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Home My Public Portal About05-09-23 Regular Council MeetingM IN U T E S RE G U L A R C O U N C IL M E E TI N G K E Y B IS C A YN E , F L O RI D A T U E S D A Y , M A Y 9 , 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 6:31 p.m. Present were Councilmembers Edward London (arrived at 6:32 p.m.), Allison McCormick, Brett G. Moss, Fernando A. Vazquez, Oscar Sardinas, 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: Vice Mayor Caplan led the Pledge of Allegiance. 3. INVOCATION: Pastor Dennis Eastling with the Key Biscayne Community Church was unable to attend the meeting. 4. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the public recognizing Miami Heat's win over the New York Knicks last night and Councilmember Moss sent congratulations to resident Ramiro Restrepo for winning the Kentucky Derby. 5. PUBLIC COMMENTS: The following residents addressed the Council: Octavio Rinaldi, Vice President of Commodore Club South, 199 Ocean Lane Drive; Susana Braun, 200 Galen Drive; Laudy Ibarra, 482 Fernwood Road; Andy Herrera, 250 Fernwood Road; Josie Valdes-Hurtado, 600 Grapetree Drive; Eric Schott, 610 Fernwood Road; Robert Duzoglou, 785 Glenridge Road; Mayra Pena Lindsay, 365 Westwood Drive; Bruno E. Ramos, 200 Cape Florida Drive; Pablo Torres, 1111 Crandon Boulevard; Adriana Scalela, 320 West McIntyre Street; Cecile Sanchez, 260 Cypress Drive; Ed Sanchez, 260 Cypress Drive; Nancy Campaigne, 430 Grand Bay Drive; Sally Brody, 200 Galen Drive; Saskia Galliano-Touret, 230 Harbor Drive; Sylvia Zavalla, 600 Grapetree Drive; Fausto ~ . . Gomez, 765 Crandon Boulevard; Jorge E. Mendia, 111 Island Drive; Dorothy Devaney, 550 Harbor Drive; Betty Sime Conroy, 785 Crandon Boulevard; Ed Easton, 18 Harbor Point; H. Frances Reeves, 251 Crandon Boulevard; Diana Garmendia, 881 Ocean Drive; Melissa White, 370 Heather Lane; JoAnn Pisacane, 155 Ocean Lane Drive; Alan Fein, 525 Allendale Road; Lucia Marin, 765 Crandon Boulevard; Louisa Conway, 151 Crandon Boulevard and Luis de la Cruz, 640 Allendale Road. May 9, 2023 At this time the Council took a ten-minute break. The meeting was reconvened at 8:08 p.m. 6. AGENDA: Vice Mayor Caplan made a motion to defer Item 8C to the next Regular Council Meeting. The motion was seconded by Councilmember Moss. Councilmember Moss requested the deferral of Item 8A to the next Regular Council Meeting and to hear Item 1 OE before Item 1 0A. Councilmember London requested the deferral ofltems 1 0C and 1 OD. It was the consensus of Council not to defer Items l0C and l0D. 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: Mayor Rasco presented Proclamations in recognition of National Gun Violence Awareness Day and Israel's 75th Independence Day Anniversary. Mayor Rasco presented a Certificate of Appreciation to Public Works Director Jake Ozyman for his contributions and achievements with the Village of Key Biscayne. The Attorney addressed the Council regarding Item 8B from the consent agenda. At this time the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING THE NATIONAL ARBOR DAY FOUNDATION'S 2022 TREE CITY USA DESIGNATION; 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 Sardinas and 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 Manager addressed the Council and the public announcing the Village of Key Biscayne's designation as Tree City USA. Fire Rescue Chief Eric Lang addressed the Council introducing Joseph Pozzo with the Center for Public Safety Management, LLC on the results of the Fire Department's workforce assessment who then gave a presentation. There was discussion from Council regarding the above presentation. At this time Chief Lang addressed the Council reporting on the Fire Rescue Department's Transition Plan regarding upcoming senior leadership retirements for the following staff members: Fire Rescue Chief, two Deputy Fire Rescue Chiefs, and three Fire Rescue Captains. There was discussion from Council regarding the above report, the potential loss of institutional knowledge, and the Village's standard of service. 2of9 May 9, 2023 8. CONSENT AGENDA: T his item w as heard earlier in the evening. 9. ORDINANCES: T he C lerk read the fo llow ing ordinance on second 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 MANUFACTURED HOMES AND FLOODPLAIN MANAGEMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. V ice M ayor C aplan m ade a m otion to adopt the ordinance on second reading. The m otion w as secon ded by C ouncilm em ber Sardinas. Th e M ayor opened the public hearing. T here w ere no speakers present. T he M ayor cl osed the public hearin g. B u ilding, Z on in g and Plann in g D irector Jerem y C allero s G auger addressed the Council regarding the abov e ordinance. T he ordin ance w as adopted on second reading by a 7-0 ro ll call vote. The vote w as as fo llow s: C ou ncilm em bers London , M cC orm ick, M oss, Sardinas, V azquez, V ice M ayor C aplan, and M ayor R asco voting Y es. T he C lerk read the fo ll ow in g ordinance on fir st reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. V ice M ayor C aplan m ade a m otion to appro ve the ordinance on first reading. The m otion w as secon ded by C ouncilm em ber Sardinas. T here w as discussion fr om C ouncil, D irector C allero s G auger, and the A ttorn ey regarding the above ordinance and that single fa m ily hom es not being subject to concurrency pro visions. T he M ayor opened the pu blic hearing. There w ere no speakers present. The M ayor cl osed the public hearin g. T here w as additional discu ssion fr om C ouncil and D irector C allero s G auger regarding Section 1.5 of the above ordinance and FE M A 's Flood Insur ance D iscount Pro gra m (C R S). T he ordin ance w as appro v ed on fir st reading by a 7-0 ro ll call vote. T he vote w as as fo llow s: C ou ncilm em bers L on don , M cC orm ick, M oss, Sardinas, V azquez, V ice M ayor C aplan, and M ayor 3 o/9 May 9, 2 0 2 3 Rasco voting Yes. The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 25-31, "BUSINESS TAX SCHEDULE," OF CHAPTER 25 OF THE VILLAGE CODE OF ORDINANCES TO INCREASE THE BUSINESS TAX RECEIPT SCHEDULE RATES; 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 Moss. There was discussion from Council and Director Calleros Gauger regarding the above ordinance and tracking certificates of use and certificates of occupancy for businesses. The ordinance was approved on first reading by a 6-1 roll call vote. The vote was as follows: Councilmembers McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember London voting No. 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE KEY BISCAYNE VISION PLAN; 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. Councilmember Moss addressed the Council proposing to add the following sentence to the Vision Plan regarding seawalls: "However, this should be studied closely along with a comprehensive resiliency and sustainability plan with sensitivity to homeowners to determine at what height and when such height should be achieved." There was extensive discussion from Council and the Attorney regarding the above resolution, density, and that any policy changes would need to be approved by Council. The Attorney addressed the Council regarding that in 2012, after the Oceana Development, the Council adopted an ordinance which capped density on properties to the density they were approved of as of that date. This applies to all zoning districts that require a site plan, it does not apply to single family, two family, GU, and PROS districts. Mayor Rasco requested a resolution reaffirming the above mentioned 2012 ordinance be on the agenda for the next Regular Council Meeting. Vice Mayor Caplan made a motion to add Councilmember Moss's above proposed sentence regarding seawalls and former Mayor Mayra Lindsay's history of incorporation submitted to Council with additional edits made by Vice Mayor Caplan to the Vision Plan and to amend Section 3 in the above 4 of9 May 9, 2023 resolution to read: The Village Manager shall obtain Village Council approval prior to taking any action related to items in the Vision Plan and the Village Council hereby authorizes the Village Manager to arrange an annual meeting dedicated to discussing and receiving Council guidance concerning the Vision Plan. The motion was seconded by Councilmember Moss. The Attorney addressed the Council regarding the above motion. The resolution, 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. At this time the Clerk read the following ordinance on first reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING METRO EXPRESS, INC. FOR CONSTRUCTION OF VILLAGE-WIDE STORMWATER DRAINAGE IMPROVEMENTS AND ROADWAY RESURFACING IN AN AMOUNT NOT TO EXCEED $1,014,229.50; PROVIDING FOR AUTHORIZATION; 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. Director Ozyman addressed the Council regarding the above ordinance. There was additional discussion from Council regarding the above ordinance and for the Public Works Department to check the quality of any work done on curbs and the paving and repaving of a roads surface before a vendor or company completes a project and leaves the job site. The Clerk and the Attorney clarified that the above item is the first reading of a capital project authorizing ordinance and postcards will be mailed to all Village electors before second reading. 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. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE ESTIMATED COST OF PROVIDING SOLID WASTE AND RECYCLING COLLECTION SERVICES; PROVIDING FOR THE METHOD OF APPORTIONING THE COST OF PROVIDING SOLID WASTE AND RECYCLING COLLECTION SERVICES; PROPOSING REVISIONS TO THE SERVICE FEE FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES; DIRECTING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER THE IMPOSITION OF REVISED SERVICE FEES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES AND THE METHOD OF 5 of9 May 9 , 2 023 COLLECTION AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. The Attorney addressed the Council regarding the above resolution. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers London, McCormick, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember Moss voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES AS FURTHER PROVIDED HEREIN; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DA TE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. Director Ozyman addressed the Council regarding the above resolution. There was extensive discussion from Council, Director Ozyman, the Manager and Parks, Recreation and Open Spaces Director Todd Hofferberth regarding the above resolution, structuring new contracts with real performance measures, and athletic fields maintenance. 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. 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 BLACK AND VEATCH CORPORATION FOR THE PREPARATION AND CREATION OF THE RESILIENT INFRASTRUCTURE INTEGRATION AND IMPLEMENTATION PLAN (RI3P), PROGRAM MANAGEMENT PLAN, PROJECT MANAGEMENT INFORMATION SYSTEM, AND OTHER RELATED DELIVERABLES RELATING TO THE RESILIENT INFRASTRUCTURE AND ADAPTATION PROGRAM (RIAP) IN AN AMOUNT NOT TO EXCEED $1,381,631; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. 6of9 May 9 , 2 0 23 Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding the above resolution. There was discussion from Council and Dr. Samimy regarding the above resolution. Mr. Charlie Mosley and Dr. Arturo Burbano from Black & Veatch addressed the Council regarding the above resolution. Vice Mayor Caplan made a motion to extend the meeting to 11: 15 p.m. The motion was seconded by Councilmember McCormick and 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. There was additional extensive discussion from Council, the Manager, Mr. Mosley, Dr. Burbano, and Dr. Samimy regarding the above resolution, program management and procure. Councilmember Moss made a motion to defer the above resolution. The motion was seconded by Councilmember London. There was discussion from Council and the Manager regarding the above motion. Councilmember Vazquez made a motion to extend the meeting to 11 :20 p.m. The motion was seconded by Councilmember Moss and 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 Moss motion to defer 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. 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 A MEMORANDUM OF UNDERSTANDING WITH MIAMI DADE COUNTY FOR THE USE OF THE MIAMI-DADE PUBLIC SAFETY TRAINING INSTITUTE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick and 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, AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND 7of9 May 9, 2023 EXECUTE A LETTER OF INTENT WITH TEN-8 FIRE & SAFETY, LLC FOR THE PURCHASE OF AMBULANCES CONSISTENT WITH THE PROPOSAL ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. Councilmember London made a motion to defer. There was discussion from Council. Councilmember London withdrew his motion. 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. 11. PUBLIC COMMENTS: There were no additional public comments. 12. REPORTS AND RECOMMENDATIONS: Village Manager. There were no additional reports given. Mayor and Councilmembers. There were no further items discussed. 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 11 :20 p.m. Respectfully submitted: ~;n~b&x-b Village Clerk Joe I. Rasco Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL 8of9 May 9, 202 3 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