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
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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
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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
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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
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