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HomeMy Public PortalAbout01-12-93 Regular Council Meeting.tifMINUTES MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 12, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Conte at 7 00 p m Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco (arrived late), Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Police Chief Michael Flaherty, Building Official Dan Nieda, Finance Director Jack Neustadt, Village Engineer Carlos Penin, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler 2 INVOCATION The invocation was given by Father Robert Libby of St Christophers-by-the-Sea Church 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4 APPROVAL OF MINUTES: Councilman Fried made a motion to approve the minutes of the meeting of January 5, 1993, as submitted, seconded by Vice Mayor Brody The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 5 AGENDA: There were no changes made to the agenda 6 ORDINANCES: The following ordinance, on first reading, was read by title and considered by the Council AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUIRING ALL PERSONS ENGAGING IN CONSTRUCTION OR DEMOLITION TO FURNISH SUFFICIENT ON -SITE RECEPTACLES FOR THE COLLECTION OF CONSTRUCTION DEBRIS, REQUIRING CONSTRUCTION DEBRIS TO BE EITHER STORED IN ON -SITE RECEPTACLES FOR LATER DISPOSAL OR REMOVED FROM CONSTRUCTION OR DEMOLITION AREAS BY 5 00 P M DAILY, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Conte opened the public hearing Ed Meyer, 100 Sunrise Drive, stated his support for the ordinance Page 1 of 10 January 12, 1993 Vice Mayor Brody stated that he sponsored the ordinance to alleviate the debris problem at several construction sites in the Village Vice Mayor Brody made a motion to adopt the ordinance, seconded by Councilman Fried The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Clerk Inguanzo announced that the second reading for the ordinance will be on January 26, 1993 7 BUILDING AND ZONING: There were no items considered 8 REPORTS AND RECOMMENDATIONS 8-A VILLAGE ATTORNEY Village Attorney Weiss submitted the following reports He stated that the peddler's ordinance is expected to be ready for the next meeting of the Council In the Seaquarium matter, he stated that a notice of appeal has been filed In the Lipton matter, Weiss stated that he is awaiting a response from the Matheson family 8-B VILLAGE CLERK Clerk Inguanzo stated that at the meeting of November 24, 1992, the Council had approved a motion to schedule a special meeting to discuss the Fire/Rescue issue Manager Kissinger stated that he is awaiting the completion of the Fire/Rescue study It was the consensus of the Council not to set a date until the study is complete 8-C VILLAGE MANAGER Manager Kissinger submitted the following reports 8-C-1 Departmental reports for the Building Official, Community Affairs Director, Village Engineer, Police Chief, and Recreation Director were submitted 8-C-2 The manager submitted several reports on the Drainage Improvement Program The manager submitted a brief report on the catch basin cleaning project Page 2 of 10 January 12, 1993 Manager Kissinger stated that four firms had submitted an R F P for the Stormwater Master Plan Engineer He presented his ranking and recommendations Councilman Hill made a motion to rank the firms, as submitted by the manager, and authorize the manager to negotiate a contract with Crowder -Mahoney for the Stormwater Master Plan Engineer It was seconded by Councilman Sime Councilman Sullivan asked the manager to elaborate on his recommendation and stressed the importance of the stormwater system The motion was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Hill, Sime, Vice Mayor Brody, and Mayor Conte voting Yes Councilmembers Rasco and Sullivan voted No Vice Mayor Brody made a motion to reconsider the Hill motion which was seconded by Councilman Sullivan The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Vice Mayor Brody made a motion to rank the firms, as submitted by the manager, and authorize the manager to negotiate a contract with Crowder -Mahoney for the Stormwater Master Plan Engineer Councilman Sullivan stated that the R F P documents should be provided to the Council with time to study each proposal Councilman Hill seconded the Brody motion The motion was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Hill, Sime, Vice Mayor Brody, and Mayor Conte voting Yes Councilmembers Rasco and Sullivan voted No The manager requested a motion to authorize the catch basin installation project Councilman Fried made a motion to extend the Catch Basin Installation Contract, as per the terms of Dade County, Florida, Public Works Department, contract number 5 entitled "ANNUAL LOCAL DRAINAGE IMPROVEMENT" with H&J Paving Corporation, 10450 Southwest 186 Lane, Miami, Florida for an additional $100,000 and be charged to Account 830648, reserve for capital expenditures The motion was seconded by Councilman Sime The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Page 3 of 10 January 12, 1993 The manager briefly discussed the locations of the first phase of the installation project Manager Kissinger briefly discussed a grant application for the purposes of alleviating drainage problems at Holiday Colony The manager discussed a meeting attended by Village Engineer Penin and John Savage to discuss drainage problems on Ocean Lane Drive Village Engineer Penin elaborated on the meeting and stated that the county was at fault for installing a flawed drainage system Councilman Hill requested that the Village Attorney research the matter to see if there is any recourse with the county on this matter The manager called on Village Engineer Penin to also discuss the status of the rate study for the stormwater utility Village Engineer Penin discussed the project 8-C-3 Manager Kissinger submitted the monthly financial report 8-C-4 The manager discussed updates on several hurricane matters including repairs to the West Mashta Drive Causeway, catch basin cleaning, Calusa Park, and the F E M A audit 8-C-5 Councilman Hill, seconded by Councilman Fried, made a motion to appoint Guzman & Company, 701 Brickell Avenue, Miami, Florida, as financial advisor for the Village and authorize the Mayor to execute an agreement at a cost not to exceed $12,000 annually The motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 8-C-6 Councilman Fried, seconded by Councilman Hill, made a motion appointing Ruden, Barnett, McClosky, Smith, Schuster, & Russel, P A , 701 Brickell Avenue, Suite 1900, Miami, Florida, as bond counsel for the Village and authorize the Mayor to execute an agreement Councilman Sime expressed her concern about not having considered any other firms Councilman Rasco concurred adding that another two firms should be given the opportunity to bid Vice Mayor Brody stated that the reputation of the firm should be the main consideration Page 4 of 10 January 12, 1993 Councilman Hill stated that he highly recommended this firm to the manager The Fried motion was adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Fried, Hill, Vice Mayor Brody, and Mayor Conte voting Yes Councilmembers Rasco, Sime, and Sullivan voted No 8-C-7 The manager called on Building Official Nieda to discuss the L'Esplanade shopping center Nieda discussed the Special Master's decision on the matter Councilman Sime requested that the Village Attorney notify the Federal Government of the conditions existing at the L'Esplanade -- the location of the Post Office Councilmembers Fried and Brody stated that the facility is probably not accessible by the handicap Councilman Sullivan asked about the fines being assessed Nieda explained that the condominium association is being assessed a daily fine 8-C-8 The manager submitted a brief report on the Fernwood Road/Crandon Boulevard property acquisition Marie Kirk, 201 Crandon Boulevard, stated that she is opposed to a bond issue for acquiring the property 8-C-9 The manager reported that the 1991-1992 audit is complete and the information is being compiled He said the report should be available on February 1, 1993 8-C-10 The manager discussed the county's employee assistance program available to Village employees at a cost to the Village of $18 00 per employee Vice Mayor Brody made a motion to become a member of the Metropolitan Dade County Employee Assistance Program Seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, Mayor Conte voting Yes 8-C-11 Manager Kissinger briefly discussed a master tree planting plan 8-C-12 Councilman Hill made a motion, seconded by Councilman Sime, to authorize the Village Manager to purchase two Chevrolet Page 5 of 10 January 12, 1993 S-10 Blazer (4X4) vehicles for the Police Department from Ed Morse Chevrolet, Lauderhill, Florida, not to exceed $31,708 40 and charged to Account #710524 Councilman Rasco asked the Chief about the time table for an operational department Chief Flaherty stated that he expects the department to be operational March 1, 1993 Councilman Fried expressed his concerns about the number of vehicles being purchased He stated that the use of these vehicles will alienate the officers from the community The Hill motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Hill made a motion, seconded by Councilman Sime, to authorize the Village Manager to purchase one Chevrolet Astro Passenger Van (model CM10906) for the Police Department from Ed Morse Chevrolet, Lauderhill, Florida, not to exceed $13,717 91 and charged to Account #710524 The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 8-C-13 Village Manager Kissinger submitted a brief report on the Public Safety study 8-C-14 The manager submitted a copy of a $500,000 check from Metro -Dade County for payment in accordance with the Inter -local Agreement 8-C-15 The manager submitted a report on the Benefits Plan Coordinator (K C I Financial Service, Inc , Ft Lauderdale, Florida) Councilman Hill stated that the Police Department should remain named that until the Public Safety issue is resolved The Council concurred 8-D MAYOR AND COUNCILMEMBERS Councilman Sime stated that the next Local Planning Agency meeting will be on January 19, 1993 Councilman Rasco stated that he would like to have a report from the Hurricane Preparedness and Emergency Management Committee and that they should resume to meet to prepare for the next hurricane season Page 6 of 10 January 12, 1993 Councilman Sullivan stated that the Council should determine a use for the Fernwood Road/Crandon Boulevard property He added that it should be used as a green area Councilman Hill concurred that a use should be determined Councilman Sime stated that there are to many variables and there should be multiple plans Councilman Rasco stated that several alternatives are needed including using the property for a community center Vice Mayor Brody discussed several properties in the Village which will be important in the process and that the issue should be addressed at the Local Planning Agency level Councilman Fried stated that a combination of uses would be best He agreed that it should be addressed in the Master Plan process Mayor Conte discussed a petition presented to him by residents wishing to change the village seal Jim Brewster, 500 North Mashta Drive, stated that the seal adopted by the Council did not have an emotional impact on the community He added that a contemporary design would be best for the Village Tim Stickney, 285 Woodcrest Road, asked the Council to reconsider the adoption of a seal Marie Kirk, 201 Crandon Boulevard, stated that the process should start from the beginning in selecting a seal Nancy Tellam, 270 Greenwood, stated that the petition demonstrated that residents were not happy with the seal and asked the Council to reconsider their decision Bill Ofgant, 512 Fernwood Road, stated that people should be willing to discuss other important issues with the same enthusiasm Lynn Spaugh, 609 Ocean Drive, stated that she will be happy to work with the Council in selecting a new seal Albert Bailitz, 615 Ocean Drive, also spoke in favor of a new seal Vice Mayor Brody stated that the petition did not specifically state the residents were unhappy with the current seal Councilman Hill stated that starting the process from the beginning is not appropriate, however the Council should evaluate designs that become available Councilman Sullivan stated that at a previous meeting he had suggested re -opening the process to give residents the opportunity to design a contemporary design Councilman Fried stated that if residents want a contemporary seal, they should submit a contemporary design for the Council to consider Mayor Conte suggested a deadline of April 1, 1993 for residents to submit designs The Council concurred Vice Mayor Brody stated that the current seal should remain as the official seal during the interim period The Council concurred 9 RESOLUTIONS The following resolutions were considered by the Council Page 7 of 10 January 12, 1993 9-A The Council considered the following resolution A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE JACKSON MEMORIAL HOSPITAL TRAUMA CENTER, ALLOCATING KEY BISCAYNE'S FAIR SHARE TO THE CENTER, AND PROVIDING FOR AN EFFECTIVE DATE After a discussion by the Council, the manager was instructed to prepare a recommendation on this matter for a future meeting 9-B Councilman Fried made a motion to adopt the following resolution, seconded by Councilman Rasco A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH THE KEY BISCAYNE ATHLETIC CLUB, AND PROVIDING FOR AN EFFECTIVE DATE Councilman Sullivan stated that, eventually, the Village Recreation Department should be providing these services Scott Miller, 620 North Mashta Drive, spoke in favor of the resolution Councilman Rasco directed the manager to meet with the Key Biscayne Athletic Club in the next sixty days and return to the Council within ninety days with a report on how to incorporate the club's activities in the Village's Recreation Department Councilman Fried directed the manager to contact Coral Gables and Miami Shores to determine the volunteer activity within their programs The Fried motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 9-C Councilman Fried made a motion to adopt the following resolution, seconded by Councilman Sime A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN INTER -LOCAL AGREEMENT ON BEHALF OF THE VILLAGE WITH METRO-DADE COUNTY FOR A GRANT FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION'S ECONOMIC ADJUSTMENT, AND PROVIDING FOR AN EFFECTIVE DATE Page 8 of 10 January 12, 1993 The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, and Vice Mayor Brody, and Mayor Conte voting Yes 9-D Vice Mayor Brody made a motion to adopt the following resolution, seconded by Councilman Sime A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING SALLY BRODY FOR HER ACHIEVEMENTS AS THE KEY BISCAYNE ELEMENTARY SCHOOL TEACHER OF THE YEAR, AND PROVIDING FOR AN EFFECTIVE DATE The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 10 COMMITTEE REPORTS: There were no committee reports submitted to the Council 11 OTHER BUSINESS/GENERAL DISCUSSION Ed Meyer, 100 Sunrise Drive, stated that the Council should consider a Citizen of the Year award 12 SCHEDULE OF FUTURE MEETINGS The following schedule was submitted A LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, JANUARY 19, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR B SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JANUARY 26, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR C SPECIAL VILLAGE COUNCIL MEETING (FIRE/RESCUE SERVICE) TO BE ANNOUNCED COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR D REGULAR VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 9, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR E LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, FEBRUARY 16, 1993, 7:00 P.M. COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR F SPECIAL VILLAGE COUNCIL MEETING TUESDAY, FEBRUARY 23, 1993, 7 00 P M COUNCIL CHAMBER, 85 WEST MCINTYRE STREET, SECOND FLOOR Page 9 of 10 January 12, 1993 13 ADJOURNMENT: The meeting was adjourned at 10 55 p m Approved this 2'` day of 40./INA.x.o..4%.3 Vi11a}e Clerk Mayor r , 1993 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE/SHE 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. Page 10 of 10