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HomeMy Public PortalAbout11-10-92 Regular Council Meeting.tifMINUTES REGULAR MEETING OF THE VILLAGE COUNCIL VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 10, 1992 KEY BISCAYNE ELEMENTARY SCHOOL 150 WEST MCINTYRE STREET 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Vice Mayor Ray Sullivan Present were Councilmembers Clifford Brody, Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, and Vice Mayor Sullivan Mayor Rafael Conte was absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard J Weiss, Police Chief Michael Flaherty, Finance Director Jack Neustadt, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler 2 INVOCATION Monsignor William F McKeever, St Agnes Catholic Church offered the invocation 3 PLEDGE OF ALLEGIANCE Vice Mayor Sullivan led the Pledge 4 APPROVAL OF MINUTES The minutes of the Regular Meeting of September 9, 1992, the minutes of the Special Meeting of October 27, 1992, and the minutes of the Special Meeting (FEMA) of October 29, 1992 were approved by unanimous consent 5 AGENDA: APPROVAL/ADDITIONS/DELETIONS/SUBSTITUTIONS: The following changes were made Councilman Sime requested the addition of a Local Planning Agency report in Item 9 Councilman Brody seconded Sime's request and was approved by unanimous consent Councilman Brody requested the addition of discussion of construction debris containers in Item 9-D Councilman Fried seconded Brody's request and was approved by unanimous consent Councilman Sime requested the addition of a resolution addressing the 50% Rule Councilman Rasco seconded Sime's request and was approved by unanimous consent 6 SPECIAL PRESENTATION: Vice Mayor Sullivan made the following presentations 6-A A RESOLUTION COMMENDING ST AGNES CATHOLIC CHURCH YOUTH GROUP Councilman Rasco made a motion to approve the resolution, seconded by Councilman Sime The resolution carried on a unanimous (6-0) voice vote Monsignor McKeever accepted the Page 1 of 9 resolution on behalf of the St Agnes Catholic Church Youth Group 6-B A RESOLUTION COMMENDING ROTARY CLUB Councilman Rasco made a motion to approve the resolution, seconded by Councilman Sime The resolution carried on a unanimous (6-0) voice vote Mr Richard Gregorie accepted the resolution on behalf of the Rotary Club 7 ORDINANCES No ordinances were discussed 8 BUILDING AND ZONING: 8-A PUBLIC HEARING NUMBER 92-11-KBT-1, Evette Suero (101 West McIntyre Street) The applicant requested a non use variance of setback requirement to permit a proposed single family residence to setback 0 feet from the rear property line, where 25 feet are required, and to setback 0 feet, where 7 5 feet are required, from the interior side property line and to setback 16 feet, where 25 feet are required, from the front property line Vice Mayor Sullivan opened the public hearing The applicant was not present Councilman Sime moved to defer this item to the end of the meeting, seconded by Councilman Brody The motion carried on a unanimous (6-0) voice vote 8-B PUBLIC HEARING NUMBER 92-11-KBT-2, Sanders and Gertrude Olavarrieta (475 Glenridge Road) The applicant requested a non use variance of setback requirements to permit a proposed addition to an existing single family residence to setback 14 5 feet, where 25 feet are required, from the rear property line Vice Mayor Sullivan opened the public hearing Community Development Director Sobrino recommended denial Mrs Olavarrieta requested that the application be deferred until a later date when the Village has finalized its Master Plan Marie Kirk spoke in favor of denial Councilman Fried made a motion to defer and to require that the applicant pay for any additional required advertisement, seconded by Councilman Rasco The motion carried on a unanimous (6-0) voice vote 9 REPORTS AND RECOMMENDATIONS: The following reports were submitted Councilman Sime gave a report on the Local Planning Agency She encouraged the public to attend the City of South Miami's public hearings on planning to be held the weekend of November 13th Page 2 of 9 NOVEMBER 10, 1992 Councilman Sime also reported to the Council on a test program for residents to reply to the Master Plan survey via a automated voice system The telephone number for the trial phase is 361- 9569 Mr Gregory Hahn, who designed the automated voice system, addressed the Council The Council discussed the matter 9-A VILLAGE ATTORNEY: Village Attorney Weiss briefly spoke on the Seaquarium issue 9-A-1 Weiss gave a report on the International Tennis Center negotiations 9-A-2 Weiss gave an update on the negotiations for the Rebozo property Helen White addressed the Council on this matter Councilman Hill responded to Ms White Village Manager Kissinger addressed the Council regarding the cost analysis prepared on the Rebozo property Mr Kissinger gave examples from the analysis for the benefit of the public The Council discussed the matter 9-B VILLAGE CLERK: 9-B-1 Village Clerk Inguanzo gave a report on the results of the charter amendment ballot questions from the November 3, 1992 election Mr Inguanzo also gaVe an update on the Occupational License program and stated that he would be at the Florida Association of City Clerks Institute the week of November 16th 9-C VILLAGE MANAGER: 9-C-1 Hurricane Andrew Progress Report The manager submitted a report on debris removal, Bill Baggs Cape Florida State Recreation Area, FEMA Financial Reimbursement, and the meeting of the Mayor's Consortium tentatively schedule for November 24, 1992 at the Council Chamber 9-C-2 Mr Kissinger gave an update on Calusa Park 9-C-3 Mr Kissinger withdrew an item relating to the purchase of holiday decorations for Crandon Boulevard 9-C-4 The manager briefly discussed FEMA's 50% Rule Councilman Sime discussed the issue and offered the following resolution Page 3 of 9 NOVEMBER 10, 1992 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING FEDERAL, STATE, AND COUNTY GOVERNMENTS TO ADOPT MEASURES TO MITIGATE EFFECTS OF FEMA'S 50% RULE, PROVIDING FOR AN EFFECTIVE DATE The Council discussed the resolution Mr John Festa spoke in favor of the resolution Councilman Sime made a motion to approve, seconded by Councilman Rasco The resolution was adopted by a unanimous (6-0) voice vote 9-C-5 Village Manager Kissinger requested certain dates as time off There were no objections from the Council 9-C-6 The manager submitted the following departmental reports (a) Building Official, (b) Community Affairs, (c) Engineer, (d) Finance, (e) Police, and (f) Recreation 9-C-7 The manager submitted a Stormwater Utility report 9-C-8 Village Manager Kissinger informed the board of his preliminary discussions with F P L regarding underground wiring He stated that F P L would conduct a cost analysis and submit it to the Village by March 1993 9-C-9 The manager requested authorization for the purchase of police vehicles Councilman Brody made a motion to authorize the purchase of five police cars at a cost of $11,541 08 per car or a total cost of $59,118 95 to be charged to the Police Department Account (#710645) 1992-93 Annual Operating Budget Councilman Fried seconded the motion The motion was adopted by a unanimous (6-0) voice vote 9-D MAYOR AND COUNCILMEMBERS: 9-D-1 As per the Village Charter, an election for Vice Mayor was called Vice Mayor Sullivan stated his opinion that everyone should have the opportunity to serve as Vice Mayor and that he would not seek an additional term as Vice Mayor Vice Mayor Sullivan opened the floor for nominations Councilman Rasco nominated Councilman Fried Councilman Fried respectfully declined the nomination Councilman Sime nominated Councilman Brody, seconded by Councilman Fried The nomination was adopted on a unanimous (6-0) roll call vote with each member voting as follows Hill (Yes), Rasco (Yes), Sime (Yes), Sullivan (Yes), Brody (Yes), and Fried (Yes) Page 4 of 9 NOVEMBER 10, 1992 9-D-2 Vice Mayor Sullivan suggested that a sanitary sewer study be conducted, as well as determining the number of households on Key Biscayne which are not being served by sanitary sewers The manager said he will research the matter 9-D-3 Vice Mayor Sullivan asked for a Fire/Rescue Review The manager said a study has been commissioned on the matter Camille Guething spoke on this item 9-D-4 Councilman Hill raised a discussion on the "cross - training" of police officers He stated that this decision should be a policy decision not an administrative one Councilman Hill made a motion that the Village Council make a final determination that the Village will not require or promote "cross -training" of police and fire employees prior to making a decision on Fire/Rescue service, and that the police hiring guidelines be revised accordingly, effective immediately Councilman Rasco seconded the motion for the purpose of discussion Councilman Rasco asked the Police Chief for his professional opinion on this matter Chief Flaherty stated that in his opinion, the better trained an officer is, the better he can serve the community Councilman Hill asked the Chief about a Public Service Department compared to separate Fire and Police Departments Chief Flaherty stated that it takes more training for a Public Service Department, but the Village also gains more from each individual The Council further discussed the issue Alma Trapolini and Camille Guething spoke in favor of the motion John Davis spoke against the motion The motion failed to pass on a 1-5 roll call vote with each member voting as follows Rasco (No), Sime (No), Sullivan (No), Brody (No), Fried (No), and Hill (Yes) 9-D-5 The status of the International Tennis Center lawsuit was discussed under the Attorney's report 9-D-6 Councilman Hill raised the discussion of a resolution to create a Village Tourism Board, the purpose of which is to study the effect of tourism on the village on an ongoing basis Councilman Hill stated he will introduce a formal resolution at a future meeting 9-D-7 Councilman Rasco discussed the formation of an Insurance Committee to study the ongoing and serious problem of insurance on Key Biscayne Councilman Sime stated her interest in the idea and stated that there should be a termination date Councilman Fried made a motion to authorize the creation of an Insurance Page 5 of 9 NOVEMBER 10, 1992 Committee, with specific duties, a termination date, and appointing Steve Ethenheim, Jim Taintor, Arturo Hoyo, Karl Madera, Julie Alvarez, Anne McDonald, Normon Roberts, Eduardo Sanchez and Councilman Rasco The motion was seconded by Councilman Rasco and adopted on a 5-1 voice vote with Councilman Hill voting No 9-D-8 Councilman Brody suggested that the Village consider an ordinance requiring contractors to have an on -site container at all construction sites He suggested language similar to a Collier County ordinance Councilman Brody moved to place this ordinance on a future agenda, seconded by Councilman Hill The motion was adopted by a unanimous (6-0) voice vote 10 COMMITTEE REPORT: There were no committee reports submitted 11 RESOLUTIONS: The Village Council took action on the following resolutions 11-A Councilman Fried, seconded by Councilman Hill made a motion to adopt the following resolution with an amendment deleting references to personal holidays RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING VILLAGE HOLIDAYS, PROVIDING FOR AN EFFECTIVE DATE The resolution was adopted on a unanimous (6-0) voice vote 11-B Councilman Fried, seconded by Councilman Hill, made a motion to adopt the following resolution with an amendment providing the Village Council the ability to rescind proclamations by a majority vote A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO PRESENT PROCLAMATIONS, PROVIDING FOR AN EFFECTIVE DATE The resolution was adopted on a unanimous (6-0) voice vote 11-C Councilman Fried, seconded by Councilman Sime, made a motion to adopt the following resolution A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING OFFICIAL MEETING PLACE, PROVIDING FOR AN EFFECTIVE DATE The resolution was adopted on a unanimous (6-0) voice vote Page 6 of 9 NOVEMBER 10, 1992 11-D Councilman Fried, seconded by Councilman Sime, made a motion to adopt the following resolution A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ALLOCATE PROCEEDS FROM INTEREST ON FUNDS FROM THE KEY BISCAYNE HOTEL AND VILLAS, PROVIDING FOR AN EFFECTIVE DATE The resolution was adopted on a unanimous (6-0) voice vote 11-E Councilman Brody withdrew the following resolution A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO REQUEST FROM DADE COUNTY A RE-EVALUATION OF THE AGRICULTURAL EXEMPTION ON THE REBOZO TRACT, PROVIDING AN EFFECTIVE DATE 11-F Councilman Rasco, seconded by Councilman Fried, made a motion to adopt the following resolution A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION 92-18, ADOPTING A DEFERRED COMPENSATION PLAN, PROVIDING FOR AN EFFECTIVE DATE Councilman Sime made a motion to amend the original motion by changing the coordinator of the plan from the Mayor to the Village Clerk, seconded by Councilman Brody The amendment was adopted by a unanimous (6-0) voice vote The amended motion was adopted by a unanimous (6-0) voice vote 12 OTHER BUSINESS/GENERAL DISCUSSION: At this point, the Village Council reconsidered Item 8-B which was deferred from the beginning of the meeting Councilman Hill made a motion to deny, seconded by Councilman Brody The motion carried by a unanimous (6-0) voice vote Mrs Brody thanked the Village Council and staff for their participation at the Youth Day functions held at the Elementary School 13 MEETING ANNOUNCEMENTS: Vice Mayor Sullivan announced the following meetings, noting that the Council will begin meeting at the Council Chamber located on the second floor of the Village Offices Page 7 of 9 NOVEMBER 10, 1992 A LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, NOVEMBER 17, 1992, 7:00 P.M. COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR KEY BISCAYNE, FLORIDA 33149 B SPECIAL VILLAGE COUNCIL MEETING TUESDAY, NOVEMBER 24, 1992, 7 00 P M COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR KEY BISCAYNE, FLORIDA 33149 C LOCAL PLANNING AGENCY SPECIAL MEETING (L.P.A.) TUESDAY, DECEMBER 1, 1992, 7:00 P.M. KEY BISCAYNE COUNCIL CHAMBER 85 WEST MCINTYRE STREET KEY BISCAYNE, FLORIDA 33149 D REGULAR VILLAGE COUNCIL MEETING TUESDAY, DECEMBER 8, 1992, 7 00 P M COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR KEY BISCAYNE, FLORIDA 33149 E LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, DECEMBER 15, 1992, 7:00 P.M. COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR KEY BISCAYNE, FLORIDA 33149 F REGULAR VILLAGE COUNCIL MEETING TUESDAY, JANUARY 12, 1993, 7 00 P M COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR KEY BISCAYNE, FLORIDA 33149 G LOCAL PLANNING AGENCY MEETING (L.P.A.) TUESDAY, JANUARY 19, 1993, 7:00 P.M. COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR KEY BISCAYNE, FLORIDA 33149 H SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JANUARY 26, 1993, 7 00 P M COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR KEY BISCAYNE, FLORIDA 33149 Page 8 of 9 NOVEMBER 10, 1992 14. ADJOURNMENT: The meeting was adjourned at 10 25 p m Approved this 2M4"' day of t...\o xrb r , 1992 Village Clhrk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 9 of 9