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Home My Public Portal About04-13-93 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 13, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: Mayor Conte called the meeting to order at 7 00 p m Present were Councilmembers Mortimer Fried (arrived at 7 10), Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte Absent were Councilmembers Michael Hill and Joe Rasco Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Joseph Serota, Village Attorney Richard Weiss, Finance Director Jack Neustadt, Community Affairs Director Susan Gregorie, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler 2 INVOCATION: Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an invocation 3 PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge 4 MINUTES: The minutes of the meeting of March 23, 1993, were approved, as submitted, by unanimous consent 5 AGENDA: There were no changes to the agenda 6 ORDINANCES: Mayor Conte read the following ordinance by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Brody made a motion to adopt the ordinance, on first reading, seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 7 BUILDING AND ZONING: The Council considered Application 93-4- MCS-1, Key Biscayne Galeria, 328 Crandon Boulevard, requesting multi -tenant center sign graphics criteria approval Community Development Director Sobrino stated her recommendation for approval Maria Larrea, 22 Sunrise Drive, representing Key Biscayne Galeria, made brief comments After brief discussion, Page 1 of 6 April 13, 1993 Vice Mayor Brody made a motion to approve the application pursuant to the requirements of the sign code, seconded by Councilman Fried The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 8 REPORTS AND RECOMMENDATIONS: 8-A Village Attorney Attorney Weiss briefly discussed a report on beach ownership Attorney Serota made a presentation regarding the on -going Seaquarium litigation Councilman Fried stated that the Village Attorney should meet with Marine Exhibition Corporation to further pursue this matter and discuss a settlement Councilman Sime made a motion authorizing the Village Attorney to pursue this matter and that Vice Mayor Brody serve as the representative of the Council during those meetings The motion was seconded by Councilman Fried and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Attorney Serota also discussed the Lipton litigation matter Councilman Fried stated that pursuant to restrictions on the D R I properties, the additional 30 acres at Calusa Park should be considered a Village park Vice Mayor Brody stated that the county is making it difficult to establish an agreement with the Matheson family Councilman Sullivan discussed the number of days permitted for tournament use Mayor Conte discussed a letter from Robert Swarthout, Village Master Plan Consultant, dated April 1, 1993, which addresses the issue of Calusa Park Councilman Sime further discussed the Swarthout letter Councilman Sullivan stated that the Village Attorney should move forward with this matter The consensus of the Council was that the Village Attorney arrange a meeting with county officials and pursue settling this matter Helen White, 241 East Enid Drive, addressed the Council on this matter 8-B Village Clerk Clerk Inguanzo submitted a copy of proclamations issued by Mayor Conte Proclamations for Johny Marciano, Freedom From Drugs Day and Municipal Clerk Week were signed by the Mayor The clerk submitted a six month progress report for the Council's review An item regarding the selection of a representative to the Dade League of Cities was deferred until the April 27, 1993 meeting Page 2 of 6 April 13, 1993 There was brief discussion regarding the possible selection of a new village seal Vice Mayor Brody made a motion that the submission deadline be extended until Thursday, April 22, 1993, that the submissions be reviewed at the April 27, 1993 Village Council meeting and that a final decision be made at the May 11, 1993 Council meeting The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 8-C Village Manager The manager introduced Lew Scruggs, of the Florida Department of Natural Resources, who made a presentation regarding the hurricane recovery and restoration plan of the Cape Florida State Park Councilman Sime complimented the Department of Natural Resources on their plan J F Redford, 2807 Southwest 27 Avenue, Miami, addressed the Council on this matter Mayor Conte excused himself from the meeting at 8 30 p m Vice Mayor Brody chaired the remainder of the meeting Manager Kissinger briefly discussed a copy of the street tree master plan that will be discussed by William O'Leary, the Village's Landscape Architect, at the special Local Planning Agency meeting of April 14, 1993 Councilman Sime encouraged residents to attend the meeting The manager recognized Carlos Penin, Village Engineer, who made a presentation on the stormwater rate schedule Councilman Sullivan discussed the commercial percentage of the rate schedule Councilman Fried noted discrepancies in the fees being assessed on church properties Engineer Penin stated that a report will be presented at the next meeting Councilman Sime made a motion to award the Stormwater Master Plan engineering contract to Williams, Hatfield and Stoner, Incorporated, 3191 Coral Way, Miami, Florida, at a cost not to exceed $65,000 Councilman Fried seconded the motion which was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Vice Mayor Brody voting Yes Manager Kissinger discussed a proposal for the conversion of electric distribution facilities to an underground configuration The manager will invite Florida Power and Light representatives to discuss the proposal at a future meeting The manager discussed his continued search for additional storage, office and meeting space Page 3 of 6 April 13, 1993 The manager reported that the trash center will remain closed for an additional two weeks He stated that a temporary facility is located at Calusa Park Manager Kissinger submitted a progress report on the creation of the Village fire department Councilman Sullivan stated that there appears to be confusion over the language on the ballot for the April 27, 1993 special election regarding the fire/rescue issue Vice Mayor Brody suggested an advertisement in the Islander News clarifying the issue Attorney Weiss stated that he drafted the ballot language based on the petitioner's committee language There was further discussion regarding the ballot language Councilman Sime recommended that a brochure be mailed to registered voters explaining the ballot language The Council concurred that an advertisement be placed in Islander News and that a brochure be mailed first class to residents explaining the ballot language Recreation Director Tessler and the manager discussed the problem of 2,000 Village newsletters returned by the post office The manager submitted informational reports regarding the Village departments, a memorandum dated March 31, 1993 from Carlos Penin regarding miscellaneous drainage improvements, a letter regarding the Island Festival fireworks display, a report on additional lane extensions on Harbor Drive, and the monthly financial report Vice Mayor Brody inquired about staffing in the Community Development Department Community Development Director Sobrino made a brief presentation Councilman Sullivan inquired about the Community Affairs Department report and promoting Key Biscayne business among film companies Councilman Sime asked about revisions of the F E M A 50% Rule Community Development Director Sobrino elaborated on the new interpretations by F E M A of the 50% Rule John Festal 695 Harbor Lane, inquired about obtaining departmental reports 8-D MAYOR AND COUNCILMEMBERS Councilwoman Sime submitted a Local Planning Agency report Vice Mayor Brody discussed the annual review of the Village Manager as provided by the employment agreement Vice Mayor Brody discussed the manager's accomplishments over the past year Page 4 of 6 April 13, 1993 Councilman Sime complimented the manager on his achievements in the past year Councilmembers Fried and Sullivan concurred Councilman Fried made a motion to increase the manager's salary to $97,000 per year -- which includes a $12,000 living allowance The motion was seconded by Vice Mayor Brody and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Vice Mayor Brody voting Yes The Council discussed establishing goals and objectives to evaluate the manager next year The consensus was to include fire/rescue, stormwater utility, reduction of taxes, beautification of the Village, and expansion of recreation programs Councilman Sullivan suggested that the Village sponsor a fireworks display during the Fourth of July festivities Ed Stone, 145 Hampton Lane, representing the Fourth of July parade, encouraged the Village to sponsor this activity Councilman Sime spoke in support of the proposal Councilman Sullivan requested that the manager prepare a report on sponsoring the fireworks display 9 RESOLUTIONS: Vice Mayor Brody read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPOINTING VILLAGE CLERK AS CANVASSING BOARD FOR APRIL 27, 1993 SPECIAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion to adopt the resolution, seconded by Councilman Fried The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Vice Mayor Brody voting Yes Vice Mayor Brody read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE DADE COUNTY COMMISSION TO AMEND ORDINANCE 93-14; PROVIDING FOR AN EFFECTIVE DATE. Councilman Sime made a motion to adopt the resolution, seconded by Councilman Fried The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Vice Mayor Brody voting Yes 10 COMMITTEES: The following items were discussed An item regarding recommendations from the Village's Insurance Committee was deferred until the meeting of April 27, 1993 Page 5 of 6 April 13, 1993 Vice Mayor Brody read a letter from the Hurricane and Emergency Management Committee commending the manager for his actions in the aftermath of Hurricane Andrew 11 OTHER BUSINESS/GENERAL DISCUSSION: There was no further discussed by the Council 12 SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings was presented to the Council 13 SCHEDULE OF FUTURE EVENTS: A schedule of future events was submitted to the Council 14 ADJOURNMENT: The meeting was adjourned at 10 35 p m Approved this 2-7t4' day of ptlpri 1 , 1993. Villa • _ Clerk Mayor IF A PERSON WISHES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS I8 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 6