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HomeMy Public PortalAbout11-29-22 Regular Council MeetingMINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 29, 2022 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. OATH OF OFFICE: The Clerk administered the oath of office to newly reelected Councilmember Edward London. 2. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:05 p.m. Present were Councilmembers Franklin H. Caplan, Edward London, Allison McCormick, Oscar Sardinas, Fernando A. Vazquez, Vice Mayor Brett G. Moss and Mayor Joe L Rasco. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch and Village Attorney Chad Friedman. 3. PLEDGE OF ALLEGIANCE: Councilmember London led the Pledge of Allegiance. 4. INVOCATION: Rabbi Avrernel Caroline with Chabad of Key Biscayne gave an invocation. 5. BRIEF COMMENTS BY COUNCIL: Mayor Rasco and Vice Mayor Moss addressed the public thanking the community for coming together and assisting the Key Biscayne Community Church after their vendor neglected to deliver Christmas trees this year and that the Key Biscayne Police is looking into the matter; Vice Mayor Moss addressed the Council thanking Village staff for setting the trends locally regarding resiliency as presented at the recently held Miami -Dade League of Cities Best Practices Conference and congratulated the newly elected and reelected Councilmembers; Councilmember London addressed the public apologizing for missing the Installation Ceremony and looks forward to four more years of serving the residents of Key Biscayne. 6. PUBLIC COMMENTS: The following residents addressed the Council: Mike Davey, 50 Ocean Lane Drive; Augusto Granados, 55 Ocean Lane Drive and Mark Fried, 525 Warren Lane. November 29. 2022 7. AGENDA: Vice Mayor Moss requested the addition of a discussion regarding an update on the Vision Plan as Item 13B8. There was no objection to the agenda change. At this time Councilmember London requested to pull Item 9B from the consent agenda and to remove Item 13B1 from the agenda. The Attorney addressed the Council regarding the above requests. There was no objection to the additional agenda changes. 8. SPECIAL PRESENTATION: Mayor Rasco presented Proclamations of Gratitude to Mary Tague and H. Frances Reaves for the planning and execution of Key Biscayne Car Week. Ms. Tague and Ms. Reaves addressed the Council regarding the above proclamations. Mayor Rasco presented a Proclamation of Gratitude to Curative, Inc. for the company's efforts and contributions to the Village during the Covid 19 Pandemic. Mr. Lazaro Rodriguez, Regional Manager for Curative, Inc., addressed the Council regarding the above proclamation. 9. CONSENT AGENDA: Vice Mayor Moss made a motion to approve the following consent agenda, as amended. The motion was seconded by Councilmember Caplan. The minutes of the October 11 `h, 2022, Regular Council Meeting. The consent agenda, as amended, was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardifias, Vazquez, Vice Mayor Moss, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE IN AN AMOUNT NOT TO EXCEED $89,235; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Vice Mayor Moss. There was discussion from Councilmember London and the Manager regarding the above resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardinas, Vazquez, Vice Mayor Moss, and Mayor Rasco voting Yes. 10. ORDINANCES: The Clerk read the following ordinance on first reading, by title: 2of9 November 29, 2022 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 2022-06 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR 2022- 2023 BY REVISING THE 2022-2023 FISCAL YEAR BUDGET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Moss made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Caplan. Capital Improvement Program and Grants Manager Colleen Blank and Public Works Director Jake Ozyman addressed the Council regarding the above ordinance. There was discussion from Council regarding the above ordinance and the cost allowance for utility undergrounding at Paradise Park. The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardifias, Vazquez, Vice Mayor Moss, and Mayor Rasco voting Yes. 11. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING THE REAL PROPERTY LOCATED AT 530 CRANDON BOULEVARD, KEY BISCAYNE, FL 33149, IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 24-4232- 001-0050, AS A BROWNFIELD AREA PURSUANT TO SECTION 376.80(2)(A), FLORIDA STATUTES, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING THE VILLAGE CLERK TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MIAMI-DADE COUNTY OF SAID DESIGNATION; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A BROWNFIELD SITE REHABILITATION AGREEMENT WITH MIAMI- DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ALL OTHER PURPOSES. Councilmember London made a motion to approve the resolution. The motion was seconded by Councilmember Caplan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardinas, Vazquez, Vice Mayor Moss, and Mayor Rasco voting Yes. 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 THE PURCHASE OF FIVE POLICE VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. D/B/A ALAN JAY FLEET SALES IN AN AMOUNT NOT TO EXCEED $245,000; 3of9 November 29, 2022 PROVIDING FOR AUTHORIZATION; PROVIDING FOR THE IDENTIFICATION AND SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE, Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. There was discussion from Council and Chief of Police Frank Sousa regarding the above resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardinas, Vazquez, Vice Mayor Moss, and Mayor Rasco voting Yes. The Mayor and the Attorney addressed the Council regarding holding a public hearing for the previous resolution, Item 11A. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY DUE TO HURRICANE IAN AND RELATED EXPENDITURES; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Moss made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. There was discussion from Council, the Manager and Chief Resilience and Sustainability Officer Dr. Roland Samimy regarding the above resolution, the purchasing of a "Tiger Dam", congressional expenditures, and reimbursement from FFMA for beach sand loss. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardifias, Vazquez, Vice Mayor Moss, and Mayor Rasco 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 ISSUE A WORK ORDER TO STANTEC CONSULTING SERVICES INC. FOR THE PLANNING AND PREPARATION OF 30% DESIGN DOCUMENTS FOR THE CRANDON BOULEVARD CAPITAL PROJECT IN AN AMOUNT NOT TO EXCEED $222,296; AND PROVIDING FOR AN EFFECTIVE DATE. 4 of 9 November 29, 2022 Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Vazquez. The Manager addressed the Council regarding the correct matching amount for the Village's portion is $132,296.00. CIP and Grants Manager Blank addressed the Council regarding the above resolution and a municipal mobility plan. There was extensive discussion from Council, the Manager, and CIP and Grants Manager Blank regarding the above resolution, the Corradino Group study, concerns regarding future increased project costs and the operation of Crandon Boulevard. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Caplan, McCormick, Sardifias, Vazquez, Vice Mayor Moss, and Mayor Rasco voting Yes. Councilmember London voting No. 12. PUBLIC COMMENTS: The following persons addressed the Council: Robert Duzoglou, 785 Glenridge Rd; Michael Polakov, 151 Crandon Boulevard and Marcelo Radice, 70 Bay Heights Drive. 13. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council reporting on the following youth programs: "Friday Night Happenings", girls' volleyball, co-ed basketball, and the girls' Monthly Meet Up events. Director Hofferberth also reported on the Manager's Athletic Fields Fact -Finding Committee which was formed to research options for additional playing spaces for children. This committee will be meeting again on December 6`h, 2022. There was discussion from Mayor Rasco and Director Hofferberth regarding developing additional youth programing for 13 to 17 -year -olds. Councilmember McCormick addressed Director Hofferberth regarding increasing outreach through the Village Connect, the local PTA, the PTSA, and having another weight room safety/etiquette class. Vice Mayor Moss addressed the administration regarding using these same lines of communication outreach for the Youth Council. Director Ozyman addressed the Council reporting on the status of the Septic to Sewer conversion. There are six homes remaining that have taken no action in connecting to the sewer system. The Village is reaching out to Miami -Dade County to assist with final compliance for these remaining homes. Twenty-four homes are currently in the process of connecting to the sewer system. There was discussion from Council, Director Ozyman and the Manager regarding the sewer connection status of four additional houses in the Palmwood and Redwood area that are needing access to the Village's sewer system in order to be able to connect. Director Ozyman also reported on a status update of Florida, Power and Light's (FPL) transmission 5of9 November 29, 2022 line project in Crandon Park. FPL will be "pulling" wires in between the manhole covers. This work will be done during off hours so as to not impact traffic. There was discussion from Council regarding the above items. The Manager addressed the Council reporting on the Village's appropriations and legislative agenda for the upcoming FY23/24: $450,000 for a Village -Wide Immediate Flood Control and. Mitigation project; $400,000 for part of a matching fund for the U.S. Army Corps of Engineers' (USAGE) "Back Bay" study; $475,000 for beach sand replacement; $175,000 for the Commodore Club South public beach access pathway; $100,000 for the Sargassum Seaweed Removal and Composting Pilot Project and $100,000 for the Village's Special Needs Program. The Manager addressed the Council regarding the Village's State Legislative priorities: the potential transferring of the operation and jurisdiction of Crandon Boulevard and improving regulations and enforcement for golf carts, electric scooters, and motorized/electric bicycles. Mayor Rasco made a motion to accept the Manager's proposed FY23/24 State Legislative agenda. The motion was seconded by Vice Mayor Moss. The Attorney addressed the Council regarding Crandon Boulevard and enforcement. There was discussion from Council, the Manager, the Attorney and Dr. Samimy regarding the above motion and seaweed composting. The Rasco motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardifias, Vazquez, Vice Mayor Moss, and Mayor Rasco voting Yes. The Manager addressed the Council reporting on a status update regarding Miami -Dade County's Bear Cut Bridge Rehabilitation Project. The first portion of the project is bridge repairs. The second portion would be bridge replacement with the earliest possible construction start date of 2030. The third part would be for Miami -Dade County and the Village to look at the Bear Cut Bridge Emergency Contingency Plan. There was discussion from Council and the Manager regarding the above items. CIP and Program Manager Blank addressed the Council reporting on a status update regarding Capital Improvement Projects including the improvements, maintenance, and repair for the Beach Park. The expected construction start date is the Summer of 2023. There was discussion from Council regarding the above items and the current location of the park benches. CIP and Program Manager Blank addressed the Council reporting on a status update for the Hampton Park project improvements. There was discussion from Council regarding plantings and holding at least two public meetings in order to have community input. The Manager addressed the Council stating that the complete Capital Improvement Projects report 6of9 November 29, 2022 is included in the agenda. Mayor and Councilmembers. Vice Mayor Moss addressed the Council regarding requesting the Mayor and Manager explore negotiations with FPL for possible mechanisms that can allow future reimbursement to underground electrical lines. There was discussion from Council and the Manager regarding the above item, FPL's Storm Secure Underground Program, and power line safety concerns. It was the consensus of Council to direct the Manager to strengthen and harden the Village's electrical system. The Attorney addressed the Council regarding the above items. The Manager addressed the Council reporting that FPL will come to the Village in January and will provide a report on which properties' trees need to be trimmed. Councilmember Vazquez addressed the Council regarding future resiliency initiatives, efficiency, and compliance. There was discussion from Council and the Attorney regarding the above items. Councilmember Sardifias addressed the Council regarding equitable field usage. Director Hofferberth addressed the Council reporting a 30% increase in athletic participation over the last two years with no additional fields being added. There was discussion from Council and the Manager regarding the above item. It was the consensus of Council to direct the Manager to come back at a future date with the scope, list of participants needed and potential dates for a workshop for the above item. Councilmember McCormick requested the workshop be held after the Village Athletic Advisory Board has completed its study. Vice Mayor Moss requested Director Hofferberth to send the current field usage assessment to Council. Councilmember Sardinas addressed the Council regarding requests for proposals for athletic vendors and reviewing bids. There was extensive discussion from Council, Director Hofferberth and the Manager regarding the above items and the soccer program's current contract. It was the consensus of Council for the Attorney and the Manager to come back at the next Regular Council Meeting on the policy for renewal of contracts, to report back with the timelines for the soccer program's contract renewal, and to draft a resolution on the policy for renewal and rebidding of contracts at the December `22 or January '23 Regular Council Meeting. 7of9 November 29, 2022 There was additional discussion from Council, Director Hofferberth, and the Manager regarding the above items. Councilmember Sardifias addressed the Council regarding a Youth Council initiative update. There was discussion from Council regarding the above item and forming the Youth Council as a program under the Parks and Recreation Department so as not to be subjected to Florida's Sunshine law. There was discussion from Council and the Manager regarding community service hours, teens creating teen programming and having a Councilmember liaison assigned to assist. Mayor Rasco addressed the Council regarding the possibility of dividing up initiatives and/or committee liaison assignments between Councilmembers. There was extensive discussion from Council regarding the above item, the process for recruitment of potential board members, and to send the Clerk which board each Councilmember would like to serve on as a liaison and to bring that item back at a future Council Meeting. Vice Mayor Moss addressed the Council regarding a Vision Plan update. A public meeting is proposed on December 6t1, at 6:00pm at the Community Center's Lighthouse Room with a panel discussion for the public to better understand the Vision Plan. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk presented to the Council the Certification of the November 8, 2022 Municipal Election Results. Pursuant to Section 2.02 (b) of the Village Charter, an election was held for the Vice Mayor's seat. The Mayor opened the floor for nominations. Vice Mayor Moss made a motion to nominate Councilmember Caplan. The motion was seconded by Councilmember Vazquez and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, McCormick, Sardifias, Vazquez, Vice Mayor Moss and Mayor Rasco voting Yes. The Clerk presented to the Council the proposed 2023 Council Meeting Schedule. There was discussion from Council and the Attorney regarding meeting days, meeting start times and the placement of the second public comments on the agenda. Councilmember Vazquez made a motion to start the Council Meetings at 6:30pm. The motion was seconded by Councilmember Sardinas. Councilmember Moss made a friendly amendment to Councilmember Vazquez's motion to set a time certain of 8:00 p.m. for the second public comments section and then to go directly to the Manager's Report. Councilmember Vazquez accepted the friendly amendment to the motion. The Vazquez motion was approved by a 7-0 voice vote, as amended. The vote was as follows: Councilmembers London, McCormick, Moss, Sardifias, Vazquez, Vice Mayor Caplan and Mayor Rasco voting Yes. 8of9 November 29, 2022 The follwing changes were requested to the proposed 2023 meeting schedule: to move the April 11th Regular Council Meeting to April 4th; to move the August 22nd Regular Council Meeting to August 29th; to move the September 6th 1St Budget Hearing to September 12th; to move the September 19th 2nd Budget Hearing to September 26th. It was the consensus of Council to approve the 2023 Council Meeting schedule, as amended. At this time, there was discusion from Council, the Manager, and the Attorney regarding the charter amendments passed in the November 2022 Municipal Election and that concepts will be provided in the Manager's Report at the next Regular Council Meeting. At this time, Councilmember London addressed the Manager requesting to receive a schedule of when contracts are up for renewal. There was no objection to the request. 14. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 15. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 16. ADJOURNMENT: The meeting was adjourned at 9:57 p.m. Respectfully submitted: ocA7-) Jocelyn B. Ko''h Village Clerk Approved this 17Th day of •--f `6`r‘j6lry 2023: Joe L Rasco 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