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HomeMy Public PortalAbout05-26-92 Special Council Meeting.tifVILLAGE OF KEY BISCAYNE, FLORIDA MINUTES Special Monthly Board of Trustees Meeting Tuesday, May 26, 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 10 p m The following Trustees were also present Clifford Brody, Mortimer Fried, Michael Hill, Joe Rasco and Betty Q Sime Also present were Village Manager C Samuel Kissinger, Village Attorneys Richard J Weiss and Steve Helfman and Recording Secretary Beatris M Arguelles Vice Mayor Ray Sullivan arrived shortly after the pledge of allegiance 2 INVOCATION Resident William Croysdale offered the invocation 3 PLEDGE OF ALLEGIANCE Cub Scout Pack #322 led a Flag ceremony and the Pledge 4 APPROVAL OF THE MINUTES Trustee Fried moved that the minutes of May 12, 1992 be approved The motion was seconded by Trustee Brody with an amendment to the motion to amend the minutes on Item No 7, Page 3 of 6, to reflect his affirmative vote, instead of the "No" vote as reflected Trustee Fried accepted the amendment, and hearing no additional amendments, the motion carried unanimously with each Trustee voting as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS no additions were made to the Agenda 6 ORDINANCES FIRST READING/PUBLIC HEARING 6(a) FIRST READING/PUBLIC HEARING No ordinances were read on first reading 6(b)1 SECOND READING/PUBLIC HEARING Continuation of Second Reading Public Hearing held Tuesday, May 12, 1992, temporarily recessed by the Board until this date 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 Trustee Fried moved that the Mayor reopen the Public Hearing, prior to the Board s continuing discussion Trustee Sime 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 Page 1 of 7 Mayor Conte reopened the Public Hearing The following residents were heard Michael Kahn, Mark Ellert, Conchita Suarez, and Attorneys F Ronald Mastriana and Carter McDowell Mayor Conte closed the Public Hearing and discussion ensued among the Board Village Attorney Steve Helfman disseminated an amended ordinance, incorporating items previously discussed by the Board Following lengthy discussion, Trustee Brody moved that Amendments Numbered 1 (Section 1(a)), 2 (Section 1(d)) and 4 (Section 3), be incorporated in the ordinance Trustee Sime 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 Following additional discussion, Trustee Sime moved that Amendment Number 1 (Section 1(f)) be incorporated in the ordinance Trustee Brody seconded the motion 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 Additional discussion ensued with regard to section 6 Trustee Brody moved that the length of time be extended to 120 days from 60 days Trustee Sime seconded the motion The motion carried unanimously with each Trustee voting as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes, Vice Mayor Sullivan Yes, Mayor Conte Yes Trustee Fried moved that the Ordinance be approved on second reading as amended Trustee Brody seconded the motion, with carried unanimously, with each Trustee voting 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(b)2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IMPOSING AN OCCUPATIONAL LICENSE TAX, PROVIDING DEFINITIONS, REQUIRING APPLICABLE LICENSES, ESTABLISHING A UNIFORM SYSTEM FOR THE ISSUANCE OF LICENSES, SETTING FORTH THE AUTHORITY OF THE VILLAGE LICENSE OFFICER, PRESCRIBING PENALTIES FOR VIOLATION, PROVIDING A LICENSE TAX SCHEDULE, PROVIDING FOR THE REPEAL OF CHAPTER 8(A), ARTICLE X OF THE DADE COUNTY CODE AS MADE APPLICABLE TO THE VILLAGE PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Conte opened the Public Hearing No residents spoke in favor of or in opposition to the ordinance, and the Mayor closed the Public Hearing Trustee Fried moved that the Ordinance be approved ad read Trustee Brody seconded the motion Following brief discussion, the motion to approve the ordinance carried unanimously with each Trustee voting as follows C Brody Yes, M Fried Yes, M Hill Yes, J Rasco Yes, B Sime Yes Vice Mayor Sullivan Yes, Mayor Conte Yes 7 RESOLUTIONS No resolutions were read 8 REPORTS AND RECOMMENDATIONS Page 2 of 7 8(a) MAYOR AND TRUSTEES 8(a)1 COMMUNITY COORDINATOR EFFORT TO PUT THE DAN PAUL AMENDMENT TO COUNTY WIDE VOTE following brief comments by Vice Mayor Sullivan, the Board concurred that further discussion on this item be deferred until the next meeting so that further information may be obtained with regard to the amendment 8(a)2 TRANSITION AGREEMENT Vice Mayor Sullivan reviewed a revised draft of the Agreement He reported that a final draft would be prepared and will be available for review and approval by the Board at the June 9, 1992, and approval by the County on June 14, 1992 8(a)3 STORMWATER UTILITY Vice Mayor Sullivan reported that the Village has opted out of the Utility, however, that the Village eventually must develop its own storm water utility based on the needs of the Village, supporting the concept of an evaluation of the needs of the Village Discussion ensued among the Board Trustee Brody suggested imposing a fee to begin the process of developing a plan for maintenance and implementation of a Key Biscayne Stormwater Utility Trustee Rasco suggested that the Village Manager look into the costs involved Following additional discussion, the Village Manager was instructed to investigate the costs involved in implementing a Stormwater Utility 8(b) VILLAGE ATTORNEY REPORT 8(b)1 DISCUSSION RE AN ORDINANCE ESTABLISHING A CODE ENFORCEMENT CHAPTER AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, ESTABLISHING A CODE ENFORCEMENT CHAPTER, PROVIDING DEFINITIONS, PROVIDING FOR CIVIL OFFENSES AND PENALTIES, PROVIDING FOR QUALIFICATIONS, APPOINTMENT, REMOVAL AND COMPENSATION OF SPECIAL MASTERS, PROVIDING FOR AUTHORITY TO INITIATE ENFORCEMENT PROCEDURES, PROVIDING FOR ENFORCEMENT PROCEDURES, DESCRIBING THE CONTENTS AND SERVICE OF WARNINGS AND CIVIL VIOLATION NOTICES, SETTING FORTH THE RIGHTS OF VIOLATIONS, PROVIDING FOR PAYMENT OF FINES, PROVIDING FOR REMEDIES TO RECOVER UNPAID CIVIL PENALTIES, PROVIDING FOR APPEALS OF ORDERS FROM THE SPECIAL MASTER, PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS, ESTABLISHING A SCHEDULE OF CIVIL PENALTIES, PROVIDING A REPEALER PROVISION, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Village Attorney Weiss requested authorization to place the ordinance on the Agenda of June 9, 1992 for First Reading He stated that the ordinance would establish a code enforcement chapter in the Village code that would allow for implementation of enforcement for code violations, etc By consensus, the Board agreed that the ordinance should come before the Board for first reading at the next meeting 8(b)2 DISCUSSION RE AN ORDINANCE ESTABLISHING A PURCHASING PROCEDURES CHAPTER Page 3 of 7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, ESTABLISHING A PURCHASING PROCEDURES CHAPTER, DESIGNATING A PURCHASING AGENT, PROVIDING FOR LIMITATIONS ON PURCHASES, ESTABLISHING COMPETITIVE BIDDING AND BID OPENING PROCEDURES, PROVIDING FOR AWARDING OF BIDS, PROVIDING FOR WAIVER OF COMPETITIVE BIDDING, PROVIDING FOR EXEMPTION FROM COMPETITIVE BIDDING, PROVIDING A REPEALER PROVISION, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Village Attorney Weiss requested authorization to place the ordinance on the Agenda of June 9, 1992 for First Reading He stated that the ordinance would establish a purchasing policy in the Village code that would allow for implementation certain practices in the process of purchasing, allow a "Purchasing Agent" to effectively follow rules of set rules with regard to purchasing for the Village By consensus, the Board agreed that the ordinance should come before the Board for first reading at the next meeting 8(b)3 UPDATE Village Attorney Weiss reported that Village Attorney J Serota is actively pursuing the Seaquarium matter He advised the Board to contact his office for more detailed information with regard to the case, which should not be discussed in a public meeting Trustee Brody asked that the Village Attorney investigate whether or not the Islander Newspaper would be an appropriate vehicle for advertising Village goings on, and suggested the possibility of obtaining a legal opinion from the State Attorney's office in this regard Village Attorney Weiss stated that he will investigate the matter further and report back to the Board in the future 8(c) VILLAGE MANAGER REPORT 8(c)1(a) OPEN HOUSE DATE AND TIME The Village Manager asked the Board to review their schedules for an appropriate date for the Village Open House By consensus, the Board requested the Village Manager to coordinate a date and time for the open house and report that date to the Board a the next meeting, June 9, 1992 8(c)1(b) CUSTODIAL SERVICES Village Manager C Samuel Kissinger requested a motion to waive the competitive bid process in order to secure custodial services for the Village offices, not to exceed $300 00 per month Trustee Sime moved that the Board of Trustees waive the competitive bid process for custodial services, that the competitive bid process is impracticable for securing such services at this time, that the cost for such services is not to exceed $300 00 per month, and that the Manager is authorized to enter into an agreement for custodial services according to these guidelines The motion was seconded by Trustee Brody and carried unanimously with each Trustee voting 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)2(a) INTERNATIONAL CITY MANAGEMENT CONFERENCE SEPTEMBER 13 17 The Village Manager reported that the Conference would be held September 13 Page 4 of 7 17, 1992 i 8(c)2(b) CANCELLATION OF THE SEPTEMBER 22, 1992 BOARD OF TRUSTEES MEETING The Village Manager reported that since the International City Management Conference would be held during the time period usually set aside for Agenda preparation, he requested that the meeting be cancelled or rescheduled Vice Mayor Sullivan moved that the meeting of September 22, be rescheduled to September 29, 1992 in order to allow enough time for agenda preparation The motion was seconded by Trustee Brody and carried unanimously with each trustee voting 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)2(b) VACATION APPROVAL SEPTEMBER 10, 11, 18, 1992 The Village Manager requested authorization of three days vacation, September 10, 11, 18, 1992 in order to allow for appropriate travel arrangements for the ICMA Conference Trustee Fried moved that the Board grant the three vacation days requested by the Manager Trustee Brody seconded the motion which carried unanimously with each Trustee voting 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)3 REGULATIONS FOR TRAILERS AT CONSTRUCTION SITES (SINGLE FAMILY RESIDENCES) The Village Manager submitted the attached report from Robin M Sobrino, Community Development Director with regard to potential options for the Village regarding construction trailers on individual single family home sites, citing that the presently, full compliance with County procedures may not be occurring and action should be taken immediately Discussion ensued among the Board and comments were heard from resident Eduardo Chamorro in opposition to eliminating the trailers Following lengthy discussion on each of the options delineated in the Community Development Director's report, Vice Mayor Sullivan moved that the Board Prohibit construction .trailers on individual single family building sites The motion was seconded by Trustee Brody Addition discussion took place The question was called and the motion carried 6 1 with each Trustee voting 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)4 STATUS OF PROPOSAL REQUESTS The Village Manager reported that the advertisements for the RFP for the Masterplan Consultant have been arranged and responses for all proposals is 10 00 a m , July 1, 1992 He stated that solicitation are also being sent to 17 planning related professional consultants in Florida (A written report in this regard was distributed to the Board and is attached to these fully executed minutes ) The Village Manager also reported that publication of the RFP for a Landscape architect has been arranged and that proposals are due by 10 00 a m , June 19, 1992 8(c)5 SHERATON ROYAL BISCAYNE POTENTIAL MEETING SITE FOR VILLAGE BOARD MEETINGS The Village Manager reported that the Sheraton has submitted a revised fee schedule for securing meeting locations for possible meetings of the Board Following brief discussion no action was taken with regard to changing the location of the Board of Trustees Meetings 8(c)6 METROPOLITAN DADE COUNTY EMERGENCY MANAGEMENT MEETING Page 5 of 7 REPORT The Village Manager submitted the attached report, which he summarized for the Board He requested direction from the Board with regard to hurricane preparedness actions in Key Biscayne Trustee Brody urged moving forward with a proactive movement with regard to hurricane preparedness Trustee Hill suggested contacting other (coastal) municipalities for a review of their procedures Trustee Rasco urged the Manager to prepare a plan for Board approval Village Manager C Samuel Kissinger suggested a volunteer coordination group to establish procedures Trustee Fried suggested created a committee to implement a volunteer program Following brief discussion on each of the suggestions, Trustee Rasco moved that the Board appoint a Hurricane Preparedness and Emergency Management Committee, with each Trustee appointing One (1) member to the Committee The motion was seconded by Trustee Fried and carried unanimously, with each Trustee voting 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 BEATIFICATION PROJECT The Village Manager reported that he has contacted Metropolitan Dade County Environmental Nuisance Control Manager Harold Conception with regard to complaints of litter, overgrown weeds, junk cars, etc (a list was distributed to the Board and is attached to these fully executed minutes) Trustee Brody suggested that the VMS construction site also be examined for potential litter problems, due to complaints regarding that area Trustee Sime concurred, adding that dust should be controlled with water or tarping 8(d) COMMITTEE REPORTS No Committee reports were heard 9 OTHER BUSINESS/GENERAL DISCUSSIONS The Village Attorney polled the Board to ascertain which members would have a conflict of interest with regard to a Building and Zoning Matter regarding the Key Biscayne Yacht Club that would be heard June 9, 1992, five out of 7 responded in the affirmative He stated that he would investigate options available to the Village with regard to the possibility of appointing a special 'Board" or "agency' of the Board of Trustees that would be able to vote on cases such as this in the future Trustee Sime requested a Legal opinion from the Attorney with regard to those members on the Board of Trustees that are also on the Key Biscayne Council The Village Attorney advised that Trustees should not vote at KBC, Inc Meetings, on items which may be brought before the Village Government Vice Mayor Sullivan requested an update on the status of the RFQ for Police Chief, Newsletter and Seal & Motto The Village Manager reported respectively that over 100 resume's have been received, that the Newsletter is presently being worked on, and that the Village Seal & Motto Committee would be making a presentation with regard to the artwork for the Village Seal at the next meeting, reporting that a report was to have been made at this meeting, however a technical problem with the artwork defeated that report 10 ANNOUNCEMENTS The following announcements were made Goal Setting Session Saturday May 30, 1992, 8 30 a m 2 00 p m , Sheraton Royal Biscayne, 555 Ocean Drive Page 6 of 7 Next Regular monthly Board of Trustees Meeting, Tuesday, June 9, 1992, 7 00 p m , Key Biscayne Elementary School, 150 West McIntyre Street, Cafeteria Room 12 ADJOURNMENT Mayor Conte adjourned the meeting at 9 50 p m following a motion to adjourn by Trustee Fried 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 washing 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 7 of 7