HomeMy Public PortalAbout10-26-21 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 ISC A YN E , FL O RI D A
TU E SD A Y , O C T O B E R 26, 202 1
C O UN C IL C H A M B E R
560 C RA N D O N B O U L E Y A RD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The m eetin g w as call ed to or der
by the M ayor at 6:0 1 p.m . Present w ere C ouncilm em bers Fra nk lin H. C aplan, L u is Laur edo,
A ll ison M cC orm ick, B rett G . M oss, Ignacio S eguro la, V ice M ayor Edw ard London (arr ived 6:05
p .m .) and M ayor M ichael W . D avey. A lso present w ere V ill age M anager Steven C . W illiam son,
V ill age C lerk Jo celyn B . K och and V ill age A tt orn ey C h ad Friedm an.
2. PLEDGE OF ALLEGIANCE: M ayor D avey led the Pledge of A llegiance.
A t this tim e, it w as the consensus of C ouncil to hear the fo ll ow in g item : G len W aldm an, C hair of
th e V ill age A thletics A dvisory B oard gave a presentation on A thletics Field U tilization and
A ll ocation .
T h ere w as discussion fr om C ouncil and M r. W aldm an regarding the above presentation and the
fo ll ow ing item s: capping attendance, the 70/30 ru le, lim itin g off island part icipation and online
registra tion .
3. BRIEF COMMENTS BY COUNCIL: M ayor D avey addressed the public ann ouncing
th e passing of G u ido In guanzo, K ey B iscayn e's first V ill age C lerk, and gave condolences to his
fa m ily, also ann ounced that the M anager and V ice M ayor Lon don accom panied hi m to Tall ah assee
to m eet w ith V ill age lobbyists and C ouncilm em ber M oss thank ed the or ganizers of the recent
piano fe stival fo r a beautifu l event held at V ill age H all .
4. PUBLIC COMMENTS: T he fo ll ow in g speaker addressed the C ouncil: M arcelo R adice,
70 B ay H eights D rive, M iam i.
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5. AGENDA: There were no requested changes to the agenda.
6. SPECIAL PRESENTATIONS: Mayor Davey requested to allow former Mayor Robert
Vernon to give the presentation regarding an update on the Virigina Key Advisory Board at a later
time in the meeting. There was no objection to the request.
7. CONSENT AGENDA: Mayor Davey made a motion to approve the consent agenda. The
motion was seconded by Councilmember Moss.
Councilmember Lauredo requested to amend the minutes of July 6th, 2021 on page 3, to say, "The
Council set the trim notice for FY22 at the Manager's recommendation of 3.3267" instead of "It
was the consensus of Council to set the trim notice for FY22 at the Manager's recommendation of
3.3267."
The minutes of the July 6t11, 2021 Second Budget Workshop, as amended.
The minutes of the August 24th, 2021 Local Planning Agency Meeting.
The minutes of the August 24th, 2021 Regular Council Meeting.
The minutes of the September l ", 2021 Special Council Meeting.
The consent agenda, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
8. ORDINANCES: There were no ordinances considered by Council on first reading.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
COMPREHENSIVELY UPDATING AND REVISING CHAPTER 30, "ZONING AND
LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Davey made a motion to adopt the ordinance on second reading. The motion was seconded
by Councilmember Moss.
The Manager addressed the Council regarding the above ordinance.
Councilmember Lauredo and the rest of the Council addressed the public thanking Councilmember
Moss for the dedication and work done on the proposed zoning amendments.
Zoning Plan Reviewer/Planner Olga Garcia and Councilmember Moss addressed the Council
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regarding the above ordinance and recommended proposed zoning amendments.
There was discussion from Council regarding the above ordinance.
Councilmember Segurola made a motion to add language clarifying the affidavit can be executed
by the owner in reference to Sec. 30.34: lines 176 to 179. The motion was seconded by
Councilmember Caplan.
The Attorney addressed the Council regarding the above motion.
Mayor Davey made an amending motion to say the affidavit can be executed by the applicant or
the applicant's authorized agent. Councilmember Segurola accepted the amending motion.
The motion, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
There was discussion from Council and Zoning Plan Reviewer Garcia regarding the above
ordinance and artificial turf.
Councilmember Caplan made a motion to eliminate lines 946 to 948 from Sec. 30-242 on page 39.
The motion was seconded by Councilmember Moss and failed by a 3-4 roll call vote. The vote
was as follows: Councilmembers Caplan, McCormick, Moss voting Yes. Councilmembers
Lauredo, Segurola, Vice Mayor London and Mayor Davey voting No.
The Council directed the Clerk to distribute Vice Mayor London's email sent on September 2nd,
2021 at 8:43 a.m.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
Mayor Davey made a motion to table the ordinance. The motion was seconded by Councilmember
Moss and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan,
Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes.
At this time form er Mayor Vernon gave a presentation on an update regarding the Virginia Key
Advisory Board.
There was discussion from Council regarding the above presentation and approaching Miami-
Dade County to create additional athletic fields.
Councilmember Lauredo made a motion to direct the Manager to look at developing a strategic
action plan for Virginia Key and report back to Council and to improve relations with Miami-Dade
County and the City of Miami regarding Virginia Key. The motion was seconded by
Councilmember Moss.
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Mayor Davey made an amending motion that this plan would have athletic field space design as
the top priority. Councilmember Lauredo accepted the amending motion.
There was discussion from Council, the Manager and the Attorney regarding the above motion
and the Virginia Key Master Plan.
The motion, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
Mayor Davey made a motion to remove the ordinance from the table. The motion was seconded
by Councilmember Moss and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
There was discussion from Council regarding conforming structures and uses and maximum lot
elevation.
The Attorney addressed the Council regarding the above items.
There was discussion from Council regarding the two-lot maximum.
Councilmember London made a motion for Zoning Plan/Reviewer Garcia to report back to
Council with recommendations regarding building on more than two lots. The motion was
seconded by Mayor Davey and failed by a 3-4 roll call vote. The vote was as follows:
Councilmember Segurola, Vice Mayor London and Mayor Davey voting Yes. Councilmembers
Caplan, Lauredo, McCormick and Moss voting No.
Councilmember Lauredo made a motion to remove in the bonus chart# 1, the base flood elevation
maximum requirement for porches. The motion was seconded by Councilmember Moss and
approved by a 7-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo,
McCormick, Moss, Segurola, Vice Mayor London and Mayor Davey voting Yes.
There was discussion from Council regarding maximum elevation of the lowest floor.
Vice Mayor London made a motion to remove the maximum requirement of the lowest finished
floor. The motion was seconded by Mayor Davey and approved by a 4-3 roll call vote. The vote
was as follows: Councilmembers McCormick, Segurola, Vice Mayor London and Mayor Davey
voting Yes. Councilmembers Caplan, Lauredo and Moss voting No.
There was discussion from Council regarding understory ground elevation.
Chief Resilience and Sustainability Officer Dr. Roland Samimy addressed the Council regarding
stormwater planning and roadway elevations.
Councilmember London made a motion to allow concrete within the understory up to 500 square
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feet for car parking only. The motion was seconded by Councilmember Caplan and approved by
a 5-0 voice vote. The vote was as follows: Councilmembers Caplan, Lauredo, Moss, Segurola,
Vice Mayor London voting Yes. Councilmember McCormick and Mayor Davey were out of the
room at the time the vote was taken.
There was discussion from Council regarding building access.
Chief Building Official Rene Velasco addressed the Council regarding the above item.
There was discussion from Council regarding Front Zone maximum lot elevation.
Councilmember London made a motion to change the elevations in the "Front Zone", instead of
two feet above the average crown of the road, to have a maximum slope of 14%. The motion was
seconded by Councilmember Moss and approved by a 7-0 roll call vote. The vote was as follows:
Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
Councilmember Lauredo made a motion to approve the following proposed Zoning Code
Amendments: FAR Bonuses #8 and #9 propose to add "Notwithstanding the foregoing, this bonus
is only applicable within 20 feet of the adjacent side property line." (Page 16, Line 301),
Maximum exterior wall height. Propose to remove "no more than 50 percent of the floor may be
at that elevation". (Page 18, Line 337), Understory area. Proposing to include the following:
However, understory area(s) below the lowest habitable floor can utilize non-supporting
breakaway walls or structural walls and columns. (Page 18, Line 344), Grading and Drainage.
Propose to replace required for necessary to read the following "A retaining wall with a minimum
of two inches above final grade shall be required to support the additional elevation required
necessary to provide the required drainage swale if the elevation does not meet the adjacent
elevation or is not part of retaining the water on site ... " (Page 20, Line 416), Grading and
Drainage. Propose to remove "or is not part of retaining the water on site". (Page 20, Line 417),
Height of a building wall table. Propose to add asterisk with the following restriction "the
maximum exterior wall height may be increased six inches for every one foot that the lowest floor
is above the Base Flood Elevation not to exceed 24.5 feet" to match with line 319 under ( c )(2)(b ).
(Page 18, Line 438), Garages. Propose language to include that "garage doors must be compatible
with the door and window details and overall architectural design of the dwelling". (Page 26, Line
545), Porches, · Porte-Cocheres, and Carports/Carport Canopies Setback Regulations.
Propose to replace language to read "Permitted setbacks for the uses below are as follows". (Page
27, Line 570) and Porches, Porte-Cocheres, and Carports/Carport Canopies Setback
Regulations. Propose to replace Base Flood Elevation with Lowest Finished Floor Elevation under
(a) on line 577 to read "The maximum Wall height of Porches shall not exceed 14 feet above the
maximum permitted Lowest Finished Floor Elevation". (Page 27, Line 577). The motion was
seconded by Mayor Davey and approved by a 7-0 roll call vote. The vote was as follows:
Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London and Mayor
Davey voting Yes.
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The ordinance, as amended, was adopted on second reading by a 7-0 roll call vote. The vote was
as follows: Councilmembers Caplan, Lauredo, McCormick, Moss, Segurola, Vice Mayor London
and Mayor Davey voting Yes.
9. RESOLUTIONS: There were no resolutions considered by Council.
10. PUBLIC COMMENTS: There were no speakers that addressed the Council.
11. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Village Manager. The Manager addressed the Council welcoming the new Chief of Police Frank
Sousa. The Manager also presented a restructuring of the Manager's Report by listing an outline
of the administration's five goals: Safe and Secure Village, Thriving and Vibrant Local
Community and Marketplace, Engaging and Active Public Spaces and Programs, Accessible,
Connected and Mobile Village-Wide Transportation and Resilient and Sustainable Environment
and Infrastructure.
Chief Sousa addressed the Council reporting on the recent traffic incidents within the
Village including 42 warnings and 29 citations.
There was discussion from Council regarding proactive public safety and education.
Councilmember Lauredo addressed the Council regarding the yellow blinking crossing lights and
the Smart traffic lights on Crandon Boulevard.
The Manager was directed to report back to Council if the crossing lights on Crandon Boulevard
can be changed to red lights instead of yellow blinking lights.
At this time Councilmember Moss excited the Council Chamber.
Councilmember Lauredo addressed the administration regarding the smart lights not working
properly on Crandon Boulevard.
Councilmember McCormick addressed the administration regarding the traffic light at the Fire
Station and the visibility of the traffic light at the Galen and Crandon Boulevard intersection. Chief
Sousa stated that the traffic lights are being discussed with Fire Rescue Chief Eric Lang.
Building Official Velasco addressed the Council reporting on an update on the Building
Department's electronic permit review plan and an update on FEMA's National Flood Insurance
Program (NFIP) Risk Rating.
Vice Mayor London addressed the Council regarding insurance rate increases and Community
Rating Systems (CRS) possibly being rated on a house-by-house basis and mitigation credits.
The Manager addressed the Council regarding the above items and zoning requirements being
implemented.
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Zoning Plan/Reviewer Garcia addressed the Council regarding strengthening CRS ratings.
Building, Zoning, Planning and Public Works Director Jake Ozyman addressed the Council
regarding Crandon Boulevard improvements, safety and improving traffic flow. Also discussed
working with an engineering firm on plans for improvement and to present the plans at the
November 16th, 2021 Regular Council Meeting.
Director Ozyman reported on a summary of the long-term goals for the Public Works Department:
(1 ) to design and construct a 300 ft. southbound right turn lane from Crandon Boulevard to Harbor
Drive. (2) design and construct an 80' southbound left turn lane from Crandon Boulevard to Key
Colony, which will provide an additional lane for cars entering Key Colony going southbound. (3)
Modify the Harbor Drive and Fernwood roundabout during peak traffic hours and to meet with the
Key Colony Homeowner' s Association and the surrounding neighborhood to discuss possibly
providing an entrance to Key Colony from Sonesta Drive.
The Manager addressed the Council regarding the above items.
The Manager and Director Ozyman gave a status update on the following Capital Improvement
Plan projects: Fleet Management, Vessel Exclusion Zone Improvements, Public Beach Access
Improvements, Community Center Roof Replacement and Lake Park Improvements-Construction
and Village Green Interior Sidewalk Renovation plans.
Director Ozyman addressed the public announcing there will be a Community Engagement
Meeting regarding Beach Park improvements tomorrow night at 6:30 p.m. at the Key Biscayne
Community Center.
The Manager addressed the public announcing there will be a second Community Engagement
Meeting held on site at the Beach Park at a future date to be determined.
The Manager addressed the Council reporting on a summary of the legislative trip to Tallahassee
stating that there were three appropriation requests on what the Village is trying to achieve at the
State level: (1 ) Funding for the Crandon Boulevard Traffic Flow and Safety (2) Sargassum and
Seaweed Removal and Composting (3) Stormwater Water Quality Initiative that would tie into the
Village's stormwater system to help protect Biscayne Bay. The Manager also reported on Florida
Power & Light/PSC Feeder and Lateral Line Risk Rating and Undergrounding Formula and a State
Park Surcharge for Crandon Boulevard maintenance costs.
The Manager also reported on the following Grant supports: Infrastructure Program Strategy and
Integration and Implementation Plan, the K-8 Center Stormwater Basin and Utilities Resilience
and Undergrounding. The Manager also reported meeting with the Florida League of Cities
regarding Senate Bill 282 which would require a business impact statement for the passage of any
new ordinances or any major changes to ordinances and Senate Bill 452 which would prohibit the
mandating of medical practices or treatments for the wearing of masks to access public property.
The Manager also reported meeting with the following: the Public Service Commission, the
Florida Department of Environmental Protection, Representative Jayer Williamson, Chair of the
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House Infrastructure and Tourism Appropriation Sub-Committee and with the Florida Division of
Emergency Management's Director, Kevin Guthrie.
Vice Mayor London and Mayor Davey commended the Manager for the work done on the
legislative trip to Tallahassee.
Mayor and Councilmembers. Councilmember Lauredo made a motion to work with the Attorney
to bring an ordinance regarding Advisory Boards and Committees. The motion was seconded by
Mayor Davey and approved by a 6-0 voice vote. The vote was as follows: Councilmembers
Caplan, Lauredo, McCormick, Segurola, Vice Mayor London and Mayor Davey voting Yes.
The Attorney addressed the Council regarding the above motion.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk presented to the Council the proposed 2022 Council Meeting Schedule.
The following changes were requested: to move the January 11th Regular Council Meeting to
January 18th, to delete the June 28th Budget Workshop for Community Group Presentations, to
move the July 5th Budget Workshop for Administration to June 28th and to move the July 12th
Regular Council Meeting to July 26th.
Councilmember Caplan made a motion to approve the proposed 2022 Council Meeting Schedule,
as amended. The motion was seconded by Mayor Davey and approved by a 6-0 voice vote. The
vote was as follows: Councilmembers Caplan, Lauredo, McCormick, Segurola, Vice Mayor
London and Mayor Davey voting Yes.
12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business
discussed.
13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
14. ADJOURNMENT: The meeting was adjourned at 9:53 p.m.
Respectfully submitted:
EenWcf K:0\
Village Clerk
Approved this '11_1_' __ day of __ ..;a;D;..;;e=c=em=b=e'-r _
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Mic h a e l W. Davey
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.
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