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.
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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
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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.
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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.
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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
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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
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PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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