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Home My Public Portal About06-06-23 Regular Council MeetingM IN U T E S RE G U L A R C O UN 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 , JUN E 6, 20 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 6:34 p.m. Present were Councilmembers Edward London, Allison McCormick (arrived at 6:41 p.m.), Brett G. Moss, Oscar Sardinas (arrived at 7:48 p.m.), 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: Councilmember Moss led the Pledge of Allegiance. 3. INVOCATION: Reverend Mandy Brady with St. Christopher's-By-the-Sea gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Councilmember Moss addressed the public recognizing the Florida Panthers' and the Miami Heat's exciting seasons for Miami sports fans and Mayor Rasco addressed the public recognizing the passing of longtime resident Bill Earle and sent condolences to his family. 5. PUBLIC COMMENTS: The following residents addressed the Council: Carlos de la Cruz, Sr., 5 Harbor Point and Tony Goudie with the Key Biscayne Community Church, 355 Glenridge Road. 6. AGENDA: Mayor Rasco requested the removal of Item 8C from the consent agenda, the withdrawal of Item 1 OH, the addition of a resolution regarding Mashta Bridge as Item 1 0I, and the addition of a Proclamation for Principal Debbie Roa's retirement from St. Christopher's by-the Sea as Item 7H; Councilmember Moss requested the addition of a discussion on Resilient and Infrastructure Projects as Item 12B6; The Clerk requested the deferral ofltem 8A to the next Regular Council Meeting. There was no objection to the agenda changes. 1 of 10 Ju n e 6, 20 2 3 7. SPECIAL PRESENTATIONS: State Senator A lexis C alatayu d w as unable to attend the m eetin g. A presentation w as given by S tate R epresentative V icki Lopez regardin g the recently concl uded state legislativ e session . M ayor R asco presented P ro cl am ations in recognition fo r M others A gainst D ru nk D riving (M A D D ) and ann ou nced that retirem ent pro cl am ation s fo r Principal R oa and St. A gnes A cadem y's M r. R odrigo R aul B ustam ante w ill be presented at priv ate events later in the w eek. A t this tim e a presentation w as given by A rt in Public Places B oard's C h air L our des Jo ffre-C ollette on the need fo r m aintenance of V ill age-w ide art stru ctures. T here w as discussion fr om C ouncil, the M anager, and C h air Jo ffre-C ollette regarding the above presentation and art stru cture m aintenance. V ice M ayor C aplan addressed the C ouncil regarding fu tur e solicitations fo r art bids needing to incl ude on goin g m aintenance, m aintenance requirem ents, and havin g inspections of the fi nished quality of that art install ation . It w as the con sensus of C ouncil fo r the A rt and Public Places B oard, V ice M ayor C aplan, and the M anager to w ork together to upgra de and m aintain the V ill age's art stru ctur es. A presentation w as given by A ndrew Fi erm an w ith C aball ero Fierm an Ll erena & G arcia, LL P on th e fi ndin gs of the A nn ual C om prehensive Financial R eport (A C FR ), incl uding a C ert ifi cate of A ch ievem ent in fi n ancial reportin g fo r the fiscal year endin g Septem ber 20, 202 1 recognizing the V ill age of K ey B iscayn e fo r its excell en ce in the area of governm ental accounting and fi nancial report in g. T h ere w as discussion fr om C ouncil and M r. Fierm an regardin g the abov e presentation . 8. CONSENT AGENDA: V ice M ayor C aplan m ade a m otion to appro v e th e fo llow ing con sent agenda, as am ended. The m otion w as seconded by C ouncilm em ber M oss and appro ved by a 6-0 voice vote. T he vote w as as fo ll ow s: C ouncilm em bers London, M cC ormi ck, M oss, V azquez, V ice M ayor C aplan, and M ayor R asco votin g Y es. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ACCEPTING A PUBLIC BEACH ACCESS EASEMENT AND DEDICATION AGREEMENT WITH THE COMMODORE CLUB SOUTH, INC. RELATING TO THE PROPERTY LOCATED AT 199 OCEAN LANE DRIVE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. T he C lerk read the fo ll ow in g resolu tion by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE PROVISIONS OF ORDINANCE 2012-10 2of10 June 6, 2023 RELATING TO THE VILLAGE'S DENSITY CAP; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Vazquez. The Attorney addressed the Council regarding the above resolution and that no site plan can be approved which allows for an increase in density above the current density that is approved for that site and that this applies Village-wide but with some exceptions for single family and two family zoning districts. There was discussion from Council and the Attorney regarding the above resolution and amending the resolution's language. Mayor Rasco made a motion to table the resolution. The motion was seconded by Councilmember Vazquez and approved by a 4-0 voice vote. The vote was as follows: Councilmembers McCormick, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmembers London and Moss were out of the room at the time the vote was taken. 9. ORDINANCES: The Clerk read the following ordinance on second 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. Councilmember Moss made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Caplan. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. There was discussion from Council and the Manager regarding the above ordinance. The ordinance was adopted on second reading by a 5-1 roll call vote. The vote was as follows: Councilmembers McCormick, Moss, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember London voting No. The Clerk read the following ordinance on second 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 FORAN EFFECTIVE DATE. 3 of 10 June 6, 2 023 Vice Mayor Caplan made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Vazquez. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. CIP and Grants Manager Colleen Blank and Procurement Officer Daren Jairam addressed the Council regarding the above ordinance. There was extensive discussion from Council, Procurement Officer Jairam, the Manager, and CIP and Grants Manager Blank regarding the above ordinance, looking at value contracting for future contracts, and quality assurances for the construction and engineering work done including construction engineering inspections. The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, 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, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO MOFFATT & NICHOL, INC. FOR ENGINEERING, SURVEYING, AND MARINE BIOLOGICAL SERVICES RELATING TO THE BEACH RENOURISHMENT PROJECT IN AN AMOUNT NOT TO EXCEED $94,711; 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 6-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, 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 MOFFATT & NICHOL, INC. FOR ENGINEERING DESIGN AND ENVIRONMENTAL PERMITTING SERVICES FOR THE DESIGN OF AN EMERGENCY INTERIM BEACH RENOURISHMENT TO ADDRESS SHORELINE IMPACTS FROM HURRICANE IAN AND HURRICANE NICOLE IN AN AMOUNT NOT TO EXCEED $78,976; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember London made a motion to approve the resolution. The motion was seconded by Vice Mayor Caplan. There was discussion from Council and the Manager regarding the above resolution. The Manager reported that the cost for the beach renourishment project is 1.9 million: 75% will be covered by 4 of JO Jun e 6 , 2 0 2 3 the state and 25% will be covered by the Village. State Representative Vicki Lopez was able to procure an additional $450,000. 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. 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 VARIANCE TO ALLOW A SECOND STORY ADDITION WITH A SIDE SETBACK OF 9.44 FEET FOR THE PROPERTY LOCATED AT 1047 MARINER DRIVE WHERE 15 FEET ARE OTHERWISE REQUIRED WITHIN THE VILLAGE ESTATES (VE) ZONING DISTRICT; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember London made a motion to approve the resolution. The motion was seconded by Vice Mayor Caplan. The Attorney addressed the Council regarding zoning procedures and the Clerk swore in any witnesses. Alexander Brolo, 121 Crandon Boulevard representing homeowner, Tatiana Carlson, addressed the Council. Building, Zoning and Planning Director Jeremy Calleros Gauger addressed the Council regarding the above resolution. There was extensive discussion from Council, Director Calleros Gauger, and the Attorney regarding the above resolution, the Village's current zoning code and the process for variance review and approval. Vice Mayor Caplan addressed the Council regarding understanding whether there is an allowance in the code as it is right now that possibly with an architectural tweak on the dimension of this addition would require no variance. Village staff and the Attorney will look into whether this development is permissible without the need for a variance and will report back at the next Regular Council Meeting or the following. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Vice Mayor Caplan made a motion to defer the resolution to the next Regular Council Meeting or the following to see if the Village code already allows for this development. The motion was seconded by Councilmember McCormick and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers McCormick, Moss, Sardinas, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmembers London and Vazquez voting No. 5 of 10 June 6, 2023 At this time the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING COASTAL BUILDING MAINTENANCE, INC. FOR CUSTODIAL SERVICES PURSUANT TO REQUEST FOR PROPOSAL NO. 2023-08 IN AN AMOUNT NOT TO EXCEED ANNUALLY $443,632.00; PROVIDING FOR AUTHORIZATION; AND PROVIDING FORAN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Vice Mayor Caplan. Director Calleros Gauger addressed the Council regarding the above resolution. There was extensive discussion from Council, Director Calleros Gauger, the Manager, and Procurement Officer Jairam regarding the above resolution and the methodology used in presenting vendors' evaluations and the criteria used for evaluating current vendors. 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, PROVIDING FOR THE 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; PROVIDING FOR REVISIONS TO THE SERVICE FEE FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES; CONFIRMING INITIAL RATE RESOLUTION; ESTABLISHING THE METHOD BY WHICH THE PROPOSED SERVICE FEE SHALL BE MADE; PROVIDING FOR EQUALIZATION, FILING, AND LIEN ON PROPERTIES TO BE ASSESSED; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Chief Financial Officer Benjamin Nussbaum addressed the Council regarding the above resolution. There was discussion from Council and CFO Nussbaum 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. 6 of 10 June 6, 2023 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING U.S. LUBRICANTS LLC FOR STORMWATER UTILITY MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $226,792.00 ANNUALLY; 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 Vazquez. There was discussion from Council, Procurement Officer Jairam, and Director Calleros Gauger regarding the above resolution and the procurement process. Mayor Rasco requested that future resolutions include how much was spent on a particular contract the prior year. There was no objection to the request. The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers McCormick, Moss, Sardinas, Vazquez, and Mayor Rasco voting Yes. Councilmember London and Vice Mayor Caplan were out of the room at the time the vote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING AND AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BEEFREE, LLC D/B/A FREEBEE FOR ON-DEMAND TRANSIT SERVICES IN AN AMOUNT NOT TO EXCEED $609,246.00 ANNUALLY; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. There was discussion from Council and Chief Resilience and Sustainability Officer Dr. Roland Samimy, the Attorney, and the Manager regarding the above resolution, CITT funding with the half penny sales tax, and the FDOT grant process and update. Also discussed was the monitoring ofridership which has climbed to 7,500 to 8,000 rides per month, working on trying to lower the wait times for rides, and that Miami-Dade County is discontinuing the Harbor Drive bus route. 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 Attorney read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE COMMUNITY CENTER'S MARINE BIOLOGY 7 of 10 June 6, 20 23 CAMP TO ENGAGE IN SALTWATER FISHING ON THE WEST MASHTA ROAD BRIDGE FOR TWO HOURS A DAY ON THREE DAYS OF THE 2023 SUMMER; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution as it is time sensitive. The motion was seconded by Councilmember McCormick. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The resolution 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. At this time Mayor Rasco addressed the Council regarding appointments to the Sustainability Advisory Board. Mayor Rasco appointed the following residents: Michael Schmale, Derek Duzoglou, Manny Rionda, Jacqueline Kellogg, Anne Rothe, Luis de la Cruz, and Kristen Kundahl to the Sustainability Advisory Board. There was discussion from Council regarding the appointments. It was the consensus of Council to approve the appointments. Councilmember McCormick made a motion to remove Item 8C from the table. 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 Attorney addressed the Council proposing the following amendment: "Whereas the constraints on infrastructure and services that existed when the density cap was adopted through ordinance 2012-10 not only continue to exist but have intensified and accordingly the density cap remains in the best interest of the Village". It was the consensus of Council to approve the above amendment. The resolution was approved, as amended, 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: Jorge Castaneda, 485 Hampton Lane addressed the Council. At this time Councilmember Moss addressed the Council regarding seawalls. There was extensive discussion from Council, the Manager, and Dr. Samimy regarding seawalls, receiving community feedback, seawall elevations, and future construction. Unincorporated Miami-Dade County recently passed legislation for a crest elevation of 6 feet with an additional 5 inches taking the crest height to 6.5 feet. The Manager will report back at the next Regular Council Meeting on a status update regarding seawalls. At this time Councilmember Vazquez addressed the Council regarding stormwater regulations for individual properties including residents and commercial. There was discussion from Council, the 80/JO June 6, 2023 Attorney, and the Manager regarding having a unified Village-wide approach to drainage. At this time Councilmember Moss addressed the Council regarding the process for site plan review and criteria. There was discussion from Council regarding the above item and having a 30-day window for Council review. It was the consensus of Council for Councilmember Moss to work with the Attorney and Director Calleros Gauger on a review and process plan for site plan approvals and report back with recommendations at a future meeting date to be determined. At this time Councilmember London addressed the Council regarding securing the Beach Park after sundown with time sensitive locks and security cameras. There was discussion from Council, the Manager, and Chief of Police Frank Sousa regarding Beach Park security. At this time Mayor Rasco addressed the Council regarding FY23 and a 6-month budget. CFO Nussbaum addressed the Council regarding the above items. At this time Councilmember Moss addressed the Council regarding Resilient and Infrastructure Projects. There was discussion from Council and the Manager regarding what approach should be taken by the Village in addressing the above projects. The Manager will set up a workshop at a future date to be determined. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council giving a presentation on athletic field space and programming time issues. Director Calleros Gauger and the Manager addressed the Council reporting on an update for Rickenbacker Causeway: the area's scope for the project has increased, FDOT is proposing connections between 1-95 and Rickenbacker, the Hobie North Island shore stabilization, and that there will be concrete rehabilitation of the flyovers in 2024. There was discussion from Council and the Manager regarding the above items and Bear Cut Bridge replacement, the number of lanes going to Key Biscayne and that final design would be based on a comprehensive traffic analysis. CIP and Grants Manager Colleen Blank addressed the Council reporting on a status update for the Beach Park construction improvements project. At this time Mayor Rasco addressed the Council wishing Councilmember London a Happy Birthday. Mayor and Councilmembers: This item was addressed earlier in the evening. Village Attorney. The Attorney did not submit a report. 9of10 June 6, 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 was adjourned at 10:14 p.m. Respectfully submitted: 3?;;:=W3 ~oJ-, Village Clerk A=z; ~----A __ u,...g __ us .... t __ 2023: 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. 10 of 10