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HomeMy Public PortalAbout12-13-22 Regular Council MeetingMINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 13, 2022 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:00 p.m. Present were Councilmembers Edward London, Allison McCormick, Brett G. Moss, Oscar Sardifias, Fernando A. Vazquez, Vice Mayor Franklin H. Caplan and Mayor Joe I. Rasco. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. INVOCATION: Father Juan Carlos Paguaga with St. Agnes Catholic Church gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Councilmember Vazquez addressed the public recognizing Amarylli Fridgotto and fellow organizers of the KB Piano Festival for the great event held this past weekend; Vice Mayor Caplan addressed the public thanking the community for helping the KB Community Church with their Christmas Tree fundraising efforts; Councilmember Moss resident Dave McDanal a speedy recovery and thanked the KB Fire Department for their service; Councilmembers Moss and Sardifias thanked Village staff for this past weekend's Winterfest event; Councilmembers Sardifias, McCormick, and Vice Mayor Caplan thanked the Manager and Village staff for the Council Orientation and Councilmember London addressed the public recognizing how fortunate residents are to live here and that residents should go out and help other communities in other parts of the world this holiday season. 5. PUBLIC COMMENTS: The following residents addressed the Council: Max Waicman representing Milaneza restaurant, 1121 Crandon Boulevard; Carlos Villanueva, 50 Ocean Lane Drive; Marina Ventura, 745 Fernwood Road; Ivette Fernandez Chaustre, 575 Crandon Boulevard; Laudy Ibarra, 482 Fernwood Road and Rebecca Calvet, 111 Harbor Drive. December 13, 2022 6. AGENDA: There were no requested agenda changes by Council. 7. CONSENT AGENDA: There were no consent agenda items considered by Council. 8. ORDINANCES: The Clerk read the following ordinance on second reading, by title: 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 Caplan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Vazquez. Capital Improvement Plan and Grants Manager Colleen Blank addressed the Council regarding the above ordinance. There was discussion from Council, Public Works Director Jake Ozyman, the Attorney, and the Manager regarding the above ordinance, the rebidding of contracts, additional cost estimates for remediation, and the Florida Power & Light (FPL) undergrounding costs for Paradise Park. The Mayor opened the public hearing for the above ordinance and the following ordinance. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardines, Vazquez, Vice Mayor Caplan, and Mayor Rasco 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. 2022-06 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR 2022- 2023 BY REVISING THE 2022-2023 FISCAL YEAR BUDGET (BUDGET AMENDMENT NO. 2); PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember McCormick. There was discussion from Council, the Manager, CIP and Grants Manager Blank regarding the above ordinance. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardifias, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 2of8 December 13, 2022 The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE I, CHAPTER 26, "TRAFFIC AND VEHICLES," OF THE VILLAGE CODE OF ORDINANCES RELATING TO ELECTRIC BICYCLE USE WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember McCormick. Chief of Police Frank Sousa addressed the Council regarding the above ordinance and civil citations. There was extensive discussion from Council, the Attorney, and Chief Sousa regarding the above ordinance, state legislative efforts, and possibly having age restrictions and a registration process. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardifas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE VILLAGE'S STORMWATER PROJECT RELATING TO THE CLEAN WATER STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Moss. CIP and Grants Manager Blank addressed the Council regarding the above ordinance. There was discussion from Council, CIP and Grants Manager Blank, and the Manager regarding the above ordinance, the General Obligation Bond and low interest rates. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardifias, Vazquez, Vice Mayor Capllan, and Mayor Rasco voting Yes. The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING 3 of 8 December 13, 2022 CHAPTER 17, NOISE, SECTION 17-2, PROHIBITED NOISE DISTURBANCES; OF THE VILLAGE CODE OF ORDINANCES REVISING NOISE REGULATIONS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Sardinas. There was extension discussion from Council and Chief Sousa regarding the above ordinance, community outreach and, enforcement. Tatyana Chiocchetti from the KB Chamber of Commerce addressed the Council regarding feedback received from local businesses regarding the above ordinance. Mayor Rasco addressed the Council proposing that Councilmembers Moss and London hold an ad -hoc committee meeting in January in order to review the proposed changes and to defer this item to the next Regular Council Meeting. The Manager addressed the Council regarding the above item. Vice Mayor Caplan made a motion to defer the above ordinance to the February 15, 2023 Regular Council Meeting. The motion was seconded by Councilmember Sardinas. There was additional discussion from Council regarding community awareness and noise from leaf blowers. The Caplan motion was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING WORKFORCE HOUSING LEGISLATIVE FINDINGS PURSUANT TO MIAMI-DADE COUNTY CODE SECTION 33-193.7; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. Building, Zoning, and Planning Director Calleros Gauger addressed the Council regarding the above resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers London. McCormick, Moss, Sardifias, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 4 of 8 December 13, 2022 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 EXERCISE EQUIPMENT FROM CENTURION PARTNERS HEALTH AND FITNESS LLC DB/A FITNESSMITH IN AN AMOUNT NOT TO EXCEED 5130,944.36 FOR THE VILLAGE'S COMMUNITY CENTER; PROVIDING FOR AUTHORIZATION; PROVIDING FOR THE SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Moss. 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 and the installation and servicing of exercise equipment. The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers McCormick, Moss, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember London voting No. Councilmember Sardinas was out of the room at the time the vote was taken. 10. PUBLIC COMMENTS: The following persons addressed the Council: Marcelo Radice, 70 Bay Heights Drive; Pablo Keller Sarmiento, 799 Crandon Boulevard; Carlos Genatios, 151 Crandon Boulevard; Monica Ordonez, 141 Crandon Boulevard and Tony Winton, 121 Crandon Boulevard. At this time, Items 12A3c and 12A3d from the Manager's report were heard. Director Hofferberth addressed the Council reporting on an update for the Soccer Request for Proposal Plan. There was discussion from Council, Director Hofferberth, and the Manager regarding the RFP process, contracts for athletics, the policy for non-resident athletic participation, and for Council to receive the current field allocation breakdown. The Attorney addressed the Council regarding the 2020 RFP process for the soccer contract. The Manager addressed the Council regarding having a workshop on February 22, 2023 or earlier. 11. SPECIAL PRESENTATION: The Manager addressed the Council regarding the upcoming presentation that discusses the long-term strategy for addressing resiliency. A presentation was given by Chief Resilience and Sustainability Officer Dr. Roland Samimy with Moffat & Nichol's Director of Resilience and Adaptation Dr. Lynette Cardoch regarding the Village's Resilient Infrastructure Program Study. 5 of 8 December 13, ?0?2 The Manager addressed the Council regarding the above presentation and that the administration will finalize the Resilient Infrastructure Strategy and start the Integration and Implementation Plan and will report back at the next Regular Council Meeting. There was discussion from Council, the Manager, and Dr. Samimy regarding the above presentation and Council supporting the administration in elevating the Village for resiliency efforts. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager: Fire Rescue Chief Eric Lang addressed the Council reporting on an After -Action Report (AAR) regarding the 2022 Hurricane Season including access concerns for Bear Cut bridge in the event of a hurricane. There was discussion from Council, Chief Lang, and the Manager regarding the above report and the recent beach sand loss due to hurricanes. Building Official Rene Velazco addressed the Council reporting on an update for 40 -year building re -certifications. Out of 37 buildings needing to be recertified: 13 have been recertified and 24 buildings are actively working towards their certification. Also, there will soon be additional buildings in the Village that will be needing their 25- and 30 -year certifications. Chief Lang addressed the Council reporting on a Fire Life Safety Report stating that there are 26 high rise buildings (75 feet and higher) in the Village: 12 buildings were built with fire sprinkler protection, 14 buildings need to meet fire sprinkler criteria and 9 of the buildings have met this criteria, 3 buildings are currently in progress of meeting this criteria, and 2 buildings have not taken any action in order to become compliant. The deadline for compliance is January 2024. Director Calleros Gauger addressed the Council reporting on the quarterly report for Code Compliance. There was discussion from Council and the Attorney regarding the above report and incomplete construction work. At this time CIP and Grants Manager Blank and the Manager addressed the Council reporting on an update regarding the CIP Program: Paradise Park and the Village Green splash pad are scheduled to be finished by year end with Hampton Park completing by January 25, 2023. CIP and Grants Manager Blank also reported on an update regarding grants for the following projects: Crandon Park, the Green Bike Lane project, the Harbor Drive and Crandon Boulevard intersection, the Key Colony intersection, and the Fernwood Road and Harbor Drive intersection. CIP and Grants Manager Blank addressed the Council reporting on a progress update regarding improvements, landscaping, and maintenance completed for the Beach Park. There was discussion from Council regarding the above update and concerns for future Beach Park design decisions. Director Calleros Gauger and the Manager addressed the Council regarding the above items. It was the consensus of Council for the administration to report back regarding the Beach Park design at the February 15, 2023 Regular Council Meeting. Dr. Samimy addressed the Council reporting on an update regarding a seawall modification update and change notification. The Attorney and the Manager addressed the Council regarding the above item, looking at best practices, and that the administration will report back at the February or March 6 of8 December 13, 2022 2023 Regular Council Meeting. Mayor and Councilmembers. Councilmember Moss addressed the Council regarding establishing a minimum time requirement to receive the budget before the First Budget Hearing. There was discussion from Council, the Manager, and the Attorney regarding the above item. The Manager addressed the Council stating that the budget would be delivered by August 29, 2023. Village Attorney. The Attorney addressed the Council requesting to meet with Councilmember McCormick regarding an ordinance for the charter amendments. It was the consensus of Council for the Attorney to work with Councilmember McCormick on how to implement the charter amendments. At this time Mayor Rasco stated that Councilmembers are working on determining which advisory boards and/or committees would be their focus. At this time there was discussion form Council regarding the next Regular Council Meeting date. It was the consensus of Council to keep the next Regular Council Meeting date of January 17t, 2023. 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; as adjo 10:16 p.rn. Respectfully submitted: eD K Jocel n B. Ko Village Clerk 2023: Approved this 15th day of February Joe I: 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 7 of 8 December 13, 2022 PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 8 of 8