HomeMy Public PortalAbout10-10-23 Regular Council MeetingMINUTES
REGULAR COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 10, 2023
COUNCIL CHAMBER
560 CRANDON BOULEY ARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order
by the Mayor at 6:33 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: Mayor Rasco led the Pledge of Allegiance.
3. INVOCATION: Father Juan Carlos Paguaga with St. Agnes Catholic Church gave an
invocation.
4. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the Council and the
public regarding the tragic events in Israel on October 7th and held a moment of silence for the
victims, hostages, and the families affected.
5. PUBLIC COMMENTS: The following resident addressed the Council: Melissa White
with the Key Biscayne Community Foundation, 370 Heather Lane.
6. AGENDA: Mayor Rasco requested the addition of a discussion regarding the State
Lobbying Contract as Item 12B3.
Councilmember Moss addressed the Council clarifying that grants the Village applies for or
receives are flexible in nature since the Council is still determining what level of service is desired
for the stormwater system.
Vice Mayor Caplan addressed the Council clarifying that in the title of Item 8B, the 30-100%
design is a two-step process.
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C ouncilm em ber L on don requested the rem oval of It em 8B fr om the con sent agenda and the
M anager requested the rem oval of It em 8E fr om the consent agenda in order to have a discussion
an d status update. T here w as no objection to the agenda changes nor cl arifi cation s.
7. SPECIAL PRESENTATIONS: S ale Stojanovic w ith Em erson Fittapaldi C oncors de
L 'E legance W eek (p reviou sly kn ow n as K ey B iscayn e C ar W eek) gave a presentation . T here w as
extensive discussion fr om C ouncil, M r. S tojanov ic, and the M anager regarding the above
presentation .
T h ere w as discussion fr om C ouncil and the M anager regardin g am ending the pro cess fo r fu tur e
C om m unity G ro up fu ndin g requ ests. It w as the consensus of C ouncil to m ake the fo llow ing
am en dm ents to the review pro cess: (1) to have the review pro cess earl ier in the year (2) to have
C oun cil part icipation prior to any decision -m akin g, and (3) fo r C ouncil to discuss fu nding
priorities at next year's Strategic Plann ing S ession .
M ayor R asco presented a Pro cl am ation regarding N ation al E -W aste D ay and ann ounced the
V ill age's A nn ual E lectro n ic R ecycl ing D ay occurs in A pril.
8. CONSENT AGENDA: V ice M ayor C aplan m ade a m otion to appro ve the fo llow ing
con sent agenda, as am en ded . T he m otion w as secon ded by C ouncilm em ber M cC orm ick and
appro ved by a 7-0 voice vote. T he vote w as as fo ll ow s: C ouncilm em bers Lon don , M cC ormi ck,
M oss, S ardinas, V azquez, V ice M ayor C aplan, and M ayor R asco votin g Y es.
T h e m inutes of the A ugust 29, 2023 R egular C ouncil M eetin g.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPLY FORA MATCHING
HAZARD MITIGATION ASSISTANCE GRANT FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) TO OBTAIN FUNDING FOR A STORMWATER
PUMP STATION AT HARBOR PARK; AND PROVIDING FORAN EFFECTIVE DATE.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) MATCHING HAZARD MITIGATION GRANT IN AN AMOUNT OF $358,150 TO
COMPLETE PHASE 1 OF THE GARDENS DISTRICT DRAINAGE IMPROVEMENTS
PROJECT AND APPROVING AN AGREEMENT RELATED TO THE SAME;
PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
T h e C lerk read the fo ll ow in g resolution by titl e:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ACCEPTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) RESILIENT FLORIDA GRANT IN AN AMOUNT OF $885,626 TO
COMPLETE THE 30-100% DESIGN OF THE ZONE 1 KS STORMWATER BASIN
RESILIENT INFRASTRUCTURE IMPROVEMENTS PROJECT AND APPROVING AN
AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
V ice M ayor C aplan m ade a m otion to appro ve the resolution . T he m otion w as seconded by
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Councilmember McCormick.
Councilmember London addressed the Council regarding the above resolution.
There was discussion from Council, the Manager, and CIP and Grants Manager Colleen Blank
regarding the above resolution and a 50/50 split for reimbursements.
The Manager announced a Resilient Infrastructure Adaptation Program Workshop will be held on
October 26, 2023 followed by a Community Meeting. The Manager also reported that at the
November 14th, 2023 Council Meeting, the administration will be requesting Council's preferred
modeling alternatives and scenarios which will give guidance to AECOM to move forward and
present the 30-100% design of the Zone 1 K8 Stormwater Basin in December or January 2024.
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, APPROVING AND ACCEPTING A STORMWATER
DRAINAGE EASEMENT AGREEMENT WITH NICOLAS MOLINA RELATING TO
THE PROPERTY LOCATED AT 425 WEST MASHTA DRIVE; 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.
Building, Zoning, and Planning Director Jeremy Calleros Gauger and Chief Resilience and
Sustainability Officer Dr. Roland Samimy addressed the Council regarding the above resolution.
There was discussion from Council, Director Calleros Gauger, and Dr. Samimy regarding the
above resolution, thanking Mr. Molina for participating in the easement agreement, and plans for
future talks with property owners regarding easements to address stormwater drainage.
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.
9. ORDINANCES: The Clerk read the following ordinance on second 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 adopt the ordinance on second reading. The motion was
seconded by Councilmember McCormick.
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The Mayor opened the public hearing. There were no speakers present. The Mayor
closed the public hearing.
There was discussion from Council regarding the above ordinance and the Charter Amendment
passed in the 2022 Election.
The ordinance was adopted on second 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 ordinance on second 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.
Vice Mayor Caplan made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Sardinas.
The Mayor opened the public hearing. There were no speakers present. The Mayor
closed the public hearing.
Director Calleros Gauger addressed the Council regarding the above ordinance and the Village's
comprehensive plan.
There was discussion from Council, Director Calleros Gauger, and the Attorney regarding the
requirements for adoption.
Vice Mayor Caplan addressed the Council regarding looking at the comprehensive plan and
addressing Senate Bill 102 and requested this item be placed on a future agenda. There was no
objection to this request.
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. Councilmember Sardinas was out of the room at the time the vote was taken.
The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE
VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-4 "ZONING AND
PLANNING APPLICATION FEES," RELATING TO COST RECOVERY; PROVIDING
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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 McCormick.
There was discussion from Council and Director Calleros Gauger regarding the above ordinance,
recouping of fees, and outsourcing.
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.
The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE
VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-73 "SITE PLAN
REVIEW PROCEDURES," RELATING TO VOTING PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Moss made a motion to approve the ordinance on first 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, Director Calleros Gauger, the Manager, and the Attorney
regarding the above ordinance and a minimum number of days for Council review of site plans for
commercial properties.
It was the consensus of Council to amend the ordinance to set a minimum lead time of 28 days
from the Site Plan Review Workshop to a vote of Council.
The ordinance was approved, as amended, 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.
10. RESOLUTIONS: 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 REQUEST FOR THE MODIFICATION OF A
NONCONFORMING DOCK TO PERMIT THE DOCK WIDTH TO BE EXPANDED
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FROM APPROXIMATELY 4 FEET TO 5 FEET IN WIDTH ON PROPERTY LOCATED
AT 740 HARBOR DRIVE; PROVIDING FOR FINDINGS; 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 Sardinas.
The Attorney addressed the Council regarding the quasi-judicial hearing procedure and all
witnesses giving testimony were sworn in by the Clerk.
There was discussion from Council and Director Calleros-Gauger regarding the above resolution.
Contractor Angel Miguel Axilla, 931 Harbor Drive, representing the applicant
addressed the Council 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 CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF
PROTECTIVE BALLISTIC VESTS FROM FEDERAL EASTERN INTERNATIONAL,
LLC IN AN AMOUNT NOT TO EXCEED $73,268.64; PROVIDING FOR
AUTHORIZATION; 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.
Chief of Police Frank Sousa addressed the Council regarding the above resolution.
There was discussion from Council and Chief Sousa regarding improved rifle plate design, pricing,
a 5 year warranty, and that the previous lot of expired bullet proof vests were donated to Ukraine.
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 CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF
FOUR POLICE VEHICLES FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC.
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D/B/A ALAN JAY FLEET SALES IN AN AMOUNT NOT TO EXCEED $235,000;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR THE IDENTIFICATION AND
SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FORAN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember McCormick.
Chief Sousa addressed the Council regarding the above resolution.
There was discussion from Council and Chief Sousa regarding the above resolution, fuel
efficiency, and the difficulty in the supply chain for obtaining new vehicles.
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, SELECTING DEX IMAGING, LLC, FOR COPIER MACHINE RENTAL AND
MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $98,525.07 FOR A 63-
MONTH TERM; 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 Sardinas.
Chief Sousa addressed the Council regarding the above resolution.
There was discussion from Council and Chief Sousa regarding the above resolution, copying
efficiency, and toner and service calls being included in the contract.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers
London, McCormick, Moss, Sardinas, Vice Mayor Caplan, and Mayor Rasco voting Yes.
Councilmember Vazquez was not online 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, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A
WORK ORDER TO AECOM TECHNICAL SERVICES, INC. FOR PRE-DESIGN
SERVICES RELATING TO THE K-8 SCHOOL STORMWATER DRAINAGE
IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $926,923.60; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by
Councilmember McCormick.
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Dr. Samimy addressed the Council regarding the above resolution and reported that these are the
initial design tasks that are needed regardless of the final storm water design selected by Council.
There was extensive discussion from Council, Dr. Samimy, and the Manager regarding the above
resolution, evaluating permeability benefits vs. costs with sea level rise as a factor and having an
incremental evolution of the stormwater system and over time be able to modify the discharge
velocity of stormwater.
Councilmember London addressed the Council and Dr. Samimy regarding looking at the cost of
the level of service vs. the comfort to the residents regarding traffic, mobility, and safety and to
receive input from the residents.
Dr. Samimy reported that the tasks of this work order are the following: geotechnical engineering,
bathymetric and topographic surveying and mapping, subsurface utility investigations,
contamination assessments, utility coordination and undergrounding design, and additional
hydrology and hydraulics and environmental surveys.
There was additional discussion from Council and Dr. Samimy regarding tightening up the
proposed schedule and modeling by potential damage to property and not so much by how much
water is in the street.
The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers
McCormick, Moss, Sardinas, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes.
Councilmember London voting No.
At this time Councilmember Vazquez virtually exited the meeting.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING AN AMENDED FLEET REPLACEMENT POLICY;
REPEALING RESOLUTION NO. 2019-6; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Moss made a motion to approve the resolution. The motion was seconded by Vice
Mayor Caplan.
There was discussion from Council and Chief Financial Officer Benjamin Nussbaum regarding
the above resolution and possibly adding additional time to the Fleet Replacement Policy,
analyzing the cost of ownership and resale value, and keeping detailed records on maintenance
expenses.
It was the consensus of Council for Councilmember London to work with CFO Nussbaum
regarding amendments to the Fleet Replacement Policy.
The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers
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London, McCormick, Moss, Sardinas, Vice Mayor Caplan, and Mayor Rasco voting Yes.
At this time Mayor Rasco addressed the Council regarding the Village's state lobbying contract.
There was extensive discussion from Council and the Manager regarding a house appropriations
request submitted by the Village's state lobbyist.
Councilmember McCormick made a motion to accept the lobbyist's letter ofresignation received.
The motion was seconded by Mayor Rasco.
The Attorney addressed the Council on the voting requirements for a time sensitive item.
Vice Mayor Caplan made a motion that the item is time sensitive. The motion was seconded by
Councilmember Moss.
There was discussion from Council regarding Councilmember McCormick's motion.
Councilmember London made a motion to defer a week in order to receive more information on
the matter. The motion was seconded by Vice Mayor Caplan.
It was the consensus of Council not to take action at this time and to hold a Special Council Meeting
on Friday, October 20, 2023 at 9:30 a.m.
At this time Mayor Rasco addressed the Council regarding code enforcement issues for swales.
There was discussion from Council and Director Calleros Gauger regarding construction site
debris, parking in the street, swales, and grass replacement. Director Calleros Gauger will report
back to Council on any new code enforcement requirements needed for swales at a future date to
be determined.
At this time Mayor Rasco addressed the Council regarding holding more Council meetings more
often regarding stormwater. Mayor Rasco will work with the Manager and the Clerk on setting
additional Council meeting dates.
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 the Capital Improvement Plan
update is included in the agenda. The Manager also reported on the following future meetings and
events to be held: a Scoot Safe Community Meeting tomorrow evening at the KB Community
Center, a reception for the Community Groups and Events on October 12th; an RIAP Workshop
on October 26th, a Crandon Boulevard Safety Community Meeting on October 291'\ a Building
Safety Community Meeting with State Representative Vicki Lopez and Miami-Dade County
Commissioner Raquel Regalado on November l ", and another RIAP Community Meeting on
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November 7th, 2023.
Councilmember Moss addressed the Council regarding safety concerns for electric bikes and
scooters.
Chief Sousa addressed the Council regarding increased police enforcement and outreach.
There was discussion from Council, Chief Sousa, and the Attorney regarding enforcement,
decreased traffic to Mast Academy, liability insurance, and a Village-wide effort on compliance.
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.
Respectfully submitted:
Sib . 1£rr1=2 \(oe-1----._
Village Clerk
~ay of _ ____,;;;D;;..;e~c=e=n=1b""'e"'-r .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.
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