Special Council Meeting May 6, 2021

# MINUTES

## SPECIAL COUNCIL MEETING

## KEY BISCAYNE, FLORIDA

## THURSDAY, MAY 6, 2021

## COUNCIL CHAMBER

560 CRANDON BOULEVARD

1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:02 p.m. Present were Councilmembers Franklin H. Caplan, Luis Lauredo, Allison McCormick, Brett G. Moss, Ignacio Segurola, Vice Mayor Edward London (arrived 6:05 p.m.) and Mayor Michael W. Davey. Also present were Interim Village Manager Charles R. Press, Village Clerk Jocelyn B. Koch and Village Attorneys Chad Friedman and Brett Schneider.

2. PLEDGE OF ALLEGIANCE: Mayor Davey led the Pledge of Allegiance.

3. PUBLIC COMMENTS: The following resident addressed the Council: Alejandro Serrano, 784 Ridgewood Road.

At this time, Mayor Davey addressed the Council welcoming the public to the in-person meeting and thanked Chief of Police Charles R. Press and the Key Biscayne Police Department and commended them for the job done last weekend interacting with the Key Biscayne youth and closing an investigation regarding a crime from last week. Councilmembers McCormick and Moss addressed the Council thanking Chief Press for the outstanding job being Interim Village Manager and for his accomplishments including the authorizing for the purchase of a new Key Biscayne fire truck and for the progress on the 530 Crandon Boulevard project. Councilmember Lauredo addressed the Council welcoming former Coral Gables Mayor Don Slesnick and his wife Jeannett.

4. RESOLUTION: The Clerk read the following resolution, by title:

A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING STEVEN C. WILLIAMSON AS THE VILLAGE

* * *

## MANAGER; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATED TO THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE.

Councilmember Moss made a motion to approve the resolution. The motion was seconded by Councilmember McCormick 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, there was discussion from Council regarding the Village Manager’s contract, thanking Chief Press for his service as Interim Village Manager and welcoming Manager Williamson to the Village.

Councilmember Lauredo addressed the public also welcoming Manager Williamson and stated he hoped the Manager will focus on our founding goal of a small, efficient, friendly, Key Biscayne nice and effective Village government.

At this time, Manager Williamson addressed the Council thanking Vice Mayor London, his attorney Mr. Slesnick and the Village Council for the appointment.

5. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council.

6. ADJOURNMENT: The meeting was adjourned at 6:27 p.m.

Respectfully submitted:

Jocelyn B. Koch Village Clerk

Approved this 15th day of June 2021:

Michael 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.

VILLAGE OF KEY BISCAYNE Village Council MiclraelW Davey,Mayor Edward London, Vice Mayor Franklin H. Caplan Luis Lauredo Allison McCormick Brett G, MOSS Ignacio J. Segurola SPECIAL COUNCIL MEETING THURSDAY, MAY 6,202I 6:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE PUBLIC COMMENTSz There is a (3) minute time limit for eqch speaker during public comments. Your cooperation is appreciated in observing the (3) minute rules. If you have a matter you would like to discuss during public comments, please call (305) 365-7569, 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 ACTI'I/ITIES AND/OR REPRESENTING AN ORGANIZATION FOR THE RECORD, 4. RESOLUTION: A RESOLUTION OF THE VILLAGE COUNCIL TAB 1 OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING STEVEN C. WILIAMSON AS THE VILLAGE MANAGER; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATED TO THE SAME; AND PROVIDING FOR AN EFFECTTVE DATE. (VILLAGE ATTORNEY) 88'West Mclntyre Street . Suite 2OO . Key Biscayne, Florida 33L49 . (305) 355-5506. Fax (305) 35j-8914 MISSION STATEMENT:..TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGII RESPONSIBLE GovERNMENT., J A. www.keybiscayne. fl . gov

VILLAGE OF KEY BISCAYNE May 6, 2021 5. SCHEDULE OF FUTURE MEETINGS/EVENTS: A. SPECIAL COUNCIL MEETING MONDAY, MAY 17,2021,6:00 P.M., KEY BISCAYNE COMMUNITY CENTER GYMNASruM REGULAR COUNCIL MEETING TUESDAY, MAY 18,2021,6:00 P.M., COI-INCIL CHAMBER REGULAR COUNCIL MEETING TUESDAY, JLINE 15,2021,6:00 P.M., COLINCIL CHAMBER BUDGET WORKSHOP TUESDAY, J["D{E 29,2021,6:00 P.M., COUNCIL CHAMBER REGULAR COUNCIL MEETING TUESDAY, ruLY 27,2021,6:00 P.M., COUNCIL CHAMBER 6 I ANY PERSON WISHING TO ADDRESS THE VILLAGE COANCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PMOR TO THAT ITEM BEING HEARD. PMOR TO MAKING A STATEMENT, PLEASE STATE YOAR NAME AND ADDRESS FOR THE RECORD. il. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PI9]R,SON,S TtrHO ARE DISABLED AND WHO NEED SPECAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOALD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NaMBER (305) 365-5506, NOT LATER THAN T\I/O BASINESS DAYS PRIOR TO SACH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COANCIL WITH RESPECT TO AIW MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON ItrILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SACH PURPOSE, MAY NEED TO ENSARE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, Tr/HICH RECORD INCLADES THE TESTIMOIW AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.5.286.010s). U. IN ACCORDANCE IYITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2- 11.1(s) OF THE MAMI-DADE COANTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MAST REGISTER AT THE VILLAGE CLERK'S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. 2 of 2 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GO\'ERNMENT." B. C. D. E. ADJOURNMENT:

TAB 1

RESOLUTION NO. 202I. A RESOLUTION OF THE VILLAGE COTJNCIL OF THE YILLAGE OF KEY BISCAYNE, FLORIDAO APPROVING STEVEN C. WILLIAMSON AS THE VILLAGE MANAGER; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATED TO THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") publicly advertised a search to fill the position of Village Manager (the "Village Manager"); and WHEREAS' the Village received numerous resumes from qualified individuals for the Village Manager position; and WHEREAS, after review and consideration, the Village Council has selected Steven C. Williamson as Village Manager and authorizes the Mayor to execute the Employment Agreement, in substantially the form attached hereto as Exhibit "A," on the behalf of the Village; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW' THEREFORE, BE rT RESOLVED BY TrrE COUNCTL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Approval. The Village Council hereby approves Steven C. Williamson as the Village Manager. Section 3. Authorization. The Village Council hereby authorizes the Mayor to execute, on the behalf of the Village, the Employment Agreement with Steven C. Williamson in

substantially the form attached hereto as Exhibit "A," subject to approval by the Village Attorney as to form, content, and legal sufficiency. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this day of 2021 MICHAEL W. DAVEY, MAYOR ATTEST: JOCELYN B. KOCH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY

EXHIBIT ''A'' EMPLOYMENT AGREEMENT VILTAGE MANAGER This Employment Agreement ("Agreement") is made and entered into this _ day of May 202t, between the Village of Key Biscayne, a Florida municipal corporation, (the "Village") and Steven C Williamson ("Williamson" or Village Manager") RECITALS WHEREAS, Section 3 of the Village Charter (the "Charter") requires that there shall be a Village Manager who is the Chief Administrative Officer of the Village; WHEREAS, Williamson represents he has the expertise and skills to serve as the Village Manager; WHEREAS, the Village desires to employ the services of Williamson as Village Manager and Williamson wishes to accept such employment; and NOW, THEREFORE, in consideration of the premises and mutual covenants contained in this Agreement, the parties agree as follows: Section 1. Recitals. The above and foregoing recitals are true and correct and are incorporated herein by this reference Section 2. Duties. 2.t The Village Manager shall have all powers and perform all duties and responsibilities required by this Agreement and prescribed in the Charter and applicable sections of the Village Code. 2.2. The Village Manager shall also perform such other duties and carry out such policy directives as determined by a majority of the Village Council from time to time. 2.3. The Village Manager shall provide the Village Council with a monthly report, which shall include a list of directives from the Village Council, budget analysis, and the status of achievement of the same. The report shall be included in the monthly Council Agenda Package. t

2.4 The Village Manager shall attend all Council meetings unless excused by the Council. ln addition, he shall attend other standing and ad hoc committee meetings and other meetings as appropriate to fulfill his duties as Village Manager unless he has schedule conflicts that preclude his attendance. Section 3. Salarv. 3.L The Village Manager shall receive an initial annual salary in the amount of 5195,000 payable in equal installments in accordance with the Village's existing pay periods 3.2 For purposes of this Agreement, the Village Manager's anniversary date shall be May _ of each year. Section 4. Performance Evaluations. 4.t The Village agrees to conduct formal performance evaluations of the Village Manager in a format acceptable to a majority of the Village Council after twelve (12) months. The Village Council shallthereafter evaluate the performance of the Village Manager at least once annually on or before the anniversary date of each year. lt is understood and agreed that if the Village Manager receives a positive evaluation from the Council, the Village Manager may receive a salary or benefit increase, but any such increase is solely within the discretion of the Council, approved at a public meeting. 4.2 The evaluation specified in Sections 4.1 shall be based uponr (i) the Village Manager's performance of the duties specified in Section 2; and (ii) the Village Manager's achievements of the Village Council's policy directives, including the budget Section 5. Holidavs. The Village Manager shall be entitled to all holidays recognized by the Village. ln addition, the Village Manager shall be entitled to four personal leave days per year. Personal leave days may not be carried over and are not eligible for payout upon separation. The Village Manager shall submit leave 2

slips for personal day usage in accordance with Village policy for all other Village employees and shall provide advance notice to the Village Council of his use of such leave. Section 5. Annual (Vacation) Leave. 6.L The Village Manager shall accrue 20 business days of annual leave per calendar year on a pro rata basis equally per pay period. The Village Manager shall submit leave slips for annual leave usage in accordance with Village policy for all other Village employees and shall provide advance notice to the Village Council of his use of such leave. The Village Manager shall be permitted to carryover unused annual leave from year to year without cap and will be entitled to be paid out for any and all unused annual leave upon separation from Village employment 6.2 The Village Manager shall notify the Mayor prior to the use of vacation leave which would entail absence from the Village. Prior to such leave, the Village Manager shall notify the Council of who the Acting Village Manager will be during that leave and how the Village Manager may be reached while on leave in case of an emergency Section 7. Sick Leave. The Village Manager shall accrue L5 business days of sick leave per calendar year on a pro rata basis equally per pay period. The Village Manager shall submit leave slips for sick leave usage in accordance with Village policy for all other Village employees and, to the extent possible, shall provide advance notice to the Village Council of his use of such leave. The Village Manager shall be permitted to carryover unused sick leave from year to year without cap and will be entitled to be paid out for any and all unused sick leave upon separation from Village employment Section 8. Retirement Plan. The Village Manager shall participate in a a01(a) contributory retirement plan selected by the Village immediately upon the commencement of his Village employment. The Village Manager may 3

contribute between 6% and IO% of his base salary into the Plan each year (the election as to amount to be made once annually), and the Village shall contribute12% of the Village Manager's base salary into the Plan each year. Village contributions into the Plan will vest immediately. Section 9. Health lnsurance. The Village will not provide the Village Manager with health, vision or dental coverage. Section 10. Life and Disabilitv Insurance. The Village shall provide the Village Manager with life, accidental death and long-term disability insurance coverage at no cost to the Village Manager on the same terms as provided to other managerial employees of the Village. Section 11. Professional Dues and Expenses. 11,.1 The Village shall pay for Village Manager's participation in municipal and professional organizations as approved in the Village's annual budget IL2 The Village shall pay for the Village Manager's participation in those local civic and non- profit job-affiliated organizations that the Village Manager is authorized to participate in by the Village Council, as approved in the Village's annual budget. 11.3 The Village, through its Chief Financial Officer, shall pay reasonable non-personal job- related expenses incurred by the Village Manager as part of his duties. Such payments shall be made on a reimbursement basis, based upon the Village Manager's actual receipts and expense vouchers. A budget for such anticipated expenditures shall be approved in the Village's annual budget. Section 12. Automobile Allowance. The Village shall provide the Village Manager with an automobile allowance of 5250 per month and a resident's causeway toll card, which shall be paid for by the Village 4

Section 13. Cellular. The Village shall provide the Village Manager with a cellular telephone and laptop computer at the Village's expense. Section 14. Davs. Unless otherwise specified, any reference to days in this Agreement shall mean calendar days. Section 15. lndemnification. The Village shall indemnify the Village Manager against any tort, professional liability claim, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring during the performance of the Village Manager's duties. This provision shall not apply to acts or omissions of the Village Manager committed while acting outside the course and scope of his employment, committed in bad faith or with malicious purpose, or committed in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Section 16. Term. The commencement date of this Agreement shall be the date the Village Council adopts Resolution No The Village Manager shall serve at the pleasure of the Village Council Section 17. Termination. 17.I ln accordance with the Charter, the Village Manager shall serve at the pleasure of the Village Council. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Village Council to terminate the services of the Village Manager at any time during a regular or Special Village Council meeting subject to the provisions of this Agreement and Section 3.09 of the Village Charter. 17.2 ln the event the Village Council wishes to terminate the Village Manager without cause during the initial three years of his employment with the Village as Village Manager, the Village Manager 5

shall receive all pay and benefits accrued prior to the date of his termination and shall receive a lump sum severance pay equal to 90 calendar days of his regular base salary at the time of termination. ln addition, the Village Manager shall be entitled to a payout for his accrued vacation and sick leave in accordance with Sections 6 and 7 herein (regardless of the date of his termination without cause). The Village shall not provide the Village Manager with his automobile allowance, cellular telephone allowance, or any other benefit or reimbursement (except that specifically set forth in this paragraph) accrued after the date of his termination. All severance payments shall be paid to the Village Manager in a lump sum upon his termination or within thirty (30) days thereafter at the Village Council's option The Village Manager shall not be entitled to severance pay if he is terminated without cause under this provision more than three years after he commences employment with the Village. 17.3 Notwithstanding the provisions of Section 17.2, in the event Village Manager is terminated for misconduct as defined in Section 443.036(30), Florida Statutes, the Village shall have no obligation to provide the Village Manager with any severance pay or payouts for unused vacation or sick leave. Misconduct includes, but is not limited to: (i) breach of any material term or condition of this Agreement; (ii) conviction of a felony; (iii) gross insubordination; (iv) willful neglect of duty; or (v) adjudicated violation of the Florida Code of Ethics for Public Officers and Employees, the Miami-Dade Conflict of lnterest and Code of Ethics, the Village Charter, or the Village's Conflict of lnterest Ordinance. Section 3.09 of the Village Charter will apply to the process for terminating the Village Manager under this section. L7.4 Upon payment of the severance payment specified in Section L7.2 (it applicable), upon resignation or retirement as provided for in Section 17 .5, or resignation as provided for in Secti on t7 .6, the Village shall have no further contractualfinancial obligations to the Village Manager. The severance 5

payment shall constitute stipulated and liquidated damages and the maximum amount of financial liability for which the Village may be liable in the event of termination or breach of contract. L7.5 ln the event that the Village Manager voluntarily resigns or retires during the Term of this Agreement, the Village Manager shall provide the Village with 90 days' advance written notice, unless the parties agree in writing to a different period of time. ln the event of resignation by the Village Manager under this Section, the Village Manager shall not be entitled to receive the severance package specified in Section t7 .2, but the Village Manager shall receive payment for his accrued unused vacation and sick leave (if applicable) calculated at the Village Manager's rate of pay in effect upon the date of resignation in accordance with Village policy for non-union civilian employees. L7.6 ln the event that the Village Manager voluntarily resigns with less than 90 days' advance written notice, the Village Council may elect to terminate the Village Manager immediately or allow the Village Manager to continue to serve until the date specified in the Village Manager's resignation. ln the event of a resignation or termination under this paragraph, notwithstanding any other provisions of this Section, the Village Manager shall not be entitled to receive either severance payment or vacation or sick leave unless the Village Council authorizes payment of same. t7.7 lf the Village Manager is unable to perform his duties as specified in Section 2 of this Agreement for a period of 30 consecutive days or 60 non-consecutive days during any one-year period beyond the exhaustion of his paid leave for any reason other an approved Family Medical Leave Act ("FMLA") absence, the Village Council may terminate this Agreement. lf the Village Manager takes FMLA-approved leave and exhausts his statutorily-protected, FMLA-approved leave in any one-year period, the Village Council may terminate this Agreement. ln the event of the Village Manager's death, this Agreement shall be terminated. lf this Agreement is terminated under this Section, the Village Manager shall not be entitled to severance pay pursuant to Section t7 .2 of this Agreement. 7

Section 18. Miscellaneous Provisions 18.L Complete Asreement. lt is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and that the parties agree that there are no commitments, agreement, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written I8.2 Amendment. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 18.3 No Waiver. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. 18.4 Severabilitv. lf any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portions thereof, shall not be affected and shall remain in fullforce and effect 18.5 Non-Assignment. The rights and obligations herein granted are personal in nature and cannot be transferred or assigned by the Village Manager. 18.5 Governing Law. Florida law shall govern this Agreement and any litigation which may arise from this Agreement shall be filed and litigated in the Circuit Court in and for Miami-Dade County, Florida, or, if in Federal Court, in the Southern District of Florida. 18.7 Notice. Notice to either party shall be deemed given if sent by certified mail, return receipt requested, by recognized public or private postal facilities, by hand delivery, or delivered at a Village Council meeting. Notice shall be sent as follows 8

For the Village: Michael Davey, Mayor Village of Key Biscayne 88 West Mclntyre Street Key Biscayne, FL 33149 (30s) 36s-ss11 With a copy to: Chad Friedman, Esq. Weiss Serota Helfman Cole + Bierman, P.L. Village Attorney Village of Key Biscayne 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 (3os) 8s4-0800 For the Village Manager: Steven C. Williamson 3920 Palmarito Street Coral Gables, FL 33134 With a copy to: Don Slesnick, Esq. Law Offices of Slesnick & Casey, LLP 1200 Anastasia Avenue, Suite CCA - 100 Coral Gables, FL 33134 (30s) 448-s672 Section 19. Waiver of Jurv Trial. Both the Village and the Village Manager knowingly, voluntarily, and irrevocably waive their right to a trial by jury in any civil proceedings that may be initiated by either party with respect to any term or condition of this Agreement. 9

lN WITNESS WHEREOF, the Village, by signature of the Mayor as authorized by the Village Council in accordance with Resolution No passed on has executed this Agreement the day and year first above written VITLAGE OF KEY BISCAYNE Michael Davey, Mayor AfiEST: Jocelyn Koch Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE OF THE VILLAGE OF KEY BISCAYNE ONLY: Weiss Serota Helfman Cole + Bierman, P.[. Village Attorney VILLAGE MANAGER Steven C. Williamson Date: 10