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HomeMy Public PortalAbout12-12-23 Regular Council MeetingMINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 12, 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 Franklin H. Caplan, Edward London, Brett G. Moss, Oscar Sardinas, Fernando A. Vazquez (arrived at 6:49 p.m.), Vice Mayor Allison McCormick, 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 McCormick led the Pledge of Allegiance. 3. INVOCATION: Pastor Dennis Eastling with the Key Biscayne Community Church gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the public sending holiday greetings to all the residents and Councilmember Caplan addressed the Council and public regarding attending a lovely tennis event hosted by the Dominican Republic last Saturday with Councilmember Moss. 5. PUBLIC COMMENTS: The following residents addressed the Council: Eduardo Von Simpson, 101 Ocean Lane Drive; Pamela Benn with Call-A-Plumber, Inc., 240 Galen Drive; Andy Hen-era, 250 Fernwood Road; Jenaya Kent, 201 Crandon Boulevard, and Taima Hervas, 250 Galen Drive. 6. AGENDA: Mayor Rasco requested the addition of a discussion regarding red flags on the beach as Item 12B 1 and requested the addition of a discussion regarding a clarification on the Soccer program's RFP meeting as Item 12B2. There was discussion from Council and the Attorney regarding the procurement process and open meeting procedures. It was the consensus of Council not to add I tern 12B2 to the agenda and for this item to be discussed I o.f9 D ecem ber 12, 2023 at the January 23, 2024 Regular Council Meeting. The Clerk requested to remove Item 8C from the consent agenda. There was no objection to the agenda changes. 7. SPECIAL PRESENTATIONS: There were no presentations given. 8. CONSENT AGENDA: Councilmetnber Caplan made a motion to approve the following consent agenda, as amended. The motion was seconded by Councilmember London and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. The minutes of the September 26, 2023 Special Council Meeting. The minutes of the October 10, 2023 Regular Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) MATCHING GRANT IN AN AMOUNT OF $112,500 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR PLAYGROUND IMPROVEMENTS AT VILLAGE GREEN PARK AND APPROVING A STANDARD GRANT AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES: The Clerk read the following ordinance on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE VILLAGE'S STORMWATER PROJECT RELATING TO THE CLEAN WATER STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE AMENDMENT TO LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. Councilmember Moss made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Caplan. There was discussion from Council and CIP and Grants Manager Colleen Blank regarding the above item. CIP and Grants Manager Blank will report back on the performance timeline and what the loan's starting date would be at a future Council Meeting date to be determined. The Attorney addressed the Council confirming that the above item does not require a super majority vote. 2of9 December 12, 2023 The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, 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 CREATING SECTION 30-114, "PUBLIC STORMWATER UTILITY USES," TO ALLOW PUBLIC STORMWATER UTILITY USES AS A PERMITTED USE IN ZONING DISTRICTS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to adopt the ordinance on first 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. There was discussion from Council and Building, Zoning and Planning Director Jeremy Calleros Gauger regarding the above item and land use and zoning guidance for future Councils. The Attorney addressed the Council clarifying that this item is limited to the Village's public storm water utility only. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. The Clerk read the following ordinance on first reading, by title: AN ORDlNANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE II, CHAPTER 26, "GOLF CARTS," OF THE VILLAGE CODE OF ORDINANCES RELATING TO GOLF CART USE WITHIN THE VILLAGE; 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 first reading. The motion was seconded by Councilmember Caplan. The Mayor opened the public hearing. Andy Herrera, 250 Fernwood Road addressed the Council. The Mayor closed the public hearing. 3 of9 D ecem ber 12, 2023 There was extensive discussion from Council, the Attorney, and the Manager regarding the above item, the amount of the fines, possibly making fines stricter, and Florida driver's license requirements. It was the consensus of Council for the Attorney to work with Chief of Police Frank Sousa and report back at the next Regular Council Meeting on the following items: clarity on the amount of fines and when they are imposed, what is the violation if you are under 18 years of age, unlicensed, and driving a golf cart, and whether an 18 years of age and older driver must have a valid Florida driver's license in order to drive a golf cart in the Village. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. The Clerk read the following ordinance on first reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING EASTMAN AGGREGATE ENTERPRISES, LLC FOR THE VILLAGE'S BEACH RENOURISHMENT PROJECT IN AN AMOUNT NOT TO EXCEED $2,662,352.50; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Caplan. Chief Resilience and Sustainability Officer Dr Roland Samimy addressed the Council regarding the above item and reported the sand loss on the beach was a result of Hurricanes Ian and Nicole and an unnamed November 15th storm. There was discussion from Council and CRSO Dr. Samimy regarding the above item, the number of bidders, the logistics of trucking in the sand, and that Exhibit B needs to be updated for second reading. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, 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 ORDINANCE NO. 2023-12 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR 2023- 2024 BY REVISING THE 2023-2024 FISCAL YEAR BUDGET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FORAN EFFECTIVE DATE. 4 o.f 9 Decem ber 12, 2023 Councilmember Caplan made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Moss. There was discussion from Council, CIP and Grants Manager Blank and CRSO Dr. Samimy regarding the above ordinance. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, 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 CONCERNING THE VILLAGE'S STORMWATER PROJECT RELATING TO THE CLEAN WATER STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE AMENDMENT TO LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND 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 CIP and Grants Manager Blank regarding the above item. The ordinance was approved on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. 10. RESOLUTIONS: 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 UPGRADES TO THE VILLAGE'S SECURITY CAMERA AND LICENSE PLATE RECOGNITION (LPR) SYSTEMS FROM ER TECH SYSTEMS INC. D/B/A BROADCAST SYSTEMS IN AN AMOUNT NOT TO EXCEED $230,000; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Sardinas. There was discussion from Council and Chief Sousa regarding the above resolution, the number of bidders, and License Plate Recognition (LPR) Systems' locations. The above resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers 5 o.f9 December 12, 2023 Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. The Mayor requested Items 1 OD and 1 OE be heard. There was no objection to the request. At this time the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR RATIFICATION OF THE 2023-2026 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, FOR THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S POLICE LIEUTENANTS; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember London and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. Councilmember Moss was out of the room at the time the vote was taken. At this time the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR RATIFICATION OF THE 2023-2026 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, FOR THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S POLICE LIEUTENANTS; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Vice Mayor McCormick. There was discussion from Council, the Manager, Chief Financial Officer Benjamin Nussbaum, and the Attorney regarding the above resolution, COLA, and inflation. The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, 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 A CAT TH255C TELEHANDLER FROM KELLY TRACTOR CO. IN AN AMOUNT NOT 6 of9 December 12, 2023 TO EXCEED $128,015; DECLARING THE EXISTING TELEHANDLER AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember London. There was extensive discussion from Council, Public Works Director Cairo Cangas, and Parks, Recreation and Open Spaces Director Todd Hofferberth regarding the above item, the multiple uses of a telehandler, and rental costs of a telehandler. The Manager will report back at the next Regular Council Meeting on the following information regarding a telehandler: the daily rental costs, monthly usage, and the possibility of renting ahead of an impending storm. Mayor Rasco made a motion to defer the resolution to the next Regular Council Meeting. The motion was seconded by Councilmember Caplan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OFTHE VILLAGE COUNCILOFTHE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING UG2 LLC FOR FACILITIES MANAGEMENT AND MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $313,212.35 ANNUALLY; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATK Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Vazquez. There was discussion from Council and Director Cangas regarding the above resolution, using local vendors for maintenance repairs, programming maintenance, and analyzing the Village's assets. Senior Vice President Ken Gomulka and Support Engineer Jeff Jenson with UG2 LLC addressed the Council regarding the above resolution. There was discussion from Council, Mr. Gomulka, Mr. Jensen, Director Cangas, and the Manager regarding having an asset management system, using this for other capital components, and that the data would be entered into the Village's Citiworks. Councilmember Moss made a motion to defer the resolution to the January 23, 2024 Regular Council Meeting. The motion was seconded by Councilmember Caplan. The Manager requested to amend the motion to not a date certain, There was no objection to the amendment. 7of9 Decem ber 12, 2023 T he m otion, as am ended, w as appro ved by a 6-0 voice vote. The vote was as follow s: C ouncilm em bers C aplan, M oss, Sardinas, Vazquez, Vice M ayor M cCorm ick, and M ayor Rasco votin g Y es. C ouncilm em ber London was out of the ro om at the tim e the vote w as taken. 11. PUBLIC COMMENTS: This item was addressed earlier this evening. A t this tim e M ayor R asco addressed the C ouncil regarding Item 12B 1. C R SO D r. Sam im y addressed the C ouncil reporting that M iam i W aterkeeper does regular m onitor ing and report s these results on the Sw im Guide App and the Florida Departm ent of Health also m onitors and report s bacteria tests results on its website. T here w as extensive discussion from C ouncil, C R SO Dr. Sam im y, the M anager, and the Attorney regarding the above item and figuring out a system fo r im pro ving com m unication and what has w orked in other com m unities. The M anager w ill report back w ith a recom m endation at the Ja nuary 23, 2024 Regular Council M eeting. A t this tim e the C lerk presented to C ouncil the pro posed 2024 Council M eeting Schedule. The fo llow ing changes w ere pro posed to the 2024 m eeting schedule: to rem ove the July 30th R egular C ouncil M eeting date and to set a tentative date of July 9th fo r a Regular Council M eeting. There w as discussion from C ouncil, the M anager, and the Attorn ey regarding the above proposed changes. It w as the consensus of C ouncil to appro ve the 2024 C ouncil M eeting schedule, as am ended. 12 . REPORTS AND RECOMMENDATIONS: The fo llow ing item s w ere discussed: V illage M anager. D irector C allero s Gauger addressed the Council reporting on monum ent signage. There w as discussion fr om C ouncil, Director C allero s Gauger, and the Attorn ey regarding the above item . It w as the consensus of C ouncil not to enfo rce the current m onum ent signage code and fo r the M anager and D irector C allero s Gauger to m eet w ith Vice M ayor M cCorm ick, and C ouncilm em bers M oss and C aplan as a C omm ittee and com e fo rward w ith recom m ended regulations at a fu ture date to be determ ined. D irector H offerbert h addressed the C ouncil reporting on a status update fo r Iguana Pest Contro l and report ed that M iam i-D ade C ounty is putting out a bid in order to address iguana rem oval as w ell. D irector C angas addressed the C ouncil reporting on an update fo r the Im m ediate Flood Control Project: Im m ediate flood contro ls on Areas C and E are com pleted, w ork is being done on Areas 8of9 December I 2, 2023 A and B, all the concrete work is finished and the milling resurfacing should be starting this week. The project is on track to finish on time by the end of January 2025. Mayor and Councilmembers: These items were addressed earlier in the evening. Village Attorney. The Attorney did not submit a report. Village Clerk. This item was addressed earlier in the evening. 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: S)o~ C ~o~ Jocelyn B. Koch Village Clerk Approved this 13th day of __ .Estuuus: 2024: 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. 9of9