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
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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.
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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
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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
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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
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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
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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 .
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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.
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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.
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