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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 01/28/92 - MINUTES Page 1 of 11 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 01/28/92 - MINUTES Page 2 of 11 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 01/28/92 - MINUTES Page 3 of 11 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) 01/28/92 - MINUTES Page 4 of 11 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 01/28/92 - MINUTES Page 5 of 11 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 01/28/92 - MINUTES Page 6 of 11 f ) ) 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 01/28/92 - MINUTES Page 7 of 11 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 Page 8 of 11 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 01/28/92 - MINUTES 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 Page 11 of 11