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Home My Public Portal About11-14-23 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 , N O V E M B E R 14 , 20 2 3 C O UN C IL C H A M B E R 56 0 C RA N D O N B O U L E Y A R D 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 (arrived at 6:36 p.m.), Brett G. Moss, Fernando A. Vazquez, Vice Mayor Franklin H. Caplan, and Mayor Joe I. Rasco. Councilmember Oscar Sardinas was absent. 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: Rabbi Avremel Caroline with Chabad of Key Biscayne gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the public recognizing the Key Biscayne Fire Department's 30 years of service to the Village; Councilmember Caplan addressed the Council announcing the Regional Planning Council may hold their holiday party on Key Biscayne this year and Councilmember McCormick addressed the public announcing early giving for Give Miami Day has started and that there are many deserving local and regional organizations. 5. PUBLIC COMMENTS: The following residents addressed the Council: Julio Diaz, 201 Crandon Boulevard; Gregory Patrick, 251 Crandon Boulevard; Andy Herrera, 250 Fernwood Road; Eduardo Von Simpson, 101 Ocean Lane Drive; Morgan Granier, 22 Grand Bay Estates Circle; Monica Ordonez, 141 Crandon Boulevard; Brice Rege-Turo, 1121 Crandon Boulevard; Lucas Jaramillo, 341 Island Drive; Pablo Torres, 1111 Crandon Boulevard; Gustavo Martinez, 360 Ocean Drive; Louisa Conway, 151 Crandon Boulevard, and Santiago Vanegas, 599 Glenridge Road. 6. AGENDA: Councilmember McCormick requested to remove Item 8C from the consent 1 oflO November 14, 2023 agenda and also requested the addition of a discussion regarding the RFP process for soccer as Item 13G; Mayor Rasco requested the addition of a discussion regarding this weekend's Country Music Festival as Item 13H, and Councilmember London requested to remove Items 8E and 8F from the consent agenda. There was no objection to the agenda changes. 7. SPECIAL PRESENTATIONS: Mayor Rasco presented a Proclamation in Recognition of the Richard L. Cromartie, American Legion Post 374 and a Proclamation in Recognition to the Key Biscayne American Legion Auxiliary Unit 374. Deputy Fire Rescue Chief Marcos Osorio gave a presentation on Lithium-ion battery safety. There was discussion from Council and Deputy Chief Osorio regarding the above proclamation. 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 6-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The minutes of the June 28, 2023 Budget Workshop. The minutes of the September 15, 2023 Special Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING MIAMI-DADE COUNTY RESOLUTION R-930-23 AND URGING THE FLORIDA LEGISLATURE TO INCREASE AND DEDICATE FUNDING FOR THE BISCAYNE BAY WATER QUALITY IMPROVEMENT GRANT PROGRAM; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A FLORIDA DIVISION OF EMERGENCY MANAGEMENT SARGASSUM GRANT IN AN AMOUNT OF $219,300 FOR SARGASSUM SEAWEED CLEAN-UP EFFORTS AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN URBAN QUALIFICATION COOPERATION AGREEMENT FOR THE MIAMI-DADE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS FOR FISCAL YEARS 2024,2025, AND 2026; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember McCormick. There was extensive discussion from Council and the Manager regarding the above resolution. The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers 2 of 10 November 14, 2023 London, McCormick, Moss, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember Vazquez voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN INTERLOCALAGREEMENT WITH MIAMI DADE COUNTY TO ALLOW THE VILLAGE OF KEY BISCAYNE TO ENFORCE CERTAIN PROVISIONS OF THE MIAMI-DADE COUNTY CODE, PURSUANT TO SECTION sec OF THE MIAMI-DADE COUNTY CODE; 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. There was discussion from Council, the Attorney, and Chief of Police Frank Sousa regarding the above resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers London, Mcf'ormick, 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, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE AND THE MIAMI-DADE STATE ATTORNEY'S OFFICE RELATING TO THE ENFORCEMENT OF HUMAN-TRAFFICKING LAWS AND PARTICIPATING IN ANTI-TRAFFICKING EFFORTS; 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 and Chief Sousa regarding the above resolution. The resolution was 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. 9. ORDINANCES: The Clerk read the following ordinance on second 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 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 3 of JO November 14, 2023 seconded by Councilmember McCormick. 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 6-0 roll call vote. The vote was as follows: Councilmembers London, McCormick, Moss, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. The Clerk read the following ordinance on second reading, by title: AN ORDINANCE O:F 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 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. 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. 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 Colleen Blank regarding the above ordinance. The ordinance was approved on first 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. 4 of 10 November 14, 2023 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO. 2022-53 TO PROVIDE FOR AN EXTENSION OF TIME FOR THE APPROVED SITE PLAN RELATING TO THE PROPERTY LOCATED AT 299 CRANDON BOULEVARD; PROVIDING FOR RATIFICATION; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor requested that Items 1 OA, 1 OB, and 1 OC be heard simultaneously. There were no objections to the request. The Clerk read the following two resolutions by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO. 2022-51 TO PROVIDE FOR AN EXTENSION OF TIME FOR THE VARIANCE ALLOWING 26 PARKING SPACES WHERE 219 ARE REQUIRED ON THE PROPERTY LOCATED AT 299 CRANDON BOULEVARD; PROVIDING FOR RATIFICATION; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO. 2022-52 TO PROVIDE FOR AN EXTENSION OF TIME FOR THE VARIANCE WAIVING, IN PART, THE REQUIRED FIVE-FOOT REAR SETBACK TO PERMIT THREE GOLF CART PARKING SPACES ON THE PROPERTY LOCATED AT 299 CRANDON BOULEVARD; PROVIDING FOR RATIFICATION; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the above three resolutions. The motion was seconded by Councilmember McCormick. Building, Zoning, and Planning Director Jeremy Calleros Gauger addressed the Council regarding the resolutions. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Miami-Dade County Public Library System Director Ray Baker addressed the Council regarding the resolutions. There was discussion from Council and MDCPLS Director Baker regarding the library project timeline. The above three resolutions were approved by a 6-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Moss, Vazquez, Vice Mayor Caplan, and Mayor Rasco 5 of 10 November 14, 2023 voting Yes. 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 A CONCESSION AGREEMENT WITH AGUAMIEL LLC FOR A FOOD AND BEVERAGE CONCESSION IN THE VILLAGE COMMUNITY CENTER; 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. 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 resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers London, McCormick, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. Councilmember Moss was 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, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO THE TAMARA PEACOCK COMPANY ARCHITECTS OF FLORIDA, INC. TO PROVIDE PROFESSIONAL DESIGN SERVICES FOR THE VILLAGE HALL OFFICES RENOVATION PROJECT IN AN AMOUNT NOT TO EXCEED $98,170; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Vazquez. BZP Director Calleros Gauger addressed the Council regarding the above resolution. There was discussion from Council, Director Calleros Gauger, the Manager, and the Attorney regarding the above resolution, WELL Building Standards, and reducing costs. Councilmember London made a motion to defer the above resolution to the next Regular Council Meeting. The motion was seconded by Vice Mayor Caplan 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: 6 of 10 November 14, 2023 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING THE VILLAGE'S 2024 LEGISLATIVE PRIORITIES; 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 extensive discussion from Council and the Manager regarding the above resolution and adding additional items to the Village's list of 2024 legislative priorities. The following additions and amendments were: (1) To have the Village lobbyists work with other lobbyists of coastal communities to change the criteria for the hardening and undergrounding of electric by the electric utilities under the Public Service Act so that the Village and other coastal communities would move up in order of priority and to have the Village lead the charge in forming a strong alliance with other coastal communities. (3) To add electric bicycle regulations and enforcement of micro mobility devices as a priority. ( 4) To add language regarding supporting the initiatives of Miami Dade County Public Schools including cost differentials and recruitment of teachers. (5) To add language regarding supporting the Florida League of Cities' priorities. (6) To have beach renourishrnent and shoreline protection grouped together in Item 4. (7) For the Council's annual planning to include and discuss adaptive uses of Crandon Park and when there is a good strategy and an actionable item, it would then be added to the list of legislative priorities. It was the consensus of Council for the Manager to add language regarding the above items to the legislative priorities list. The resolution was approved by a 6-0 voice vote, as amended. The vote was as follows: Councilmembers London, McConnick, 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, APPROVING MODIFICATIONS TO THE MODELING PARAMETERS AND LEVEL OF SERVICE STANDARDS FOR THE FOUR VILLAGE WIDE MODELING ALTERNATIVES; 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 Vazquez. Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding the above resolution. There was extensive discussion from Council, CRSO Dr. Samimy, and the Manager regarding the above resolution, water quality, estimates of costs for modeling, and funding. Councilmember Moss made a motion to amend Exhibit A xii 1 by removing option number 1 and replacing it with the following: Allow surface ponding in streets to a depth that is passible by 7 of JO November 14, 2023 emergency response vehicles for a duration not to exceed 12 hours and that is at 14 inches in depth. The motion was seconded by Councilmember McCormick. The resolution was approved by a 6-0 voice vote, as amended. The vote was as follows: Councilmembers London, McCormick, Moss, Vazquez, Vice Mayor Caplan, and Mayor Rasco voting Yes. 11. PUBLIC COMMENTS: The following resident addressed the Council: Ricky Joffre, 710 North Mashta Drive. At this time pursuant to Section 2.02 (b) of the Village Charter, an election was held for the Vice Mayor's seat. The Attorney addressed the Council regarding nominating procedures. The Mayor opened the floor for nominations. Vice Mayor Caplan made a motion to nominate Councilmember McCormick. The motion was seconded by Councilmember Moss 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. At this time Mayor Rasco addressed the Manager regarding the RFP process for the soccer program. There was discussion from Council and the Manager regarding the above item and the Council's policy of having the administration periodically review vendor's contracts. Councilmember Moss requested to receive a copy of the soccer program's RFP. There was no objection to the request. At this time Chief Sousa addressed the Council reporting on the traffic issues from the music festival held this past weekend on Virginia Key. There was extensive discussion from Council and Chief Sousa regarding Virginia Key traffic, improving communications to notify residents, and transportation for emergencies. Chief Sousa will be meeting with Miami-Dade County regarding the above items. Also discussed were refining communications regarding peak hours of event traffic, utilizing technology and acquiring additional data for traffic patterns, and knowing when regular traffic is moving in and out of Crandon Park. At this time Mayor Rasco addressed the Council regarding creating a Unique Abilities Advisory Board. There was discussion from Council and the Manager regarding the above item. It was the consensus of Council to move forward with the creation of this board and have this item for first reading at a future Council Meeting date to be determined. At this time Councilmember Moss addressed the Council reporting on a status update for the Youth Council. The Youth Council is recruiting members and working on new programming for teens. 8of JO November 14, 2023 At this time Councilmember Moss addressed the Council regarding golf cart age limits. There was extensive discussion from Council and the Attorney regarding the above item. The Attorney will bring back an ordinance in order to align with recently amended Florida state law and report back to Council regarding learner's permit driving restrictions. At this time the Clerk presented to Council the proposed 2024 Council Meeting Schedule. There was discussion from Council and the Manager regarding the above item. It was the consensus of Council to bring back the proposed 2024 Council Meeting Schedule at the December 21st Council Meeting for a final approval with the following amendments: to change January 17th to the 23rd, for July 30th to be a tentative meeting date, to change November 12th to the 19th. Mayor Rasco requested the Council Installation Ceremony be held on November 14t11, 2024. At this time Mayor Rasco addressed the Council regarding artificial intelligence and for the administration to look at AI as much as possible for streamlining Village operations and information. There was discussion from Council regarding the above item. The Manager will report back at a future Council Meeting date to be determined on how this would happen and if there are any cost savings. Mayor Rasco addressed the Council regarding enforcement of ebikes and electric scooters. There was discussion from Council, Chief Sousa, and the Attorney regarding enforcement challenges and improved traffic flow at Mast Academy. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. At this time Fire Rescue Chief Eric Lang addressed the Council reporting on a flood advisory warning for tomorrow morning with a possible 6 to 8 inches of rain. Mayor Rasco congratulated Chief Lang on the Fire Department's 30th Anniversary and 6th Accreditation. CIP and Grants Manager Blank reported on a status update for the Immediate Flood Control and Mitigation Project. Sections C and E were completed including 32 catch basins and roughly 1 1/4 miles of road were repaved. The Crandon Boulevard project is estimated to be completed by the end of December 2023. At this time Mayor Rasco addressed the administration thanking departing Chief of Staff Jocelyne Moussavou for her service. Dr. Samimy addressed the Council reporting on a status update for the Resilient Infrastructure Adaptation Project and also reported that the Beach Renourishment is being planned for March/ April 2024 which would deposit 177,000 cubic yards of sand on the beach and would take 6 weeks to complete. AECOM is working on additional modeling and will present this to Council at the December 20th RIAP Council Workshop. 9of 10 November 14, 2023 Mayor Rasco addressed the public regarding free Thanksgiving turkeys available for needy individuals or organizations from the Miami-Dade County League of Cities and to contact him for any recommendations. Mayor and Councilmembers: These items were addressed earlier in the evening. Village Attorney. The Attorney did not submit a report. Village Clerk. These items were 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: go~ b K ce,,1----.., JocelynB.ch Village Clerk Approved this 13th day of __ Fi_e_b_r_ua_r .... v _ ~ 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