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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 Page 1 of 7 ( 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 Page 2 of 7 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 Page 3 of 7 ( 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 Page 4 of 7 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 Page 5 of 7 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 Page 6 of 7 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 Page 7 of 7