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.
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