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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 Page 1 of 7 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 Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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 Page 5 of 7 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 Page 7 of 7