HomeMy Public PortalAbout08-29-23 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 IS C A YN E , F L O RI D A
T U E S D A Y , A U G U S T 2 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 6:34 p.m. Present were Councilmembers Edward London, Allison McCormick
(arrived at 6:36 p.m.), 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: Councilmember Vazquez led the Pledge of Allegiance.
3. INVOCATION: Rabbi Avremel Caroline with Chabad of Key Biscayne gave an
invocation.
4. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the Council and public
with concern for the safety and welfare of the residents in Northern Florida regarding Hurricane
Idalia. Councilinembers McCormick and Sardinas addressed the public clarifying that a survey
which went out recently was not issued by the Village.
5. PUBLIC COMMENTS: The following residents addressed the Council: Gerard Lysol,
310 Ridgewood Road; Carlos de la Cruz, 5 Harbor Point; Mayra Pena Lindsay, 3 65 Westwood
Drive; Jorge Castillo, 200 Galen Drive; Ignacio Segurola; 881 Ocean Drive, and Luis Casamayor,
609 Ocean Drive.
6. AGENDA: Councilmember Moss requested the addition of a discussion regarding Zoning
Districts as Item 12B5; Councilmember McCormick requested a discussion regarding Water
Quality Notification as Item 12B6; Mayor Rasco requested that Item lOC be moved to the consent
agenda; the Manager requested the deferral of Item 7 A, and the Attorney requested the deferral of
Item 1 0A to a date certain of September 15, 2023 at 9:00 a.m. in the Council Chamber.
Mayor Rasco made a motion to approve the agenda, as amended. The motion was seconded by
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Vice Mayor Caplan 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.
7. SPECIAL PRESENTATIONS: Mayor Rasco announced that a Centenarian Celebration
will be held for residents who have reached the age of 100 years old starting in September 2023.
A Proclamation regarding National Diaper Need Awareness Week was recognized by Mayor
Rasco.
Mayor Rasco presented a Proclamation in recognition to the Key Biscayne Historical and Heritage
Society for their funding support of the Key Biscayne Fire Rescue Department's Antique Fire
Engine and a Proclamation recognizing the contributions of the late Robert "Bob" Bristol to the
Fire Rescue Department.
There was discussion from Council, Fire Rescue Chief Eric Lang, and residents regarding the two
above proclamations.
At this time Fire Rescue Chief Lang addressed the Council recognizing August 31st as Overdose
Prevention Day and introduced Dr. Wendy Stephan, epidemiologist, with the Florida Poison
Control Center who then gave a presentation.
There was discussion from Council and Dr. Stephan regarding the above presentation.
At this time a presentation was given by Village lobbyist Jim Davenport with Thorn Run Partners
on FY23 legislative updates.
There was discussion from Council, Mr. Davenport, and the Manager regarding the above
presentation.
8. CONSENT AGENDA: Vice Mayor Caplan made a motion to approve the following
consent agenda, as amended. 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 minutes of the June 6, 2023 Regular Council Meeting.
The minutes of the July 18, 2023 Regular Council Meeting.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING
WITH THE KEY BISCAYNE PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL 3638; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, TERMINATING THE DECLARATION OF A STATE OF EMERGENCY DUE
TO THE NOVEL CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC;
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PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING AN AMENDED AND RESTATED INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO THE
REESTABLISHMENT AND DISTRIBUTION OF THE SIX-CENT LOCAL OPTION GAS
TAX; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) HAZARD MITIGATION GRANT IN AN AMOUNT OF $171,710.86 TO INSTALL
TWO BACK-UP GENERATORS FOR STORMWATER PUMP STATIONS LOCATED AT
OCEAN LANE DRIVE AND EAST HEATHER DRIVE AND APPROVING AN
AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) STATE APPROPRIATION GRANT IN AN AMOUNT OF
$450,000.00 RELATING TO THE IMMEDIATE FLOOD CONTROL AND MITIGATION
PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME;
PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, CONFIRMING THE VILLAGE'S ABILITY TO FUND AND SUPPORT THE
PERMITTING, DESIGN, CONSTRUCTION, AND MONITORING OF THE VILLAGE'S
BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE.
9. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING
ARTICLE VIII OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES
ESTABLISHING SUPPLEMENTAL OPEN MEETING PROCEDURES; 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. The motion was seconded by
Councilmember McCormick.
Councilmember McCormick addressed the Council regarding the above ordinance.
There was discussion from Council and the Attorney regarding the above ordinance.
It was the consensus of Council to add clarifying language regarding Section 7. 08 of the Village
Charter requiring courtesy electronic public notice.
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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, as amended. 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:
ARESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, REVISING THE SCHEDULE OF FEES FOR USE OF THE VILLAGE'S
COMMUNITY CENTER; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember London.
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.
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 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, ACCEPTING A FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT)
PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM GRANT IN AN AMOUNT
OF $166,679 TO EXPAND THE VILLAGE'S ON-DEMAND TRANSIT SERVICE AND
APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FORAN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember Sardinas.
Mayor Rasco requested that Items 1 OD and 1 OE be heard at the same time. There was no objection
to the request.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH BEEFREE, LLC D/B/A FREEBEE
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TO PROVIDE THREE (3) ADDITIONAL ON-DEMAND TRANSIT VEHICLES IN AN
AMOUNT NOT TO EXCEED $304,623 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 Moss.
Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding
the above resolutions and grant applications.
There was discussion from Council, Dr. Samimy, and the Manager regarding the above
resolutions, increasing ridership, and reducing wait times. The Manager reported a status update
on FreeBee ridership will be given in approximately six months.
The Attorney addressed the Council regarding a grant money provision in the contract regarding
the number of vehicles.
The two resolutions were 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 Councilmember London made a motion to rescind Item 8D from the consent agenda.
The motion was seconded by Vice Mayor Caplan 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.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, TERMINATING THE DECLARATION OF A STATE OF EMERGENCY DUE
TO THE NOVEL CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC;
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 McCormick.
Councilmember London addressed the Council regarding the above resolution.
There was extensive discussion from Council, the Attorney, and the Manager regarding Council
participating remotely for Council meetings.
It was the consensus of Council to direct the Attorney to draft legislation regarding the policy of
the board going forward for Council's remote participation in Council meetings.
There was additional discussion from Council and the Attorney regarding the above resolution and
remote participation.
Councilmember London made a motion to table the resolution.
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It was the consensus of Council to direct the Attorney to send Council all of the relevant
information regarding the above item including the Village Charter, Florida state law, and the
Attorney General opinions for reference.
The London motion was seconded by Vice Mayor Caplan who made an amending motion for the
item to be deferred. Councilmember London accepted the amendment.
The London 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.
At this time Mayor Rasco addressed the Council regarding the Education Advisory Board and
appointed Councilmember Sardinas to be Council liaison of that board. There was discussion from
Council regarding the appointment. It was the consensus of Council to approve the appointment.
Councilmember McCormick announced that the outgoing Education Advisory Board's Chair will
give a presentation at a future Council meeting to be determined.
At this time Mayor Rasco addressed the public announcing that approximately 600 homes are
without power and FPL is on site addressing the situation.
At this time Public Works Director Cairo Cangas addressed the Council reporting on a status
update for the Crandon and Harbor Drive right hand turn lane construction project.
There was discussion from Council, Director Cangas, and the Manager regarding the above
project, DERM permitting, FDOT, public utility issues, and the project's timeline.
At this time Councilmember McCormick addressed the Council regarding public records requests
and looking at current procedures and how to make tasks more manageable in the Clerk's office.
There was discussion from Council regarding the above item, possibly hiring additional staff,
electronic discovery, scanning and retrieval, and consulting with other municipalities on their
workflow processes.
It was the consensus of Council to direct the Clerk to review the current office procedures and over
the next year, to come up with a plan moving forward and to report back to Council on an update
in approximately six months.
Councilmember McCormick addressed the Council regarding missing public records.
There was discussion from Council and the Attorney regarding the above item.
It was the consensus of Council to support the Clerk, as the custodian of records, in pursuing the
missing public record. Mayor Rasco requested that Councilmember McCormick be the liaison on
this issue with the Clerk and to report back within 90 days or whenever practical on a status update.
Councilmember Moss addressed the Council regarding resilient projects, project budgeting, and
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zoning districts.
There was extensive discussion from Council and the Manager regarding having an economic
model first in order to start a project, what are the different scenario options and their approximate
economic costs, the level of service desired by zone, factoring in land acquisition into the
budgeting, outfalls and pumping capacity, bonuses available for easements for waterfront and
non-waterfront homes, a "dig once" strategy, and that more information is needed in order to move
forward with a decision.
11. PUBLIC COMMENTS: Public comments were addressed earlier in the evening.
12. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Village Manager. The Manager addressed the Council reporting that the budget is posted on the
website and is available for viewing.
Director Hofferberth addressed the Council reporting on athletic fees and the request for proposal
for the youth soccer program. Director Hofferberth reported that approximately $9.3 Million
dollars will be needed for future maintenance and infrastructure repairs to athletic fields and parks.
There was discussion from Council and Director Hofferberth regarding the charging of fees for
programming, field space, 10% of the gross profit going back to the Village from the soccer
program, player and parent conduct, and monitoring online registration for non-resident/resident
enrollment percentage rules for team sports.
The Manager addressed the Council regarding FY23/24 recommended appropnations for
legislative requests for both state and federal. The Manager is working with Village lobbyists and
representatives, submissions are due at the beginning of November 2023 for state appropriations
and federal appropriations are due next February 2024. The Manager is working with County
Commissioner Raquel Regalado regarding rules and enforcement for motorized scooters on
Crandon Boulevard.
There was discussion from Council, the Manager and Director Hofferberth regarding motorized
scooters on Crandon Boulevard, special needs funding and programm ing, and the Education
Compact.
There was additional discussion from Council, the Manager, and Director Hofferberth regarding
special needs programming on the weekends and possibly partnering with the schools to provide
programming to a sister city school at the same time.
The Manager and Building, Zoning and Planning Director Jeremy Calleros Gauger addressed the
Council reporting on planning and zoning legislative priorities regarding Resilience and Smart
Developments including (1) all zoning Districts allowing Public Utility usage, (2) Local Planning
Authority Process, and (3) Cost recovery Ordinance (Pass Through). These items and including
easement incentives will be presented again at the October 10, 2023 Regular Council Meeting.
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At this time Mayor Rasco congratulated Chief of Police Frank Sousa and the Police Department
for the recent arrest made within the Village.
At this time Councilmember Moss addressed the Council regarding zoning districts and having
commercial areas be more resilient and requested to work with Director Calleros Gauger and/or
the Attorney and report back to Council at a future date to be determined. It was the consensus of
Council to approve this request.
There was discussion from Council regarding the above request.
Councilmember McCormick addressed the Council regarding water quality notification.
There was discussion from Council, the Manager, and Dr. Samimy regarding the above item. Dr.
Samimy reported that the Department of Health and Miami Waterkeepers monitors water quality
around the Village. Miami Waterkeepers issues swim advisories via the Swim Guide app. The
Manager reported the Swim Guide app is available on the Village's website and on the VKB311
app and will notify the public promoting the Swim Guide app.
Mayor and Councilmembers: These items were addressed earlier in the evening.
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 9:40 p.m.
R espectfully subm itted:
s~~bY-o~
Village Clerk
October
Joe I. Rasco
Mayor
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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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