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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 1 of9 A ug u s t 2 9 , 2 0 2 3 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; 2of9 A ug u st 2 9 , 2 0 23 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. 3 of9 A ug u st 2 9 , 20 2 3 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 4 of9 A ugust 29, 2023 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. 5 of9 A ugust 29, 2023 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 6 of9 A u g ust 29 , 20 23 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. 7 oj9 A ugust 29, 20 23 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 8of9 A ug us t 2 9 , 20 2 3 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. 9oj9