HomeMy Public PortalAbout01-28-92 Regular Council Meeting.tifVILLAGE OF KEY BISCAYNE, FLORIDA
MINUTES
REGULAR MONTHLY BOARD OF TRUSTEES MEETING
Tuesday, January 28, 1992
Key Biscayne Elementary School, Cafeteria
1 CALL TO ORDER/ROLL CALL OF MEMBERS Mayor Conte called the
meeting to order at 7 10 p m The following Trustees were
also present Cliff Brody, Mortimer Fried, Michael Hill and
Joe Rasco Trustee Luis Lauredo arrived shortly after Item
9 (a) was opened for discussion Vice Mayor Sullivan was
absent
2 INVOCATION The invocation was offered by Assistant Pastor
Pat Arnold, Key Biscayne Presbytarian Church
3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge
4 PRESENTATION BY TRUSTEE LAUREDO RE; PUBLIC SERVICE COMMISSION
APPOINTMENT Trustee Lauredo not being present, the Board
unanimously (6-0) concurred that this item be discussed upon
his arrival
5. APPROVAL OF THE MINUTES Approval of the January 7th, 8th &
14th minutes was deferred until the next meeting, February
11, 1992
6. AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS:
Trustee Hill moved item 11 (A) be taken out of order The
motion carried unanimously (6-0) upon being duly seconded
11 OTHER BUSINESS/GENERAL DISCUSSIONS• (item taken out of order)
A PRESENTATION BY RICHARD MONTALBANO, KIDDER-PEABODY &
COMPANY, INC RE, BOND FINANCING CAPACITY OF THE VILLAGE
GOVERNMENT (Placed on the Agenda by Trustee Hill)
Trustee Hill stated that at the request of Trustee
Lauredo, the Board requested that an expert in the field
of Bond Financing be asked to address the Board in this
regard as it relates to the Village He introduced Mr
Montalbano as a former finance director of Metropolitan
Dade County and former finance director of the City of
St Petersburg and the Senior Vice President of
Kidder -Peabody & Co , Inc , an investment banking firm
Mr Montalbano distributed the attached fundamentals of
Municipal financing and gave a brief overview of the
financing process and municipal debt He gave a brief
overview of the past decade of municipal finance
regarding long-term bonds He stated that since the
Village is a new municipality, it must establish a track
record in order to establish credibility with the
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markets He added that in order for the Village to be
able to establish credibility, it needs to focus on the
Village Management and how management implements the
policies and budget of the Village Government and the
interaction of the newly elected legislative branch with
its citizens He stated that the "debt to ratio"
capacity of the Village is non-existant at this time
He advised the Village to establish the organization
with stability and credibility prior to entering in to
debt He stated that he would be willing to meet with
the Village Manager, once appointed, to work with the
him/her with regard to budgeting for the following year
4. PRESENTATION BY TRUSTEE LAUREDO RE; PUBLIC SERVICE COMMISSION
APPOINTMENT (previously deferred at this meeting) - Trustee
Lauredo reported that he had applied for the Public Service
Commission (PSC) in January and that he was appointed on
January 22, 1992 He stated that he will resign from the
Board of Trustees as of the date of taking the Oath of Office
for the PSC, tentatively scheduled for February 4, 1992 He
stated that he will maintain a residence in Key Biscayne and
commute to Tallahassee to perform his duties on the
Commission He thanked the residents of the Village, and
added that he will be resigning with great regret because he
felt that the Village was making progress The Mayor
congratulated Trustee Lauredo for his achievement and the
Board and audience responded with a round of applause The
Mayor asked, that Trustee Lauredo contribute to the Village
by attending meetings whenever he is in town
Village Attorney Richard Weiss reported that he had been in
contact with the PSC General Counsel who informed him that
the appointment is made by the Governor on a temporary basis
until ratified by the Senate He stated that a vacancy would
exist on the Board of Trustees upon Trustee Lauredo being
sworn in by the Governor
The Attorney announced that a Presidential Preference Primary
would be held on March 10, 1992 through which the Village
would be able to hold its special election to fill the
vacancy This would be in conjunction with the County
Election to be held on that date He stated that should the
Village hold its own special election, not in conjunction
with the County's, it would cost from $5,000 to $10,000 He
stated that forseeing the potential decision by the Board of
Trustees, he had drafted an Emergency Ordinance calling for a
special election on March 10, 1992 He added that should the
Village wish to hold its election on March 10th, the names of
those candidates qualifying must be submitted to the Dade
County Supervisor of Elections office no later than 4 00 p m
on Tuesday, March 4, 1992
Trustee Fried moved that the Emergency Ordinance calling for
a special election be placed on the Agenda The motion was
seconded by Trustee Rasco and passed unanimously (6-0) by the
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Board The Village Attorney distributed the ordinance to the
Board for discussion
The following ordinance was read into the Agenda (attached)
EMERGENCY ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, CALLING A SPECIAL ELECTION FOR MARCH 10,
1992 TO FILL A VACANCY ON THE BOARD OF TRUSTEES,
PROVIDING REQUIREMENTS FOR QUALIFYING; PROVIDING
FOR NOTICE OF THE SPECIAL ELECTION, PROVIDING FOR
THE CANVASSING OF THE ELECTION RETURNS AND
CERTIFICATES OF ELECTION, PROVIDING FOR THE ADOP-
TION OF THE STATE ELECTION CODE, PROVIDING A
PROCEDURE IN THE EVENT OF VACANCY IN CANDIDACY; DE-
CLARING AN EMERGENCY TO EXIST, PROVIDING FOR
SEVERABILITY AND EFFECTIVE DATE
Trustee Lauredo moved that the Board adopt the Ordinance
The motion was seconded by Trustee Fried and passed
unanimously (6-0) by the Board
The Village Attorney suggested that the Board instruct the
Clerk as to the means of announcing the special election
The Board instructed the Clerk to use the quarter page ad
that she had reserved with the Islander, as well post
announcements at Winn Dixie, Pantri Pride, Vernon's drug
store, Key Biscayne Bank and other locations where residents
congregate
Trustee Lauredo moved that item 11 (b) be taken out of order
Trustee Hill seconded the motion, which carried unanimously (6-0)
11. B. DISCUSSION ON POSSIBLE ACQUISITION OF "REBOZO" PROPERTY
FOR PUBLIC USE. (Placed on the Agenda by Trustee
Lauredo) Trustee Lauredo stated that the large parcel
of land known as the "Rebozo" property is presently
undeveloped and is in the heart of the community and may
be a potential site for future public use He asked Mr
Montalbano as to the capacity of the Village of
acquiring the property Mr Montalbano stated that a
specific capital project and the costs must be analyzed
prior to defining revenue sources for financing the
project Trustee Lauredo suggested that the Board
should investigate the options as it relates to the
Village potentially acquiring the property
Trustee Brody moved that Trustee Fried be appointed to
work with the Attorney with regard to exploring options
as to the feasibility of such a project (acquisition of
the "Rebozo" property for possible future public use)
Trustee Lauredo seconded the motion, which carried
unanimously (6-0) Trustee Fried accepted the
appointment and stated that the Village may be able to
purchase the property through municipal bonds, which
would be both beneficial to the Village and to the
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seller of the property Trustee Brody stated, for the
record, that the Board is seriously interested in this
project, and that it should be publicly known that the
Village is committed the project based upon on
reasonable terms that may be agreed upon
7 ORDINANCES - FIRST READING
ORDINANCE No.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, DESIGNATING THE VILLAGE BOARD OF TRUSTEES
AS THE LOCAL PLANNING AGENCY FOR THE VILLAGE;
PROVIDING FOR TRANSMITTAL, PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
Village Attorney Weiss stated that this ordinance would be
the first ordinance to be included in the Code of the
Village Trustee Lauredo moved that the ordinance be passed
on First Reading The motion was seconded by Trustee Rasco
and carried unanimously by the Board (6-0)
ORDINANCE No.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; PROVIDING FOR MODIFICATION OF THE
PROVISIONS OF CHAPTER 33 "ZONING" OF THE CODE OF
METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE
VILLAGE OF KEY BISCAYNE PUSUANT TO SECTION 8.03 OF
THE VILLAGE CHARTER; VESTING JURISDICTION AS TO
ZONING MATTERS IN THE BOARD OF TRUSTEES OF THE
VILLAGE IN LIEU OF OFFICIALS, COMMITTEES AND BOARDS
OF METROPOLITAN DADE COUNTY CURENTLY EXERCISING
SUCH JURISDICTION; PROVIDING FOR DELEGATION BY THE
BOARD OF TRUSTEES TO AN INDIVIDUAL TRUSTEE OR OTHER
PERSON TO REVIEW AND SIGN -OFF OF ALL PERMIT
APPLICATIONS FOR ZONING COMPLIANCE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
Trustee Lauredo moved that the Ordinance be passed on First
Reading The motion was seconded by Trustee Rasco and
carried unanimously by the Board (6-0)
8. RESOLUTIONS.
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE
MAYOR ON BEHALF OF THE VILLAGE TO EXERCISE THE
OPTION CONTAINED IN THE OFFICE BUILDING LEASE
AGREEMENT WITH KEY BISCAYNE BANK AND TRUST COMPANY
AND PROVIDING FOR AN EFFECTIVE DATE
Trustee Lauredo moved that this item be deferred until the
next meeting, February 11, 1992 The motion was seconded by
Trustee Fried and carried unanimously by the Board (6-0)
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9 BUILDING AND ZONING/ADMINISTRATIVE DECISION'
A KEY BISCAYNE HOTEL & VILLAS
1 Relocation of the Sales and Information Center from
the approved location to a new location adjacent to
the Crandon North Entrance Purpose to make Sales
and Information Center more accessible to the
customers by reducing travel distance from Crandon
Boulevard North Entrance
2 To modify the Crandon Boulevard South entrance and
perimeter wall features from the approved Design
Development Concept Drawings Purpose. to provide
Construction Permit Drawings with fully developed
construction detail
Trustee Brody reported that Metropolitan Dade County,
acting as Village Staff, has asked that the Village make
an administrative decision with regard to the
applicant's requests, advising that the requests conform
with the original development order that has already
been approved by Dade County He stated that had the
Village not incorporated, this decision would have been
made by the Director of Building and Zoning
Consulting Engineer Daniel Nieda recommended approval of
request No 1 with conditions, and approval of Request
No 2 He stated that the Left Turning movement from
the drive way of the proposed Sales and Information
Center into Ocean Drive should be prohibited, and a des-
ignated Right Turn Only Land should be provided to
direct traffic towards the first rotunda where the
proper exit may be provided He also recommended that
the applicant prepare a revised Site/Vehicular
Circulation Plan by the Village of Key Biscayne
(complete recommendation attached)
Eric Ness representing the Developer stated that the
recommendations are acceptable to the developer and that
a revised circulation Plan will be submitted to the
Village for approval
Resident Marie Kirk, representing the Key Biscayne
Property Taxpayers stated that the KBPT is in agreement
with the Consultant's recommendations relating to this
project She questioned Mr Ness regarding what will be
done with the building (Temporary Sales Center) after
all units in the building are sold and the facility is
no longer needed Trustee Brody stated that the
developer will have no use for the building once all
units are sold, and that there have been general discus-
sions with the developer with regard to the possibility
of the building being donated to the community, adding
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that this possiblity had not been confirmed Mr Ness
agreed with Trustee Brody, adding that in the event that
the facility is donated to the community it would have
to be relocated since it cannot stay situated in the
planned location
Trustee Lauredo moved that the Board approve the project
as in substantial compliance with previously approved
plans, with conditions Trustee Brody seconded the
motion which carried unanimously (6-0)
Trustee Brody asked for clarification as to what the
pleasure of the Board is with regard to his authority to
use discretion with regard to delegating work to the
Consultant Trustee Rasco suggested that this issue be
discussed at the meeting of February 25, 1992 at which
an Ordinance will be discussed on Second reading The
Board concurred
10. REPORTS AND RECOMMENDATIONS
A. MAYOR AND TRUSTEES•
1. FACILITIES:
A. OFFICE SPACE UPDATE - Deborah Neve gave a
brief update on the construction of the office
space She stated that a portion of the space
has undergone the demolition process and some
of the remodeling has taken place She asked
that any Board Member that would like to
participate in the selection of the color
scheme for the facilities should contact her
in order to schedule an appropriate time and
place With regard to office furniture, she
recommended modular "systems" furniture as
opposed to "free-standing" furniture, because
of its versatility and ease of movement (for
rearranging) She also recommended steel
furniture as opposed to wood She stated that
she has contacted manufacturers of systems
furniture in order to obtain quotes She
reported that she will review the bids with
regard to content and that she will give those
bids to the Board for a decision She stated
that she will not make a recommendation as to
which of the Bids the Board should select, but
mearly assure that each of the bids are
comparable as to content
Trustee Lauredo suggested that furniture for
the "conference room" be delayed until after a
Manager has been appointed, since the he/she
may wish to use the conference room as his/her
office
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i
Ms Neve asked the Board as to whether or not
a presentation before the Board should be
scheduled for the next meeting by the
furniture manufacturers The Board concurred
that literature should be submitted as opposed
to presentations
Trustee Hill suggested that a comparison with
rental vs purchase of furniture be prepared
for consideration by the Board Ms Neve
stated that she would supply the Board with a
comparison at a future meeting
B OPTION FOR SECOND FLOOR SPACE HAS BEEN EX-
TENDED TO FEBRUARY 15, 1992. See item No 8
2 STATE UNEMPLOYMENT INSURANCE - Placed on the Agenda
by Trustee Brody - Trustee Brody stated the Board
previously voted to opt -out of paying Unemployment
Insurance on the basis that a municipal government
may exempt itself from the unemployment tax He
stated that on a Federal level the Village is
exempt, but that on the State level the Village
would have to reimburse the State on a dollar for
dollar basis should there be a claim He
recommended that the Board pay the tax ($17 50 per
employee per year) due to the fact that there may
be claims in the future since the Village will be
hiring and firing many employees in the future He
stated that once a decision is made, it must be
adheared to for a minimum of two years Trustee
Brody moved that the Board elect to pay the tax
Trustee Lauredo seconded the motion which carried
unanimously (6-0)
B. VILLAGE ATTORNEY:
1 REPORT RE• KEY BISCAYNE COUNCIL, INC. SIGNING OFF
ON LITIGATION RE, SEAQUARIUM - Report requested by
Trustee Fried - Trustee Fried expressed concern
with the fact that the Key Biscayne Council had not
yet signed off on the litigation matter Attorney
Helfman stated that the appeal has been dismissed
by the Council With regard to the pending
litigation, he stated that the Council must submit
to the Village a formal assignment of their rights
He stated that the Council has been asked for this
documentation, adding that the Village may not take
any formal action in this regard until the Council
approves the formal assignment President Betty
Sime stated that she has been trying to coordinate
a meeting of the Council in order to vote on this
matter Attorney Helfman urged that the Council
meet as early as possible in this regard
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2 Attorney Helfman reported that at a previous
meeting he was asked to investigate whether or not
the Village was violating any law by issuing
building permits where there may be inadequate
parks He stated that the Growth Management Act
includes language on concurrency which states that
a local government is prohibited from issuing any
type of development approvals or development
permits (including building permits) if the level
of service and the capacity of their public
facilities will be deminished below an acceptable
level by the issuance of that approval He stated
that the Village is not presently violating any
laws by authorizing Metropolitan Dade County to
issue building permits He stated the Village has
assumed the Metropolitan Dade County Code, which
includes provisions for concurrency, adding that at
present there is approximately 1 acre (approx 300
additional residents) of capacity left for which
permits may be issued without violation He added
that once the Village adopts its own plan and
establishes its own level of services this issue
will be addressed and a procedure established
Trustee Lauredo asked that Item 11(e) be taken out of order By
consensus, the board agreed to take the item out of order
11. E REVIEW OF INTERNATIONAL TENNIS CENTER STADIUM - Placed
on the Agenda by Trustee Lauredo - Trustee Lauredo
requested that Betty Sime, Key Biscayne Council, Inc
President, report with regard to whether or not a
tri-party agreement hed been reached between the KBC,
Metropolitan Dade County and Leasees of the
International Tennis Center including a restriction that
the stadium be used for tennis only with limitations to
specific dates and specific parking arrangements Betty
Sime stated that the basis of the law suit presently
pending by KBC relates to concurrency, specifically
traffic She stated that a consultant has reviewed the
traffic during the Liption Tournament and found that
when the Stadium is filled there is a violation of the
Masterplan's Concurrency regulations She reported that
an effort was made by KBC Attorney Gene Stearns to work
with County Commissioners to reach a compromise that
will create a legal binding document whereby the actual
use of the stadium is delineated (for tennis only) She
stated that there was never any document signed, but
mearly an effort to compromise, was made in this regard
She suggested that the Board of Trustees vote to
continue an effort to reach a compromise in this regard
Trustee Fried suggested that the Board appoint a Trustee
to work with the County with regard to this matter
Trustee Lauredo stated that the Board should,
independent from any lawsuits presently pending by the
01/28/92 - MINUTES
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KBC, explore with the County how the Village may be able
to limit the use of the stadium scheduled to be built
Trustee Lauredo then moved that the Board of Trustees
appoint a Trustee, inconjunction with the Attorney, to
explore the alternatives in this regard Trustee Fried
seconded the motion Trustee Rasco clarified the intent
of the motion, stating that there is no judgement from
the Village as to the Stadium, but mearly that should
the stadium be built, the Village would like to see some
restrictions as to the use of the Stadium The question
was called and the Board voted unanimously (6-0)
Trustee Hill was appointed as the Trustee to work with
the Attorney in this regard
C COMMITTEE REPORTS.
1 VILLAGE MANAGER SEARCH: Dr Steve Simon, Chair -
Mayor Conte read a letter from the International
City Managers' Association commending Dr Simon and
the Village Manager Search Committee Dr Simon
reported that the Village Manager Search Committee
has narrowed the list of 24 to eight (8) candidates
(attached) that will be submitted to James Parrish
for background checks and further information He
stated that the Committee will narrow the list
further to four (4) candidates that will be
submitted for interviews by the Board of Trustees
He asked that the Board of Trustees reschedule the
February 11, 1992 Meeting to February 12th, so that
interviews may be scheduled for Monday, February
10th and Tuesday, February llth
Trustee Lauredo moved that the Board of Trustees
accommodate the wishes of the Village Manager
Search Committee Chairman and reschedule the
February 11, 1992 Board of Trustees Meeting to
February 12, 1992, and further,to reimburse Trustee
Brody for travel expenses he will incur (returning
from vaction early) to be in attendence at the
meetings The motion was seconded by Trustee Fried,
and carried unanimously (6-0)
Chairman Simon reported
unanimously to recommend
utilize the services
Management Group, Inc
consumate the agreement
the Board of Trustees
that the Committee voted
that the Board of Trustees
of the Florida Public
, Jim Parrish to help
between the candidate and
Chairman Simon also reported that the Commitee is
in the process of scheduling a number of public
events for the weekend prior to the interviews He
stated that various members of the community, i e
the Chamber of Commerce, the Islander News, the
Athletic Club, and the PTA, have been invited to
01/28/92 - MINUTES
Page 9 of 11
attend these events, and that Fernando Figueredo of
Southern Bell, as a member of the Chamber of
Commerce, has offered to underwrite the expenses
that will be incurred for those events at the
Sheraton A tour will also be scheduled He
reiterated that the events will all be in the
"Sunshine" with public participation encouraged
Trustee Hill asked that item 11 (D) be taken out of order The
Board concurred
11 D DISUCSSION RE; HOLDING BOARD OF TRUSTEES MEETINGS AT THE
SHERATON ROYAL BISCAYNE HOTEL - Placed on the Agenda by
Trustee Hill Trustee Fried stated that he had contacted
Pauline Revelli, Director Public Realtions at the
Sheraton in this regard He stated that she advised
that she would speak with the Manager in order to
investigate if such meetings can be arranged
Trustee Hill moved that a Trustee be appointed to
continue conversations with the Sheraton Royal Biscayne
to discuss the feasibility of moving the Board Meetings
to that location The motion was seconded by Trustee
Lauredo The motion failed due to a tie, with the Board
voting as follows C Brody No, M Fried No, M Hill
Yes, L Lauredo Yes J Rasco Yes R Sullivan Abs.
Mayor Conte No
Trustee Lauredo moved that all items remaining on the Agenda be
deferred to the next meeting The Board concurred
2 VILLAGE CLERK SEARCH Edward Stone, Chair - Report
deferred
3 MASTERPLAN Frank Caplan, Chair - Report Deferred
A Workplan and Timetable - No Board action
4. FIRE/RESCUE. Richard Cromartie, Chair - Report
Deferred
5 SEAL & MOTTO Dr Daniel Mandri, Chair - Report
Deferred
11. OTHER BUSINESS/GENERAL DISCUSSIONS.
A Item taken out of order
B. Item taken out of order
C. DISCUSSION RE; CHARGING A FEE FOR DUPLICATING DOCUMENTS
FOR THE PUBLIC - Placed on the Agenda by Mayor Conte -
No discussion Item deferred to the next meeting
D Item taken out of order
E Item taken out of order
F. DISCUSSION RE, VOTER REGISTRATIONS - Placed on the
Agenda by Trustee Rasco - No discussion Item deferred
to the next meeting
12 APPROVAL OF THE BILLS payment of the bills was deferred
until the next meeting of the Board of Trustees
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Page 10 of 11
13 ANNOUNCEMENTS The following announcements were made
A NEXT REGULAR MONTHLY BOARD OF TRUSTEES MEETING: 7 00
P M , Wednesday, February 12, 1992
B POLICE COMMITTEE MEETING' 3 00 p m Wednesday, January
29, 1992, 3 00 p m , Village Offices
C MASTERPLAN COMMITTEE MEETING: 7 30 p m , Thursday,
January 30, 1992, Sheraton Royal Biscayne
D SEAL & MOTTO COMMITTEE. 10 00 a m , Saturday, February
1, 1992, St Agnes Academy
E FIRE/RESCUE COMMITTEE 4 00 p m , Monday, February 3,
1992, Sheraton Royal Biscayne
14 ADJOURNMENT. Mayor Conte adjourned the meeting at 10 08 p m
after a motion by Trustee Lauredo
Submitted for approval bye
Beatris M. Arguelles,
Interim Village Clerk
Approved this g\'5
- day o
motion by -Y)1flrv\ C-a\AAUC
1992. After a
seconded by , the
Board voted as follows
C Brody M. Fried_ M. Hill
Sullivan Mayor Conte
Beatris M Arguelles,
Interim Village Clerk
Rasco
Vice Mayor
Rafael Conte, Mayor
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
is made
01/28/92 - MINUTES
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