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HomeMy Public PortalAbout07-14-92 Regular Council Meeting.tifVILLAGE OF KEY BISCAYNF, FLORIDA MINUTES Regular Monthly Board of Trustees Meeting Tuesday, July 14, 1992 Key Biscayne Elementary School - Cafeteria 150 West McIntyre Street 1 CALL TO ORDER/ ROLL CALL OF MEMBERS Mayor Rafael Conte called the meeting to order at 7 10 p m The following Trustees were also present Mortimer Fried, Joe I Rasco, Betty Q Sime and Vice Mayor Sullivan Also present were Village Manager C Samuel Kissinger, Village Attorney Richard Weiss and Aline Dennis, Interim Village Clerk/Finance Director Jack Neustadt and Recording Secretary Beatris M Arguelles 2 INVOCATION Rev Patrick Arnold, Ke) Biscayne Presbyterian Church offered the tnvocatioa 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4 APPROVAL OF THE MINUTES The minutes of June 9-11 and June 21 1992 were approved as amended 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS There were no additions, deletions or substitutions made 5(a) PRESENTATJONt Mayor Conte presented Deborah Neve with a certificate of appreciation for her work in designing the interior of the Village of fices 6 ORDINANCES FIRSTLPURLIC IIEARI1 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE VILLAGE FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR PAYMENT OF A ONE PERCENT FEE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Following a public hearing and discussion from the Board, Trustee Brody moved that the Ordinance be passed on First Reading The motion was seconded by Trustee Fried and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, TruRtee Sime Yea, Vice Mayor Sullivan Yee, Mayor Conte Yes 2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4 01(C) OF THE CHARTER OF TIiF VILLAGE, TO PROVIDE THAT IN CIRCUMSTANCES WHERE FOUR OR MORE MEMBERS OF TIIE BOARD ARE INELIGIBLE TO VOTE ON A PARTICULAR MATTER DUE TO A CONFLICT OF INTEREST, THAT SUCH MATTER MAY BE VOTED ON AND APPROVED BY A UNANIMOUS VOTE OF THE REMAINING MEMBERS OF THE BOARD OF TRUSTEES, PROVIDING REQUISITE BALLOT LANGUAGE, PROVIDING FOR SFVERABILITY, INCLUSION IN THE CHARTER AND AN Page 1 of 8 ( ( EFFECTIVE DATE Following a public hearing and discussion from the Board, Trustee Brody moved that the Ordinance be passed on First Reading The motion was seconded by Trustee Fried and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yea, Trustee Slme Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CHARTER BY CHANGING THE DESIGNATION "BOARD OF TRUSTEES" TO THE 'VILLAGE COUNCIL" AND TO SUBSTITUTE FOR THE "TRUSTEES" DESIGNATION THE TERMS "COUNCILMEMBERS" OR "MEMBERS", AMENDING ALL SECTIONS OF THE VILLAGE'S CHARTER IN CONFORMITY THEREWITH, PROVIDING REQUISITE BALLOT LANGUAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CHARTER AND AN EFFECTIVE DATE Following a public hearing and discussion from the Board, Trustee Hill moved that the Ordinance be passed on First Reading The motion was seconded by Trustee Sime and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Siine Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 7 BVILD1Ng AND ZONING PUBLIC HEARING No 92-7-KBT-1 - LOCATION 606 CRANDON BOULEVARD - JEFFERSON NATIONAL BANK REQUESTING MODIFICATION OF RESOLUTION No E-06-91, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES ON THE 3RD DAY OF DECEMBER, 1992 AS FOLLOWS LAQAL T "1 Canditiooai permit for the installation of a 24' x 60' double -wide trailer banking facility for the period December 1, 1991 through and including August 31, 1992 " "1 Conditional Permit for the installation of a 24' x 60' double -wide trailer banking facility for the period December 1, 1991 through and including December 31, 1992 " THE PURPOSE OF THIS REQUEST IS TO PROVIDE A TIME EXTENSION FOR A TEMPORARY BANKING FACILITY Robin Sobrino, Community Development Director recommended that the Board approve the request with conditions 1 That the applicant apply for and obtain the herein approved time extension for a temporary certificate of Use and Occupancy with the Dade County Building and Zoning Department prior to August 31, 1992, and 2 That the time period for the Demolition and Cash Escrow Agreement with the Village be amended by the applicants through December 31, 1992 prior to the extension of the temporary Certificate of Use and Occupancy Following public hearing and discussion from the Board, Trustee Brody moved that the Board of Trustees waive the Building moratorium to allow for this request Trustee Fried seconded the motion which carried unanimously Each Trustee voted as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes Foliowing additional discussion, Trustee Fried moved that the Board grant the extension with conditions as stipulated by the Community Development Director and that the Bond currently Page 2 of 8 being held by the Village be extended through and including December 31, 1992 Trustee Sime seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes Trustee Brody moved that item 8(b)1 DEENY KAPLAN, DIRECTOR METROPOLITAN DADE COUNTY OFFICE OF FILM, TELEVISION AND PRINT - DISCUSSION RE, PROPOSED INTERLOCAL AGREEMENT FOR ONE -STOP PERMITTING PLAN be taken out of order The motion was seconded by Trustee Sime and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yea, Trustee Hill Yes, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 8 (b)1 DEENY KAPLAN, DIRECTOR, METRO- DADE COUNTY OFFICE OF FILM, TELEVISION AND PRINT - DISCUSSION RE, PROPOSED INTERLOCAL AGREEMENT FOR ONE - STOP PERMITTING PLAN Following the presentation by Ms Kaplan and discussion from the Board, Trustee Fried moved that the Village enter into an interlace' agreement with the Office of Film, Television and Print for a One -Stop permitting plan Trustee Rasco seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yea, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco I es, Trustee Sime Yes, Vice Mayor Sailor an Yes, Mayor Conte Yes 8 REPORTS AND RECO EI�DATIONS, 8(a) VILLAGE ATTORNEY REPORT' 1(a) DISCUSSION RE STORMWATER UTILITY ORDINANCE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE, MAKING CERTAIN FINDINGS AND DETERMINATIONS, ESTABLISHING A SCHEDULE OF RATES, ESTABLISHING A METHOD AND PROCEDURES FOR ADJUSTMENT OF FEES, DIRECTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS, ESTABLISHING A STORMWATER UTILITY TRUST FUND; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Following discussion among the Board, the Village Attorney was asked to create such as ordinance for first Reading and Public Hearing at the next meeting 1(b) MOTION TO AUTHORIZE THE VILLAGE MANAGER TO CONTRACT WITH S 0 S PLUMBING TO CLEAN ALL AUGER DRAINS, CATCH BASINS, ETC AT A COST NOT TO EXCEED $15,000 IN ACCORDANCE WITH A METROPOLITAN DADE COUNTY CONTRACT WHICH WAS PREVIOUSLY BID ON PUBLICLY Following a brief report by the Village Manager, and discussion among the Board, Trustee Sime moved that the Village Manager be authorized to enter into a contract with S () S Plumbing, as recommended by the Village Manager, to clean all auger drains, catch basins, etc Vice Mayor Sullivan seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Ra-co Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes INTERLOCAL AGREEMFN T WITH METROPOLITAN DADE COUNTY - Page 3 of 8 ADDITIONAL PARKLAND AMENDMENT (CRANDON PARK) - The village Attorney reported on the status of the Interlocal Agreement with Metropolitan Dade County after which, the Board of Trustees instructed the Attorney to proceed along the lines previously defined by the Board with regard to the land leasing arrangements 8(b) VILLAGE MANAGER REPORT ! hens previously taken out of order 2 STATUS OF REQUEST FOR PROPOSALS A AUDITOR - MOTION TO AUTHORIZE THE VILLAGE MANAGER TO NEGOTIATE A CONTRACT AND THAT A RANKING ORDER OF PREFERENCE BE DETERMINED BY THE BOARD WITH REGARD TO THE FOLLOWING FIRMS KPMG PEAT MARWICK AND RACHLIN & COHEN Following lengthy discussion among the Board and comments from the public, Vice Mayor Sullivan moved that the Village Manager be authorized to negotiate a contract with Rachlin & Cohen and that should negotiations fail that negotiations begin with KPMG Peat Marwick The motion was seconded by Trustee Fried and carried (4-3) with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill lia, Trustee Rasco NQ, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte N2 2(b) VILLAGE ENGINEER BUILDING OFFICIAL MOTION TO AUTHORIZE THE VILLAGE MANAGER TO NEGOTIATE A CONTACT AND THAT A RANKING ORDER OF PREFERENCE BE DETERMINED BY THE BOARD WITH REGARD TO THE FOLLOWING FIRMS C A P ENGINEERING CONSULTANTS/CROWDER-MAHONEY, CROWDER-MAHONEY, AND BERRY AND CALVIN Following lengthy discussion among the Board, Trustee Sime moved that the firms be ranked in the following order 1 C A P Engineering Consultants/Crowder-Mahoney, 2 Crowder -Mahoney, and 3 Berry and Calvin, and that the Village Manage be authorized to negotiate a contract with the firm ranked No 1 (CAP Engineering/Crowder-Mahoney) The motion was seconded by Trustee Brody and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 2(c) LANDSCAPE ARCHITECT - The Village Manager requested a motion to authorize the negotiation of a contract with one of the following firms in the order shown A Gail Boorman & Associates O'Leary Design Associates, or Curtis -Rogers Following brief discussion, Trustee Fried moved that the Village Manager be authorized to negotiate a contract with the one of the firms in the order as recommended by the Village Manager Trustee Sime seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yea, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 2(d) MASTERPLAN CONSULTANT The Village Manager reported on recommended procedures for interviewing of Masterplan Consultant applicants Following the report and discussion from the Board, Trustee Page 4 of 8 moved that the Board of Trustees approve and accept the recommendation of the Village Manager with regard to interviewing Master Plan Consultant candidates, substituting seven candidates for five to be interviewed The motion was seconded by Trustee Sime and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 3 PERSONNEL The Village Manager reported on the status of each of the following positions (a) POLICE CHIEF • applications still being received (b) DIRECTOR OF RECREATION - applications still being received (c) VILLAGE CLERK - Jim Parish, Consultant will have a list of three candidates for the position by the next meeting of the Board (d) SECRETARY \SSISTANCE - Having difficulty obtaining 4 BEAUTIFICATION PROGRAM • MOTION TO CONTACT WITH THE LOWEST RESPONSIBLE BIDDER FOR CLEARING AND TRIMMING - The Village Manger requested such a motion Following discussion from the Board and comments from the public, Trustee Brody moved that the Board authorize the Village Manager to enter into a contract with the lowest responsible bidder for clearing and trimming Trustee Stine seconded the motion, which carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Same Yes, Vice Mayor Sull van Yes, Mayor Conte Yes c--7-cgeAcm01)0) Following additional discussion regarding the design conpept, Trustee Fried moved that the Board of Trustees approve the conceptual design as delineated by the Village Manager Trustee Rasco seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yea, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 5 REPORT FROM THE VILLAGE ENGINEER - Carlos Penin submitted the attached written report detailing the status of the following projects Miscellaneous paving and drainage improvements (302201), Resurfacing of Island Drive (30E213), Sanitary Sewer Extension along Allendale Drive (30E215), Three-way Stop sign at West Heather and Fernwood Road, Miscellaneous Drainage Maintenance (30E216), Stormwater Utility Ordinance & NPDES Permitting (30E215), Storm water Master Plan (30E216), Southern Bell, Single Families Building and Zoning, and Code Enforcement 6 MONTHLY FINANCIAL REPORTS - Trustee Brody reviewed the attached financial reports for the Board and announced that future reports will be prepared by the Finance Director, atilizing software and computer at the Village Offices 7 FLORIDA LEAGUE OF CITIES CONFERENCE WEDNESDAY, AUGUST 19, 1992 THROUGH SATURDAY AUGUST 22 1992 - the Village Manager announced the convention and recommended that each member of the Board attend Page 5 of 8 8 CHARTER AMENDMENT CALENDAR - Finance Director Jack Newatadt issued a memorandum, which was attached to the Agenda outlining the calendar dates for Charter Amendment The Village Attorney reviewed the legalese with regard to possible charter amendments by .the Village 9 APPRAISERS - UPDATE - The Village manager gave an update on the status of the appraiser He advised that the Board might have to meet in an executive session in order to review 10 1992-93 BUDGET SCHEDULE - The Village Manager issued a memorandum, which was attached to the agenda, outlining the procedures for assessment of Ad Valorem (property) taxes Included in the packet, was a Certification and Budget Timetable S(c) MAYOR AND TRUSTEES 8(c)1 U S POST OFFICE (951 CRANDON BLVD) - NOISE AND PARKING PROBLEMS Following discussion among the Board and comments from the public, the Board requested that Village Engineer Carlos Penin review the parking situation and report back to the Board with possible resolution to the problems 8(c)2 APPOINTMENT OF A SPECIAL MASTER • IN ACCORDANCE WITH CODE ENFORCEMENT ORDINANCE 92-14, SECTION 3, PARAGRAPH 3(A), THE MAYOR SHALL APPOINT SPECIAL MASTERS SUBJECT TO THE RATIFICATION OF THE BOARD OF TRUSTEES A MOTION TO APPOINT MR WILLIAM E CROYSDALE, 550 OCEAN DRIVE, APT 9E, (305) 361-1096 The Village Manager reported that Mr Croysdale was the only applicant received to date Mayor Conte asked for ramification by the Board of Mr Croysdale as a Special Master Trustee Brody moped that the Board ratify the appointment by the Mayor Mayor Conte seconded the motion which carried L6-1), with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yea, Trustee Sime Yes, Vice Mayor Sullivan No, Mayor Conte Yes 8(d) COMMITTEE REPORTS. 1 SEAL AND MOTTO COMMITTEE Dr Mandri, Chairman, reported that the Seal and motto will have a complete report for the Board and will submit 4 contemporary, 3 logo and 3 heraldic (already selected by the Board) designs for a vote by the Board at the July 28, 1992 meeting 2 MASTER PLAN COMMITTEE - No report was given 3 HURRICANE PREPAREDNESS AND EMERGENCY MANAGEMENT COMMITTEE. No report was given 9 RESOLUTIONS The following resolution was read and copies shall be attached to these fully executed minutes A A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE EXPRESSING ITS OPPOSITION TO MAP 8 OF THE DRAFT MANATEE PROTECTION PLAN, AS PREPARED BY THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT RECOMMENDING THE Page 6 of 8 ESTABLISHMENT OF SPECIAL USE MARINAS/'TRANSIENT DOCKS IN BILL BAGGS STATE PARK, INSTRUCTING THE VILLAGE MANAGER TO SUBMIT FORMAL COMMENTS OBJECTING TO SAME, PROVIDING AN EFFECTIVE DATE Following discussion, Trustee Fried moved that the Resolution be adopted as read The motion was seconded by Trustee Sime and carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes B A RESOLUTION OF THE MAWR AND BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADVISING THE PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE, AND OF THE PUBLIC HEARING TO BE HELD SEPTEMBER 22, 1992 TO CONSIDER THE TENTATIVE MILLAGE RATE AND TENTATIVE BUDGET, ALL REGARDING THE CITY'S 1992-93 FISCAL YEAR BUDGET Following discussion, Trustee Brody moved that this resolution be deferred to the next meeting Trustee Sime seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yea, Trustee Fried Yes, Trustee Hill Yes. Trustee Rasco Yes, Trustee Suite Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes C RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FOR PERFORMANCES BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH PART II OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT APPLICATION BY THE VILLAGE OF KEY BISCAYNE Following brief discussion, Trustee Fried moved that the Resolution be approved as read Trustee State seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee State Yes, Vice Mayor Sullivan Yee, Mayor Conte Yes B A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AGREEMENTS TO PROVIDE ENGINEERIN(! SERVICES AND BILLING AND COLLECTION SERVICES AND ANY OR ALL DOCUMENTS REQUIRED TO EXPEDITE THE OPERATION OF THE SrORMWATER UTILITY FOR KEY BISCAYNE, FLORIDA Trustee Fried moved that the resolution be approved as read Mayor Conte seconded the motion which carried unanimously with each Trustee voting as follows Trustee Brody Yes, Trustee Fried Yes, Trustee Hill Yea, Trustee Rasco Yes, Trustee Stage Yes, Vice Mayor Sullivan Yes, Mayor Conte Yea E A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION AND RELATED SERVICES PROVIDING FOR AN EFFECTIVE DATE Following brief discussion, the board concurred that the this item be deferred to the next meeting 10 OTHER BUSINESS/GENERAL DISCUSSIONS Trustees Fried, Hill and Rase° each advised that they would be out of town for the next meeting and would be unable to attend Discussion ensued as to whether or not to cancel the July 28th meeting due to the potential for a lack of a quorum No action tank pisce in this regard Page 7 of 8 ( ( 11 MEETING ANNOUNCEMENTS The following announcements were made Next Regular monthly Board of Trustees Meetlog, Tuesday, July 28, 1992, 7 00 p m , Key Biscayne Elementary School, 150 West McIntyre Street, Cafeteria Room 12 ADJOURNMENT Mayor Conte adjourned the meeting at 10 45 p m following a motion to adjourn by Vice Mayor Sullivan Submitted for approt al by Beatris M Arguelles, Recording Secretary Approved this U day of x,, 0 , 1992, Any person wishing to appeal any decision made by this Board with respect to any matter considered at this meeting will need a record of the proceeding and for such purposes may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal it made ba • Page 8 of 8