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
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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
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"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
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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 -
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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
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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
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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
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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
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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
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