HomeMy Public PortalAbout04-28-20 V Regular Council Meeting.pdfMINUTES
VIRTUAL REGULAR COUNCIL MEETING
TUESDAY, APRIL 28,2020
6:00 P.M.
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The Mayor called the meeting to
order at 6:00 p.m. Present were Councilmembers Luis Lauredo, Edward London, Allison
McCormick, Katie Petros, Ignacio J. Segurola, Vice Mayor Brett Moss and Mayor Michael W.
Davey. Also present were Village Manager Andrea Agha,Interim Village Clerk Peter J. Kulpa
and Village Attorney Chad Friedman.
2. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance.
3. BRIEF COMMENTS BY COUNCIL: Mayor Davey stated that this was the Council's
third virtual ZOO}I4 Meeting and Councilmembers and staff had their video working. The Mayor
also stated that Emergency Order 2l-20 was issued by the County opening parks and some other
recreational areas not including beaches and that there has been a consistency between the Mayors
of beach communities to open up beaches as a united front. Councilmember Lauredo addressed
the Council with the fact that the Crandon Park Golf Course will also be opening. Councilmember
Petros addressed the Mayor inquiring if there was any news on the opening of the walking paths
on the East side of Crandon Park to which the Mayor stated that was one of the priorities of the
Park Manager and the County will get back to him when there is more information.
Councilmember Lauredo addressed the Council recognizing all essential employees working not
only in healthcare but also in the food service, logistics and other services. Councilmember Petros
spoke to the need to keep our local post office open and serving this community. Councilmember
McCormick addressed the Council regarding the need for recognition of our island residents for
keeping infection rates so low compared to other communities in the area.
4. AGENDA: Councilmember Segurola requested the addition of two discussion items
regarding Village business support fund and task force along with a Village quarantine exit plan
and timetable.
Mayor Davey requested the addition of a discussion item regarding Village communications and
the digital entry sign.
Councilmember London requested the addition of a discussion regarding a possible amendment to
an emergency order on condominium construction.
Page l of 6
April 28, 2020
Councilmember Petros requested the combination of newly added discussion items 1246 and
12A8. The Village quarantine exit plan and amending the Emergency Order regarding
condominium construction.
The Manager requested the removal of item 11B and moving of item l2D4to directly after I2DL
There was no objection to the agenda changes.
5. PUBLIC COMMENTS: The following persons addressed the Council: Alen Fein, 525
Allendale Drive; Michelle Estevez, 798 Crandon Boulevard; Sam Schrager, 607 Ocean Drive;
Sharyn Brotz,77 Crandon Boulevard; Mike Schmale, 455 Ridgewood Road and Mari Gutierrez,
785 Crandon Boulevard.
6. APPROVAL OF MINUTES: Councilmember Lauredo made a motion to approve the
minutes from the February Il, 2020, April 2, 2020 and, April 7, 2020 Council Meetings. The
motion was seconded by Mayor Davey and approved by a 7-0 roll call vote. The vote was as
follows: Councilmembers Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and
Mayor Davey voting Yes.
7- BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public
hearing were sworn in by the Clerk.
Councilmember London made a motion to approve the site plan. The motion was seconded by
Councilmember Lauredo.
Public hearing number SP 29. RV 40. The applicant, the Most Revered Thomas G. Wenski
Archbishop of the Archdiocese of Miami is requesting approval of a site plan of a one story 20,494
square ft. Church, a one story 12,203 square foot gymnasium, a two story 5,527 square foot
classroom building, and related site improvements at 100 Harbor Drive along with the approval of
the following variances:
a. Porte cochere front setback: Approval of a variance to construct a porte cochere with
encroachment of 30'1 1" into a required 50 ft. front setback;
b. Building height: Approval of a variance to exceed the maximum height limit of 35 ft. by
seven ft. in order to construct a church with a 42 ft.heightto top of beam;
c. Rooftop accessory height limit: Approval of a variance to excee d 35% height extension
limit of I2'3" above the district height limit of 35 ft. for rooftop amenities, i.e. 4'7'3" limit above
BFE, by 23'2" in order to construct a belfry topped by an 8'2" cross totaling 70'5" above base
flood elevation 11'0" NGVD;
d. Floor area ratio: Approval of a variance to excee d 25% maximum floor area ratio by I5%o
in order to construct buildings totaling 40% inclusive of volume space square footage;
e. Parking lot front setback: Approval of a variance to waive four ft. of the requiredT'6"
parking lot front setback in order to provide parking spaces 3'6" from the front Harbor Drive
property line;
2of6
April 28, 2020
f. Parking lot rear setback: Approval of a variance to waive five ft. of the required I 0 ft. rear
setback in order to provide a parking lot 5 ft. from the rear property line adjacent to Crandon Park;
g. Parking aisle front setback: Approval of a variance to waive four ft. of the required five ft.
front setback in order to provide a parking aisle adjacent to the porte cochere tapering to a
minimum of one ft. from the front property line;
Following was an extensive prerecorded presentation by the BZP Plan Reviewer William Fehr
with the recommendation of approving the site plan and the seven variances.
Mario Garcia Serra, the attomey representing St. Agnes presented to the Council an extensive
prerecorded presentation. A question and answer session ensued directly after the presentation.
The Mayor opened the public hearing. Arthur Brito, 77 CrandonBoulevard; Sylvia Tarafa,
660 Ocean Drive; Michelle Estevez, 798 Crandon Boulevard; Robert Yemon, 475
Ridgewood Road; Geraldo Veraboldi, 7l Crandon Boulevard; Ana Rasco, 310 W. Heather
Drive; Joe Rasco, 310 W. Heather Drive; Ernesto Alvarez,26l Island Drive; Nichole
Aldridge, 210 Harbor Drive; Pastor Dennis Eastling, 355 Glenridge Road and Tim
Stickney, 285 Woodcrest Road. The Mayor closed the public hearing.
Mayor Davey requested more informationrcgarding the traffic plan for the site. Erik Szynaski,
with the Corradino Group, gave adetailed explanation on the traffic plan. Councilmember Petros
expressed her concerns on the height variance for the property and possible negative impacts to
the surrounding properties. There was extensive discussion from Council on the site plan
approval.
Councilmember Lauredo made a motion to approve variance 1. The motion was seconded by
Vice Mayor Moss and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers
Petros, Lauredo, London, McCormick, Vice Mayor Moss and Mayor Davey voting Yes.
Councilmember Segurola voting No.
Councilmember Lauredo made a motion to approve variance 2. The motion was seconded by
Mayor Davey and approved by a 5-2 roll call vote. The vote was as follows. Councilmembers
Lauredo, London, McCormick, Vice Mayor Moss and Mayor Davey voting Yes.
Councilmembers Segurola and Petros voting No.
Councilmember Lauredo made a motion to approve variance 3. The motion was seconded by
Councilmember London and approved by a 6-1 roll call vote. The vote was as follows:
Councilmembers Petros, Lauredo, London, McCormick, Vice Mayor Moss and Mayor Davey
voting Yes. Councilmember Segurola voting No.
Councilmember Lauredo made a motion to approve variance 4. The motion was seconded by
Mayor Davey and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers
Petros, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting
Yes.
Councilmember Lauredo made a motion to approve variance 5. The motion was seconded by
Mayor Davey and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers
3of6
8
9
April 28, 2020
Petros, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting
Yes.
Councilmember Lauredo made a motion to approve variance 6. The motion was seconded by
Councilmember McCormick and approved by a7-0 roll call vote. The vote was as follows:
Councilmembers Petros, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor
Davey voting Yes.
Councilmember Lauredo made a motion to approve variance 7. The motion was seconded by
Vice Mayor Moss and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers
Petros, Lauredo, London, McCormick, Segurola, Vice Mayor Moss and Mayor Davey voting
Yes.
Councilmember Lauredo made a motion to approve the site plan. The motion was seconded by
Councilmember London and approved by a 64, roll call vote. The vote was as follows:
Councilmembers Petros, Lauredo, London, McCormick, Vice Mayor Moss and Mayor Davey
voting Yes. Councilmember Segurola voting No.
ORDINANCES: There were no ordinances considered by Council.
RESOLUTIONS: The Clerk read the following resolution by title.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONFIRMING EMERGENCY EXPENDITURES RELATING
TO THE NOVEL CORONAVIRUS/COVID-19; PROVIDING FOR RATIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Petros.
The Manager addressed the Council acknowledging Village staff through this difficult time. The
Manager reported that two new emergency orders have been issued. Emergency Order 20-6
requiring facial coverings within the Village and Emergency Order 20-7 restricting non-motorized
vehicular travel within the Village boundaries.
The Manager introduced Dr. Kumar from the University of Miami and stated that he is available
to answer any questions Council may have. The Manager continued with a report on expenditures
related to covlD-l9.
Chief of Police Charles Press gave ashort update on strategies, enforcement and expenditures with
regards to COVID-19 and recognized his department on their effort and moral while dealing with
COVID-l9. There was a question and answer session between Council and Chief Press.
Chief of Fire Rescue, Eric Lang, addressed the Council on how his department is handling the
COVID-l9 situation. Chief Lang reported that one of the largest issues is that people are not
calling 911 for large lifechanging reversable conditions and that may end in a tragedy. Chief Lang
stated that two of his staff have tested negative for COVID-l9 even after showing symptoms.
There was a question and answer session between the Council and Chief Lang.
4of6
April 28, 202A
There was an extensive discussion from Council the resolution specifically on the University of
Miami testing and research program for COVID-19. At this point Dr. Kumar answered questions
from Council.
Vice Mayor Moss made a motion to have the Key Biscayne Community Foundation continue
testing, including anyone with symptoms, up to 500 tests and we will reimburse the Foundation.
The motion was seconded by Councilmember London and failed by a3-4 roll call vote. The vote
was as follows. Councilmembers McCormick, London and Vice Mayor Moss voting Yes.
Councilmembers Lauredo, Petros, Segurola and Mayor Davey voting No.
Mayor Davey made a motion to adopt the testing strategy proposed by the Manager's Office. The
motion was seconded by Councilmember Lauredo.
There was extensive discussion from Council on the details of the motion. A friendly amendment
was made by Councilmember McCormick to pull the UM part for a separate vote.
Dr. Kumar along with the Manager addressed the Council to clarifu certain questions that Council
had regarding UM's research clause in the memo attached to the resolution.
Councilmember Petros made a friendly amendment to include the research study in the motion but
not to exceed $40,000.
The resolution, as amended, was approved by a 6-1 roll call vote. The vote was as follows:
Councilmembers Lauredo, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey
voting Yes. Councilmember London voting No.
Vice Mayor Moss made a motion to extend the meeting to 11:30 pm The motion was seconded by
Mayor Davey and approved by a 7-0 voice vote. The vote was as follows. Councilmembers
Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes.
Mayor Davey called for a Special Council Meeting for Tuesday May 5, 2020 at 6:00 pm.
The Manager gave a presentation on the opening procedures and upcoming emergency orders.
There was extensive discussion from Council on the reopening of the Village and specifically to
the reopening of the beaches and tennis courts.
Councilmember Segurola made a motion to reopen the beaches and the tennis courts on Key
Biscayne following Miami Dade County's lifting of restrictions and timing on the discretion of the
condominium associations but not to be more restrictive. The motion was seconded by Mayor
Davey and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Lauredo,
London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting yes.
Councilmember Lauredo made a motion that when the County opens the Crandon Park Beach the
Village would follow suit. The motion was seconded by Mayor Davey and approved,by a 7-0
voice vote. The vote was as follows: Councilmembers Lauredo, London, McCormick, Petros,
Segurola, Vice Mayor Moss and Mayor Davey voting Yes.
There was extensive discussion from Council on opening the parks and multifamily building
construction.
5of6
April 28, 2020
Councilmember London made a motion to allow exterior construction of multifamily buildings
with the approval of the condominium association and as long as they abide by the rules for
construction set out by the Village during the COVID-l9 Pandemic. The motion was seconded
by Mayor Davey and approved by a7-0 roll call vote. The vote was as follows: Councilmembers
Lauredo, London, McCormick, Petros, Segurola, Vice Mayor Moss and Mayor Davey voting Yes.
10. ADJOURNMENT: The meeting was adjoumed at 11:30 p.m.
Sabmitted:
Peter
Clerk
Approved this 9il' day of_,lune /020:
Michael W. Davey
Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE
COANCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR
HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SACH PARPOSE, MAY NEED TO ENSARE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLADES THE TESTIMONY AND
EVTDENCE U?ON WHrCH THE AppEAL rS TO BE BASED (F.5.256.0105).
6of6