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HomeMy Public PortalAbout04-28-92 Special Council Meeting.tifVILLAGE OF KEY BISCAYNE, FLORIDA MINUTES Special Monthly Board of Trustees Meeting Tuesday, April 28, 1992 Key Biscayne Elementary School Cafeteria 150 West McIntyre Street 1 CALL TO ORDER/ROLL CALL OF MEMBERS Mayor Rafael Conte called the meeting to order at 7 05 p m The following Trustees were also present Clifford Brody, Mortimer Fried, Michael Hill, Joe Rasco, Betty Q Sime and Vice Mayor Sullivan Also present were Village Manager C Samuel Kissinger, Village Attorneys Richard J Weiss and Steve Helfman, and Recording Secretary Beatris M Arguelles 2 INVOCATION Assistant Pastor Patrick Arnold, Key Biscayne Presbyterian Church offered the invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4 APPROVAL OF THE MINUTES The approval of the minutes of March 30, April 13 and April 14, 1992, was deferred to the next meeting in order that they may be included in the Agenda packets 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS Trustee Sime asked that the Village Manager report on the status of the Workshop in his report, as well as a status report on the Traffic Signal at Bear Cut Bridge Trustee Rasco moved that the Board of Trustees consider placing a resolution establishing a policy of the Village to use recycled paper products whenever practical on the Agenda in item 8(a)6 Reports and Recommendations / Mayor and Trustees Trustee Brody seconded the motion, which carried unanimously as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 6 ORDINANCES FIRST READING/PUBLIC HEARING A AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A 150 FT MAXIMUM HEIGHT LIMITATION FOR STRUCTURES, PROVIDING FOR VESTED RIGHTS, PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Conte read the Ordinance by title as previously advertised and opened the public hearing The following persons were heard Residents Marie Kirk, Conchita Suarez, Michael Kahn and Jeff Bercow, Attorney, Ron Mastriana and Mark Ellert Mayor Conte closed the public hearing and discussion ensued among the Board Trustee Brody moved that the verbage in Section 2, Vested Rights be stricken and that the verbage used with regard to vested rights in the Ordinance regarding moratorium be incorporated in its place, and that the Ordinance be passed on First Reading as amended Vice Mayor Sullivan seconded the motion, and following lengthy discussion, the motion carried unanimously as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes The Clerk announced that the Second Reading of the Ordinance would take place at 6 00 p m , Tuesday, May 12, 1992, Key Biscayne Elementary School, 150 West McIntyre Street, Cafeteria room The Attorney was asked to incorporate the amendment in the ordinance prior to its second reading B AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A TEMPORARY BUILDING MORATORIUM, PROVIDING FOR EXEMPTIONS AND WAIVERS, PROVIDING FOR A TERM, PROVIDING FOR VESTED RIGHTS, PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE Mayor Conte read the Ordinance by title as previously advertised and opened the public hearing The following persons were heard Residents Marie Kirk, Conchita Suarez, Michael Kahn and Jeff Bercow, Attorney, Ron Mastriana and Mark Ellert Mayor Conte closed the public hearing and discussion ensued among the Board Trustee Fried moved that the Board pass the Ordinance on First Reading The motion was seconded by Trustee Brody following brief discussion, the motion carried unanimously as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes The Clerk announced that the Second Reading of the Ordinance would take place at 6 00 p m , Tuesday, May 12, 1992, Key Biscayne Elementary School, 150 West McIntyre Street, Cafeteria room 7 RESOLUTIONS No resolutions were read on this item 8 REPORTS AND RECOMMENDATIONS 8(a) MAYOR AND TRUSTEES 8(a)1 TRANSITION AGREEMENT Vice Mayor Sullivan reported that a draft agreement should be ready for review by the Board of Trustees by the May 12, 1992 Meeting of the Board Village Attorney R Weiss reported that he would be meeting with County Representatives on April 29th to discuss certain aspects of the Agreement, and that Vice Mayor Sullivan would be meeting with County officials on May 6th Vice Mayor Sullivan stressed his aspiration of placing an agreement before the County Commission by early June 8(a)2 MASTER PLAN PUBLIC PARTICIPATION BUDGET Trustee Betty Sime, Local Planning Agency (LPA) Chair reported that the LPA at its April 22, 1992 meeting voted to recommend that the Board of Trustees accept the Public Participation Procedures and the Proposed Budget of the Master Plan Committee Trustee Sime made a motion to that effect, with the proviso that for economical purposes, the allotted funds for postage ($2,000) be conserved, if the surveys are included in the mailing of the proposed Newsletter The motion was seconded by Vice Mayor Sullivan and carried unanimously as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes Page 2 of 5 Trustee Hill suggested that the Board establish a policy whereby requested expenditures must include that part of the budget from where the funds will be extracted The Village Manager asked that requested expenditures by Committees should be submitted to Committee Chairs for submission to the Manager 8(a)3 INVESTIGATE STOP SIGN AT FERNWOOD DRIVE & WEST HEATHER DRIVE Trustee Rasco asked the Manager to report on the feasibility of placing a stop sign at Fernwood and West Heather The Board concurred 8(a)4 INVESTIGATE NECESSARY PROCEDURES TO COORDINATE WITH METRO DADE EMERGENCY PREPAREDNESS RE HURRICANE EVACUATION Trustee Rasco asked the Manager to investigate public safety measures with regard to hurricane evacuation procedures The Board concurred 8(a)5 STATUS ON COLLECTION OF UTILITY TAX REVENUES OF LONG DISTANCE TELEPHONE COMPANIES Trustee Rasco requested a report from the Village Manager Village Manager S Kissinger submitted the attached list of utilities, and synopsized the report for the Board Trustee Brody gave a brief recap of utilities received to date 8(a)6 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING THE POLICY OF THE VILLAGE TO USE RECYCLED PAPER PRODUCTS WHENEVER PRACTICAL AND PROVIDING AN EFFECTIVE DATE (item added to the agenda in Item No 5) Trustee Rasco distributed the resolution to the Board Mayor Conte read the resolution by title and asked for a motion to approve the resolution Trustee Fried moved that the Resolution be approved as read Trustee Brody seconded the motion which carried unanimously as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 8(b) VILLAGE ATTORNEY REPORT 8(b)1 DISCUSSION RE PURCHASING ORDINANCE The Village Attorney was directed by consensus of the Board, to create an ordinance establishing purchasing procedures 8(b)2 OCCUPATIONAL LICENSE TAX REVIEW The Village Attorney disseminated a revised draft of a proposed ordinance for review and consideration by the Board 8(b)3 REPORT ON THE VILLAGE CLERK NEGOTIATIONS The Village Attorney disseminated a brief outline of the Village Clerk employment negotiations with Sally Mcdonald The Board reviewed each item and made changes accordingly with regard to salary ($30,000 from $35,000) and benefits (Two months severance pay, Health insurance at $230 per month plus a 2% administrative fee, until a Village Health Plan is developed, two weeks vacation year one, three weeks year five, one day per month sick leave, until a village policy is established, regular holidays as established by the Village, yearly evaluations, eligiable for consideration for inclusion in pension and other benefits when they are established by the Village, Village to pay membership in, International City Clerk's Association and its local chapter, starting date May 11, 1992 By consensus, the Board directed the Attorney to continue negotiations with Ms Mcdonald along the lines discussed by the board Page 3 of 5 8(c) VILLAGE MANAGER REPORT 8(c)1 STATUS OF PROPOSAL REQUESTS Village Manager C Samuel Kissinger reported that an RFP for an Auditor and Engineer and Building Official have gone out and responses are being received 8(c)2 LEISURE SERVICES DIRECTOR (RECREATION, PARKS AND CULTURAL) The Village Manager disseminated copies of the advertisement for a Recreation and Cultural Director and reported that the ad would be published shortly 8(c)3 PAVING AND DRAINAGE PROJECT REPORT BY CARLOS PENIN, VILLAGE ENGINEER Carlos Penin reported on the status of the drainage improvements along West Heather and Woodcrest He disseminated a brief report, attached which he synopsized 8(c)4 NEWSLETTER The Village Manager disseminated samples of other cities' newsletters Following brief discussion, the Board concurred that the Newsletter should be printed quarterly on 80 lb, gloss enamel stock The Village Manager reported that a newsletter is being prepared for review by the Board for mailing within two to three months 8(c)5 FIRE CONSULTANT The Village Manager reported on a proposed Fire Consultant, and recommended that a consultant be hired to provide a recommended course of action By consensus, the Board asked that a decision with regard to a fire consultant be postponed temporarily 8(c)6 PAVING ISLAND DRIVE FROM HARBOR DRIVE TO EAST OF MARINER DRIVE (1/4 MILE) Following a brief report by the Village Manager and Carlos Penin, Village Engineer, Trustee Sime moved that the Village pay for half of the restoration to the roads from Island Drive from Harbor to East of Mariner Drive, unless there is some relief from the Water & Sewer Authority (WASA), since the work being performed by WASA is what is tearing up the roads The motion was seconded by Trustee Rasco and carried unanimously as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 8(c)7 POLICE CHIEF UPDATE The village Manager disseminated a draft of the advertisement for a Police Chief for the Village 8(c)8 STATUS REPORT ON TRAFFIC SIGNAL AT BEAR CUT BRIDGE Trustee Sime expressed concern over the traffic signal, citing that the County did not follow proper procedures with regard to placing the traffic signal at the base of the bridge Following brief discussion, the Board, by consensus, authorized the Attorney to negotiate with the County with regard to removing the traffic signal, which was to have been a temporary light to begin with 8(c)9 STATUS REPORT ON A BOARD OF TRUSTEES WORKSHOP The Village Manager reported that he is working on a draft agenda for the workshop with Trustee Rasco He stated that the date for the workshop will be determined depending on the schedule of Vice Mayor Sullivan and will be announced as soon as it is scheduled 8(d) COMMITTEE REPORTS Page 4 of 5 8(d)1 POLICE COMMITTEE Chairman Bon Salle disseminated the attached report which he synopsized for the Board He recommended that the Village vote to establish its own municipal police Department Committee Member John Davis reviewed the staffing recommendations Police Committee Chairman Bon Salle also suggested that The Board of Trustees fully explore the Public Safety Concept and hire a consultant for further evaluation of Public Safety Following the report, discussion ensued among the Board, after which Trustee Sime moved that the Village of Key Biscayne establish its own Police Department in accordance with the report submitted by the Police Committee Trustee Hill seconded the motion, and following further discussion, the motion carried unanimously, as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes Vice Mayor Sullivan moved that the Village authorize the Village Manager to hire a Public Safety/Fire Consultant for an in depth report on the entire public safety issue as it relates to Fire/Rescue services and Police The motion was seconded by Trustee Sime, and carried 6 1 with each Trustee voting as follows C Brody Yes, M Fried Yes, M Hill No, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 9 OTHER BUSINESS/GENERAL DISCUSSIONS No other business was discussed 10 APPROVAL OF THE BILLS The attached bills were approved unanimously after a motion by Trustee Brody, was seconded by Trustee Fried C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 11 ANNOUNCEMENTS The next Board of Trustees Meeting, Tuesday, May 12, 1992, 6 00 p m , Key Biscayne Elementary School, cafeteria was announced 12 ADJOURNMENT Mayor Conte adjourned the meeting at 10 40 p m following a motion to adjourn by Trustee Fried was seconded by Trustee Rasco Submitted for approval by Beatris M Arguelles, Recording Secretary Approved this day of May, 1992, following a motion to approve by , seconded by , each Board member voted as follows C Brody , M Fried , M Hill , J Rasco , B Sime , Vice Mayor Sullivan Mayor Conte 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 Page 5 of 5