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
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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