Regular Council Meeting October 11, 2022 - Oct 11, 2022 (Agenda)

Village Council Michael W. Davey, Mayor Brett G. Moss, Vice Mayor Franklin H. Caplan Luis Lauredo Edward London Allison McCormick Ignacio J. Segurola 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. BRIEF COMMENTS BY COUNCIL 5. PUBLIC COMMENTS: REGULAR COUNCIL MEETING TUESDAY, OCTOBER 11, 2022 6:00 PM PASTOR DENNIS EASTLING KEY BISCAYNE COMMUNITY CHURCH There is a (3) minute time limit for each speaker during public comments. Your cooperation is appreciated in observing the (3) minute rule. If you have a matter you would like to discuss during public comments, a request form is available at the entrance of the Council Chamber, please fill-it in and return it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium. Or if you are joining the meeting remotely, please dial any of the following Zoom numbers, US: +1 (312) 626-6799 or +1 (929) 205-6099 or +1 (301) 715-8592, and enter the Zoom Meeting ID: 231 627 8415, followed by #. There is no participant ID. Press # again. Please press *9 to “raise your hand” which places you in a queue to speak. You will be called upon by the last three digits of your telephone number when it is your turn to speak. When called upon, please press *6 to unmute yourself. PLEASE STATE YOUR NAME, ADDRESS, IF YOU ARE A HIRED CONSULTANT OR VILLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIVITIES AND/OR REPRESENTING AN ORGANIZATION FOR THE RECORD. October 11, 2022 www.keybiscayne.fl.gov 1 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

6. AGENDA: 7. SPECIAL PRESENTATIONS: 7.A. VISION BOARD PRESENTATION GIVEN BY VISION BOARD CHAIR MARIO GARCIA-SERRA 7.B. PROCLAMATION: RECOGNITION OF VILLAGE-WIDE CLEAN-UP EFFORTS BY HELENA ITURRALDE (VILLAGE COUNCIL) 7.C. RICKENBACKER CAUSEWAY CONCEPT PLAN PRESENTATION (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 8. CONSENT AGENDA: 8.A. AUGUST 24, 2022 MINUTES (REGULAR COUNCIL MEETING) 8.B. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A MUNICIPAL PLANNING MATCHING GRANT AWARD IN AN AMOUNT OF $90,000 FROM THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION (TPO) FOR THE CRANDON BOULEVARD SAFETY AND MOBILITY STUDY AND APPROVING AN AGREEMENT RELATED TO THE SAME; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (PUBLIC WORKS DIRECTOR JAKE OZYMAN) 8.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING MEMORANDUM OF AGREEMENTS WITH THE CITY OF MIAMI FOR URBAN AREA SECURITY INITIATIVES (UASI) FY 2020 AND FY 2021; PROVIDING FOR AUTHORIZATION; PROVIDING APPROVAL/DEFERRALS/ADDITIONS/DELETIONS/SUBSTITUTIONS/WITHDRAWALS (Consent agenda items are those which are routine, do not require discussion or explanation prior to Village Council action, or have already been discussed and/or explained and do not require further discussion or explanation. Items can be removed from the consent agenda by the request on an individual Councilmember for independent consideration provided such request is made during the approval/deferrals/additions/deletions/substitutions/withdrawals segment of the meeting, prior to the vote on the consent agenda.) TAB 1 RECOMMENDATION: Approval TAB 2 October 11, 2022 www.keybiscayne.fl.gov 2 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

FOR AN EFFECTIVE DATE. (FIRE RESCUE CHIEF ERIC LANG) 8.D. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ADOPTING A PROGRAM FOR PUBLIC INFORMATION (PPI) REPORT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILIDNG, PLANNING AND ZONING DIRECTOR JEREMY CALLEROS GAUGER) 8.E. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING THE REAL PROPERTY LOCATED AT 530 CRANDON BOULEVARD, KEY BISCAYNE, FL 33149, IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 24-4232-001-0050, AS A BROWNFIELD AREA PURSUANT TO SECTION 376.80(2)(A), FLORIDA STATUTES, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING THE VILLAGE CLERK TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MIAMI-DADE COUNTY OF SAID DESIGNATION; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A BROWNFIELD SITE REHABILITATION AGREEMENT WITH MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ALL OTHER PURPOSES. (PARKS, RECREATION AND OPEN SPACES DIRECTOR TODD HOFFERBERTH) 9. ORDINANCES: (NOT LATER THAN 7:30 P.M.) 9.A. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-197 OF ARTICLE VIII, SIGNS, OF CHAPTER 30 OF THE VILLAGE CODE OF ORDINANCES RELATING TO THE PLACEMENT OF SIGNS ON DECORATIVE ARCHITECTURAL FEATURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) RECOMMENDATION: Approval TAB 3 RECOMMENDATION: Approval TAB 4 RECOMMENDATION: Approval TAB 5 October 11, 2022 www.keybiscayne.fl.gov 3 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

9.B. 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 30-112 "SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS," RELATING TO OUTDOOR DINING REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 9.C. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, ZONING AND LAND DEVELOPMENT REGULATIONS OF THE VILLAGE CODE OF ORDINANCES, BY COMPREHENSIVELY AMENDING, CREATING, AND UPDATING REGULATIONS RELATING TO BICYCLE AND GOLF CART REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 10. RESOLUTIONS: 10.A. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST TO ALLOW 26 PARKING SPACES WHERE 219 ARE REQUIRED ON PROPERTY LOCATED AT 299 CRANDON BOULEVARD; PROVIDING FOR FINDINGS; PROVIDING FOR APPROVAL; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) (QUASI-JUDICIAL PUBLIC HEARING) RECOMMENDATION: Approval (SECOND READING) TAB 6 RECOMMENDATION: Approval (SECOND READING) TAB 7 RECOMMENDATION: Approval (SECOND READING) TAB 8 RECOMMENDATION: Approval October 11, 2022 www.keybiscayne.fl.gov 4 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

10.B. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST TO WAIVE, IN PART, THE REQUIRED 5 FOOT REAR SETBACK TO PERMIT THREE (3) GOLF CART PARKING SPACES ON PROPERTY LOCATED AT 299 CRANDON BOULEVARD; PROVIDING FOR FINDINGS; PROVIDING FOR APPROVAL; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) (QUASI-JUDICIAL PUBLIC HEARING) 10.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SITE PLAN FOR A TWO-STORY LIBRARY CONSISTING OF 19,353 SQUARE FEET LOCATED AT 299 CRANDON BOULEVARD; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. (MIAMI DADE COUNTY LIBRARY DIRECTOR RAY BAKER AND BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) (QUASI-JUDICIAL PUBLIC HEARING) 10.D. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT WITH EDDIE LOPEZ TECHNOLOGIES, LLC D/B/A SOP TECHNOLOGIES FOR INSTALLATION AND MAINTENANCE OF UNDER- GRATE FILTER UNITS AND CURB INLET FILTERS AT THE K-8 ELEMENTARY SCHOOL BASIN IN AN AMOUNT NOT TO EXCEED $86,976; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) TAB 9 RECOMMENDATION: Approval TAB 10 RECOMMENDATION: Approval TAB 11 RECOMMENDATION: Approval TAB 12 October 11, 2022 www.keybiscayne.fl.gov 5 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

10.E. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT WITH ABTECH INDUSTRIES, INC. FOR INSTALLATION AND MAINTENANCE OF ULTRA-URBAN® FILTERS IN CATCH BASINS AT THE K-8 ELEMENTARY SCHOOL BASIN IN AN AMOUNT NOT TO EXCEED $123,500; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) 10.F. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO MOFFATT & NICHOL, INC. FOR PERMITTING ASSISTANCE SERVICES FOR THE RENEWAL OF THE VILLAGE’S BEACH RENOURISHMENT PROJECT PERMITS FROM THE UNITED STATES ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), AND THE MIAMI-DADE COUNTY DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) IN AN AMOUNT NOT TO EXCEED $112,327; AND PROVIDING FOR AN EFFECTIVE DATE. (CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) 10.G. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A FIRST AMENDMENT TO THE LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH SFM SERVICES, INC. TO MODIFY COMPENSATION IN AN AMOUNT NOT TO EXCEED $69,854.77; AND PROVIDING FOR AN EFFECTIVE DATE. (PUBLIC WORKS DIRECTOR JAKE OZYMAN) 11. PUBLIC COMMENTS: RECOMMENDATION: Approval TAB 13 RECOMMENDATION: Approval TAB 14 RECOMMENDATION: Approval TAB 15 There is a (3) minute time limit for each speaker during public comments. Your cooperation is appreciated in observing the (3) minute rule. If you have a matter you would like to discuss during public comments, a request form is available at the entrance of the Council Chamber, please fill-it in and return it to the Village Clerk prior to the start of the meeting. When your name is called, October 11, 2022 www.keybiscayne.fl.gov 6 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

please come forward to the podium. Or if you are joining the meeting remotely, please dial any of the following Zoom numbers, US: +1 (312) 626-6799 or +1 (929) 205-6099 or +1 (301) 715-8592, and enter the Zoom Meeting ID: 231 627 8415, followed by #. There is no participant ID. Press # again. Please press *9 to “raise your hand” which places you in a queue to speak. You will be called upon by the last three digits of your telephone number when it is your turn to speak. When called upon, please press *6 to unmute yourself. PLEASE STATE YOUR NAME, ADDRESS, IF YOU ARE A HIRED CONSULTANT OR VILLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIVITIES AND/OR REPRESENTING AN ORGANIZATION FOR THE RECORD. A. VILLAGE MANAGER (NOT LATER THAN 8:00 P.M.) MANAGER'S REPORT TAB 16 1.) SAFE AND SECURE VILLAGE A. SCOOT SAFE CAMPAIGN UPDATE (CHIEF OF POLICE FRANK SOUSA) 2.) THRIVING AND VIBRANT LOCAL COMMUNITY AND MARKETPLACE A. BUILDING RECERTIFICATION AND FIRE LIFE SAFETY UPDATE (BUILDING OFFICIAL RENE VELAZCO) B. ANNUAL FLOOD PLAIN REPORT (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 3.) ENGAGING AND ACTIVE PUBLIC SPACES AND PROGRAMS NO UPDATES TO REPORT 4.) ACCESSIBLE, CONNECTED AND MOBILE VILLAGE-WIDE TRANSPORTATION A. FREEBEE AND TPO SMART PLAN PROGRAM UPDATE (CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) B. BEACH OPERATIONS AND MAINTENANCE: ACCESS TO EASEMENTS (CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) 5.) RESILIENT AND SUSTAINABLE ENVIRONMENT AND INFRASTRUCTURE A. SEAWALL ORDINANCE AND LIVING SHORELINE UPDATE (CHIEF RESILIENCE AND SUSTAINABILITY OFFICER DR. ROLAND SAMIMY) October 11, 2022 www.keybiscayne.fl.gov 7 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

12. OTHER BUSINESS/GENERAL DISCUSSION 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: 6.) EFFECTIVE AND EFFICIENT GOVERNMENT SERVICES A. CLEARGOV IMPLEMENTATION UPDATE (CHIEF FINANCIAL OFFICER BENJAMIN NUSSBAUM) B. CAPITAL IMPROVEMENT UPDATE (CIP AND GRANTS MANAGER COLLEEN BLANK) B. MAYOR AND COUNCILMEMBERS A. NOISE ORDINANCE (COUNCILMEMBER LONDON) B. MOTION TO APPROVE A DONATION OF $1,000 TO THE 200 CLUB FOR FUNDS TO BE USED FOR FALLEN FIRST RESPONDERS (MAYOR DAVEY) WWW.200CLUBMIAMI.ORG C. DISCUSSION ON PROVIDING ASSISTANCE TO KEY BISCAYNE FIRST RESPONDERS FOR THEIR EFFORTS ASSISTING WITH HURRICANE IAN RECOVERY (MAYOR DAVEY) D. EXCEPTION FOR RUGBY PROGRAM FOR ONE YEAR (MAYOR DAVEY) E. EXCEPTION FOR FIELD HOCKEY PROGRAM FOR ONE YEAR (MAYOR DAVEY) F. RECOMMENDATION TO NEXT COUNCIL ON ORDINANCE TO LIST SPECIFIC ZONING ISSUES TO BE SENT TO REFERENDUM (MAYOR DAVEY) G. FINAL THOUGHTS FROM COUNCIL (MAYOR DAVEY) C. VILLAGE ATTORNEY D. VILLAGE CLERK A. CERTIFICATION OF PRIMARY ELECTION RESULTS TAB 17 October 11, 2022 www.keybiscayne.fl.gov 8 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

14. ADJOURNMENT A. KEY BISCAYNE MUNICIPAL ELECTION TUESDAY, NOVEMBER 8, 2022, 7:00 A.M. TO 7:00 P.M., GYMNASIUM, KEY BISCAYNE COMMUNITY CENTER B. INSTALLATION CEREMONY/STATE OF THE VILLAGE THURSDAY, NOVEMBER 17, 2022, 7:00 P.M., COMMUNITY CENTER C. REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 29, 2022, 6:00 P.M., COUNCIL CHAMBER D. REGULAR COUNCIL MEETING TUESDAY, DECEMBER 13, 2022, 6:00 P.M., COUNCIL CHAMBER I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. 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 (F.S.286.0105). IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2- 11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK’S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE. October 11, 2022 www.keybiscayne.fl.gov 9 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.