HomeMy Public PortalAbout05-11-93 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, MAY 11, 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 05 p m Present were Councilmembers
Mortimer Fried, Michael Hill, Betty Sime, Raymond Sullivan, and
Mayor Rafael Conte Absent were Councilman Joe Rasco and Vice
Mayor Clifford Brody Also present were Village Manager Sam
Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard
Weiss, Finance Director Jack Neustadt, and Police Chief Michael
Flaherty
2 INVOCATION: Monsignor William McKeever, of St Agnes Catholic
Church, gave the invocation
3 PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge
4 MINUTES: Councilman Sullivan made a technical correction to
the minutes of the meeting of April 27, 1993 The corrected
minutes were adopted by unanimous consent
5 AGENDA: Councilman Sime made a motion to add the discussion of
the lights at the Winn Dixie shopping center and the traffic light
installed on the causeway at the Mast Academy The motion was
seconded by Councilman Fried and adopted by a unanimous voice vote
The vote was as follows Councilmembers Fried, Hill, Sime,
Sullivan, and Mayor Conte voting Yes
6 ORDINANCES: Mayor Conte read the following ordinance by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR
ELECTION, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
Councilman Hill offered an amendment to establish the qualifying
period from the 55th day to the 46th day prior to the election
The Hill amendment was seconded by Councilman Sime and adopted by
a unanimous voice vote The vote was as follows Councilmembers
Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes
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May 11, 1993
Councilman Sime made a motion to adopt the amended ordinance on
first reading Councilman Hill seconded the motion which was
adopted by a 5 - 0 roll call vote The vote was as follows
Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting
Yes
Mayor Conte read the following ordinance by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
PROVIDING FOR THAT THE VILLAGE CLERK SHALL CANVASS ELECTION
RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF
ELECTIONS, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
Councilman Fried made a motion to adopt the ordinance on first
reading, seconded by Councilman Sime The motion was adopted by a
5 - 0 roll call vote The vote was as follows Councilmembers
Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes
Mayor Conte read the following ordinance by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE INCURRING OF INDEBTNESS IN THE AMOUNT NOT TO
EXCEED $1,000,000, PROVIDING FOR THE APPROVAL OF THE SPECIFIC
TERMS AND CONDITIONS OF SUCH INDEBTNESS BY RESOLUTION ADOPTED
BY THE VILLAGE COUNCIL, PROVIDING FOR REPAYMENT OF SAID
INDEBTNESS FROM AVAILABLE MUNICIPAL REVENUES, PROVIDING FOR
THE EXECUTION OF DOCUMENTS, AUTHORIZING FURTHER OFFICIAL
ACTION, SPECIFYING GOVERNING LAW, PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE
Hugh O'Reilly, 475 Allendale Road, spoke in support of the
ordinance After brief discussion, Councilman Fried made a motion
to adopt the ordinance on first reading Councilman Sime seconded
the motion which was adopted by a 5 - 0 roll call vote The vote
was as follows Councilmembers Fried, Hill, Sime, Sullivan, and
Mayor Conte voting Yes
Mayor Conte read the following ordinance by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT
TO SECTION 4 03 OF THE VILLAGE CHARTER, CREATING THE
COMMUNITY DEVELOPMENT DEPARTMENT, ECONOMIC DEVELOPMENT
DEPARTMENT, FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT,
RECREATION DEPARTMENT, POLICE DEPARTMENT, AND PUBLIC WORKS
DEPARTMENT, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE
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May 11, 1993
The Village Attorney, at the request of Councilman Rasco, prepared
an amendment to the ordinance creating a "sunset" provision
requiring the evaluation of each department every three years
Hugh O'Reilly, 475 Allendale Road, spoke in support of the Rasco
amendment and in opposition to the creation of the community
development department, economic development development and the
recreation department Manager Kissinger explained the creation of
each of the Village departments After brief discussion,
Councilman Hill made a motion to defer the ordinance until the
meeting of May 25, 1993 The motion was seconded by Mayor Conte
and adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting
Yes
7 BUILDING AND ZONING: There were no items presented to the
Council
8 REPORTS AND RECOMMENDATIONS:
8-A VILLAGE ATTORNEY Attorney Weiss gave an update on the
Lipton litigation matter
The attorney also discussed a letter from the Police Benevolent
Association and their request to have the Village voluntarily agree
that the P B A be certified as the exclusive collective bargaining
agent for sworn police personnel Councilman Fried recommended
that a campaign be held to give every officer a chance to see both
sides of the issue Councilmembers Hill, Sullivan and Sime
concurred Councilman Sullivan made a motion directing the Village
Attorney to take action to educate the police employees on the
Council's policy regarding this issue The motion was seconded by
Councilman Sime and adopted by a unanimous voice vote The vote
was as follows Councilmembers Fried, Hill, Sime, Sullivan, and
Mayor Conte voting Yes
The attorney also reported on the final environmental report of the
police station site at 85 West Enid Drive Chief Flaherty
addressed the Council on this matter
8-B VILLAGE CLERK Clerk Inguanzo submitted a list of
proclamations issued by the mayor Proclamations were issued for
Lighthouse Day, Intergenerational Awareness Day and National Safe
Boating Week
The clerk submitted for the Council's consideration the submissions
of village seal designs Councilman Sullivan made a motion that
all councilmembers be present for the consideration of a village
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May 11, 1993
seal, seconded by Councilman Hill The motion was adopted by a
unanimous voice vote The vote was as follows Councilmembers
Fried, Hill, Sime, Sullivan, and Mayor Conte voting Yes
The clerk presented the certification of the results of the special
election held on April 27, 1993
Clerk Inguanzo submitted a schedule of summer meetings
8-C VILLAGE MANAGER Manager Kissinger recognized Carlos Penin,
Village Engineer, who made a presentation regarding the stormwater
utility There was discussion by the Council regarding the rates
for commercial properties Councilman Fried and Hill further
discussed the engineer's presentation and noted that commercial
properties will have a larger burden to bare The manager stated
that implementation of the utility is expected by October 1, 1993
Councilman Sullivan recommended a $5 00 E R Unit Attorney Weiss
made comments regarding the establishment of a rate Councilman
Hill requested that the engineer prepare an analysis with a rate of
$10 00 or less for the single family area, $5 00 for the multi-
family areas and $20 00 per tenant in the commercial areas
The manager announced his selection of a Village fire chief
William Huddleston was presented to the Council and residents The
manager also announced that the Village has advertised for fire
personnel Manager Kissinger presented information regarding the
purchase of fire trucks and equipment
The manager recommended that the Village purchase an advertisement
in the 100 page special convention issue of Quality Cities for the
67th annual convention of the Florida League of Cities Hugh
O'Reilly, 475 Allendale Road, spoke in opposition to the Village
purchasing the advertisement
The manager requested the purchase of an additional copy machine
Councilman Sullivan made a motion authorizing the Village Manager
to purchase a Xerox copy machine from Advanced Business Services,
740 Northeast 167 Street, North Miami Beach, Florida, at a cost not
to exceed $8,995 00 Councilman Sime seconded the motion which was
adopted by a unanimous voice vote The vote was as follows
Councilmembers Fried, Hill, Sime, Sullivan, and Mayor Conte voting
Yes
The manager submitted the following informational reports
Departmental reports, the monthly financial statement, the 1992-
1993 Budget time -table, a Calusa Park expansion study, and artist
renderings of proposed Ocean Drive beautification
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May 11, 1993
Councilman Sime discussed the Ocean Drive beautification plan
William Croysdale, 550 Ocean Drive, spoke in support of the Ocean
Drive beautification project Steve Miner, 590 Ocean Drive, also
spoke in support of the plan The manager further discussed the
project and stated that the cost will be approximately $125,000
Councilman Sullivan recommended that the manager develop a capitol
program project list to determine the Council's priority
Councilman Sime made a motion to authorize the Village Manager to
contract with O'Leary and Associates at a cost not to exceed $7,500
to develop the Ocean Drive beautification plan and prepare bids
The motion was seconded by Mayor Conte After brief discussion,
Mayor Conte withdrew his second of the motion Councilman Fried
made a motion to table the item, seconded by Mayor Conte The
motion was adopted by a unanimous voice vote The vote was as
follows Councilmembers Fried, Hill, Sime, Sullivan, and Mayor
Conte voting Yes
8-D MAYOR AND COUNCILMEMBERS Councilman Sime presented a brief
report on the Local Planning Agency
Councilman Hill requested an update on the Ocean Lane Drive
drainage system
Councilman Sullivan discussed the preliminary Crandon Park master
plan He announced the public hearings that will be held by the
county regarding this issue Helen White, 241 East Enid Drive,
spoke on this item and urged the Council to demand the playing
fields from the county
Councilman Sime briefly discussed the character of the new lights
at the Winn -Dixie shopping center She also inquired about the
traffic light installed on the causeway at the Mast Academy
Councilman Sullivan briefly discussed the signage installed at
Jefferson National Bank Building Official Dan Nieda addressed
this issue
9 RESOLUTIONS: Mayor Conte read the following resolution by
title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
DISSOLVING THE VILLAGE'S INSURANCE COMMITTEE, EXPRESSING
APPRECIATION FOR THE COMMITMENT AND DEDICATION OF THE MEMBERS
OF THE COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE
Councilman Fried made a motion to adopt the resolution, seconded by
Councilman Sime The resolution was adopted by a unanimous voice
vote The vote was as follows Councilmembers Fried, Hill, Sime,
Sullivan, and Mayor Conte voting Yes
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May 11, 1993
Mayor Conte read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE
VILLAGE WITH FIREWORKS BY GRUCCI, INCORPORATION, BROOKHAVEN,
NEW YORK, WAIVING COMPETITIVE BIDDING, PROVIDING FOR AN
EFFECTIVE DATE
Councilman Fried made a motion to adopt the resolution, seconded by
Councilman Sullivan The motion was adopted by a 4 -1 voice vote
The vote was as follows Councilmembers Fried, Hill, Sime, and
Sullivan voting Yes Mayor Conte voted No
Mayor Conte read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE WITH THE CITY OF MIAMI FOR
AUTOMATIC AID AND ANCILLARY FIRE RESCUE SERVICE, PROVIDING
FOR AN EFFECTIVE DATE
Councilman Sime made a motion to adopt the resolution, seconded by
Councilman Sullivan The resolution was adopted by a 4 - 1 voice
vote The vote was as follows Councilmembers Fried, Sime,
Sullivan, and Mayor Conte voting Yes Councilman Hill voted No
Mayor Conte read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
APPROVING A LEASE WITH TRIANGLE INVESTORS, INCORPORATION, 1566
CORAL WAY, MIAMI, FLORIDA, FOR OFFICE SPACE, AUTHORIZING THE
MAYOR TO EXECUTE SAME ON BEHALF OF THE VILLAGE, PROVIDING FOR
AN EFFECTIVE DATE
Hugh O'Reilly, 475 Allendale Road, spoke in support of the
resolution Councilman Hill stated his opposition to the
resolution Councilman Sime made a motion to adopt the resolution,
seconded by Councilman Fried The resolution failed on a 2 - 3
roll call vote The vote was as follows Councilman Sime and
Mayor Conte voting Yes Councilmembers Fried, Hill and Sullivan
voted No
Mayor Conte read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO PURCHASE FIRE EQUIPMENT,
PROVIDING FOR AN EFFECTIVE DATE
Page 6 of 7
May 11, 1993
Councilman Fried made a motion to adopt the resolution, seconded by
Councilman Sullivan The resolution was adopted by a unanimous
voice vote The vote was as follows Councilmembers Fried, Hill,
Sime, Sullivan, and Mayor Conte voting Yes
Mayor Conte read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING
THE POLICY OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY THAT
REPLACEMENT COST MAY BE USED IN DETERMINING WHETHER A
STRUCTURE HAS BEEN SUBSTANTIALLY DAMAGED AND PROVIDING FOR AN
EFFECTIVE DATE
Building Official Nieda spoke on this item The resolution was
withdrawn
10 COMMITTEES: There were no committee reports submitted
11 OTHER BUSINESS/GENERAL DISCUSSION: There was no further
business discussed
12 SCHEDULE OF FUTURE MEETINGS: A schedule of future meetings
was presented to the Council
13 ADJOURNMENT: The meeting was adjourned at 9 55 p m
Approved this 2794. day of
al/
1993
Village Clerk Mayor
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR
DARING, HE 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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