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
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