HomeMy Public PortalAbout04-04-23 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
K E 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 4 , 2 0 2 3
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 6:32 p.m. Present were Councilmembers Edward London, Allison McCormick,
Brett G. Moss, Oscar Sardinas, 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: The Pledge of Allegiance was held earlier in the evening
at the Local Planning Agency Meeting.
3. INVOCATION: Father Juan Carlos Paguaga with St. Agnes Catholic Church gave an
invocation.
4. BRIEF COMMENTS BY COUNCIL: Councilmember Moss addressed the public
regarding the reasons he deferred the Vision Plan at the January 17, 2023 Regular Council
Meeting: clarifications, additions, and deletions requested by the Vision Plan Board had not been
completed and that it was not the correct document. Councilmember Moss also stated that the
Vision Plan is a guide for the future to protect, preserve, and celebrate our values, characteristics,
our culture, and our history and is a flexible document that can be changed as needed at any time
and announced that another Community Meeting for the Vision Plan will be held on April 18,
2023; Vice Mayor Caplan addressed the Council regarding strategic planning, like this, contributes
to conversations which helps guide the Council.
5. PUBLIC COMMENTS: The following residents addressed the Council: Julius Walecki,
251 Galen Drive; Diego Halvorssen, 101 Ocean Lane Drive; Victor Kersting, 161 Crandon
Boulevard, and Alejandro Pinedo, 305 Galen Drive.
6. AGENDA: Councilmember Vazquez made a motion to defer Item 8B and requested the
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Commodore Club board vote be included. The motion was seconded by Councilmember
McCormick.
There was discussion from Council, the Manager, and the Attorney regarding the above motion.
Councilmember Moss requested the removal of Item 8A from the consent agenda and the Manager
requested the addition of a resolution regarding beach sargassum as Item 1 OD.
At this time the Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, URGING THE UNITED STATES CONGRESS AND THE FLORIDA
LEGISLATURE TO (1) APPROPRIATE FUNDS FOR SARGASSUM SEA WEED
REMOVAL ON BEACHES LOCATED IN THE VILLAGE AND (2) STUDY THE ORIGINS
AND CAUSES OF THE INCREASED SARGASSUM SEA WEED BLOOMS: PROVIDING
FOR TRANSMITTAL: AND PROVIDING FOR AN EFFECTIVE DATE.
The agenda, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor
Rasco voting Yes.
7. SPECIAL PRESENTATIONS: A presentation was given by the following AECOM
staff members: Director of Park Planning Joe Webb, Project Manager Erik Alcantara, and Civil
Engineer Robert Eustis on an update to the Village-wide alternative drainage analysis and 30%
design of the K8 basin.
There was discussion from Council, the Manager, and Chief Resilience and Sustainability Officer
Dr. Roland Samimy regarding the above presentation. A Community Meeting will be held on the
KBK8 Basin Stormwater System Design on April 6, 2023 at the Key Biscayne Community Center.
8. CONSENT AGENDA: This item was heard later in the evening.
9. ORDINANCES: The Clerk read the following ordinance on second reading by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
COMPREHENSIVELY UPDATING AND AMENDING CHAPTER 19 OF THE VILLAGE
CODE OF ORDINANCES "PARK RULES AND REGULATIONS;" AMENDING
REGULATIONS RELATING TO MOTORIZED VEHICLES, NON MOTORIZED
VEHICLES, AND EQUIPMENT WITHIN VILLAGE PARKS; AMENDING
ENFORCEMENT AND PENALTY REGULATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
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 London.
Chief of Police Frank Sousa addressed the Council regarding the above ordinance.
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There was extensive discussion from Council, the Attorney, Chief Sousa and Parks, Recreation
and Open Spaces Director Todd Hofferberth regarding the above ordinance.
Councilmember Moss made a motion to amend Section 19-5(b) to read that "no person shall ride,
drive or propel any non-motorized vehicles or equipment (including but not limited to a bicycle,
tricycle, skateboard, scooter, roller blades, roller skates or similar non-motorized vehicle or
equipment) on any grass or turf athletic fields". The motion was seconded by Vice Mayor Caplan
and approved by a 5-2 voice vote. The vote was as follows: Councilmembers London, Moss,
Sardinas, Vazquez, and Mayor Rasco voting Yes. Councilmembers McCormick and Vice Mayor
Caplan voting No.
The Mayor opened the public hearing. The following residents addressed the
Council: Michelle Estevez, 425 Grapetree Drive and Andy Herrera, 255 Fernwood
Road. The Mayor closed the public hearing.
Chief Sousa addressed the Council regarding that an electric bicycle is defined as the same as a
regular bicycle under Florida law and that the Village cannot ban for certain age groups.
There was additional discussion from Council and the Attorney regarding the above motion, park
rules, and amending Section 19-3 of the ordinance in order to comply with the above approved
motion.
Councilmember Moss made a motion to remove the word "non-motorized" from Section 19-3 of
the ordinance. The motion was seconded by Councilmember Sardinas. The Attorney requested to
also remove the word "self-propelled". Councilmember Moss accepted the friendly amendment.
The motion, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor
Rasco voting Yes.
Vice Mayor Caplan made a motion to limit riding a bicycle on the pathway and the center
promenade of the Village Green only. The motion died for lack of a second.
Chief Sousa addressed the Council clarifying that electric bicycles are not allowed in a Village
park even if it is being self-propelled.
The ordinance, as amended, was adopted on second reading by a 6-1 roll call vote. The vote was as
follows: Councilmembers London, McConnick, Sardinas, Vazquez, Vice Mayor Caplan, and
Mayor Rasco voting Yes. Councilmember Moss voting No.
The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE OF ORDINANCES BY REVISING SECTION 10-63 "DEFINITIONS,"
10-91, "PERMANENT PLACEMENT," AND SECTION 30-41, "RECREATIONAL
VEHICLES AND MANUFACTURED HOMES," RELATING TO THE VILLAGE'S
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MANUFACTURED HOMES AND FLOODPLAIN MANAGEMENT REGULATIONS;
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 London.
Building, Zoning and Planning Director Jeremy Calleros Gauger addressed the
Council regarding the above ordinance.
The Mayor opened the public hearing. There were no speakers present. The Mayor
closed the public hearing.
The ordinance was approved on first reading 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.
At this time the Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING AND ADOPTING THE KEY BISCAYNE
FLOODPLAIN SPECIES ASSESSMENT AND PLAN; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember London.
Director Calleros Gauger addressed the Council regarding the above resolution and the
NFIP CRS Community Rating System (CRS) rating for the Village.
There was discussion from Council regarding the above resolution.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers
London, McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes.
10. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING A SITE PLAN FOR A TWO-STORY COMMERCIAL
BUILDING CONSISTING OF 25,581 SQUARE FEET LOCATED AT 12-24 CRANDON
BOULEVARD; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS;
PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember London.
The Attorney addressed the Council regarding the quasi-judicial hearing procedure and all
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witnesses giving testimony were sworn in by the Clerk.
Mario Garcia Serra, attorney representing the applicant, ESKB LLC, and Project Architect
Hamid Rodriguez addressed the Council giving a presentation on the site plan.
Director Calleros Gauger addressed the Council regarding the engineering analysis from
the applicant's traffic consultant, the Corradino Group's peer review, and the applicant's
contribution of $115,000 to address traffic impact.
There was extensive discussion from Council and Director Calleros Gauger regarding the above
resolution and questions regarding the scale and mass of the building, the location of mechanical
equipment and light poles, and using drainage that can handle a 25-year storm.
The Mayor opened the public hearing. The following residents addressed the
Council: Arthur Brito, 77 Crandon Boulevard; Melissa White, 370 Heather Lane;
Martin Moresco, 101 Crandon Boulevard; Jorge Ortiz, 220 West McIntyre Street;
Jose Aoun, 71 Crandon Boulevard; Juan Santaella, 360 West Heather Drive; Jose
Matos, 792 Ridgewood Road, and Lucas Boccheciampe, 201 Sunrise Drive. The
Mayor closed the public hearing.
There was additional discussion from Council, the Attorney, and Director Calleros Gauger
regarding traffic volume and easements for undergrounding stormwater drainage pipes.
Mr. Garcia Serra addressed the Council regarding the following items: (1 ) the
applicant is open to architect to architect conversations regarding massing (2) the
applicant is open to a civil engineer to civil engineer conversation regarding
drainage (3) the applicant will consider the neighborhood's impact regarding the
truck loading area (4) the applicant is subject to Chapter 17 regarding noise
compliance (5) the bus stop will be moving south regardless of this applicant's
project and ( 6) it is difficult to determine the actual operational traffic usage.
There was additional discussion from Council, the Attorney, Director Calleros Gauger, and Mr.
Garcia Serra regarding easements, planting shade trees instead of palm trees, and alternative types
of drainage systems.
Nelson Ortiz, the applicant's civil engineer, addressed the Council.
There was additional discussion from Council, Director Calleros Gauger, the Attorney, and Mr.
Ortiz regarding drainage, scale of the building, and conditions for the site plan.
Mr. Garcia Serra, on behalf of the applicant, agreed to the following conditions: ( 1)
the location of the mechanical equipment will be in the northeast and southeast
corners and screened from the right of way and will be depressed and screened on
all sides of view including from above by using, for example, a louvered system
and/or trellis (2) if any trees are removed and not replanted on site, they will be
offered to the Village for use in another public area (3) a 10 ft. wide easement on
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the northern, southern, and western property lines will be allowed ( 4) there will be
walls with a 12 foot net around the padel courts (5) no outdoor amplified music will
be played and ( 6) to be careful with the cone of illumination from the padel court's
lights.
Vice Mayor Caplan made a motion to approve the resolution with the above conditions. The
motion was seconded by Councilmember London.
There was additional discussion from Council and Mr. Ortiz regarding the design of the building,
breaking up the building design into segments, and the scale of the building height.
The resolution, as amended, was approved by a 5-2 roll call vote. The vote was as follows:
Councilmembers London, McCormick, Sardinas, Vice Mayor Caplan, and Mayor Rasco voting
Yes. Councilmembers Moss and Vazquez voting No.
At this time the Council took a 10-minute break. The meeting reconvened at 9:31 p.m.
At this time Item 12A2C was heard.
The Clerk read the following motion as presented in the agenda: A motion approving the
application for a multi-tenant sign at 260 Crandon Boulevard.
Councilmember London made a motion to approve the above motion. The motion was seconded
by Vice Mayor Caplan.
There was discussion from Council regarding the above motion.
Michelle Estevez, representing 260 Crandon Boulevard, addressed the Council.
Director Calleros Gauger addressed the Council regarding the above motion and
the recently amended code regarding architectural features.
The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers London,
McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, 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 A SECOND AMENDMENT TO THE
REVOCABLE LICENSE AGREEMENT WITH PADL LLC FOR THE PADDLEBOARD
SHARING PROGRAM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Councilmember Moss made a motion to approve the resolution. The motion was seconded by
Councilmember Sardinas.
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Parks, R ecreation and O pen Spaces D irector Todd H offerberth and Andres Avello, w ith
PA D L LL C , addressed the C ouncil regarding the above resolution.
M ayor R asco addressed the adm inistra tion regarding developing a perfo rm ance ra ting system in
order to evaluate the V illage's vendors w hen renew ing contra cts. There was no objection to the
request.
The above resolution w as appro ved by a 7-0 voice vote. The vote w as as fo llow s: C ouncilm em bers
L on don , M cC ormi ck, M oss, Sardinas, V azquez, V ice M ayor C aplan, and M ayor Rasco voting Yes.
A t this tim e Item 8A w as heard.
C ouncilm em ber M oss requested to add language on pages 4 and 5 regarding the appro val of having
a Y outh C ouncil representative as an ex-officio m em ber of the Sustainability Advisory Board.
C ouncilm em ber V azquez addressed the M anager regarding receiving a report from adm inistra tion
on fe dera l fu ndin g opportunities. There w as no objection to the request.
T here w as discussion fr om C ouncil, the M anager, and the Attorn ey on fe dera l fu nding
opportunities and SO P T echn ologies.
C ouncilm em ber M oss m ade a m otion to appro ve the fo llow ing consent agenda, as am ended. The
m otion w as secon ded by V ice M ayor C aplan and appro ved by a 7-0 voice vote. The vote w as as
fo ll ow s: C ouncilm em bers London, M cC orm ick, M oss, Sardinas, V azquez, Vice M ayor C aplan, and
M ayor R asco voting Y es.
The m inutes of the Febru ary 15, 2023 R egular C ouncil M eeting, as am ended.
A t thi s tim e the M ayor opened fo r public com m ents. There w ere no speakers present. The
M ayor cl osed public com m ents.
T he C lerk read the fo llow ing resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, URGING THE UNITED STATES CONGRESS AND THE
FLORIDA LEGISLATURE TO (1) APPROPRIATE FUNDS FOR SARGASSUM
SEAWEED REMOVAL ON BEACHES LOCATED IN THE VILLAGE AND (2) STUDY
THE ORIGINS AND CAUSES OF THE INCREASED SARGASSUM SEA WEED
BLOOMS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
V ice M ayor C aplan m ade a m otion to appro ve the resolution. The m otion was seconded by
C ouncilm em ber M oss.
T here w as discussion fr om C ouncil and the M anager regarding the above resolution and the
tra cking, disposal, com posting, and possible altern ative uses fo r sargassum . There is collabora tive
com m unication am ongst the Florida counties and reaching out to state representatives regarding
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the potential econ om ic im pacts to tour ism and the com m unity's health.
It w as the con sensus of C ouncil to incl ude language in the resolution ur ging fo r better research fo r
w ays to dispose of the seaw eed in a benefi cial m ann er that can be used as com post or fe rt ilizer.
T he resolution, as am ended, w as appro ved by a 7-0 voice vote. The vote w as as fo llow s:
C ouncilm em bers London, M cC ormi ck, M oss, Sardinas, V azquez, V ice M ayor C aplan, and M ayor
R asco votin g Y es.
11. PUBLIC COMMENTS: Public com m ents w ere addressed earl ier in the evening.
12 . REPORTS AND RECOMMENDATIONS: T he fo llow ing item s w ere discussed:
V ill age M anager. C hief of Staff Jo celyne M oussavou addressed the C ouncil reporting on an update
regardin g the R esident Experience and Service Pro gra m and the V K B311 app. T he value-based
pro gra m is fo r im pro ving com m unication and custom er service. The pro gra m 's values are the
fo ll ow in g: (1 ) residents fi rst (2) team w ork alw ays (3) stew ardship m atters (4) pursuing excellence
and (5) em pow ered to act.
T here w as discu ssion fr om M ayor R asco regarding the above pro gra m . C hief of Staff M oussavou
report ed that the adm in istra tion w ill give a pro gra m update every tw o to three m onths.
M ayor and C ouncilm em bers: M ayor R asco addressed the C ouncil regarding the C ouncil's goals
and objectives fo r 2023. The M anager w ill evaluate and tie in these goals into a fr am ew ork and
present them to C ouncil at a Stra tegy Session to be held in M ay 2023.
M ayor R asco addressed the M anager regarding the trees on G alen and Sunr ise D rive and fo r the
adm inistra tion to reach out to the residents living on those streets if they prefe r palm trees or shade
trees. T here w as discussion fr om C ouncil regarding the above item and fo r the adm inistra tion to
distribute the V ill age's policy on trees to C ouncil. There w as no objection to the request.
A t thi s tim e C hief Sou sa addressed the C ouncil regarding tra ffic solutions inside and outside of
the V ill age and looking at w ays to m itigate tra ffi c: using signs and signals, m ulti-m odal options,
w orkin g w ith businesses and other agencies, techn ology, and com m unication. A School
T ra nsport ation S um m it M eeting w ill be held on A pril 27, 2023.
T here w as discussion fr om C ouncil and the M anager regarding tra ffi c issues, not kn ow ing w hen
tra ffi c is going to happen, and w ays to im pro ve com m unication w ith the residents.
C ouncilm em ber M cC orm ick addressed the C ouncil regarding how com m unication and the need
fo r w orking w ith other m unicipalities, the state, and fe dera l governm ent has increased.
V ill age A ttorn ey . T he A ttorn ey did not subm it a report .
V ill age C lerk . The C lerk did not subm it a report.
13 . OTHER BUSINESS/GENERAL DISCUSSION: There w as no fu rt her business
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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 10:19 p.m.
Respectfully submitted:
~o~Wock:i Jo( Jyni.r;lt
Village Clerk
Approved this ) gf/!1 day ofJ Ult). 2023:
~i:JQ/~
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
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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