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HomeMy Public PortalAbout02-25-92 Special Council Meeting.tifMINUTES SPECIAL MONTHLY BOARD OF TRUSTEES MEETING 7 00 P M , Tuesday, February 25, 1992 Key Biscayne Elementary School, Cafeteria 1 CALL TO ORDER/ROLL CALL OF MEMBERS the meeting was called to order at 7 10 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 Milam Kralik, Key Biscayne Community Church offered the invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the pledge 4 APPROVAL OF THE MINUTES Trustee Fried moved that the minutes of January 28, 1991 be approved as submitted Trustee Rasco seconded the motion which carried unanimously (6-0) 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS Trustee Rasco asked that items 6(A), 8(A6) & 8(C2) be discussed consecutively, rather than in the order in which they appear on the Agenda Trustee Rasco moved that the items be deferred until such time as Frank Caplan, Masterplan Committee Chair is present, and that the items be taken consecutively at that time The motion was seconded by Trustee Hill, and carried unanimously (6-0) Trustee Rasco also asked that Item 8(A8) be taken out of order in 8(A1), followed by 8(A7) Trustee Hill seconded the motion which carried unanimously (6-0) 6 ORDINANCES - SECOND READING/PUBLIC HEARING: B ORDINANCE No 92-09 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 PURSUANT 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 CURRENTLY 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 Brody moved that the Ordinance be approved as read The motion was seconded by Trustee Fried The Minutes - 02/25/92 Page 1 of 7 Mayor opened the Public Hearing and the following resident was heard Marie Kirk, on behalf of the Key Biscayne Taxpayers Association, in favor of establishing Key Biscayne Building and Zoning Department Hearing no additional comments from the public, the Public Hearing was closed Following brief discussion by the Board, the motion to approve Ordinance 92-09 carried unanimously, with the Board voting as follows Trustee Brody Yes, Trustee Hill Yes, Trustee Rasco. Yes, Trustee Fried Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 7. DISCUSSION/VOTE ON AN AGREEMENT WITH C. SAMUEL KISSINGER FOR THE POSITION OF VILLAGE MANAGER - a draft agreement was attached to the Agenda Mayor Conte stated that the Board has received letters from residents of New Rochelle contrary to Mr Kissinger He asked Jim Parrish, Consultant to comment with regard to whether or not such contrary information was available to him in the Search process He responded that he felt that the situation was primarily a political one, the outcome of which would not alter his recommendation to include Mr Kissinger in the top four candidates for consideration Following additional discussion among the Board of Trustees with regard to this issue, Trustee Rasco asked that the correspondence received in this regard be entered into the public record No further action was taken in this regard Trustee Fried moved that the Mayor be authorized to sign and enter into the agreement with C Samuel Kissinger The motion was seconded by Trustee Brody The Board reviewed each item in the Employment Agreement with Mr Parrish Following such review, the Board asked that the Consultant confer with Mr Kissinger as to changes to the agreement with regard to less expensive insurance (not to exceed $8,300 per year to be paid one year following employment date), a cap on vacation day accural (no more than 20 days per year), with Board approval of more than five days, and that the Manager will take no vacation time within the first six months of employment greater than one week without Board approval, and that any office to be held, dues and subscriptions, in accordance with Section #13 "Professional Development" requires Board approval Trustee Fried moved that a vote on the motion on the floor be tabled until such time as the Consultant reviews the concerns of the Board with Mr Kissinger The motion was seconded by Vice Mayor Sullivan and carried unanimously Trustee Hill moved that it is a sense of the Board that the Consultant renegotiate the Agreement including provisions with regard to insurance, cap on accured vacation and sick leave and eliminating Section 13 "Professional Development", with Mr Kissinger The motion was seconded by Trustee Rasco and carried unanimously (6-0) The consultant was directed to speak with Mr Kissinger who was awaiting a decision of the Board outside of the Cafeteria 6. ORDINANCES - SECOND READING/PUBLIC HEARING: Minutes - 02/25/92 Page 2 of 7 A ORDINANCE No 92-08 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 Mayor Conte opened the Public Hearing and the following resident was heard Don Atwood, expressing to the Board that should they take on the role of the LPA, they will take on considerable responsibility and urged that the Board work very closely with the Masterplan Committee in understanding the master planning process Hearing no additional discussion from the public, the Mayor Closed the Public Hearing Trustee Brody moved that Ordinance No 92-02 be adopted as read on second reading The motion was seconded by Trustee Hill and carried unanimously, with the Board voting as follows Trustee Brody Yes, Trustee Hill Yes, Trustee Rasco Yes, Trustee Fried Yes, Vice Mayor Sullivan. Yes, Mayor Conte. Yes Ordinance No 92-08 attached 8. REPORTS AND RECOMMENDATIONS Item taken out of order A. MAYOR AND TRUSTEES 6 MOTION THAT SPEAKERS OR OTHER PARTICIPANTS INVOLVED IN THE PUBLIC PARTICIPATION, OR SIMILAR ASPECTS OF THE MASTERPLAN PROCESS, BE DISQUALIFIED FROM BIDDING FOR, OR BEING AWARDED, ANY CONTRACTS RELATING TO THE MASTERPLAN- Trustee Hill introduced the motion which died for lack of a second 8 REPORTS AND RECOMMENDATIONS Item taken out of order C COMMITTEE REPORTS 2 MASTERPLAN - Frank Caplan, Chair, issued the at- tached report adding that although the Work Plan of the Committee had not been approved by the Board, the Committee had begun its initial educational program, incorporating various professionals in- volved in the master planning process as speakers Trustee Rasco urged that the Board meet as the Local Planning Agency (LPA) as soon as possible in order to begin the Master Planning process Trustee Brody requested that the Attorney be asked to draw up an Agenda for an LPA meeting to be held on one of two days Wednesday, March 4th or Monday, March 9th The Attorney stated that the Agenda will include a presentation from the Department of Community Affairs (DCA) 8 REPORTS AND RECOMMENDATIONS Item taken out of order A MAYOR AND TRUSTEES 8 DISCUSSION RE, LETTER TO COUNTY MANAGER JOAQUIN AVINO REGARDING USE OF THE INTERNATIONAL TENNIS Minutes - 02/25/92 Page 3 of 7 CENTER BY KEY BISCAYNE RESIDENTS - Trustee Rasco asked residents Mr De Mesa and Mr Hoffman to review the situation at the ITC Trustee Rasco urged that the Board express its sense of dissatis- faction with the manner in which the Dade County Parks & Recreation Dept allows residents to use the park, and dissatisfaction, with regard to the "Professional" (Mr Belkin) that has been restricting other "Pros" in the utilization of the courts Trustee Rasco asked for a sense of the Board with regard to writing a letter, asking for clarification of the policies of the ITC with regard to allowing professionals, other than Mr Belkin, to utilize the Courts Trustee Rasco stated that he would draft such a letter for presentation to the Board of Trustees for approval 8 REPORTS AND RECOMMENDATIONS Item taken out of order A MAYOR AND TRUSTEES 7 REPORT ON THE STATUS OF SETTLEMENT NEGOTIATIONS BETWEEN THE KEY BISCAYNE COUNCIL, INC, METROPOLITAN DADE COUNTY AND LIPTON - Trustee Hill gave a brief report stating that he had met with the principals/representatives on all sides of the litigation He stated that it was his opinion that all parties concerned (KBC, Inc , Gene Stearns, Metro -Dade County, and Lipton, but not the Matheson estate) would like to work out an agreement He asked for authorization to work towards arriving at a proposed settlement between the parties (not including the Matheson family) to be brought back for approval at a subsequent meeting of the Board The following residents addressed the Board in regards to this matter Conchita Suarez, Hugh O'Reiley, Michael Kahn, Greg Willis, Helen White and Jim Haney Trustee Fried moved that the Board authorize Trustee Hill to continue negotiations with Dade County in this regard The motion was seconded by Trustee Hill The motion failed (3-3) with the each Trustee voting as follows Trustee Brody Yes, Trustee Hill:Yes, Trustee Rasco: No, Trustee Fried. Yes, Vice Mayor Sullivan: No, Mayor Conte. No Trustee Rasco moved that the Attorney be authorized to review and update the Board with regard to the pending lawsuit by the Key Biscayne Council, Inc Re ITC Vice Mayor Sullivan Seconded the Motion, which failed (3-3) with the Board voting as follows Trustee Brody No, Trustee Hill No, Trustee Rasco Yes, Trustee Fried• No, Vice Mayor Sullivan Yes, Mayor Conte Yes Minutes - 02/25/92 Page 4 of 7 Trustee Hill moved that the Board of Trustees express a decision that there is no interest in assuming the litigation of the Key Biscayne Council, Inc which involves the ITC The motion was seconded by Trustee Fried The motion failed (2-4) with each Trustee voting as follows Trustee Brody No, Trustee Fried Yes, Trustee Hill Yes, Trustee Rasco No, Vice Mayor Sullivan No, Mayor Conte No ITEM TAKEN FROM THE TABLE Trustee Hill moved that the previously tabled motion by Trustee Fried, that the Mayor be authorized to sign and enter into the agreement with C Samuel Kissinger, be taken from the table for further discussion and vote The motion was seconded by Trustee Brody and the Board voted unanimously (6-0) to remove the item from the Table Each Trustee Voted as follows Trustee Brody Yes, Trustee Fried• Yes, Trustee Hill Yes, Trustee Rasco Yes, Vice Mayor Sullivan: Yes, Mayor Conte Yes Consultant Jim Parrish addressed the Board and stated that Mr Kissinger has agreed to the following Section 10 Insurance - First Year - lump sum allowance of $8,300 00, to be paid one year following employment date From the second year forward, the allowance will not exceed $9,800 00 Section 12 Vacation/Sick Leave - the Board will approve any vacation in excess of 5 working days Mr Kissinger agrees not to take any vacation, greater than 5 working days, during the first six months of employment Vacation days would accrue at 1 7 days per month, or 20 days per year In no instance will the total accumulated vacation leave exceed 40 days Section 13 Professional Development - Mr Kissinger agrees that he will not hold any local, state or regional offices, without prior approval of the Board of Trustees The Board will approve all membership dues, subscriptions, conference fees, etc Mr Kissinger asked that the Board maintain the ICMA Conference attendance in the Agreement Any and all other conferences shall require prior Board approval Trustee Fried amended the original motion that the Board authorize the Mayor to sign and enter into the amended agreement with C Samuel Kissinger The motion was seconded by Trustee Brody, and carried unanimously (6-0) with each Trustee voting as follows Trustee Brody Yes, Trustee Fried• Yes, Trustee Hill Yes, Trustee Rasco Yes, Vice Mayor Sullivan. Yes, Mayor Conte. Yes 8 REPORTS AND RECOMMENDATIONS A MAYOR AND TRUSTEES 1. DISCUSSION RE STREET VENDORS - Placed on the Agenda by Trustee Fried - possible creation of an ordinance establishing procedure Previously deferred - Trustee Fried moved that this item be deferred to next meeting Trustee Brody seconded the motion which carried unanimously (6-0) 2 DISCUSSION RE PERMITTING - Placed on the Agenda by Trustee Fried - possible creation of an ordinance establishing fees, etc - previously Minutes - 02/25/92 Page 5 of 7 i deferred Trustee Fried moved that this item be deferred to next meeting Trustee Brody seconded the motion which carried unanimously (6-0) 3 FACILITIES/OFFICE FURNITURE - ANALYSIS OF BIDS FOR OFFICE FURNITURE - Deborah Neve distributed the at- tached analysis of Bids for office furniture Following a review of each of the bids, Trustee Brody moved that the Board of Trustees waive the competitive bid process for the purchase of office furniture, and accept the estimated bid from Hayworth, based upon the recommendation by Vice Mayor Sullivan that the Hayworth furniture is a better buy upon a comparison of line item costs of each of the pieces, and because of the immediate need for the furniture The motion was seconded by Mayor Conte and carried (5-1) with each Trustee voting as follows Trustee Brody Yes, Trustee Fried. Yes, Trustee Hill No, Trustee Rasco Yes, Vice Mayor Sullivan Yes, Mayor Conte* Yes 4. BOARD ACTION REGARDING TERM OF COMMITTEE APPOINTMENTS - Trustee Brody No discussion - Item deferred to the next meeting 5 STATUS REPORT REGARDING TRANSITION DISCUSSIONS WITH METROPOLITAN DADE COUNTY REGARDING FIRE/RESCUE MATTERS - Trustee Hill No discussion - Item deferred to the next meeting B VILLAGE ATTORNEY Richard Weiss reported that the motion to intervene in the Seaquarium litigation has been scheduled on a motion calendar for March 10, 1992, before Judge Greene He announced that this is open to the public C. COMMITTEE REPORTS 1 FIRE/RESCUE - Richard Cromartie, Chair - No discus- sion - Item deferred to the next meeting 3. VILLAGE CLERK SEARCH - Edward Stone, Chair - No discussion - Item deferred to the next meeting 9. 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 Minutes - 02/25/92 Page 6 of 7 D DISCUSSION RE; MARCH 10, 1992 BOARD OF TRUSTEES MEETING - Trustee Rasco - No discussion took place on this item 14. APPROVAL OF THE BILLS* No discussion took place on this Ltem Approval was deferred to the next meeting 15. ANNOUNCEMENTS* the following announcements were made A NEXT REGULAR MONTHLY BOARD OF TRUSTEES MEETING: 7 O0p m Tuesday, March 10, 1992, Key Biscayne Elementary School B. POLICE COMMITTEE MEETING* 3 00 p m Monday March 2, 1992, Grapetree Condominium Club House, Greeptree Drive C MASTERPLAN COMMITTEE MEETING* 7 30 p m , Thursday, February 27,1992, Key Biscayne Beach Club, 685 Ocean Dr l2. ADJOURNMENT Mayor Conte Adjourned the meeting at 10 10 p m after a motion to adjourn by Trustee Fried, seconded by Conte ,ubmitted for approval by* 3eatris M. Arguelles, [nterim Village Clerk improved this COL. day o motion by ---21.11)J2.81 'rustee voted as follows: Brody 1992. After a seconded by l QA QJD , each M Fried M. Hill rice Mayor Sullivan,,.* Mayor Conte ,-)1/4„„±„. teatris M Arguelles, nterim Village Clerk Rasco B. Sime /75-- LI\PI Rafael onte, Mayor any person wishing to appeal any decision made by this Board with espect to any matter considered at this meeting will need a ecord of the proceeding, and for such purposes, may need to nsure that a verbatim record of the proceeding 2S made, which ecord includes the testimony and evidence upon which the appeal s made Minutes - 02/25/92 Page 7 of 7