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Home My Public Portal About02-12-92 Regular Council Meeting.tifMINUTES REGULAR MONTHLY BOARD OF TRUSTEES MEETING 7 00 P M , Wednesday, February 12, 1992 (Rescheduled from Tuesday, February llth) Key Biscayne Community Center, 355 Glenridge Road 1. CALL TO ORDER/ROLL CALL OF MEMBERS. the meeting was called to order at 7 08 p m by Mayor Conte The following Trustees were also present Clifford Brody, Mortimer Fried, Michael Hill, Joe Rasco and Vice Mayor Ray Sullivan 2. INVOCATION. Col Thomas Chegin offered the invocation 3. PLEDGE OF ALLEGIANCE Mayor Conte led the pledge 4. APPROVAL OF THE MINUTES the minutes of January 7, 1992 (previously deferred), January 8, 1992 (previously deferred) and January 14, 1992 (previously deferred), were approved unanimously as submitted, after a motion by Trustee Fried was seconded by Vice Mayor Sullivan 5. AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS: The Mayor asked the Clerk to introduce additions to the Agenda The Clerk stated that there were a number of items that had been requested to be rearranged on the Agenda for the time -saving purposes, as well as an addition of an item that had been previously deferred (Resolution re, second floor office space option and Office furniture selection) She stated that she had printed a revised Agenda for Board approval Trustee Brody moved that the items be placed on the Agenda for discussion Trustee Fried seconded the motion, which carried unanimously (6-0) Trustee Hill moved to include an item in the Agenda as Item 13-D regarding his appointment by the Board to discuss transitional Fire/Rescue matters with the County The motion was seconded by Mayor Conte Trustee Brody moved that the Board approve the revised Agenda as prepared by the Clerk The motion was seconded by Trustee Fried and carried unanimously by the Board 6 ORDINANCES - FIRST READING - None 7 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 THE KEY BISCAYNE BANK AND TRUST COMPANY AND PROVIDING AN EFFECTIVE DATE MINUTES - 02/12/92 Page 1 of 7 Trustee Fried moved to approve the resolution as read Vice Mayor Sullivan seconded the motion, which carried unanimously (6-0) (Resolution # 92-12 attached) 8. BUILDING & ZONING/ADMINISTRATIVE VARIANCE: Trustee Brody (Consultant recommendations attached) A. No. 91 -AV -401 - P&J PARTNERSHIP, 355 ATLANTIC ROAD 1 Non-use Variance of setback requirements to permit continued use of existing Wood Patio Deck with 12 5 ft (25 0 ft required) from the rear (East) property line Also 6 0 ft (7 5 ft required) from the interior side (South) property line 2 Non-use variance of setback requirements to Permit Single Family Residence to setback 24 984 ft (25 0 ft required) from the from (West) property line Purpose: to obtain Administrative Variance of current setback encroachments The applicant requested that request No 1 be withdrawn and the Board granted the request to withdraw Trustee Brody moved that the Board of Trustees approve the remaining request (No 2) The motion was seconded by Trustee Fried and carried unanimously (6-0) Resolution No Z-14-92 attached B. No 92 -AV -14 - 655 GLENRIDGE ROAD (ESTATE OF VIRGINIA ELIZABETH DICKEY) 1 Non-use variance of setback requirements to permit continued use of existing addition setback of 22 43 ft where 25 0 ft is required from the rear (East) property line Purpose to obtain Administrative Variance of current setback encroachments Trustee Brody moved that the Board approve Building and Zoning Variance No 92 -AV -14 as requested The motion was seconded by Trustee Fried, and carried unanimously (6-0) Resolution No Z-15-92 attached 9. REPORT FORM THE VILLAGE ENGINEER RE, RESURFACING OF VILLAGE ROADS - item requested by Trustee Joe Rasco Village Engineer Carlos Penin, presented the attached report to the Board, through which he requested authorization to negotiate with a Contractor (Church & Tower of Florida, Inc ) for a full section pavement restoration, needed because of the 8 Force Main Extension Project for which Dade County has advised will repave only a half road section Following the report, Trustee Fried moved that the Village Engineer and the Attorney be authorized to develop the proper documentation to work with Water and Sewer Authority (WASA) MINUTES - 02/12/92 Page 2 of 7 and Dade County and negotiate with the Contractor (Church & Tower of Florida, Inc ) as suggested by the Village Engineer, and that the competitive bid process for contracting such services is impracticable and shall be waived due to the urgent nature of this project The motion was seconded by Trustee Rasco and carried unanimously (6-0) 10 FACILITIES - Placed on the Agenda by Vice Mayor Sullivan A. DISCUSSION/VOTE RE, SECOND FLOOR SPACE OPTION. (Resolution Attached) - See item 7 B FACILITIES - Placed on the Agenda by Vice Mayor Sullivan - Discussion/Vote Re, Office Furniture - Debby Neve dis- tributed three bids for office furniture that have been received She reviewed the bids and stated that they are all comparable with regard to quality and price and stated that each of the bidders utilized contracts from other municipalities as a guide for the bids Trustee Hill moved that the Board defer approval of the Office furniture until such time as the Manager is able to review the bids for office furniture, and places it on the Agenda for approval The motion was seconded by Trustee Rasco The motion failed (1-5) with the Board voting as follows Trustee Brody No, Trustee Fried No, Trustee Hill Yes, Trustee Rasco No, Vice Mayor Sullivan No, Mayor Conte No. Trustee Fried moved that the selection of office furniture be deferred to the February 25, 1992 Board of Trustees meeting, in order to allow for Debby Neve to submit an "Analysis of Bids" to the Board for review The motion was seconded by Trustee Hill and carried unanimously 11. SPECIAL ITEM (Placed on the Agenda by the Board of Trustees at January 28, 1992 meeting) SELECTION OF A VILLAGE MANAGER: DISCUSSION/VOTE - Following lengthy discussion by the Board, Village Manager Search Committee Chairman Steve Simon, and Jim Parrish, Consultant, Florida Public Management Group, Inc , regarding two of the candidates, James Di Pietro and C Samuel Kissinger, for the position, and following comments (11) from the Public in favor of Mr Kissinger and comments in favor/opposition (4) Mr Di Pietro, Trustee Fried moved that the Attorney be authorized to work with the Consultant to enter into negotiations with C Samuel Kissinger to be the First Manager for the Village of Key Biscayne The motion was seconded by Trustee Hill The Board voted on the motion as follows Trustee Brody Yes (by acclamation), Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco Yes (by acclamation), Vice Mayor Sullivan Yes, Mayor Conte Yes Following the roll call vote, and prior to announcement of the vote, Trustee Brody and Trustee Rasco asked that the vote be considered Unanimous "by acclamation' to reflect a vote of confidence in Mr Kissinger as the First Village Manager MINUTES - 02/12/92 Page 3 of 7 Following brief discussion regarding the parameters through which the agreement will be created, the Board directed the Attorney to work towards an agreement which included the items in the "Profile" that had been previously created by the Board and the Committee, and that the Salary range to be offered for the position would be from $75,000 to no more than $85,000 12. REPORTS AND RECOMMENDATIONS: Trustee Fried moved that item No 's 12 A(1) and 12 A(2) be deferred to the February 25, 1992 Board of Trustees Meeting The motion was seconded by Mayor Conte and carried unanimously (6-0) A. MAYOR AND TRUSTEES* 1. DISCUSSION RE* STREET VENDORS - Placed on the Agenda by Trustee Fried - possible creation of an ordinance establishing procedure No Discussion - item deferred to next meeting 2. DISCUSSION RE: PERMITTING - Placed on the Agenda by Trustee Fried - possible creation of an ordinance establishing fees, etc No discussion - item deferred to next meeting B. VILLAGE ATTORNEY* Richard Weiss reported that the Key Biscayne Council has signed the appropriate documenta- tion for the transferrance of the assignment Re the Seaquarium He stated that he has prepared a resolution for Board approval, accepting the Assignment and Causes of Action in the case He suggested that the item be placed on the Agenda for discussion and vote Trustee Hill moved that the following Resolution be placed on the Agenda The motion was seconded by Trustee Fried A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR THE ACCEPTANCE OF AN ASSIGNMENT FROM THE KEY BISCAYNE COUNCIL, INC. TRANSFERRING ITS CAUSES OF ACTION IN CASE No 91-49040 (CA -8), IN THE CIRCUIT COURT IN AND FOR DADE COUNTY FLORIDA AND PROVIDE FOR AN EFFECTIVE DATE. Following brief discussion, Trustee Hill moved that the Resolution be adopted Trustee Brody seconded the motion which carried unanimously (6-0) (Resolution No 92-13 attached) The Village Attorney also stated that there is a vacancy on the Transition Committee due to Luis Lauredo's resignation from the Board of Trustees He suggested that the Board appoint a representative to work with him in Transitional matters with Dade County Trustee Brody moved that an item be placed on the Agenda in this MINUTES - 02/12/92 Page 4 of 7 regard Trustee Fried seconded the motion Following brief discussion, Trustee Brody moved that Vice Mayor Ray Sullivan be appointed to discuss Transitional matters with Dade County and the Attorney replacing Luis Lauredo in that capacity The motion was seconded by Trustee Brody and carried unanimously (6-0) C. COMMITTEE REPORTS 1 MASTERPLAN: Frank Caplan, Chair A. WORK PLAN & TIMETABLE - no Board action B REQUEST FOR BOARD APPROVAL OF A $1,200 BUDGET FOR MEETING LOCATIONS AND ADVERTISING OF PUBLIC "EDUCATIONAL" PROGRAM MEETINGS. Trustee Brody moved that the $1,200 budget for the purpose of securing meeting locations and advertising of meetings be approved, with expenses to be approved by the Board prior to payment The motion was seconded by Vice Mayor Sullivan and carried unanimously (6-0) 2 POLICE COMMITTEE Interim Chair, George Bon Salle submitted the Attached report, and requested that the Board approve a $300 budget allotment for the purpose traveling to other municipalities to review their Police services in order to provide a more in-depth report for the Board and the Manager Trustee Fried moved the approval of a $300 budget for the Committee with bills to be approved by the Board prior to payment The motion was seconded by Mayor Conte and carried unanimously (6-0) 3 SEAL & MOTTO Dr Daniel Mandri, Chair A REVIEW / RECOMMENDATION OF PROPOSALS RECEIVED FOR VILLAGE SEAL & MOTTO - Dr Mandri synopsised the attached report, after which, Trustee Brody moved that the Board accept the recommendation of the Committee to accept the proposal from Richard Crossett for the creation of the Village Seal, and the competitive bid process shall be waived because it is impracticable to go through the bid process at this time The motion was seconded by Trustee Fried and carried unanimously (6-0) B REQUEST FOR BOARD APPROVAL OF A BUDGET FOR MISCELLANEOUS EXPENSES OF THE COMMITTEE Dr Mandri stated that there have been some expenses incurred by the Committee in the form of photocopies, telephone calls, and other miscellaneous incidentals, and requested that the Board approve a budget for the Committee Following brief discussion, the Board concurred that expense receipts shall be MINUTES - 02/12/92 Page 5 of 7 forwarded to the Clerk in order that they may be approved by the Board prior to payment 13. OTHER BUSINESS/GENERAL DISCUSSIONS• A. DISCUSSION RE: CHARGING A FEE FOR DUPLICATING DOCUMENTS FOR THE PUBLIC - Placed on the Agenda by Mayor Conte (previously deferred) Item deferred to the next meeting B. DISCUSSION RE: HOLDING BOARD OF TRUSTEES MEETINGS AT THE SHERATON ROYAL BISCAYNE HOTEL - Placed on the Agenda by Trustee Hill - (previously deferred) Item deferred to next meeting C. DISCUSSION RE; VOTER REGISTRATIONS - Placed on the Agenda by Trustee Rasco (previously deferred) Item Deferred to next meeting D. DISCUSSION RE; APPOINTMENT OF TRUSTEE MICHAEL HILL TO DISCUSS TRANSITIONAL FIRE/RESCUE MATTERS WITH DADE COUNTY. Trustee Fried moved that Trustee Hill be appointed to discuss Transitional Fire/Rescue matters with Metropolitan Dade County Trustee Hill seconded the motion which carried unanimously (6-0) 14. APPROVAL OF THE BILLS: the attached bills, January 28, 1992 (previously deferred) and February 7, 1992, were approved as submitted, after a motion to approved by Trustee Fried, was seconded by Trustee Rasco The vote was unanimous (6-0) Trustee Brody disseminated the attached financial statements for the month of January to the Board for informational purposes 15. ANNOUNCEMENTS: the following announcements were made A. NEXT SPECIAL MONTHLY BOARD OF TRUSTEES MEETING 7 OOp m Tuesday, February 25, 1992 B. POLICE COMMITTEE MEETING: 12.00 Noon, Friday, February 14, 1992, 3 00 p m , Grape Tree Condominium Club House, Grape Tree Drive C. MASTERPLAN COMMITTEE MEETING: 7 30 p m , Thursday, February 13,1992, Key Biscayne Beach Club, 685 Ocean Dr D. VILLAGE CLERK SEARCH COMMITTEE• The Village Clerk Search Committee will be conducting interviews on Saturday, February 14, 1992 from 9 00 a m - Noon, Key Colony Condominium, (Phase III) E FIRE/RESCUE COMMITTEE Next Meeting, 4 00 p m, Wednesday, February 19, 1992, Village Offices, Ste 201, Key Biscayne Bank Bldg, 91 W McIntyre St 16 ADJOURNMENT MINUTES - 02/12/92 Page 6 of 7 Beatris M. Arguelles, Interim Village Clerk Approved as amended this 10th day of March, 1992. After a motion by t tibLi2s. L) d seconded by(7)4 ; C� ; ,i 42/L,,,, the Board voted as follows C.Brody• Yes M Fried: Yes M.Hill: Yes J Rasco: Yes Vice Mayor Sullivan: Yes Mayor Conte: Yes Rafael Conte, Mayor c.-- Beatris M Ag[i�lles, Interim Village Clerk 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 ba /M021292 doc Agenda - 02/12/92 Page 7 of 7