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
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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
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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
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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)
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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
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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
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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
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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
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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
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