force Committee will hold its first meeting tomorrow at 12:00 p.m. A Beach Park Community Meeting will be held on May 17th, 2022. A Crandon Boulevard Community Meeting will be held on May 24th, 2022 at 12:30 p.m. A Vision Board Meeting will be held on May 26th, 2022 at 6:00 p.m., a Library Community Meeting will be held on June 7th or 9th, 2022 and a Lake Park Ribbon Cutting Event will be held at a future date to be determined. Also, the Manager announced there will be a Memorial Day Commemoration event held on May 30th, 2022 at the Village Green. The Manager addressed the Council reporting on the status of the waiver for the Back Bay study for the U.S. Army Corps of Engineers (USACE) Coastal Storm Risk Management Project. Chief of Police Frank Sousa and the Attorney addressed the Council reporting on developing a future ordinance to address electric scooters and motorized bicycles being used within the Village. Also discussed was having an educational campaign to explain state law provisions to residents and to reach out to Miami -Dade County to request new regulations for Crandon Boulevard and to have the Manager speak with Florida State representatives to address these urgent safety concerns. There was extensive discussion from Council, the Attorney and Chief Sousa regarding the above items and safety concerns for children, immediate police enforcement and a possible temporary 5 of 9 May 10, 2022 ban. Councilmember Lauredo made a motion to support Chief Sousa's plan presented this evening regarding police enforcement for electric scooters and motorized bicycles. The motion was seconded by Vice Mayor Moss. The Attorney addressed the Council regarding the above motion being an emergency circumstance, time sensitive and would need to be a roll call vote. There was additional discussion from the Manager regarding Chief Sousa's plan: (1) education and information and training (2) messaging and communication (3) looking at some supporting infrastructure (4) creating a future ordinance for enforcement procedures for police officers to address electric scooters and motorized bicycles. The Lauredo motion was approved 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. At this time Mayor Davey exited the Council Chamber. The Vice Mayor opened public comments. Francoise Dreuil-Wynne, 799 Crandon Boulevard and Jon Grossman, 300 Galen Drive addressed the Council. The Vice Mayor closed public comments. There was additional discussion from Council, the Attorney and Chief Sousa regarding electric scooter safety concerns. Fire Rescue Chief Eric Lang addressed the Council giving a presentation on Hurricane Preparations. Chief Lang stated that hurricane season starts June 1St, 2022 and that a Miami -Dade County hurricane guide will be mailed out to residents soon. Chief Lang stated that Key Biscayne is in evacuation Zone A and encouraged the residents to have an evacuation plan ahead of time in case a mandatory evacuation order is issued. Emergency services may not be available if an individual decides not to follow the evacuation orders and chooses to stay on the island. The Manager stated that the administration will be doing a hurricane planning exercise in June 2022. There was discussion from Council, Chief Lang and the Manager regarding the above presentation and advised residents to sign up for the Village's emergency alert system VINS/Village Connect. Building, Zoning and Planning Director Jeremy Calleros-Gauger addressed the Council giving a presentation on the Beach Park improvement designs. There was discussion from Council, Director Calleros-Gauger, the Attorney and the Manager regarding the above presentation. Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council reporting on a status update regarding Sargassum and an update on the new vendor contract. Dr. Samimy 6of9 May 10, 2022 stated that April 2022 was a heavy month for sargassum removal, and that planning is in place to prepare for this summer's sargassum removal. There was discussion from Council and Dr. Samimy regarding the above update and signage regarding no dogs on the beach rules. The Manager addressed the Council regarding the administration's work done on reporting updates. Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council reporting on a Paradise Park construction status update. There was discussion from Council and the Manager regarding the above item. The Manager addressed the Council reporting on a septic to sewer status update and that there are 9 remaining homes left for septic to sewer conversion and 24 sewer conversions are currently in process. There was discussion from Council and the Manager regarding the Beach Club septic to sewer conversion project which has been completed. Director Ozyman addressed the Council reporting on the Crandon Boulevard Safety Improvements project. The project includes installing a right-hand turn lane onto Crandon Boulevard going south on Harbor Drive and an extension lane to Key Colony. Director Ozyman stated that construction is to begin this summer. A Community Meeting will be held on May 24th, 2022 and a follow up presentation will be given at the June 14th, 2022 Regular Council Meeting. Chief of Staff Jocelyne Moussavou addressed the Council giving a presentation on the status of the Laserfiche Public Records and Public Access system which will improve access and transparency to public records. Currently, all adopted budgets, contracts, minutes, and resolutions are available through the Laserfiche software on the Village's website for the public to access. CFO Benjamin Nussbaum addressed the Council reporting that the ERP Financial Software has been fully implemented and the remaining software install will be implemented by this summer or fall 2022. There was discussion from Council regarding the issues for delay including the software provider's staffing issues. CFO Nussbaum addressed the Council reporting on inflation rates and that CIP projects are coming back with 20-30% higher costs and the Community Center staffing issues. There was discussion from Council regarding the above items, current contracts, and renewals of contracts. 11. PUBLIC COMMENTS: This item was heard earlier in the evening. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: 7 of 9 May 10, 2022 Mayor and Councilmembers. Vice Mayor Moss addressed the Council stating that the Mayor's item, Appointments/Reappointments Parks and Open Space Board and Board of Special Magistrates, will need to be deferred due to his absence. There was discussion from Council and the Attorney regarding the process for appointing advisory board members. Vice Mayor Moss stated that he was not in a position to make an appointment and that he did not know what the Mayor was planning to bring forward this evening. The Attorney clarified that pursuant to the Charter, during the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. Councilmember Lauredo addressed the Council regarding the previous nomination for Carlos de la Cruz, Jr. for the Parks and Open Spaces Board which was submitted several months before and being the board liaison had recruited Mr. de La Cruz for this appointment and requested that Vice Mayor Moss make the appointment. At this time Mayor Davey rejoined the meeting virtually. Mayor Davey appointed residents Nick Molina to the Parks and Open Spaces Board and Moncy Blanco -Herrera to the Board of Special Magistrates. Councilmember Lauredo addressed Councilmember London stating that Mr. de la Cruz was Chairman of the Everglades Foundation and from a third generation Key Biscayne family. Councilmember Caplan made a motion to approve the appointment of Mr. Molina to the Parks and Open Space Board. The motion was seconded by Councilmember McCormick and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Caplan, McCormick, Vice Mayor Moss and Mayor Davey voting Yes. Councilmembers Lauredo, London and Segurola voting No. Councilmember Caplan made a motion to approve the appointment of Mr. Blanco -Herrera to the Board of Special Magistrates. The motion was seconded by Councilmember London and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting Yes. Councilmember Lauredo voting No. Councilmember Lauredo addressed the Council regarding a Key Biscayne K-8 Center/School Board update. There was discussion from Council and the Manager requesting that residents register their children as soon as possible so this can count towards the school's budget and for the Manager to reach out to the KBK8 Center's school principal regarding the budget. Vice Mayor Moss addressed the Council regarding the status of the solid waste contract negotiations for side -yard pick-up, concerns regarding side -yard pick up service and requested that the administration monitor this service. There was discussion from Council and the Manager regarding the above items. The Manager stated that the vendor has been given til the end of May 2022 to meet these service requirements. 8of9 May 10, 2022 There was discussion from Council regarding the above items. 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 10:51 p.m. Respectfully submitted: Joc lyn B. Kali Village Clerk Approved this 26th day of July 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. 9 of 9