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HomeMy Public PortalAbout01-23-24 Regular Council MeetingMINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 23, 2024 COUNCIL CHAMBER 560 CRANDON BOULEY ARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:35 p.m. Present were Councilmembers Franklin H. Caplan, Edward London, Brett G. Moss, Oscar Sardinas, Fernando A. Vazquez, 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: Mayor Rasco led the Pledge of Allegiance. 3. INVOCATION: Reverend Mandy Brady with St. Christopher's-by-the-Sea gave an invocation. 4. BRIEF COMMENTS BY COUNCIL: Councilmember Caplan addressed the Council regarding attending an upcoming Florida Regional Planning Council Association Meeting and thus will not be able to attend the Army Corps of Engineers event and Mayor Rasco addressed the public announcing the evening's agenda does not have an item regarding spending $331 million for the Village's stormwater system, only an item on spending $4.1 million for the K-8 basin design. Mayor Rasco also announced this initial pilot project is estimated to take more than 12 months to design and the construction may take up to 2 years. If this project is successful in its objective to improve storm water drainage, future Councils will have to vote and approve to execute similar design engineering plans across the island. This is a 1 0-to-15-year program whose costs will be shared by many residents over the next 20-to-30-years. 5. PUBLIC COMMENTS: The following residents addressed the Council: Patricia Romano, 361 Beechwood Drive; Jorge Mendia, 11 Island Drive; Betty Conroy, 785 Crandon Boulevard; Tatyana Chiocchetti with the Key Biscayne Chamber of Commerce, 88 West McIntyre Street; Gene Stearns, 250 Cape Florida Drive; Vivianna Franchy with Berkshire Hathaway, 141 Crandon Boulevard; Vivian Galego-Mendez with Berkshire Hathaway, 161 Crandon Boulevard; Steve Powel, 441 Island Drive; Mayra Lindsay, 365 Westwood Drive; Michael Henderson, 482 Hampton Lane; Carlos de la Cruz Jr., 460 South Mashta Drive; Frances Reaves, 251 Crandon January 23, 2024 Boulevard; Luis de la Cruz, 640 Allendale Road; Alan Fein, 525 Allendale Road; Steve Simon, 335 Harbor Lane and Mike Davey, 50 Ocean Lane Drive. 6. AGENDA: Mayor Rasco requested the hear Item 1 OH before Item 1 0A and to hear Item 1 OD after Item 1 0G. The Clerk requested to defer Item 8A to the next Regular Council Meeting. There was discussion from Council and the Manager regarding the agenda changes and possibly deferring Item 1 0C. It was the consensus of Council not to defer Item lOC. There was no objection to the agenda changes. 7. SPECIAL PRESENTATIONS: There were no presentations given. 8. CONSENT AGENDA: There were no items on the consent agenda. 9. ORD INANCES: The Clerk read the following ordinance on second reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING EASTMAN AGGRE GATE 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 second reading. The motion was seconded by Councilmember Caplan. Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding the above resolution and that the reconstruction of the beach would begin approximately the first week of March 2024. Councilmember Moss addressed the Council regarding that CRSO Dr. Samimy had confirmed that the cost of the additional sand, which had been lost in the December 2023 storm, can be included in the ordinance since the total amount is within the not to exceed price. 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 second reading, by title: AN ORD INANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 2023-12 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR 2023- 2024 BY RE VISING THE 2023-2024 FISCAL YEAR BUDGET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FORAN EFFECTIVE DATE. 2 of9 January 23, 20 24 C ouncilm em ber M oss m ade a m otion to adopt the ordinance on second reading. The m otion was seconded by C ouncilm em ber C aplan. C IP and G ra nts M anager C olleen Blank addressed the C ouncil regarding the above item . There w as discussion fr om Council regarding the above item . T he M ayor opened the public hearing. There w ere no speakers present. The M ayor cl osed the public hearing. The ordinance w as adopted on second reading by a 7-0 ro ll call vote. The vote w as as fo llow s: C ouncilm em bers C aplan, London, M oss, Sardinas, Vazquez, Vice M ayor M cCorm ick, and M ayor R asco voting Y es. The C lerk read the fo llow ing ordinance on second reading, by title: AN ORDINANCE 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. C ouncilm em ber C aplan m ade a m otion to adopt the ordinance on second reading. The m otion w as seconded by C ouncilm em ber M oss. T he M ayor opened the public hearing. There were no speakers present. The M ayor cl osed the public hearing. The A ttorn ey addressed the C ouncil reporting on what can be elim inated or am ended under Florida State law regarding golf cart driving requirem ents. There w as discussion from Council and the Attorn ey regarding the above item. V ice M ayor M cC orm ick m ade a m otion to am end the ordinance to require a driver's license fo r 18 years of age and older drivers and that a driver w ith a learn er's perm it adheres to the sam e requirem ents fo r driving a car. The m otion was seconded by Councilm em ber Caplan. The A ttorn ey addressed the Council stating the am endm ent would be to m odify the ordinance to rem ove those w ho are 18 years of age or older who possess a valid fo rm of a govern m ent issued photogra phic identifi cation fr om being allow ed to drive a golf cart and add the statutory reference that driving a golf cart w ith a learn er's perm it w ould still have to com ply w ith the typical requirem ents sim ilar to driving a vehicl e. It was the consensus of Council to appro ve the above am endm ents and fo r the A ttorn ey to add a refe rence on the requirem ents for learn er's perm its. The ordinance, as am ended, w as adopted on second reading by a 6-1 roll call vote. The vote was as fo llow s: C ouncilm em bers Caplan, M oss, Sardinas, Vazquez, Vice M ayor M cCorm ick, and 3 of9 January 23, 20 24 Mayor Rasco voting Yes. Councilmember London voting No. The Clerk read the following ordinance on first reading, by title: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF TWO BRAUN AMBULANCES FROM TEN-8 FIRE & SAFETY, LLC IN AN AMOUNT NOT TO EXCEED $586,191 PER AMBULANCE; PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; DECLARING CERTAIN FIRE RESCUE EQUIPMENT AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Caplan and 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. 10. RESOLUTIONS: 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 KEY BISCAYNE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 3638, FOR THE BARGAINING UNIT CONSISTING OF THE VILLAGE'S FIREFIGHTERS/PARAMEDICS, DRIVER ENGINEERS, FIRE LIEUTENANTS, AND THE BARGAINING UNIT CONSISTING OF THE FIRE CAPTAINS; 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 Sardinas. Fire Rescue Chief Eric Lang and the Manager addressed the Council regarding the above item. The resolution 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 RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM MATCHING GRANT IN AN AMOUNT OF $450,000 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE VILLAGE'S 4 of9 January 23, 2024 BEACH RENOURISHMENT PROJECT AND APPROVING A GRANT AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Councilmember Caplan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Caplan, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. Councilmember London 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, APPROVING AMENDMENT NO. 1 TO THE BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE VILLAGE'S BEACH RENOURISHMENT PROJECT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. The motion was seconded by Councilmember Caplan and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Caplan, London, Moss, Sardinas, Vazquez, Vice Mayor McCormick, and Mayor Rasco voting Yes. Council member London 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 AECOM TECHNICAL SERVICES, INC. TO COMPLETE FULL DESIGN OF THE K-8 SCHOOL STORMWATER DRAINAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $4,140,738; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Vice Mayor McCormick. The Manager and CRSO Dr. Samimy addressed the Council presenting a historical timeline of the Village's stormwater system and that this resolution would be the next step in order to complete 100% design on one of the 8 stormwater zones. In the January 10th RIAP Council Workshop, the recommendation was to move forward with a design on the K-8 Zone that is focused on a pumping rate of 2 inches per hour that would generate about 6 inches above the crown of the road for a period of time generally less than 6 hours. There was extensive discussion from Council, CRSO Dr. Samimy, and the Manager regarding the above resolution, friction loss in pipes, trenchless technologies, and horizontal directional drilling. AECOM Engineers Tom McGowan with Erik Alcantara addressed the Council regarding the above items, pump stations, pumping rates, and size of pipes. AECOM would need to know by May 2024 approximately what sort of discharge capacity the Village has been able to secure for 5 of9 January 23, 20 24 Zone 1. Councilmember Moss presented a chart analyzing the K-8 Zone Stormwater System. There was additional extensive discussion from Council, the Manager, the Attorney, and Mr. McGowan regarding the above items, AECOM's contract pricing, emergency vehicles pass ability through stormwater on the streets, easement agreements, and having an adaptable stormwater system. Councilmember London made a motion to amend the resolution where the Manager is authorized to issue a work order except for any items relating to pump system size, force mains, and the outfalls. The motion was seconded by Councilmember Moss. The Attorney addressed the Council clarifying that the amendment is to adopt the resolution, as amended, that the Manager is authorized to issue a work order except for any items relating to the pump system size, force mains, and outfalls and that the Manager is committed to report back before Council in 60 days for a workshop. The resolution, as amended, was approved 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 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 BUILDING DEPARTMENT CUSTOMER SERVICE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $68,000; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Mayor Rasco. There was discussion from Council and Building, Zoning and Planning Director Jeremy Calleros Gauger regarding the above item. The resolution 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 TO EXCEED $128,015; DECLARING THE EXISTING TELEHANDLER AS SURPLUS 6 of9 January 23, 2024 PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C ouncilm em ber C aplan m ade a m otion to appro ve the resolution. The m otion was seconded by C ouncilm em ber V azquez. There w as discussion from C ouncil, Public W orks Director Cairo Cangas, and the M anager regarding the above item . The resolution w as appro ved by a 6-1 voice vote. The vote was as follow s: Councilm embers C aplan, M oss, Sardinas, V azquez, Vice M ayor M cCorm ick, and M ayor Rasco voting Yes. C ouncilm em ber London voting N o. The C lerk read the fo llow ing resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONFIRMING THAT NO VILLAGE-OWNED PROPERTY IS SUITABLE FOR USE AS AFFORDABLE HOUSING PURSUANT TO SECTION 166.0451, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. C ouncilm em ber C aplan m ade a m otion to appro ve the resolution. The motion w as seconded by C ouncilm em ber V azquez. D irector C allero s G auger addressed the C ouncil regarding the above item . The M ayor opened the public hearing. There w ere no speakers present. The M ayor cl osed the public hearing. The resolution w as appro ved by a 7-0 ro ll call vote. The vote was as follow s: Councilm em bers C aplan, London, M oss, Sardinas, Vazquez, Vice M ayor M cCorm ick, and M ayor Rasco voting Y es. T he C lerk read the fo llow ing resolution by title: ARESOLUTION OFTHE VILLAGE COUNCILOFTHE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING VARIOUS CATERING CONTRACTORS FOR THE COMMUNITY CENTER SENIOR LUNCHEONS AND VILLAGE CATERING SERVICES PURSUANT TO REQUEST FOR PROPOSAL (RFP) 2023-18; PROVIDING FOR AUTHORIZATION; AND PROVIDING FORAN EFFECTIVE DATE. C ouncilm em ber M oss m ade a m otion to appro ve the resolution. The motion w as seconded by C ouncilm em ber C aplan. Parks, R ecreation and O pen Spaces Director Todd Hofferberth and the M anager addressed the C ouncil regarding the above item . 7 of9 January 23, 20 24 The resolution 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. 11. PUBLIC COMMENTS: At this time there was discussion from Council and the Attorney regarding the second Public Comments section in the agenda. Vice Mayor McCormick made a motion to eliminate the second Public Comments from the agendas. The motion was seconded by Councilmember Vazquez. It was the consensus of Council to eliminate the second Public Comments section from future Council Meeting agendas. 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Manager's Report was submitted in the agenda. Mayor and Councilmembers. Mayor Rasco addressed the Council regarding a request for the Manager to complete an anonymous customer survey for the Building, Zoning and Planning Department's permitting process which would need to be categorized by customer and is to be funded by the Building Department's reserve fund. There was discussion from Council, Director Calleros Gauger, and the Manager regarding the above item, receiving valuable feedback on the survey, and for the administration to report back on the results within 120 days. Village Attorney. The Attorney addressed the Council regarding the new financial disclosure requirement, Form 6. There was discussion from Council and the Attorney regarding the above item. At this time the Attorney read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS OF SECTION 112.3144(1)(d), FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS UNCONSTITUTIONAL AND INVALID; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Moss made a motion to approve the resolution. 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. Village Clerk. The Clerk did not submit a report. 8 of9 January 23, 2024 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~oc.,h Village Clerk Approved this~~~==-- ..... _...;;.Mi==ar"""c=h 2024: 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 JS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9of9