HomeMy Public PortalAbout11-24-92 Special Council Meeting.tifMINUTES
SPECIAL MEETING OF THE VILLAGE COUNCIL
VILLAGE OF KEY BISCAYNE, FLORIDA
NOVEMBER 24, 1992
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called
to order by Mayor Conte at 7 00 p m Present were Councilmembers
Mortimer Fried, Michael Hill (arrived late), Joe Rasco, Betty
Sime, Ray Sullivan (arrived late), Vice Mayor Clifford Brody, and
Mayor Rafael Conte Also present were Village Manager Sam
Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard
Weiss, Police Chief Michael Flaherty, Finance Director Jack
Neustadt, and Recreation Director Laurie Tessler
2 INVOCATION: Councilman Rasco offered the invocation
3 PLEDGE OF ALLEGIANCE: Mayor Conte led the Pledge
4 APPROVAL OF MINUTES: Councilman Fried made a motion to
approve the minutes from the meeting of November 10, 1992,
seconded by Councilman Brody The motion was approved by a
unanimous 5 - 0 voice The vote was as follows Councilmembers
Fried, Rasco, Sime, Vice Mayor Brody, and Mayor Conte voting Yes
5 AGENDA: APPROVALtADDITIONS/DELETIONS/SUBSTITUTIONS:
Councilman Rasco requested that a report on drainage be submitted
under the Village Manager's report
6 PUBLIC PARTICIPATION: Mayor Conte opened the floor for
public discussion
Mr John Festa, 695 Harbor Lane, discussed his disappointment
with the Master Plan Consultant
Mr Ed Meyer, 100 Sunrise Drive, raised several issues including
street lighting, Fire/Rescue issue, and a public works
department
Ms Lorraine Sonnabend, 330 Pacific Road, discussed the problems
of flooding, lighting, and potholes on East Drive
7 ORDINANCES: There were no ordinances discussed
8 BUILDING AND ZONING: Public Hearing Number 92-11-KBT-3 The
applicant submitted a request for an Entrance Feature for the
Sands of Key Biscayne (605 Ocean Drive) Mayor Conte opened the
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public hearing Manager Kissinger stated the Community
Development Director's recommendation for approval with
conditions
Mr Gerald Demarco, 7520 Southwest 57 Avenue, spoke on behalf of
the applicant After a brief discussion, Councilman Fried made a
motion to approve subject to the conditions outlined in the
Community Development Director's recommendation, seconded by
Councilman Rasco The motion was approved by a unanimous 5 - 0
voice vote The vote was as follows Councilmembers Fried,
Rasco, Sime, Vice Mayor Brody and Mayor Conte voting Yes
9 REPORTS AND RECOMMENDATIONS:
9-A VILLAGE ATTORNEY Attorney Weiss discussed the letter
received from Mr Robert Abplanalp, of Precision Valve, refusing
the Village's $5 million offer for the Rebozo property
Councilman Sime expressed her reservations about proceeding on
this issue without further financial analysis Councilman Brody
stated that he feels the Council should proceed
Marie Kirk, 201 Crandon Boulevard, expressed her concerns about
acquiring the property Stated that she felt the item should be
placed on the ballot for the voters to decide
Councilman Fried stated that there was a consensus at Master Plan
meetings from speakers to purchase the property He stated that
the Council should make another offer Councilman Rasco asked
the manager about a financial analysis Manager Kissinger
responded that he is in the process of selecting a financial
advisor for this and other projects
Mayor Conte stated that he felt the price on the property was
inflated He stated that a price acceptable to both parties
should be negotiated Councilman Brody stated that the Council
should make an offer based on the two appraisals done for the
Village Councilman Sime stated that the issue should be placed
on the ballot
Councilman Brody made a motion to offer $8 5 million, the amount
of the highest appraisal, for the property in question and to
present Mr Rebozo with the appraisals done on the property,
seconded by Councilman Fried
Councilman Hill stated that a complete financial analysis,
including the land and future capital projects to be built on the
land, should be done
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After further discussion, the Brody motion failed on a 3 - 4 roll
call vote The vote was as follows Councilmembers Fried,
Sullivan, and Vice Mayor Brody voting Yes Councilmembers Hill,
Rasco, Sime, and Mayor Conte voting No
Councilman Rasco stated his need for a complete financial
analysis regarding the options available to the Council on this
matter He requested that staff prepare a final written
recommendation on this matter Councilman Sullivan requested
that the manager prepare a report showing the impact of
purchasing the property on future budgets
Councilman Sime requested to hear Item #9 -D -3-A at this time
There were no objections
9 -D -3-A SUBSTANTIAL IMPROVEMENT RULE Karen Gievers, President
of the Dade Bar Association, was recognized Ms Gievers
addressed the Council and public about FEMA's 50% Rule She
distributed a list of attorneys who have offered to be of
assistance in this matter She urged the public to contact an
attorney to determine the best course of action for each
individual case She said that members of the public can call
the Dade Bar Association's hot-line number (374-0251) for
additional information
Mr John Festa, 695 Harbor Lane, asked about insurance companies
and how to proceed Ms Gievers responded to Mr Festa by
advising him to contact an attorney
9-B VILLAGE CLERK Clerk Inguanzo informed the Council that
the Mayor had signed a proclamation declaring December 3, 1992 as
"75th Anniversary of the Greater Miami Hotel and Motel
Association Day " There were no objections from the Council
Clerk Inguanzo gave a brief report on his attending the Florida
Association of City Clerks' Institute He also thanked the
Council for having afforded him the opportunity to attend the
seminar
9-C VILLAGE MANAGER
9-C-1 Manager Kissinger stated that a final debris removal and
pick-up would take place the week of November 30th
9-C-2 The manager advised the Council that he would seek the
opinion of an advisor to form a benefits package for Village
employees
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9-C-3 Manager Kissinger reported to the Council that only one
bidder submitted a proposal for the Catch Basin Cleaning
Contract Councilman Sime made a motion to accept the bid,
seconded by Councilman Fried The motion was adopted by a
unanimous 7 - 0 voice vote The vote was as follows
Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor
Brody, and Mayor Conte voting Yes
Mr Ignacio Tamayo, 265 Harbor Drive, suggested to the Council
that the drains be inspected before being cleaned The Council
discussed the matter
Mr Ed Slavens, 301 Palmwood Lane, stated that the Council should
make the storm drains their number one priority Councilman
Sullivan responded by saying that a Stormwater Utility has been
created and is currently out to bid Councilmembers Hill, Rasco
and Sime asked about short term solutions Manager Kissinger
presented an outline of the work schedule He expects
construction of system to begin in January 1994
There was further discussion by the Council on this item
9-C-4 The manager submitted the monthly financial statements
9-C-5 The manager asked Chief Flaherty to address the "Leash
Law" item Chief Flaherty stated that animal control was a
function of Dade County and that there is a leash law in the
county Excerpts of the leash law will be included in the next
Village newsletter The Chief hopes to further address the issue
when his department is functional
9-C-6 The manager stated that the Environmental Audit at Calusa
Park and the Police Station is proceeding
9-C-7 Manager Kissinger presented a report on the financial
advisor selected for the Village
9-C-8 The manager appointed Douglas R Stutts to perform a
Public Safety Services study
9-C-9 The manager requested a motion authorizing the purchase
of two additional police vehicles Councilman Rasco made a
motion to approve the purchase, seconded by Councilman Sime The
motion was adopted by a unanimous 7 - 0 voice vote The vote was
as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan,
Vice Mayor Brody, and Mayor Conte voting Yes
The manager also stated that he was discussing with Southern Bell
the delay in returning traffic light service on Crandon
Boulevard
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Manager Kissinger also requested a motion to accept a grant from
Dade County for Bike Paths Councilman Fried made a motion to
accept the grant from Dade County, seconded by Councilman Brody
The motion was adopted by a unanimous 7 - 0 voice vote The vote
was as follows Councilmembers Fried, Hill, Rasco, Sime,
Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes
The manager informed the board of additional donations made to
the Village's beautification fund
The manager stated that a summons was issued to the L'Esplanade
Shopping Center for violation which have not been corrected
Councilman Sime also discussed the problems with the U S Post
Office at that location
Manager Kissinger appointed Jack Neustadt as acting village
manager in his absence Councilman Brody made a motion to
confirm Jack Neustadt as acting village manager, seconded by
Councilman Sime The motion was adopted by a unanimous 7 - 0
voice vote The vote was as follows Councilmembers Fried,
Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte
voting Yes
The manager also presented a report by Finance Director Neustadt
on the agricultural exemption of the Rebozo property
Councilman Sullivan asked the manager about personnel policy for
Village Employees and stated that a workshop should be scheduled
Councilman Rasco asked about debris on beach access easements
Attorney Weiss stated that if the easement is private, it is the
responsibility of the owner to clean it
9-D MAYOR AND COUNCILMEMBERS
9-D-1 Councilman Hill made a motion to hold a public meeting to
discuss Fire and Rescue Service in January, seconded by
Councilman Brody The motion was adopted by a unanimous 7 - 0
voice vote The vote was as follows Councilmembers Fried,
Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte
voting Yes
9-D-2 Councilman Sullivan introduced Tom Ziebart, from
Exclusive Sport Marketing, who addressed the Council about the
"Family Fitness Weekend" scheduled for May 7, 8, and 9, 1993 at
Crandon Park Mr Ziebart requested written approval from the
Council to satisfy the county's traffic concerns Councilman
Sime made a motion to approve the closing of traffic lanes on
Crandon Boulevard for the event during specified morning hours,
seconded by Councilman Fried The motion was adopted by a
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unanimous 7 - 0 voice vote The vote was as follows
Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor
Brody, Mayor Conte voting Yes
10 COMMITTEE REPORTS: No committee reports were submitted
11 RESOLUTIONS:
11-A Councilman Brody, seconded by Councilman Fried, made a
motion to adopt the following resolution
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ESTABLISHING AN INSURANCE COMMITTEE, PROVIDING FOR
MEMBERSHIP, PROVIDING FOR TERM OF EXISTENCE, PROVIDING
FOR DUTIES, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE
The motion was adopted by a unanimous 7 - 0 voice vote The vote
was as follows Councilmembers Fried, Hill, Rasco, Sime,
Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes
Mayor Conte appointed the following members of the Insurance
Committee Steve Ettenheim, Jim Taintor, Arturo Hoyo, Kari
Madera, Julie Alvarez, Anne McDonald, Normon Roberts, Eduardo
Sanchez, and Councilman Joe Rasco
Councilman Brody made a motion to confirm the mayor's
appointments, seconded by Councilman Fried The motion was
adopted by a unanimous 7 - 0 voice vote The vote was as
follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice
Mayor Brody, and Mayor Conte voting Yes
11-B Councilman Sime, seconded by Councilman Rasco, made a
motion to adopt the following resolution
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
EXPRESSING APPRECIATION FOR THE AID AND ASSISTANCE PROVIDED
IN THE AFTERMATH OF HURRICANE ANDREW
The motion was adopted by a unanimous 7 - 0 voice vote The vote
was as follows Councilmembers Fried, Hill, Rasco, Sime,
Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes
Councilman Brody recommended that a representative of the Village
Council personally travel to Sarasota and Cocoa Beach and present
a proclamation to their respective legislative bodies thanking
them for their assistance during the hurricane recovery period
12 OTHER BUSINESS/GENERAL DISCUSSION: No additional business
was discussed
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13 MEETING ANNOUNCEMENTS: A schedule of future Council and
Local Planning Agency meetings was presented
14 ADJOURNMENT: The meeting was adjourned at 9 40 p m
Approved,
as amended, this 8th d y of December, 1992
Village Clem May
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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